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

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, WEDNESDAY, NOVEMBER 19, 2003 No. 168 House of Representatives The House met at 10 a.m. For our country which has been en- principles throughout the world. May Rabbi Dr. Ari Korenblit, Temple Sho- riched by the prayers and talents from we forever be one Nation under God lom, Brooklyn, New York, offered the the early pilgrims to our recent citi- and continue our sacred duty to be the following prayer: zens. conscience of the world. God, bless America. In these troubled times, let us espe- Please, God, fill our hearts with We thank You, God, for our country cially remember the early pilgrims thanksgiving every moment. which has nurtured the hopes and who came to these shores with their dreams of people throughout the world. faith, dreams and hope in God. This is f For our country which is the most the secret of our endurance, prosperity charitable Nation that has ever ex- and success. THE JOURNAL isted, sharing its bounty and talents God, inspire the Members of this The SPEAKER. The Chair has exam- with all. great Chamber and all our leaders with ined the Journal of the last day’s pro- For our country which has provided courage to champion our divine moral ceedings and announces to the House welcoming portals of refuge, sanctuary code and with the strength to uphold his approval thereof. and opportunity, both material and those freedoms we hold dear. Bless and Pursuant to clause 1, rule I, the Jour- spiritual. protect our soldiers who defend those nal stands approved.

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

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

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VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.000 H19PT1 H11518 CONGRESSIONAL RECORD — HOUSE November 19, 2003 PLEDGE OF ALLEGIANCE the bill (H.R. 2861) ‘‘An Act making ap- Korenblit, and I can think of no great- The SPEAKER. Will the gentleman propriations for the Departments of er contribution one can make to his from Florida (Mr. FOLEY) come forward Veterans Affairs and Housing and community. and lead the House in the Pledge of Al- Urban Development, and for sundry I am not only pleased to congratulate legiance. independent agencies, boards, commis- Rabbi Korenblit on the honor of being Mr. FOLEY led the Pledge of Alle- sions, corporations, and offices for the chosen to deliver this morning’s pray- giance as follows: fiscal year ending September 30, 2004, er, but I wanted to congratulate his I pledge allegiance to the Flag of the and for other purposes,’’ requests a shul, Temple Sholom, on their 50th an- United States of America, and to the Repub- conference with the House on the dis- niversary. For more than a generation, lic for which it stands, one Nation under agreeing votes of the two Houses there- Temple Sholom has served the reli- God, indivisible, with liberty and justice for on, and appoints Mr. BOND, Mr. BURNS, gious and social needs of the Mill Basin all. Mr. SHELBY, Mr. CRAIG, Mr. DOMENICI, and Bergen Beach communities, and I f Mr. DEWINE, Mrs. HUTCHISON, Mr. STE- wish them many more decades of con- MESSAGE FROM THE SENATE VENS, Ms. MIKULSKI, Mr. LEAHY, Mr. tinued vitality. HARKIN, Mr. BYRD, Mr. JOHNSON, Mr. In closing, it is also my pleasure to A message from the Senate by Mr. REID, and Mr. INOUYE, to be the con- welcome this day the Rabbi’s wife, Monahan, one of its clerks, announced ferees on the part of the Senate. Daniela Reik, who is with us today, his that the Senate has passed without The message also announced that the three daughters, Haviva, Eliora, amendment bills of the House of the Senate has passed a bill of the fol- Emuna, and his mother-in-law, following titles: lowing title in which the concurrence Mignon. H.R. 23. An act to amend the Housing and of the House is requested: Thank you very much, Rabbi. Community Development Act of 1974 to authorize communities to use community de- S. 189. An act to authorize appropriations f velopment block grant funds for construc- for nanoscience, nano-engineering, and nanotechnology research, and for other pur- SUPPORT THE MEDICARE tion of tornado-safe shelters in manufac- MODERNIZATION BILL tured home parks. poses. H.R. 2744. An act to designate the facility The message also announced that the (Mr. FOLEY asked and was given per- of the United States Postal Service located Senate agreed to the report of the commission to address the House for 1 at 514 17th Street in Moline, Illinois, as the mittee of conference on the disagreeing minute and to revise and extend his re- ‘‘David Bybee Post Office Building’’. votes of the two Houses on the amend- marks.) H.R. 3175. An act to designate the facility Mr. FOLEY. Mr. Speaker, what of the United States Postal Service located ment of the Senate to the bill (H.R. at 2650 Cleveland Avenue, NW in Canton, 2754) ‘‘An Act making appropriations should be a celebratory week for Amer- Ohio, as the ‘‘Richard D. Watkins Post Office for energy and water development for ica’s seniors is turning into a partisan Building’’. the fiscal year ending September 30, fight. In memory of my grandmother, I H.R. 3379. An act to designate the facility 2004, and for other purposes.’’ come to the floor today urging my col- of the United States Postal Service located f leagues to come together on this im- at 3210 East 10th Street in Bloomington, In- portant change in Medicare to provide diana, as the ‘‘Francis X. McCloskey Post Of- WELCOMING RABBI DR. ARI prescription drugs for the first time in fice Building‘‘. KORENBLIT our Nation’s history for our seniors. The message also announced that the (Mr. WEINER asked and was given Let me ask our colleagues on the Senate has passed with an amendment permission to address the House for 1 other side of the aisle, in the memory in which the concurrence of the House minute and to revise and extend his re- of Claude Pepper, Franklin Roosevelt is requested, a bill of the House of the marks.) and others who cared so deeply for sen- following title: Mr. WEINER. Mr. Speaker, on behalf iors, to put aside your partisan dif- H.R. 2765. An act making appropriations of the House of Representatives, it is ferences and walk with us in improving for the government of the District of Colum- my pleasure to welcome Rabbi the most important fundamental bia and other activities chargeable in whole Korenblit and thank him for delivering health care program for seniors in our or in part against the revenues of said Dis- trict for the fiscal year ending September 30, this morning’s prayer. Nation’s history. Discount drug cards, 2004, and for other purposes. Rabbi Korenblit’s eloquence this lower prices for prescription drugs, morning was no surprise to those of us The message also announced that the availability for new technology to help in Brooklyn who have come to know Senate insists upon its amendment to those who are ailing, preventive health him as one of the community’s most the bill (H.R. 2765) ‘‘An Act making ap- care, diagnostic screening for cardio- prominent moral leaders. Since 1997, he propriations for the government of the vascular disease and diabetes. This is a has been the Rabbi at Temple Sholom District of Columbia and other activi- tremendously important bill for our in Southern Brooklyn, after having ties chargeable in whole or in part Nation’s seniors. Let us not fight about served congregations in New Jersey against the revenues of said District it. Let us move forward. and Manhattan. for the fiscal year ending September 30, AARP supports this bill. Yet the Rabbi Korenblit was ordained at 2004, and for other purposes,’’ requests Democratic leadership is urging Mem- Meor Hatorah Rabbinical College and a conference with the House on the dis- bers that if they vote for it, they received advanced rabbinical training agreeing votes of the two Houses there- should leave the caucus. One Member at Torah Vodaath Rabbinical Institute, from California is actually resigning on, and appoints Mr. DEWINE, Mrs. Boston Kolel and Gur Aryeh Institute from AARP because she is so upset HUTCHISON, Mr. BROWNBACK, Mr. STE- for Advanced Rabbinical Studies. with their endorsement of the bill. VENS, Ms. LANDRIEU, Mr. DURBIN, and What has most distinguished the AARP has long been known as the gold Mr. INOUYE, to be the conferees on the Rabbi’s career is his commitment to part of the Senate. standard for keeping and caring for children, which is matched only by his The message also announced that the America’s seniors. Let us not put their commitment to his faith. He is not Senate has passed with an amendment vision outside this building. Let us only the Rabbi at Temple Sholom, but in which the concurrence of the House bring it in. Let us debate this bill but he is the principal of the Schwartz Re- is requested, a bill of the House of the in behalf of millions of American sen- ligious School at the Temple. And he following title: iors, let us pass this important land- spent many years as not only a prin- H.R. 2861. An act making appropriations mark legislation this week before we for the Departments of Veterans Affairs and cipal but as a school teacher, camp di- go home. Housing and Urban Development, and for rector and youth group director. He has f sundry independent agencies, boards, com- also written and lectured extensively missions, corporations, and offices for the on educational issues, with a focus on ESTABLISHING ARABIA MOUNTAIN fiscal year ending September 30, 2004, and for child rearing matters. Untold numbers NATIONAL HERITAGE AREA other purposes. of young people in our community have (Ms. MAJETTE asked and was given The message also announced that the grown up to lead healthy spiritual lives permission to address the House for 1 Senate insists upon its amendment to because of the influence of Rabbi minute.)

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.001 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11519 Ms. MAJETTE. Mr. Speaker, yester- but Americans can reduce their risk by plished as it relates to the economy. day the House of Representatives eating properly and maintaining reg- This economy is not working for mid- unanimously passed H.R. 280, which in- ular exercise. dle-class families who find health care cludes H.R. 1618, establishing the Ara- I urge everyone to get the facts about costs skyrocketing out of control, col- bia Mountain National Heritage Area. I diabetes during November, American lege costs skyrocketing out of control, thank the Committee on Resources and Diabetes Month. In conclusion, God their job in a tenuous position, and each of the cosponsors from Georgia for bless our troops. their bankruptcy and consumer debt their hard work in passing this bill. f rising faster than they can meet the This has been truly a bipartisan effort, demands of their family. VOTE AGAINST MEDICARE with five Democrats and five Repub- Mr. Speaker, I rise and ask that MODERNIZATION BILL lican cosponsors. I would like to par- Members of this Chamber focus on the ticularly thank the gentleman from (Mr. DEFAZIO asked and was given needs of middle-class families and get Georgia (Mr. LINDER) for his leader- permission to address the House for 1 the economy moving by producing jobs. minute.) ship. f The Arabia Mountain legislation will Mr. DEFAZIO. Mr. Speaker, we have protect the natural, cultural and his- before us not a simple prescription WAR IN IRAQ COUNTER- torical resources of Georgia’s granite drug benefit for seniors which they PRODUCTIVE TO WINNING WAR outcroppings and will preserve the need and which is long overdue, not ON TERROR wonders that Arabia Mountain has to just a complicated, convoluted, expen- (Mr. KUCINICH asked and was given offer. The heritage area is a living his- sive and inadequate benefit for seniors, permission to address the House for 1 tory lesson, illustrating 7,000 years of it is the pharmaceutical promotion and minute.) human interaction with a unique land- profits protection act. It prohibits any Mr. KUCINICH. Mr. Speaker, the war scape. Despite its proximity to At- mandated, or even negotiated reduc- in Iraq has proven to be counter- lanta, it includes Panola Mountain, tions in the extortionate price of phar- productive to our goals in winning the which is pristine land untouched by de- maceuticals. Yes, it would outlaw the war on terror. It has produced an in- velopment, unique granite Federal Government negotiating for crease in anti-American sentiment all outcroppings that are more than 400 price reductions on behalf of Medicare over the world, an increased presence million years old, and endangered beneficiaries. It will block seniors who of al Qaeda inside Iraq, and a greater mosses and lichens that top Arabia are seeking to import less expensive instability in the region. Every day Mountain itself. U.S. manufactured drugs from Canada. that we are inside Iraq, the situation Beyond the natural beauty is a rich It provides a $20 billion subsidy to the gets progressively worse as evidenced cultural history that began when Na- private insurance industry to under- by the frequent and more sophisticated tive Americans quarried these soap- mine Medicare. It is a cruel hoax tar- attacks on our troops. As a result of stone and granite outcroppings more geted on the most vulnerable among the escalating terrorist attacks upon than 5,000 years ago. By connecting the us. It is not, as the gentleman from our troops, more Americans have died heritage area’s natural, cultural and Florida said, bipartisan. after the end of combat was announced historical resources through rivers, I knew Claude Pepper. I served with on May 1. The U.S. occupation of Iraq greenways and parks, this region will Claude Pepper. And FDR, I did not is counterproductive as it is a contrib- rapidly become a popular recreation know him, but I know that he passed uting cause for instability. We simply area for Georgians and all Americans. Social Security without a single Re- cannot help the people of Iraq by con- I thank my colleagues for recog- publican vote. And LBJ passed Medi- tinuing this occupation, nor can we nizing the importance of the Arabia care without support on that side. Now tolerate talk of a draft to sustain an Mountain National Heritage Area and suddenly in defense of the pharma- occupation. for passing H.R. 280. ceutical industry and the private insur- That is why we need to get the U.S. f ance industry, they want to attack out and the United Nations in. Medicare but pretend they are doing f AMERICAN DIABETES MONTH this for the good of seniors. MEDICARE MARKET BASKET (Mr. WILSON of South Carolina f asked and was given permission to ad- UPDATE FOR HOSPITALS AT&T WIRELESS ANNOUNCES dress the House for 1 minute and to re- (Mr. GINGREY asked and was given LAYOFFS vise and extend his remarks.) permission to address the House for 1 Mr. WILSON of South Carolina. Mr. (Mr. EMANUEL asked and was given minute and to revise and extend his re- Speaker, November is American Diabe- permission to address the House for 1 marks.) tes Month, and it is important that minute.) Mr. GINGREY. Mr. Speaker, I rise communities throughout our Nation Mr. EMANUEL. Today in the Wall today in support of the market basket participate in spreading awareness of Street Journal, AT&T Wireless an- update to hospitals provided for in the the facts about the disease. Diabetes is nounced that they are going to lay off House-Senate Medicare agreement. a very serious health problem in Amer- nearly 10 percent of their workforce, This legislation will supply a full up- ica, as two out of three people who suf- 3,000 employees, and outsource hun- date for hospitals that submit data for fer from diabetes will die of heart dis- dreds of other jobs to India. These 3,000 a set of 10 quality indicators. ease or stroke. Diabetes also leads to employees will be added to the 9 mil- other complications, including blind- lion Americans who already cannot b 1015 ness, high blood pressure, kidney dis- find work and the 2 million Americans Those hospitals that do not submit ease, nervous system disease, amputa- who are defined as long-term unem- data would receive updates of 0.4 per- tions, dental disease, problems in preg- ployed Americans. This economy, al- cent less than the market basket level. nancy and other health risks. though growing, is stalled. As Goldman It is imperative that our hospitals This touches almost every family in Sachs recently described, it is not a and especially, Mr. Speaker, our rural every part of America. According to jobless economy, it is a job-loss recov- hospitals receive this full update in the American Diabetes Association, 13 ery. As we have reached record con- order to ensure that they maintain the million people have been diagnosed sumer debt and bankruptcy, long-term ability to provide needed goods and with the disease and an additional 5.2 record unemployment, adding addi- services. million have been estimated to be un- tional employees today by the an- I stressed the importance of this aware that they are living with the dis- nouncement of AT&T Wireless to lay issue by offering a letter to the Medi- ease. As for my home State of South off 3,000 employees, this economy is not care conferees urging them to reject Carolina, we have the second highest working for middle-class Americans. the proposed market basket reduction rate of diabetes in the Nation. Also There are some in this Chamber who to hospitals and ensure that the final alarming is that 90 to 95 percent of dia- like to spike the ball on the 40-yard Medicare legislation delivers unfet- betes cases are developed later in life, line and declare the mission accom- tered improvements for rural health

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.003 H19PT1 H11520 CONGRESSIONAL RECORD — HOUSE November 19, 2003 care and a full market basket update Reed and visit the wounded and then tunity to destroy Medicare as we know for hospitals. Over 120 of my colleagues go out and visit some of the families it and as it can be a better entity for joined me in that effort. that have lost people in Iraq. To do less all. Let us get to work as a bipartisan I urge my colleagues to continue to than that is to ignore the sacrifice House, two Chambers, producing some- back this provision in the final version they have made. thing that really means a vital lifeline of the bill and show support for our f to our seniors. hospitals by its passage. MEDICARE: INDIGENT CARE f f (Mr. PEARCE asked and was given H.R. 1 CONFERENCE REPORT AND IN SUPPORT OF H.R. 253 permission to address the House for 1 THE AARP (Mr. BLUMENAUER asked and was minute and to revise and extend his re- (Ms. WOOLSEY asked and was given given permission to address the House marks.) permission to address the House for 1 for 1 minute.) Mr. PEARCE. Mr. Speaker, I rise this minute and to revise and extend her re- Mr. BLUMENAUER. Mr. Speaker, morning to encourage my colleagues to marks.) today on the suspension calendar H.R. support H.R. 1. Ms. WOOLSEY. Mr. Speaker, I rise to 253, the Two Floods bill, is an oppor- One of the important provisions in express my profound disappointment tunity to reauthorize and reform this bill is reimbursement for States with the squandered opportunity we America’s flood insurance program. It and counties that are required to treat have right now, an opportunity to pro- is a great opportunity to build on the illegal immigrants through the Emer- vide our seniors with the prescription legacy of the late Hale Boggs from gency Medical Treatment and Labor drug coverage they need and they de- Louisiana who helped create the pro- Act. This unfunded mandate is break- serve. gram because he understood how im- ing the hospitals in my district. But I am just as concerned about the portant it was to a State like his. As a border State, we constantly decision made by AARP, the American The bill passed out of the Committee incur costs on our counties that are Association of Retired People, to en- on Financial Services with a unani- mandated by the Federal Government dorse these misguided policies. I have mous vote, broad support from bank- but never reimbursed. By Federal law, long been proud of my membership in ers, realtors, environmentalists. With hospitals must treat any person, re- AARP, but now they have sold out sen- the help of the gentleman from Lou- gardless of citizenship, in need of med- iors. Now I understand why AARP no isiana (Mr. BAKER), we assure that the ical attention. If the person is a United longer stands for American Association special needs of flood-prone areas are States citizen, Medicare or Medicaid of Retired People. Perhaps they would met, that we help people move their pays for the treatment, but there is no like to be known as the American As- homes out of harm’s way, that there is reimbursement for illegal immigrants. sociation of the Republican Party. more assistance for the States with the Border hospitals are caving under these They no longer represent retirees. biggest problems, and it will reduce the costs of providing care daily for illegal They are more concerned about the in- premium pressure, saving money for immigrants who have no insurance and terests of large drug companies. 41⁄2 million policyholders. Last, but by no ability to pay. I want no part of an organization no means least, these reforms will ulti- For example, Luna County in my dis- that is willing to sacrifice its prin- mately mean significant savings in district is often expected to pay for Mexi- ciples for short-term political gain or aster relief costs for the Federal Gov- can citizens to be picked up at the bor- favors from the majority party, and ernment. der, taken to a hospital and treated, neither do more than 65 of my col- One percent of the property should and then returned to the border. Tax- leagues. Today we will surrender our not require 25 percent of the loss costs payers are footing the bill for indigent AARP membership, and I urge all of for the entire country. This Bill is a care. This provision ensures that coun- my colleagues who truly care about the win-win for the economy, for people ties and States will receive the money needs of seniors to do the same. moved out of harm’s way, and for the in return for the services the Federal f environment. I urge my colleagues to Government requires them to provide. ANNOUNCEMENT BY THE SPEAKER carefully consider it as it comes for- f PRO TEMPORE ward later today. MEDICARE PRESCRIPTION DRUG f The SPEAKER pro tempore (Mr. BENEFIT SHAW). Pursuant to clause 8 of rule XX, PRESIDENT BUSH’S TRIP TO (Ms. JACKSON-LEE of Texas asked the Chair will postpone further pro- GREAT BRITAIN and was given permission to address ceedings today on motions to suspend (Mr. MCDERMOTT asked and was the House for 1 minute and to revise the rules on which a recorded vote or given permission to address the House and extend her remarks.) the yeas and nays are ordered, or on for 1 minute and to revise and extend Ms. JACKSON-LEE of Texas. Mr. which the vote is objected to under his remarks.) Speaker, over the next couple of days, clause 6 of rule XX. Mr. MCDERMOTT. Mr. Speaker, King in a very rushed and possibly confused Record votes on postponed questions George II’s return to Great Britain re- effort, this body will bring to the floor will be taken later today. minds me of the return of Richard the a Medicare bill. When we talk to our f Lionheart from the Crusades. The seniors across the Nation, they believe President is coming back to England. that this is in response to their desire EXPRESSING SENSE OF HOUSE RE- He says he is going to meet with the to have a real, guaranteed Medicare GARDING COURAGEOUS LEADER- families of the bereaved from 9/11. Ap- prescription drug benefit. But, Mr. SHIP OF UNIFIED BUDDHIST parently, he does not know that 400 Speaker, what has happened was a CHURCH OF VIETNAM people have died in the United States closed-door conference with no partici- Mr. LEACH. Mr. Speaker, I move to in their service in Iraq. He has never pation of Democrats, and I want to be suspend the rules and agree to the reso- seen fit to meet with them. convinced that we have something that lution (H. Res. 427) expressing the sense In less than 1 year, we have lost more will help all of our seniors. We have got of the House of Representatives regard- people in Iraq than we lost in 3 years in privatization of Medicare, vouchers for ing the courageous leadership of the the Vietnam War. But the President Medicare, big money for pharma- Unified Buddhist Church of Vietnam has a secret plan he is now revealing. ceutical companies, and no guaranteed and the urgent need for religious free- His secret plan is that he is going to prescription drug benefit. dom and related human rights in the declare victory and have the troops out President Johnson went out on a Socialist Republic of Vietnam, as by June 1. limb in 1965 with hardly any Repub- amended. Mr. Speaker, this President is lead- lican support and gave a lifespan to our The Clerk read as follows: ing us over the cliff with no respect for seniors that they could never imagine. H. RES. 427 the people that he has put in harm’s Shame on this body. Shame on the Whereas Buddhism has a 2,000-year tradi- way. He ought to come up to Walter other body if they take this oppor- tion in Vietnam and the Unified Buddhist

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.005 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11521 Church of Vietnam (UBCV) is an heir to this Whereas on October 8, 2003, Vietnamese au- from California (Mr. LANTOS) each will tradition; thorities initiated a tense standoff following control 20 minutes. Whereas the Government of Vietnam in the meeting, where police stopped a vehicle The Chair recognizes the gentleman 1981 declared the UBCV, one of the largest carrying the UBCV’s new leadership and sub- from Iowa (Mr. LEACH). religious denominations in the country, ille- sequently detained the eleven passengers; gal, confiscated its temples, and persecuted Whereas Venerables Thich Huyen Quang GENERAL LEAVE its clergy for refusing to join the state-spon- and Thich Quang Do were taken to their re- Mr. LEACH. Mr. Speaker, I ask unan- sored Buddhist organizations; spective pagodas where they have been effec- imous consent that all Members may Whereas the Government of Vietnam has tively isolated and detained; four senior have 5 legislative days within which to often imprisoned UBCV clergy and subjected monks, the Venerable Thich Tue Sy, Thich revise and extend their remarks and in- Thanh Huyen, Thich Nguyen Ly, and the them to other forms of persecution; the Pa- clude extraneous material on the reso- triarch of the UBCV, the 85-year-old Most UBCV Supreme Patriarch’s personal assist- Venerable Thich Huyen Quang, has been de- ant, Venerable Thich Dong Tho, were imme- lution under consideration. tained and restrained for more than 2 dec- diately sentenced to 24 months of adminis- The SPEAKER pro tempore. Is there ades in isolated areas of Vietnam; trative detainment by written orders of the objection to the request of the gen- Whereas the Vietnamese Government has Ho Chi Minh City People’s Committee, and tleman from Iowa? held the Most Venerable Thich Quang Do, three others, the Venerables Thich Thien There was no objection. the Executive President of the UBCV and his Hanh, Thich Thai Hoa, and Thich Nguyen Mr. LEACH. Mr. Speaker, I yield my- deputy, the Venerable Thich Tue Sy, in var- Vuong to 24 months administrative detainment by ‘‘oral’’ orders from various local au- self such time as I may consume. ious forms of detention since 1977; I rise in support of H. Res. 427 regard- Whereas the Very Venerable Thich Thien thorities, in protest of which the Venerable Minh, Supreme Counselor of the UBCV, was Thich Thien Hanh initiated a hunger strike ing the United Buddhist Church of tortured to death in a reeducation camp in on October 19, 2003; Vietnam. This resolution congratulates 1978; Whereas according to reports by the the newly appointed leadership of this Whereas many other leading UBCV figures, United States State Department, the United Buddhist Church and notes the perse- including Thich Thien Hanh, Thich Phuoc States Commission on International Reli- cutions faced by the church during the An, Thich Dong Tho, Thich Vien Dinh, Thich gious Freedom, and the European Union, the past 3 decades and urges the Govern- Thai Hoa, Thich Nguyen Ly, Thich Thanh Socialist Republic of Vietnam systematically limits the right of religious organiza- ment of the Socialist Republic of Viet- Huyen, Thich Khong Tanh, Thich Phuoc nam to comply with its own constitu- Vien, Thich Hai Tang, Thich Dong Tho, tions to choose their own clergy; Thich Nguyen Vuong, Thich Chi Mau, Thich Whereas according to these same reports, tional and international pledges to pro- Chi Thang, and Thich Thanh Quang have the Socialist Republic of Vietnam uses house tect rights of religious belief and prac- been detained, harassed, and under tight sur- arrest and long prison sentences to punish tice. veillance; individuals for practicing their faith, as evi- According to the State Department, Whereas several members of the UBCV denced also by the jail sentences handed the Vietnamese government ‘‘con- have fled to Cambodia to escape religious re- down to Father Nguyen Van Ly, his three relatives, Montagnard and Hmong Protes- tinues to maintain broad legal and pol- pression and harassment; icy restrictions on religious freedom Whereas Pham Van Tuong, formerly tants, Cao Dai, and Hoa Hao Buddhists; known as Thich Tri Luc, disappeared from Whereas during the 107th Congress the and to ban and actively discourage par- Cambodia in July 2002 after being given ref- House of Representatives passed H.R. 2833, ticipation in what it regards as illegal ugee status by the United Nations High Com- the Vietnam Human Rights Act, on Sep- religious groups, including the Unified missioner for Refugees (UNHCR), and has tember 6, 2001, which noted the persecutions Buddhist Church of Vietnam.’’ The since been discovered to be in custody in faced by various members of the UBCV over most recent Country Reports on Vietnam, where he is reportedly charged the past 25 years; and Human Rights Practices notes that re- with the vague crime of ‘‘fleeing abroad or Whereas because of systematic, egregious, and ongoing abuses of religious freedom, the ligious and organizational activities by defecting overseas with the intent to oppose Buddhist monks associated with this the people’s administration,’’ which carries a United States Commission on International possible sentence of life imprisonment; Religious Freedom recommended that the church are illegal and that all of this Whereas Vietnam has acceded to inter- President of the United States designate Buddhist church’s activities outside of national covenants and treaties that pro- Vietnam as a ‘‘country of particular con- private temple worship have been prohibit the forced repatriation of UNHCR-rec- cern’’ under the provisions of the Inter- scribed by the government. ognized refugees; national Religious Freedom Act of 1998: Now, The plight of the Unified Buddhist Whereas Vietnam has acceded to inter- therefore, be it Church is perhaps most poignantly national covenants and treaties that protect Resolved, That the House of Representa- symbolized by the enforced isolation the right to faith, belief, and practice; tives— endured by some of its senior clerics Whereas Vietnam’s constitution protects (1) congratulates the new leadership of the over the past 21⁄2 decades, notwith- the right of religious belief; Unified Buddhist Church of Vietnam; Whereas in a show of religious tolerance, (2) urges the Government of Vietnam to re- standing their advanced age and some- the Vietnamese Government in April 2003 al- spect the right of all independent religious times frail health. Inspired by their ex- lowed the Most Venerable Thich Huyen organizations to meet, worship, operate, and amples of nonviolence and courage, we Quang, the Fourth Supreme Patriarch of the practice their faith in accordance with Viet- reaffirm our belief in the rights of all UBCV, to receive urgent medical care in nam’s own constitution and international people to worship and to organize their Hanoi; covenants to which Vietnam is a signatory; religious communities according to the Whereas at that time, Vietnamese Prime (3) urges the Government of Vietnam to re- dictates of conscience, free from state Minister Phan Van Khai met with Venerable store freedom to all Vietnamese citizens im- coercion. Thich Huyen Quang and assured him that his prisoned or under house arrest for practicing and Venerable Thich Quang Do’s detention their faith or for advocating freedom of reli- At the same time, it is important to were mistakes by local officials and that he gion, especially the Most Venerable Thich note that H. Res. 427 is not merely crit- hoped they would extend Buddhist forgive- Huyen Quang and the Very Venerable Thich ical of past transgressions. It is also as- ness toward past actions of the government; Quang Do; pirational. In addition to citing the Whereas in June 2003, the Vietnamese Gov- (4) is committed to promoting religious Constitution of Vietnam, which for- ernment ended the detention order against freedom in Vietnam, and, in furtherance of mally protects religious freedom of be- Venerable Thich Quang Do, the Executive this goal, urges the implementation of the lief, it notes certain extremely modest President of the UBCV; recommendations of the United States Com- but welcome developments earlier this Whereas in September and October 2003, mission on International Religious Freedom; the UBCV held a meeting in Nguyen Thieu and year. Pagoda in Binh Dinh province to discuss (5) urges the United States Embassy in This past spring the Vietnamese gov- church affairs, choose a new leadership Vietnam to closely monitor cases of abuse of ernment allowed the Fourth Supreme which had been vacant for a decade, and religious belief and practice, routinely visit Patriarch of the Buddhist Church to verify Vietnamese Prime Minister Phan Van detained clergy members, especially those in travel to Hanoi to seek urgent medical Khai’s promise of a new era of understanding need of medical care, and report to the Con- care and also ended the long-standing and respect; gress on specific measures taken to protect detention ordered against the Vener- Whereas Vietnamese authorities at- and promote religious freedom in Vietnam. tempted to disrupt these gatherings by re- able Thich Quang Do. During that pe- stricting the travel of monks from other The SPEAKER pro tempore. Pursu- riod the Vietnamese Prime Minister re- provinces and then intimidating those at- ant to the rule, the gentleman from portedly met with the Supreme Patri- tending; Iowa (Mr. LEACH) and the gentleman arch and made statements that some

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.001 H19PT1 H11522 CONGRESSIONAL RECORD — HOUSE November 19, 2003 hoped would presage an era of in- the right of all religious organizations teed by the Vietnamese constitution creased governmental openness to- to meet, to worship, to operate, and to and enshrined in the United Nations wards the Unified Buddhist Church of practice their faith in accordance with Covenant on Civil and Political Rights, Vietnam. Vietnam’s own Constitution and inter- which Vietnam has both ratified and Unfortunately, those statements national covenants to which Vietnam has pledged to uphold. According to the have not yet borne practical dividends, is a signatory. We cannot have truly 2003 report of the United States Com- and just last month there were indica- normal relations with Vietnam until mission on International Religious tions of a renewed crackdown in the the Vietnamese government finally Freedom, the Vietnamese government Buddhist leadership, including the re- lives up to its obligations to protect re- does not, does not fully support reli- turn of numerous senior clerics to ef- ligious freedom. gious freedom. I would like to quote fective detention. At a time when Viet- Mr. Speaker, I urge all of my col- some of the statements from that re- nam is admittedly undergoing many leagues to support this resolution. port. transformations that are progressive, Mr. Speaker, I reserve the balance of It says, ‘‘The current approach of the we urge the government of that nation my time. U.S. Government to advance religious to trust its citizens with the basic free- Mr. LEACH. Mr. Speaker, I reserve freedom in Vietnam has failed to yield doms that they deserve. the balance of my time. concrete results. Key religious dis- I would like to thank the personnel Mr. LANTOS. In that case, Mr. sidents have been imprisoned. Others of the United States Department of Speaker, I am delighted to yield such remain under house arrest. In addition, State and the U.S. Commission on time as she may consume to the gen- the government has intensified its International Religious Freedom who tlewoman from California (Ms. LORET- crackdown on religious minorities in worked with our committee staff and TA SANCHEZ), the author of this resolu- the western provinces and in the Cen- with the gentlewoman from California tion. tral Highlands.’’ (Ms. LORETTA SANCHEZ), the sponsor, to Ms. LORETTA SANCHEZ of Cali- The report goes on to state that update and refine the language of the fornia. Mr. Speaker, I thank the gen- ‘‘Therefore, the Commission rec- original resolution. The text before us tleman from Iowa (Mr. LEACH) for ommends that the United States Gov- is a thoughtful, accurate product that bringing this to the floor, and I thank ernment intensify its leverage to hold deserves the support of this body. the gentleman from Illinois (Chairman the government of Vietnam to its Mr. Speaker I reserve the balance of HYDE). international obligation to protect my time. Mr. Speaker, I represent the largest human rights, including that of reli- Mr. LANTOS. Mr. Speaker, I yield Vietnamese population outside of Viet- gious freedom.’’ myself such time as I may consume. nam in the world, in Orange County, This resolution does just that. I rise in strong support of this resolu- California, so I have been following the The latest incident, which occurred tion. relationship of the United States and just this year, the one with the Unified Vietnam for the last 7 years that I Buddhist Church of Vietnam, the larg- b 1030 have been in the Congress. I rise today est religious denomination in that Mr. Speaker, I first would like to to speak on behalf of House Resolution country, was because they held a meet- commend my good friend and col- 427, a bipartisan resolution which high- ing to elect new leadership, discuss league, the gentlewoman from Cali- lights the courageous leadership of the their future, and to verify that the fornia (Ms. LORETTA SANCHEZ) for in- Unified Buddhist Church of Vietnam, Prime Minister of Vietnam had prom- troducing this important and timely which is currently undergoing one of ised a new era of understanding and re- resolution. I would also like to thank the harshest crackdowns in history, spect. In stark contrast to that prom- the gentleman from Illinois (Chairman and the urgent need for religious free- ise of respect and understanding, the HYDE) for moving this legislation to dom, and for basic human rights in the Vietnamese authorities disrupted that the floor so expeditiously. Socialist Republic of Vietnam. meeting, intimidated the people at Mr. Speaker, the resolution before This resolution, which I introduced that meeting, and ultimately arrested the House tackles a critically impor- with my colleagues, the gentleman most of the leadership. tant human rights matter: the contin- from New Jersey (Mr. SMITH), the gen- The Venerables Thich Huyen Quang ued oppression of the United Buddhist tleman from Virginia (Mr. TOM DAVIS), and Thich Quang Do were taken into Church of Vietnam and the lack of reli- the gentlewoman from California (Ms. custody and remain in detainment. gious freedom in that country. For LOFGREN), and the gentleman from Now, one of them is 75 years old. I have most of the last two millennia, Bud- California (Mr. ROYCE) is timely, im- met with him in Vietnam. He is not a dhism flourished in Vietnam. But in portant, and will do a great deal to ad- menace to society. In fact, he was nom- 1981, the United Buddhist Church of vance the cause of religious freedom in inated by over 60 Members of Congress Vietnam was declared illegal, its tem- Vietnam. in the year 2000 for the Noble Peace ples were confiscated by the govern- Now, many of my colleagues will say, Prize. He has about 2 decades worth of ment, its clergy was persecuted be- well, LORETTA has opposed trade rela- arrests from this current government. cause they refused to join State-spon- tions with Vietnam, or there has al- These actions are unconscionable sored Buddhist organizations. ways been a difficult relationship with but, unfortunately, they are nothing Leading figures in the Buddhist Vietnam, and the answer is yes, but new. The Vietnamese government has Church have been jailed, detained in that is in the past. This is about the routinely used intimidation, harass- isolated areas, harassed, and kept current situation, and the current situ- ment, and imprisonment to punish in- under constant surveillance. The Viet- ation is about religious freedom, or the dividuals who choose to practice their namese government has systematically ability for the Vietnamese people to own faith. prevented Buddhist monks from meet- express their religious beliefs in the I recently spoke with a high-ranking ing and worshipping as they choose. way that they want. Vietnamese official regarding the The Vietnamese government’s cam- Let us remember that the United crackdown on the church, and about paign of repression against key reli- States was based in part on those peo- religious freedom in Vietnam in gen- gious figures and organizations has ple who came to this land to seek their eral, and he said, of course Vietnam been strongly criticized by the United way of respecting and praising their supports religious freedom, but he States Commission on International Lord. And, in the same way, that is a failed to deny that, in fact, they have Religious Freedom, an organization basic human right for all people of the imprisoned the leadership of the Uni- which we will be soon commending this world. fied Buddhist Church of Vietnam. morning. Our President has designated Despite the growing bilateral and I was informed that if these leaders Vietnam ‘‘as a country of particular economic relations that the United want to practice their faith, they are concern’’ under the International Reli- States has with Vietnam, the Viet- more than welcome to do so as mem- gious Freedom Act. namese government has continued to bers of the State-authorized Buddhist Mr. Speaker, this resolution urges blatantly disregard religious freedom Church. Having the option of joining the government of Vietnam to respect in Vietnam. It is a basic right guaran- only one State-sponsored Buddhist

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.012 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11523 Church is a far cry, in my opinion, of As the United States continues to es- We cannot sit idly by as the Viet- religious freedom. And enduring dec- tablish diplomatic and economic rela- namese government continues to op- ades of imprisonment for peacefully tionships with Vietnam, we have to repress its people while hiding behind the practicing one’s faith is not religious member that many of the most basic veil of free trade. As long as the people freedom. Vietnam has a long way to go. issues remain unresolved, including the of Vietnam are oppressed, our govern- So, in closing, I urge my colleagues lack of religious freedom and related ment cannot relax, even if there are to support this resolution. Doing so human rights violations. House Resolu- strategic military interests and a will not only send a strong message to tion 427 sends a clear signal that we strong relationship with Vietnam. Our the Vietnamese government that its will not tolerate these violations. interests must include human rights actions are not going unnoticed, but it Mr. Speaker, I commend the new and now is the time to act. will reinforce the human rights stand- leadership of the Unified Buddhist The whole world is watching and we ards that we expect of Vietnam as we Church of Vietnam, and I urge my col- will not cease until we see improve- move forward in strengthening our bi- leagues to vote in support of this bipar- ments in Vietnam. lateral relationship with them. tisan resolution. Mr. LEACH. Mr. Speaker, I yield 3 Mr. LEACH. Mr. Speaker, first I Mr. LANTOS. Mr. Speaker, I am de- minutes to our distinguished colleague, would like to thank the gentlewoman lighted to yield 2 minutes to the gen- the gentleman from California (Mr. from California for her wonderful lead- tlewoman from California (Ms. ROYCE). ership on this initiative and also that LOFGREN), a distinguished member of Mr. ROYCE. Mr. Speaker, I rise in of her colleague, the gentleman from the California delegation. support as a cosponsor of this legisla- California (Mr. LANTOS). (Ms. LOFGREN asked and was given tion. Of course, the focus here is to Mr. Speaker, I yield 2 minutes to the permission to revise and extend her re- spotlight the Unified Buddhist Church distinguished gentleman from Virginia marks.) of Vietnam and the treatment that it (Mr. TOM DAVIS). Ms. LOFGREN. I look forward to the has been receiving at the hands of the Mr. TOM DAVIS of Virginia. Mr. day, Mr. Speaker, when we no longer government of North Vietnam, that Speaker, let me just say it is a pleasure need to introduce resolutions con- Communist government that now, for to follow my friend and colleague from demning the Vietnamese government over 20 years, for 20 years have been California, and I have enjoyed working for human rights violations. trying to suppress the Buddhist with her on these issues and the leader- Unfortunately, I see no sign of Church, and that church has simply ship she has given to the human rights change in Vietnam. The Vietnamese been fighting to practice their religion issues in Vietnam. government continues to systemati- peacefully. I rise in support of H. Res. 427, a reso- cally violate the human rights of its b 1045 lution to that congratulates the Uni- citizens through political, cultural, and The difficulties commenced in 1981 fied Buddhist Church of Vietnam for its religious oppression. In fact, it seems when the government declared the courageous leadership and calls for re- that things have gotten worse in recent Buddhist Church, and this is the Uni- ligious freedom and related human years, despite our attempts to build fied Buddhist Church of Vietnam, they rights in Vietnam. Normal Trade Relations with Vietnam. declared it illegal. They confiscated Mr. Speaker, Vietnam’s constitution Just last month, the Unified Bud- the temples of the Buddhist Church. protects the rights of religious belief, dhist Church of Vietnam held two They began persecuting the clergy if and the Vietnamese government has peaceful assemblies to discuss church that clergy did not join up with Com- acceded to a number of international affairs and elect new leadership fol- munist organizations, stated-sponsored treaties to protect the right to faith lowing promises of a new era of ‘‘re- Buddhist organizations. and practice. Buddhism has a 2,000 year spect and understanding for religious When I visited Vietnam, I saw first- history in Vietnam, and the Unified freedom’’ by the Vietnamese Prime hand the Communist Party’s harass- Buddhist Church of Vietnam is an im- Minister. In stark contrast to this ment of those Vietnamese citizens who portant part of this tradition. Yet, in promise of ‘‘respect and under- decided to peacefully set forth dis- 1981, the Vietnamese government outstanding,’’ the Vietnamese Security senting political views, dissenting reli- lawed the UBCV, the Unified Buddhist Police intercepted the church leader- gious views. I met with several of them Church of Vietnam, and has since de- ship. After a tense 10-hour standoff, 11 who were under house arrest. In par- tained and harassed many of its clergy monks were arrested and placed under ticular, the Venerable Thich Quang Do members and subjected them to other administrative detention. The Bud- and the Venerable Le Quang Liem. The forms of persecution. dhist Church’s Patriarch, Thich Huyen reason they were under house arrest Earlier this year, the Vietnamese Quang, 86 years old, and his deputy, was simply because they were pro- Prime Minister met with the Venerable Noble Peace Prize nominee Thich testing a rewrite of the holy books, of Thich Huyen Quang, the Supreme Pa- Quang do, 75 years old, are currently the Buddhist holy books, holy works. triarch of the Unified Church of Viet- being held in total isolation. The Communist Party had attempted nam, and assured him that previous ar- According to the U.S. Commission on to slash 80 or 90 percent of those works, rests were mistakes and that the gov- International Religious Freedom, this and instead resubstitute and rewrite a ernment would respect and honor reli- is pretty much the norm in Vietnam. culture that goes back thousands and gious freedom. But despite these prom- They say ‘‘key religious dissidents thousands of years. And, of course, the ises, the Vietnamese government ar- have been imprisoned, and others re- laity and the leadership of the church rested members this past September main in detention or under house ar- took great umbrage at this and simply after they held a meeting to discuss rest.’’ They have reports of 18 Bud- asked that they be allowed to practice church matters and elect new leader- dhists in prison or under house arrest, their religion. ship. and 20 UBCV in detention or reeduca- Well, in June of this year when the The punishment by Vietnamese au- tion camps. Vietnamese government ended the de- thorities of individuals who practice My colleagues and I have repeatedly tention order against Thich Quang Do, their religious faith or exert other sent letters to the Vietnamese govern- we were all quite hopeful. However, our basic human rights are not uncommon ment asking them to release prisoners hopes were quickly dashed when last in Vietnam. In addition to the arrests of conscience and to refrain from var- month the Buddhist Church’s meetings of the Most Venerable Thich Quang Do ious forms of political, religious, and were disrupted and the travel of monks and other members of the UBCV, the cultural oppression. The vast majority was restricted and, again, some were Vietnamese government has impris- of these requests seem to fall on deaf arrested. oned father Nguyen Huu Le, Dr. ears, like our recent letter regarding Today we are here to say as the Nguyen Dan Que, Father Van Ly and the arrest of the 86-year-old Buddhist United States Congress that we are not three of his relatives, and many other leader and his 75-year-old deputy. This satisfied with the state of human individuals for practicing their faiths is unacceptable. rights in Vietnam and that the United and for promoting human rights in So today I rise with my colleagues in States has a strong interest in pro- Vietnam. very strong support of this resolution. moting respect for individual rights

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.015 H19PT1 H11524 CONGRESSIONAL RECORD — HOUSE November 19, 2003 around the world. The U.S. must be a Next week, Mr. Speaker, the Viet- ize that setting the example of the benefits of strong advocate of human rights, par- namese government has the chance to a society that values such liberty is much ticularly when basic freedoms are set the record straight when their ap- more effective than demanding that other being wantonly abused as they are in peal will be heard. They should be re- countries pass the kinds of laws we want them Vietnam. leased. They have to be released along to pass. The unintended consequences of this We must continue to shine a light on with Father Ly. And I think this Con- otherwise well-meaning legislation is that rela- Vietnam. I urge the passage of this res- gress, the House and the Senate, needs tions with the Vietnamese government will olution. I thank the gentleman for to be watching very carefully if our re- likely suffer, making it less likely that Viet- yielding me time. lationship is to progress. We have to nam’s leaders look favorably upon our own Mr. LANTOS. Mr. Speaker, I have no see significant and sustained progress history of religious liberty. further speakers, and I yield back the on these cases and, of course, those Mr. LEACH. Mr. Speaker, I have no balance of my time. with regards to the Unified Buddhist further requests for time, and I yield Mr. LEACH. Mr. Speaker, I yield 4 Church. back the balance of my time. minutes to the gentleman from New Mr. Speaker, this Congress has not The SPEAKER pro tempore (Mr. Jersey (Mr. SMITH). been lax in trying to raise these issues, SHAW). The question is on the motion Mr. SMITH of New Jersey. Mr. as I know my good friend and colleague offered by the gentleman from Iowa Speaker, I thank the gentleman for Mr. LEACH knows because he has (Mr. LEACH) that the House suspend the yielding me time. worked so strongly in this area. ‘‘I of- rules and agree to the resolution, H. Mr. Speaker, I rise in strong support fered The Vietnam Human Rights Act’’ Res. 427, as amended. of H. Res. 427, which recognizes the as an amendment to the State Depart- The question was taken. courageous leadership of the Unified ment bill, which is now pending before The SPEAKER pro tempore. In the Buddhist Church in Vietnam and the House and Senate. Similar legisla- opinion of the Chair, two-thirds of stresses the urgent need for the govern- those present have voted in the affirm- ment of the Republic of Vietnam to re- tion has already passed the House before and hopefully the session, the ative. spect religious freedom and basic Mr. LANTOS. Mr. Speaker, on that I human rights. I thank the gentle- Vietnam Human Rights Act will become law. This legislation sets up a demand the yeas and nays. woman from California (Ms. LORETTA number of criteria that would seek to The yeas and nays were ordered. SANCHEZ) for offering it today. The SPEAKER pro tempore. Pursu- Mr. Speaker, Vietnam’s oppression of move the ball forward with regard to human rights, and in particular, the ant to clause 8 of rule XX and the religious liberty, which is well docu- Chair’s prior announcement, further mented in the State Department Re- area of religious freedom. Again, it is a good resolution that proceedings on this motion will be ports on Human Rights and Religious postponed. Freedom, as well as by credible human has been offered today and it deserves rights organizations, continues to dete- the honest support of this body. f riorate. This is a regime with clear Mr. LEACH. Mr. Speaker, I yield my- HONORING VICTIMS OF CAM- non-ambiguous policies designed to self such time as I may consume. BODIAN GENOCIDE THAT TOOK control and to repress religion. At its Mr. Speaker, I thank the gentleman PLACE FROM APRIL 1975 TO JAN- Seventh plenum in January 2003, the for his profound statement and for his UARY 1979 Communist Party’s Central Committee leadership on so many human rights issues as well as the gentleman from Mr. LEACH. Mr. Speaker, I move to stepped up its persecution of religious suspend the rules and agree to the con- groups issuing a resolution which calls California (Mr. LANTOS). Mr. Speaker, I would only conclude current resolution (H. Con. Res. 83) for the establishment of cells of Com- with the observation that there are honoring the victims of the Cambodian munist party members within each of genocide that took place from April Vietnam’s six approved religions in very important abstract principles at issue here but they are made concrete 1975 to January 1979. order to foil ‘‘hostile forces.’’ The Clerk read as follows: Persecution of Buddhists highlighted by references to individuals which the H. CON. RES. 83 in this resolution has been particularly gentleman from New Jersey (Mr. SMITH) has just done. Individuals mat- Whereas beginning in April 1975 and ending harsh. Many leading clergy of the Uni- in January 1979 at least 1,700,000 to 3,000,000 fied Buddhist Church of Vietnam have ter because it is with the individual that the picture at large can be re- people were deliberately and systematically been imprisoned including the church’s killed in Cambodia in one of the worst Patriarch, the Most Venerable Thich vealed. So we care about the individ- human tragedies of the modern era; Huyen Quang, who is now 85 years old uals in this particular instance as well Whereas in 1975, Pol Pot led the Com- and has been detained for the past 21 as the principle of the freedom of reli- munist guerilla group, the Khmer Rouge, in years. gion. a large-scale insurgency in Cambodia that The government has continually at- Mr. PAUL. Mr. Speaker, I am opposed to resulted in the removal of Cambodians from tempted to control the selection of new this ill-conceived and ill-timed bill. I would like their homes and into labor camps in an at- clergy for the Unified Buddhist Church, to remind my colleagues that according to our tempt to restructure Khmer society; own Constitution, Congress is prohibited from Whereas traditional Khmer culture and so- restricting the travel of and intimi- ciety were systematically destroyed, includ- dating monks attending selection making any law ‘‘respecting the establishment ing the destruction of temples, schools, hos- meetings. We know that other groups of religion or the free exercise thereof.’’ Yet pitals, and other buildings; suffer severe religious persecution as are we not doing that today—albeit in a coun- Whereas families were separated in an at- well, including the Christian try some 10,000 miles away? Why on earth tempt by the Khmer Rouge to prevent family Montagnards in the Central Highlands, are we commending one particular church in formation, many individuals were punished Catholics and members of indigenous Vietnam in the name of ‘‘religious freedom’’? or killed for education, wealth, or sophis- Vietnamese religions. At the risk of being blunt, what business is the tication, and doctors, nurses, clergy, teach- One particular case, Mr. Speaker, Unified Buddhist Church of Vietnam of the ers, business owners, artisans, city dwellers, that has been disturbing, one of many, and even those individuals who wore glasses United States Congress? The answer, of were singled out for execution since they is that of Father Ly, an outspoken course, is that this legislation is of a much were seen as bourgeois or contaminated with critic of the regime who is currently more political than a religious nature: this bill Western influence; serving a 10-year sentence for calling tells the Vietnamese government how it should Whereas the Khmer Rouge maintained con- on the government for the return of enforce its own constitution, commits the trol by mass public torture, executions, and confiscated church properties and re- United States government to promoting reli- dismantling of the social order; spect for religious freedom. Amazingly, gious freedom in Vietnam, and tells the U.S. Whereas men, women, and children were his nephews, Nguyen Vu Viet and embassy staff in Vietnam to ‘‘closely monitor’’ sent to labor camps and forced to do stren- Nguyen Truc Cuong, and his niece, uous farm work and famine and disease be- religious issues in Vietnam. It is an attempt to came epidemic while medicine and medical Nguyen Thi Hoa, recently received meddle in the affairs of Vietnam and force care were non-existent; prison sentences after a sham trial, them to adopt the kinds of laws we think they Whereas after the Khmer Rouge regime after being found guilty of dubious should have. Mr. Speaker, as much as we was overthrown in 1979 thousands of Cam- charges of ‘‘abusing democracy.’’ value our own religious liberty, we must real- bodians fled on foot to refugee camps in

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.019 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11525 Thailand and many refugees were processed others. The killing of so many Cam- lion Cambodian citizens amounting to again in other camps in the Philippines and bodians under the Khmer Rouge in the over 20 percent of Cambodia’s popu- Indonesia; 1970s stands among the worst of those lation had perished. When a number of Whereas from these refugee camps approxi- atrocities. us visited Cambodia not long ago, the mately 145,149 Cambodians made their way In the field of law, there exists the to the United States between 1975 and 1999, vestiges of this brutal onslaught of in- with the majority of Cambodians arriving in precept of a statute of limitations. But nocent men, women and children was the early 1980s; for genocide, mankind’s greatest still profoundly visible. Hundreds of Whereas these Cambodians were subse- crime, such a precept cannot be bound thousands of Cambodians had been quently resettled in communities across the merely by time. There also must be ac- forced to flee their native lands. Many United States; countability. While justice and time were living in squalid refugee camps in Whereas according to United States Bu- are interwoven, the preeminent prin- Thailand and other Southeast Asia na- reau of the Census figures for 2000, there are ciple is justice. To the extent that actions. approximately 206,053 Cambodians currently countability today is inadequate, ac- living in the United States; During the 1980s, some 150,000 Cam- countability tomorrow must follow. bodians were received by our own coun- Whereas despite their tremendous loss, For some, justice for the Cambodian Cambodians and Cambodian-Americans have try as refugees, and they began the shown courage and resiliency; genocide seems a frail prospect, given long process of rebuilding their shat- Whereas the memory of those Cambodians that almost a generation has passed in tered lives. Cambodians who had lost who were killed during the Cambodian geno- that country. Indeed, it does not lie most of their families and been subject cide must never be forgotten and the sur- within our power to construct perfect to forced labor and torture found new vivors of the Cambodian genocide should be justice for that, or any other, genocide. lives here in the United States, and honored; But as time goes on and mortality they began the difficult process of re- Whereas the resettlement of Cambodians places more of the perpetrators beyond reflected the hard work of voluntary agen- building their shattered dreams. our reckoning, the most important ac- Cambodian Americans now number cies through funding by the Federal govern- countability is not necessarily mone- ment, individual citizens, and Federal, over 200,000, Mr. Speaker, and they are State, and local governmental agencies, all tary, penal or retributive. The march making an enormous contribution to working together to assist the new arrivals of time underscores the importance of our Nation’s economy and to the devel- in adjusting to American society; memory. Victims must be remembered opment of our diverse culture. These Whereas Cambodian refugees have done and civilized peoples of the world must new Americans continue to face many much to further successful resettlement in commit themselves to ensuring that the United States, including through mutual challenges rebuilding their lives in the such horrific circumstances are not re- United States even with financial, psy- assistance associations organized by pre- peated within human history. chological and educational assistance viously resettled Southeast Asian refugees It is in this context that this resolu- provided to them. With passage of this to help new refugees through the provision of tion assumes its proper importance. I essential social, psychological, cultural, edu- resolution, we remember the victims of cational, and economic services; and would like to commend the gentlewoman from California (Ms. the Cambodian genocide, not only Whereas while remembering and honoring those who perished in Cambodia’s Kill- MILLENDER-MCDONALD) for her efforts both their traditional culture and their trau- ing Fields, but those who were left to matic past, the new generation of Cambodian in introducing H. Con. Res. 83, which Americans is contributing to American soci- honors the victims of the Cambodian live with the physical and psycho- ety in meaningful ways: Now, therefore, be it genocide, gives voice to our desire for logical scars inflicted by the hands of Resolved by the House of Representatives (the justice, and notes the contributions of the brutal Khmer Rouge. Senate concurring), That Congress— Cambodian Americans to our own soci- b 1100 (1) honors the victims of the genocide in ety. Cambodia that took place beginning in April The courage and resiliency of these To some, this resolution may seem 1975 and ending in January 1979; and survivors is an inspiration to all of us. (2) is committed to pursue justice for the unimportant because it principally We cannot undo the massive devasta- marks an instance of symbolism. I dis- victims of the Cambodian genocide. tion of the horrendous 4 years of Cam- agree and believe that its power derives The SPEAKER pro tempore. Pursu- bodia’s history. By remembering the precisely from its symbolism. This res- ant to the rule, the gentleman from victims of the Cambodian genocide, olution deserves our unanimous sup- Iowa (Mr. LEACH) and the gentleman however, we do our best to prevent port. from California (Mr. LANTOS) each will Mr. Speaker, I reserve the balance of such atrocities from ever happening control 20 minutes. my time. again. The Chair recognizes the gentleman Mr. LANTOS. Mr. Speaker, I yield Mr. Speaker, I strongly support this from Iowa (Mr. LEACH). myself such time as I may consume. important resolution. GENERAL LEAVE Mr. Speaker, I rise in strong support Mr. Speaker, I reserve the balance of Mr. LEACH. Mr. Speaker, I ask unan- of this resolution. Mr. Speaker, first I my time. imous consent that all Members may would like to commend my dear friend Mr. LEACH. Mr. Speaker, I yield 3 have 5 legislative days within which to and wonderful neighbor, the gentle- minutes to the distinguished gen- revise and extend their remarks and in- woman from California (Ms. tleman from California (Mr. ROHR- clude extraneous material on H. Con. MILLENDER-MCDONALD) for introducing ABACHER). Res. 83. this important resolution. The gentle- Mr. ROHRABACHER. Mr. Speaker, I The SPEAKER pro tempore. Is there woman has shown enormous leadership rise in strong support of this resolution objection to the request of the gen- on behalf of Cambodian Americans and and again thank the gentlewoman from tleman from Iowa? her work is greatly appreciated by all California (Ms. MILLENDER-MCDONALD) There was no objection. of us. for proposing it. We share Long Beach, Mr. LEACH. Mr. Speaker, I yield my- The resolution calls attention to one which is the home of a large Cam- self such time as I may consume. of the most horrendous chapters in bodian exiled community. Let me note Mr. Speaker, I rise in support of H. contemporary world history. The Cam- the people who are exiled in Long Con. Res. 83, honoring the victims of bodian genocide which unfolded from Beach and elsewhere in the United the Cambodian genocide. It is difficult April 1975 to January 1979. Mr. Speak- States from Cambodia are there be- to gain a full perspective on historic er, 3 million Cambodians living in cit- cause they fled terror almost beyond events, particularly those that are ies were forced into the countryside in imagination. most inhumane, such as genocide. a brutal and bloody effort to reshape Cambodia was pushed into a regional Tragically, the 20th century, which was Cambodian society. The Khmer Rouge conflict in the 1960s. They did not real- marked by advances in medicine and targeted these city dwellers for execu- ly choose to do so. Sihanouk, their nutrition that raise the prospect of tion, along with anyone else deemed by king, tried to keep that country out of nearly doubling the life span of count- them to be educated, sophisticated or that conflict; and eventually, as I say, less people around the globe, also was just different. they were pushed into it. And who marked by explosions of hatred that By the time the Khmer Rouge was pushed them? Well, the Vietnamese mercilessly ended life for millions of forced from power in 1979, over 1.7 mil- certainly pushed the Cambodians into

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.005 H19PT1 H11526 CONGRESSIONAL RECORD — HOUSE November 19, 2003 it, but so did the United States of aging this piece of legislation; and I in trying to help these refugees find America. While we were looking to- would like to thank my colleague and their way and to help them overcome wards protecting our interests in friend from the area that we both rep- the horrendous experiences that they Southeast Asia, we made the Cam- resent, Long Beach, for joining in this had in their homeland. bodians vulnerable to the type of atroc- morning in presenting this resolution. The Cambodian culture and contribu- ities that cost the lives of millions of Mr. Speaker, I rise today to speak on tions have enriched the American land- Cambodians and left so many people my resolution, House Concurrent Reso- scape. According to U.S. census figures, exiled in the United States and else- lution 83, a bill honoring the victims of there are 176,148 Cambodians currently where throughout the world. the Cambodian genocide. Between living in the United States, including That conflict was something that we April, 1975, and January, 1979, up to 3 almost 100,000 in the City of Long should not forget, and we should not million Cambodians were deliberately Beach. I am proud that the largest forget that during this massacre that and systematically killed in what later Cambodian population in the United followed America’s withdrawal from became known as the Killing Fields. States resides in my district. Vietnam in Cambodia, where millions Many more were tortured, starved, and Despite the tremendous loss of fam- of people were imprisoned and perhaps brainwashed but survived this horrific ily members, homes, and even parts of up to a million and a half murdered, period in history. their heritage, Cambodians have shown that those people were suffering and In 1975, Pol Pot led the communist enormous resiliency. They continue in going through this situation and Amer- guerilla group, the Khmer Rouge, in a their struggle to fully assimilate them- ica ignored all of the pleas. During that large-scale insurgency that resulted in selves into the fabric of our society. time period, we turned our back on the removal of millions of Cambodians Unfortunately, some Cambodian refu- something that we had pushed them from their homes and forced them into gees still suffer severe emotional trau- into; and we held our fingers to our brutal labor camps. Traditional Khmer ma from the cruelties experienced ears and refused to hear the cries of culture and society were systemati- under the Khmer Rouge. An article in agony that was coming from the cally destroyed. Temples, schools, hos- The New York Times this past Sunday slaughter that was taking place there pitals, and other buildings were shat- noted the difficulty and the adjustment in Cambodia. tered. Families were separated in an that Cambodian refugees have had to Pol Pot and his Khmer Rouge, who, I attempt by the Khmer Rouge to pre- make from forced labor to a free soci- might add, were the perfect com- vent family formation. Many were pun- ety. We must continue to help Cam- munists, they were not working people ished or killed for education, wealth or bodian refugees share in the American who just rose up, they were well-edu- sophistication. Doctors, nurses, clergy, Dream. Passage of this measure is a cated people and well educated in teachers, business owners, artisans, start in the pursuit of justice for the Marxism, Leninism and their plans city dwellers and even those who wore victims of the Cambodian genocide. from their Marxist professors in Paris glasses were singled out for execution Mr. Speaker, I urge swift passage of who gave them the ideas of what a per- since they were seen as bourgeois or this resolution paying tribute to the fect society would be like. And, of contaminated with western influence. victims of the Cambodian genocide; course, to create a perfect society they The Khmer Rouge maintained con- and I thank the chairman, the ranking had to slaughter everyone in their soci- trol by mass public torture, executions, member, and all who will partake in ety that was imperfect by their plan. and dismantling the social order. Men, this resolution. Well, we did not do what was right women and children were sent to labor Mr. LANTOS. Mr. Speaker, I am very back in those days. The Cambodians camps and forced to do strenuous farm pleased to yield 21⁄2 minutes to the gen- suffered. Today we recognize that with work. They were starved, with little tleman from Massachusetts (Mr. MEE- this resolution. But we must do more food and contaminated drinking water. HAN). than pass a resolution. We must make Famine and disease became epidemic, Mr. MEEHAN. Mr. Speaker, I thank sure that we are committed to democ- while medicine and medical care were the ranking member for yielding me racy in Cambodia. Let us not turn our nonexistent. this time, and I thank the chairman of backs again or put our hands over our When the Khmer Rouge regime was the committee as well as the gentle- ears when we hear that things are overthrown in 1979, thousands of Cam- woman from California, the author of going wrong in Cambodia. bodians fled on foot to refugee camps this resolution. Hun Sen, who currently controls the on the Thai border. While war contin- Mr. Speaker, I rise to express my government in Cambodia, was himself ued to rage in their homeland, they strong support for House Concurrent a member of the Khmer Rouge, was a waited for up to 12 years to be resettled Resolution 83, a resolution honoring brigade commander; and if there were in a third country such as the United those who were deliberately and sys- people slaughtered, there is no doubt States. From the refugee camps in tematically killed by the Khmer Rouge he was engaged in it. Today, when they Thailand, Vietnam, the Philippines, regime. I want to pay my solemn re- attempt to have free elections and or- and Indonesia, approximately 145,000 spects to those who lost their lives and ganize an opposition party to Hun Cambodians made their way to the to the survivors and their loved ones, Sen’s rule, people get killed. People United States between 1975 and 1999. so many of whom reside in my district disappear. The majority of Cambodians arrived and in Massachusetts and who carry Let us not turn our backs and with in the early 1980s. With the assistance the scars to this day. this resolution declare that we are of the Federal Government, State, The Cambodian genocide was one of committed to democracy and to help- local and voluntary agencies, Cam- the darkest chapters in human history. ing the people of Cambodia. bodians were resettled in communities In April of 1975, Pol Pot led the Khmer Mr. LANTOS. Mr. Speaker, I yield across the country. Mutual assistance Rouge in a brutal insurgency against such time as she may consume to the associations organized by previously the Cambodian government in an effort gentleman from California (Ms. resettled southeast Asian refugees to wipe out traditional Khmer culture MILLENDER-MCDONALD), my good friend helped these newcomers by providing and society. Over the next 4 years, the and distinguished colleague who is the essential social, physiological, cul- Khmer Rouge orchestrated the cal- author of this resolution. tural, educational and economic serv- culated destruction of the Cambodian Ms. MILLENDER-MCDONALD. Mr. ices. people through forced labor, public tor- Speaker, first of all, I want to thank I am grateful for the work that these ture, and death marches. the gentleman from Illinois (Mr. HYDE) organizations have done to help assimi- Following the overthrow of Khmer and the ranking member, the gen- late the many Cambodians that reside Rouge in 1979, hundreds of thousands of tleman from California (Mr. LANTOS), in my district and around this country. Cambodians fled the country on foot to for their great leadership and their sen- The United Cambodian Community, refugee camps. I met and hired one of sitivity in marshaling this piece of leg- the Khmer Parent Association, the those who worked in my Lowell dis- islation to the floor. Family and Good Health Association, trict office. Sarah Kuon would tell me I would like to also thank the gen- and the Cambodian Chamber of Con- of her earliest memories as a child tleman from Iowa (Mr. LEACH) for man- gress all have played an important role walking along a railroad track with

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.026 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11527 rocks and bare feet for miles and miles, current resolution (H. Con. Res. 288) have 5 legislative days within which to trying to get to a refugee camp. honoring Seeds of Peace for its pro- revise and extend their remarks and in- Many of these refugees eventually re- motion of understanding, reconcili- clude extraneous material on the reso- settled in the United States; and I am ation, acceptance, coexistence, and lution under consideration. proud to represent a large and active peace among youth from the Middle The SPEAKER pro tempore. Is there Cambodian community in and around East and other regions of conflict. objection to the request of the gen- the city of Lowell, Massachusetts, my The Clerk read as follows: tleman from Iowa? hometown. H. CON. RES. 288 There was no objection. Cambodian Americans have made in- Whereas Seeds of Peace, founded by John Mr. LEACH. Mr. Speaker, I yield my- valuable contributions to our commu- Wallach in 1993, is a program that brings to- self such time as I may consume. nities through their spirit, leadership, gether young people from regions of conflict Mr. Speaker, I rise in support of H. and strength. I am proud that the City to study and learn about coexistence and Con. Res. 288, honoring Seeds of Peace of Lowell elected the first Cambodian- conflict resolution; for its promotion of understanding, American anywhere in the United Whereas although the original focus of reconciliation, acceptance, coexist- Seeds of Peace was to bring Israeli, Pales- States to public elective office. Rity tinian, Jordanian, and Egyptian youth to- ence, and peace among youth from the Uong was elected to the Lowell City gether, the program has expanded over the Middle East and other regions of con- Council in 1979 in an at-large election. past decade to involve youths from other re- flict. Just 2 weeks ago, he was reelected to gions of conflict, including from Greece, Tur- I commend the gentleman from his third term on the city council. key and divided Cyprus, the Balkans, India, Maine (Mr. ALLEN) and the other co- This resolution represents a small Pakistan, and Afghanistan; sponsors of this resolution. Seeds of but important step in honoring the vic- Whereas these young people study and Peace is a courageous organization tims, their survivors, and their de- learn primarily at a summer camp operated that prepares youth from conflict-rid- by Seeds of Peace in Otisfield, Maine, and den areas and trains them to be leaders scendants by making public and vivid also through its regional programs such as the hidden details of the Cambodian the Jerusalem Center for Coexistence; of tomorrow. Seeds of Peace was found- genocide. This resolution should re- Whereas Seeds of Peace works to dispel ed in late 1993 by the late John Wal- mind the world not only of the horrors fear, mistrust, and prejudice, which are root lach, an award-winning author and perpetrated by the Khmer Rouge but of causes of violence and conflict, and to build journalist in order to bring together the horrors of genocide in Europe, Afri- a new generation of leaders who are com- Arab and Israeli youth as a way for ca, and around the world. mitted to achieving peace; them to learn conflict resolution skills I am honored to add my voice to Whereas Seeds of Peace reveals the human necessary for making peace. While the those of my colleagues today in re- face of those whom youth have been taught primary focus is on the Middle East, to hate, by engaging campers in both guided membering the victims of the Cam- coexistence sessions and ordinary summer participants also come from the Bal- bodian genocide, and I will continue to camp activities such as living together in kans, South Asia, and Cyprus. pursue justice for its victims. We will cabins, sharing meals, canoeing, swimming, Since 1993, over 2,000 teens from 22 never forget what happened or turn our playing sports, and creative exploration nations have graduated from Seeds of backs on the truth. through the arts and computers; Peace. Every year hundreds of Arab Mr. LANTOS. Mr. Speaker, I have no Whereas the Arab-Israeli conflict is cur- and Israeli teenagers are brought to- further requests for time, and I yield rently at a critical juncture, and sustained gether and learn to recognize the hu- back the balance of my time. progress towards peace depends on the emer- manity within each other. Seeds of Mr. LEACH. Mr. Speaker, I yield my- gence of a new generation of leaders who will choose dialogue, friendship, and openness Peace makes it possible for people who self such time as I may consume to over violence and hatred; are blinded by hatred and prejudice to conclude with great thanks to the gen- Whereas Seeds of Peace provides year- see the value in coexistence and mu- tlewoman from California (Ms. round opportunities for former participants tual understanding. Seeds of Peace pro- MILLENDER-MCDONALD) for her gen- to build on the relationships they have grams expose young people to critical tility and her civil leadership of this forged at camp, so that the learning proc- thinking, respect for the rule of law, very important international human esses begun at camp can continue back in human rights, participatory decision- rights issue. the participants’ home countries, where they making, nonviolent dispute resolution, Mr. Speaker, I have no further re- are most needed; Whereas Seeds of Peace is strongly sup- and a free press. quests for time, and I yield back the ported by participating governments and The invaluable lessons learned and balance of my time. many world leaders; lasting friendships made through Seeds The SPEAKER pro tempore (Mr. Whereas previous Federal funding for of Peace programs provide hope that SHAW). The question is on the motion Seeds of Peace demonstrates its recognized respect and tolerance can prevail in offered by the gentleman from Iowa importance in promoting United States for- communities where hate and ignorance (Mr. LEACH) that the House suspend the eign policy goals; and have tragically hallmarked social rules and agree to the concurrent reso- Whereas it is especially important to reaf- interactions. lution, H. Con. Res. 83. firm that youth must be involved in long- For participants, Seeds of Peace The question was taken. term, visionary solutions to conflicts perpetuated by cycles of violence: Now, therefore, takes the war out of the streets and The SPEAKER pro tempore. In the be it puts some of the most difficult issues opinion of the Chair, two-thirds of Resolved by the House of Representatives (the on the table in an environment free those present have voted in the affirm- Senate concurring), That Congress— from violence. In a period of self-reflec- ative. (1) honors the accomplishments of Seeds of tion, teens are challenged to deal with Mr. LANTOS. Mr. Speaker, on that I Peace for promoting understanding, rec- complicated and emotional issues. demand the yeas and nays. onciliation, acceptance, coexistence, and They are given a candle of hope to take peace among youth from the Middle East and The yeas and nays were ordered. back to their home societies, and are The SPEAKER pro tempore. Pursu- other regions of conflict around the world; and prayerfully provided the determination ant to clause 8 of rule XX and the (2) offers Seeds of Peace as a model of hope and will to participate in civil society Chair’s prior announcement, further that living together in peace and security is discussions and initiatives that can proceedings on this motion will be possible. lead to a more civil region and world. postponed. The SPEAKER pro tempore (Mr. Negotiations and treaties are the re- f SHAW). Pursuant to the rule, the gen- sponsibilities of governments. Peace, b 1115 tleman from Iowa (Mr. LEACH) and the on the other hand, is made by people. gentleman from California (Mr. LAN- In this context, Seeds of Peace are HONORING SEEDS OF PEACE FOR TOS) each will control 20 minutes. seeds of hope. I strongly urge the pas- ITS PROMOTION OF UNDER- The Chair recognizes the gentleman sage of this resolution. STANDING AMONG YOUTH FROM from Iowa (Mr. LEACH). Mr. Speaker, I reserve the balance of REGIONS OF CONFLICT GENERAL LEAVE my time. Mr. LEACH. Mr. Speaker, I move to Mr. LEACH. Mr. Speaker, I ask unan- Mr. LANTOS. Mr. Speaker, I yield suspend the rules and agree to the con- imous consent that all Members may myself such time as I may consume.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.028 H19PT1 H11528 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Mr. Speaker, I rise in strong support Mr. ALLEN. Mr. Speaker, I thank has been vital to the continuation of of this resolution. First, I want to pay the gentleman for yielding me this this particular undertaking. tribute to my distinguished colleague, time. Mr. Speaker, I urge support for the the gentleman from Maine (Mr. I rise in support of H. Con. Res. 288, resolution. ALLEN), for introducing this resolution. and I want to thank the gentleman Mr. LEACH. Mr. Speaker, I yield my- This resolution brings about the real- from Illinois (Chairman HYDE), the self such time as I may consume. ization of an important dream. It hon- ranking member, the gentleman from Mr. Speaker, I would conclude by ors the organization Seeds of Peace for California (Mr. LANTOS), and the gen- thanking the gentleman from Maine promoting understanding and coexist- tleman from Iowa (Mr. LEACH) for help- (Mr. ALLEN) who has so thoughtfully ence among young people from the ing bring this resolution to the floor. brought this resolution before us. Con- Middle East and other areas of conflict Treaties are negotiated by govern- gress is in the gentleman’s debt. all around the globe. It praises Seeds of ments; peace is made by people. Seeds Mr. LANTOS. Mr. Speaker, I yield 2 Peace for demonstrating that Israelis of Peace is grounded in this truth. minutes to the gentlewoman from Cali- and Palestinians, Greek Cypriots and Seeds of Peace, founded by the award- fornia (Mrs. CAPPS). Turkish Cypriots, Serbs and Bosnians winning author and journalist John Mrs. CAPPS. Mr. Speaker, I thank and others can live together in peace Wallach in 1993 is a program which the gentleman for yielding me this and prosperity. brings together young people from re- time. Seeds of Peace reflects the vision of gions of conflict to study and learn Mr. Speaker, I rise in strong support my late friend, John Wallach, who about coexistence and conflict resolu- of this important resolution honoring founded this organization 10 years ago. tion. Seeds of Peace. I thank the gentleman John believed that real peace is made The program initially focused on from Maine (Mr. ALLEN) for authoring by people as much as by treaties, and Israeli, Palestinian, Jordanian and this resolution. he believed that peacemaking starts Egyptian youth, but has expanded over In describing the Day of Redemption, with the attitudes developed in youth. the past decades to involve youth from the Prophet Isaiah tells us ‘‘a little More than 2,000 young people from Greece, Turkey and divided Cyprus, the child shall lead them.’’ During the past nearly two dozen nations in areas of Balkans, India, Pakistan, Afghanistan, 3 years of violence and bloodshed, it is conflict have participated in Seeds of clear that the leaders of Israel and the Peace programs mainly at the Seeds of and other countries. H. Con. Res. 288 honors the accom- Palestinian Authority have failed their Peace summer camp in Otisfield, plishments of Seeds of Peace, and of- people. The beauty and wisdom of the Maine. Here they encounter, work Seeds of Peace program is to instill with, play with, and argue with each fers the program as a model of hope within Israeli and Arab children a other, and far more often than not be- that living together in peace and secu- friend their counterparts from the rity is possible. I want to thank my sense of understanding, reconciliation, other side of their national conflict. colleagues, the gentleman from Michi- and acceptance so that some day these Seeds of Peace works to dispel the gan (Mr. KNOLLENBERG), the gentleman future leaders can bring peace to their mistrust and prejudice that are among from Maine (Mr. MICHAUD), the gen- embattled peoples. the root causes of violence and to build tleman from Ohio (Mr. CHABOT), and 46 Mr. Speaker, my office is well ac- a generation of leaders committed to other Members who have cosponsored quainted with Seeds of Peace through achieving peace. the resolution. its relationship with one of its most il- Of course, Mr. Speaker, Seeds of At the summer camp in Otisfield, lustrious graduates, a young man Peace does not guarantee peace, and it Maine, and at the Jerusalem Center for named Fadi El Salameen. The oldest of is certainly not an alternative to pa- Coexistence, the young people of Seeds nine children from a Palestinian fam- tiently negotiated peace treaties of Peace come face to face with those ily in Hebron, Fadi has overcome in- among governments. It does, however, whom they have been taught to hate credible hardships in his life and is cur- ensure that there will be a growing and mistrust. An Egyptian wrote to his rently studying at Earlham College in core of high-quality people on both peers following this past summer at Indiana. He tells us that he owes his sides of the Israeli-Arab divide, and camp, ‘‘This camp changed things in success, self-confidence, and his opti- other conflicts as well, who will view my character, in my thoughts, and in mism for peace in the Middle East to one another as flesh and blood human my whole life. I really loved the people his experiences in the woods of Maine beings and not as dehumanized en- there without looking to where they with Seeds of Peace. emies. The mutual understanding fos- are from or what is their religion. This Finally, Mr. Speaker, I would like to tered by Seeds of Peace reinforces ne- is really the beginning of the road.’’ think after months of such terrible gotiations in good times and helps buff- Recently, two new grassroots initia- news, perhaps the seeds of peace are fi- er conflicts in bad times. tives for peace in the Israeli-Pales- nally growing roots in the region. After For that reason, Seeds of Peace de- tinian conflict have emerged. These ef- so many acts of Palestinian terrorism serves our respect, our appreciation, forts present much hope. Sustained and Israeli reprisals, after the deaths of and our commendation as a successful progress, however, ultimately depends dozens of innocent people on both venture in people-to-people peace- on a new generation of leaders. Youth sides, we are seeing some hopeful signs. making. It serves as a model for what must be involved in long-term vision- In particular, I think the upcoming a world which is violence-free could be ary solutions to conflicts perpetuated signing of the Geneva Accord and the in the future. by cycles of violence. continued strength of a grass roots I urge all of my colleagues to support Participating governments and world peace petition called the People’s H. Con. Res. 288. leaders strongly support Seeds of Voice hold out hope that a comprehen- Mr. Speaker, I reserve the balance of Peace. Previous Federal funding for the sive political settlement of the conflict my time. Mr. LEACH. Mr. Speaker, I yield 5 program demonstrates its importance is not an impossible dream. minutes to the gentlewoman from in promoting United States foreign pol- And if Israeli and Arab children are Florida (Ms. ROS-LEHTINEN), distin- icy goals. willing to live together in Maine each guished chair of the Subcommittee on Seeds of Peace is even working with summer to participate in Seeds of the Middle East and Central Asia. youngsters in Maine where a large in- Peace, we owe it to them to continue Ms. ROS-LEHTINEN. Mr. Speaker, I flux of refugees and immigrants has working as hard as we can to bring appreciate the gentleman yielding me contributed to an increase in racial and peace and security to their homelands. this time. ethnic tension. As we honor Seeds of I support this resolution. Mr. Speaker, I want to say to all Peace today, we should remember that Mr. LANTOS. Mr. Speaker, I yield 2 Members, this is a very important ini- it offers priceless lessons to our com- minutes to the gentlewoman from tiative, a very important bill; and I munities at home, as well as nations Texas (Ms. EDDIE BERNICE JOHNSON). urge its passage. abroad. I have visited the Seeds of Ms. EDDIE BERNICE JOHNSON of Mr. LANTOS. Mr. Speaker, I yield Peace camp up in Otisfield; it is a mov- Texas. Mr. Speaker, I am delighted to such time as he may consume to the ing and inspirational experience, and be able to make a statement on this gentleman from Maine (Mr. ALLEN). congressional support over the years group because the program of Seeds of

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.040 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11529 Peace since 1993 has really made a dif- it goes to the heart of our goal to bring peace H. RES. 393 ference in communication, most espe- and prosperity to the world because it goes to Whereas the women of Afghanistan suf- cially with young people. They have the hearts of children to show them that vio- fered horrible tragedies under the Taliban brought together people like Indians lence is not the answer. regime; and Pakistanis and Israelis and Arabs, I thank my good friend and fellow represent- Whereas the Afghan people have rejected the Taliban and are in the process of build- as well as teenagers from Cyprus, Af- ative from Maine for introducing this legislation ing a free and democratic republic and re- ghanistan and the U.S. to understand and I urge my colleagues to support it. pairing the damage inflicted upon Afghan so- that peace really is possible. They have Mrs. MALONEY. Mr. Speaker, I rise today in ciety by the Taliban; helped young people from all conflict support of H. Con. Res. 288 which honors the Whereas those efforts have improved the areas see each other as human beings, Seeds of Peace Program for its efforts to pro- daily lives of Afghan women, children, and not as the enemy. They have helped mote understanding and peace among young refugees; them to break down the barriers of ha- people from areas of conflict. Whereas more Afghan girls are attending John Wallach, a constituent of mine and a school than ever before in the history of Af- tred and distrust. ghanistan and, in addition, many millions b 1130 true visionary, founded the program in 1993 to more adult women are either returning to bring youths together from around the world to school to make up for the time they were not In March of 2003, two Seeds of Peace break down barriers and learn more about allowed to attend school during the Taliban students joined me in a peace dialogue each other. regime or taking vocational training classes that I had here at the Capitol. The The organization plays a vital role in pro- to prepare for the job market; Israeli student said when she joined moting many of our foreign policy goals and Whereas women in Afghanistan now are Seeds of Peace, she felt she was doing has been recognized by American leaders for able to work outside the home and hold positions in all levels of government and in pri- something significant. The change was its outstanding work. not aimed to change the world right vate sector organizations, as they did before By instilling understanding and open-mind- the Taliban regime; away. It started out small, giving her edness in the world’s children, we can help to Whereas the reconstruction of Afghanistan an opportunity to change her own per- put an end to long-standing conflicts and bring and the writing of the Afghanistan Constitu- sonal world. It gave her the oppor- hope to these regions. tion provide a unique opportunity to con- tunity to talk about the other side in Seeds of Peace is a wonderful program that tinue this success and to affirm women’s terms of friends instead of saying I hope will continue to produce more thought- human rights under the law; ‘‘those Palestinians.’’ ful, understanding leaders of the future. Whereas, in order for women to fully participate in Afghan society, they must have The Palestinian student said she first At a time when there is so much hate in the participated in a Seeds of Peace camp the right to vote, the right to run for office, world, the Seeds of Peace participants are an equality of opportunity, and access to health in 1999. She said 4 years have passed inspiration, and I admire their courage and de- care, education, and employment; since then and she cannot recognize termination. Whereas women’s human rights must be the person she was before. She also said I join my colleagues in paying tribute to this guaranteed in the Afghanistan Constitution; that at Seeds of Peace, you get to open great organization and its founder John and up, actually listen to each other, listen Wallach. Whereas the United States, through its to different views and points of view Mr. LANTOS. Mr. Speaker, I have no diplomatic activities, is actively involved in and not toward just rebutting their ar- encouraging the full inclusion and participa- further requests for time, and I yield tion of Afghan women in the political and gument, but to understand and eventu- back the balance of my time. economic life of their country, and must con- ally find respect for the argument. Mr. LEACH. Mr. Speaker, I have no tinue to do so throughout the reconstruction We must voice our support for grass- further requests for time, and I yield process: Now, therefore, be it roots institutions that are mobilizing back the balance of my time. Resolved, That the House of Representa- for peace. It might start small, but The SPEAKER pro tempore (Mr. tives— (1) commends the participation of Afghan when young people in this number SHAW). The question is on the motion begin to speak about peace and trying women in Afghanistan’s government and offered by the gentleman from Iowa civil society; to understand each other around the (Mr. LEACH) that the House suspend the (2) proclaims its ongoing commitment to world, we will see the impact in the fu- rules and agree to the concurrent reso- encouraging the full inclusion of women, and ture. Institutions like Seeds of Peace lution, H. Con. Res. 288. indeed all members of Afghan society, in the can be instrumental in changing this The question was taken. political and economic life of their country; world. They have helped the world to The SPEAKER pro tempore. In the and remember one thing, that peace begins opinion of the Chair, two-thirds of (3) advocates the protection of the human with each of us. those present have voted in the affirm- rights of all Afghans, particularly women, in the Afghanistan Constitution. Mr. MICHAUD. Mr. Speaker, as a proud ative. original cosponsor of this resolution, I rise in Mr. LANTOS. Mr. Speaker, on that I The SPEAKER pro tempore. Pursu- strong support of House Concurrent Resolu- demand the yeas and nays. ant to the rule, the gentlewoman from tion 288, honoring Seeds of Peace for its pro- The yeas and nays were ordered. Florida (Ms. ROS-LEHTINEN) and the motion of understanding, reconciliation, ac- The SPEAKER pro tempore. Pursu- gentleman from California (Mr. LAN- ceptance, coexistence, and peace among ant to clause 8 of rule XX and the TOS) each will control 20 minutes. The Chair recognizes the gentle- youth from the Middle East and other regions Chair’s prior announcement, further woman from Florida (Ms. ROS- of conflict. proceedings on this motion will be LEHTINEN). Since 1993, Seeds of Peace has brought postponed. children from war torn areas to the Seeds of GENERAL LEAVE f Ms. ROS-LEHTINEN. Mr. Speaker, I Peace International Camp in my district in ask unanimous consent that all Mem- Maine. COMMENDING AFGHAN WOMEN bers may have 5 legislative days to re- It is a source of great pride to have such a FOR THEIR PARTICIPATION IN vise and extend their remarks and in- noble mission based in my state. AFGHAN GOVERNMENT AND clude extraneous material on the reso- That mission is to sow the seeds of peace CIVIL SOCIETY lution under consideration. in children who have grown up in the horrors Ms. ROS-LEHTINEN. Mr. Speaker, I The SPEAKER pro tempore. Is there of war. move to suspend the rules and agree to objection to the request of the gentle- Seeds of Peace helps teenagers from the the resolution (H. Res. 393) com- woman from Florida? war torn regions of the Middle East, the Bal- mending Afghan women for their par- There was no objection. kans, Cyprus, and South Asia, learn to respect ticipation in Afghan government and Ms. ROS-LEHTINEN. Mr. Speaker, I and understand those they would call their civil society, encouraging the inclusion yield myself such time as I may con- enemy. of Afghan women in the political and sume. In so many of these conflicts building trust economic life of Afghanistan, and advo- In 1996, a heavy shroud was placed on between the youth of the opposing sides is the cating the protection of Afghan wom- the people of Afghanistan when the only hope for ending the cycle of violence. en’s human rights in the Afghanistan Taliban captured Kabul. But the The work performed by Seeds of Peace Constitution, as amended. Taliban’s brutality and blatant dis- goes to the heart of our war on terrorism, and The Clerk read as follows: regard for the lives and the well-being

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.035 H19PT1 H11530 CONGRESSIONAL RECORD — HOUSE November 19, 2003 of the Afghan people was perhaps most women in civil society and underscores time and for her very helpful input on clearly evident among half of its popu- the will of the U.S. House of Represent- this resolution. Her commitment to lation, the women of Afghanistan. atives that the protection of the protecting human rights is well-known, They had been made destitute, sick and human rights of all Afghans, particu- and I am honored to work with her to marginalized. They were banned from larly women, be protected in the con- support the women of Afghanistan. receiving any education past the age of stitution of Afghanistan. Mr. Speaker, I rise today in support 8. They were denied proper medical I ask my colleagues to support this of this very important resolution. I am treatment. Throughout, the strong will measure. honored to sponsor it and I thank the and courage of the Afghan women Mr. Speaker, I reserve the balance of gentlewoman from New York (Mrs. helped them endure these most deplor- my time. able of circumstances. Mr. LANTOS. Mr. Speaker, I yield MALONEY) for introducing it with me. I Today, the Afghan people are free. myself such time as I may consume. also want to thank my neighbor, the Women are enjoying freedoms and op- I rise in strong support of this resolu- gentleman from Illinois (Mr. HYDE) portunities previously denied to them tion. First I would like to thank the along with the gentleman from Cali- under the Taliban. The new Afghan gentlewoman from Illinois (Mrs. fornia (Mr. LANTOS) and the staff on Ministry of Education estimates that BIGGERT), the gentlewoman from New the Committee on International Rela- over 5 million children are in school, York (Mrs. MALONEY) and the gentle- tions for helping to bring this resolu- and 42 percent of these are girls. A woman from Florida (Ms. ROS- tion to the floor. Ministry of Women’s Affairs has been LEHTINEN) for their important con- Frankly, it is no secret that Afghan created for the sole purpose of advo- tribution in bringing this issue to our women had a very, very hard time cating for the rights of women and en- attention. under Taliban rule. Women were fre- suring their access to, and participa- Mr. Speaker, Afghanistan is entering quently beaten, raped, kidnapped and tion in, all sectors of Afghan society. a crucial phase in its efforts to leave killed. They had no access to education The current head of the Human Rights behind the legacy of two decades of or health care. For 5 years, they were Commission is an Afghan woman, Dr. nightmare, civil war, narco-terrorism, told that the only place for them was Sima Simar. Afghan women are play- the Taliban, and the appalling abuse of at home with their husbands or in the ing an active role in the political and women and girls. Over the coming grave. Women were systematically and economic reconstruction of their na- year, the Afghans will be approving a routinely singled out for abuse simply tion, including as members of the com- new constitution and a new Afghan because they were women. In short, mission responsible for the drafting of government hopes to hold free and fair they lived in nightmarish conditions the Afghan Constitution. Their con- elections. These acts will determine that few of us could even imagine. tributions can already be seen in this Afghanistan’s course for decades to draft document. Articles 44, 83 and 84 of come. Two years after the fall of the the Constitution mandate the pro- The role of women and girls in this Taliban, the women of Afghanistan are motion of women’s education and the process remains, unfortunately, un- making tremendous progress in re- elimination of illiteracy while also es- clear. After suffering for so long under claiming their rightful place in soci- tablishing requirements that seek to the brutal Taliban regime, Afghan ety. Women are returning to positions ensure female representation through- women are finally participating in Af- they held in pre-Taliban times, work- out the government. After suffering ghan society, including the political ing as doctors, lawyers, teachers, civil unspeakable oppression, persecution process in that country. But despite servants and in numerous other profes- and violations of their most basic free- progress being made, the threat still sions. Most girls are attending school, doms, the women of Afghanistan, as remains that Afghan women will once which was not true ever before in the the women’s minister recently stated, again become the subject of both dis- history of this country. They are no ‘‘can have our position in the society, crimination and violence. Indeed, Mr. longer forced to wear the burdensome and our people in Afghanistan can be Speaker, girls’ education is coming in- burqa, although many of them do, and under one Constitution.’’ creasingly under attack, with the burn- hopefully they are no longer living in All of these developments, Mr. ing of schools dedicated for that pur- fear of being brutalized simply because Speaker, as the International Crisis pose. And there are disturbing reports they are female. Group has described it, ‘‘heralded a of abuses of women’s rights by local These women have overcome un- new day for women in Afghanistan.’’ warlords in spite of the efforts of the imaginable obstacles and they deserve However, this would not have been pos- Afghan transitional authority to pro- our ongoing support as they work to sible without the support of the inter- tect them. build a new democracy. I have been in- national community and, in particular, Our resolution commends the partici- volved in several meetings here in the the unwavering commitment of our pation of Afghan women in the govern- United States and a video conference United States. One of the many ways ment of Afghanistan and in civil soci- with women leaders in Afghanistan in which we have demonstrated our ety, and it encourages the full inclu- through the U.S.-Afghan Women’s commitment to the full participation sion of women in all sectors of Afghan Council. It is encouraging to see that of women in Afghanistan’s political society, particularly the political, eco- the country is transforming itself into and economic reconstruction has been nomic and educational sectors. As the a democracy and the Afghan women through programs such as the U.S. key decisions on the Afghan Constitu- are participating, working towards Agency for International Development, tion draw near, the United States and elections, and some of these women AID, and its contribution of $2.5 mil- the international community must will be candidates. All of this is good lion for the creation of women’s re- continue to press the Afghan govern- news, but there is still so much more source centers in various provinces ment to allow the full inclusion of that must be accomplished. throughout Afghanistan. women in Afghan society at all levels The resolution before us details the and to provide for the full protection of As part of the rebuilding process, the developments that have taken place women’s human rights in the Constitu- people of Afghanistan are drafting a since the end of the Taliban regime and tion of Afghanistan. constitution that will define the prin- the progress made in improving the I urge all of my colleagues to support ciples of their new democratic govern- daily lives of Afghan women. Further, H. Res. 393. ment. Under the Bonn agreement, the it notes the efforts of the United States Mr. Speaker, I reserve the balance of final draft will be finished in a few in encouraging the full inclusion and my time. short months. As the drafters continue participation of Afghan women in the Ms. ROS-LEHTINEN. Mr. Speaker, I the hard work of crafting that impor- political and economic arena and pro- yield 5 minutes to the gentlewoman tant document, we must continue to claims our ongoing commitment on from Illinois (Mrs. BIGGERT), the spon- encourage the inclusion of women and this front. House Resolution 393 is a sor of the resolution. the protection of their most basic straightforward resolution that com- Mrs. BIGGERT. Mr. Speaker, I thank rights. The creation of a permanent Af- mends the participation of Afghan the gentlewoman for yielding me this ghan government marks an important

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.043 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11531 transition in the history of that coun- years of war. The end of the Taliban re- had an interpreter with us. And there try. It also provides a unique oppor- gime, appointment of women to the we found, I guess, about 100 young Af- tunity to commend the women of Af- cabinet, and the establishment of the ghan children all about 8, 9, 10 years ghanistan for overcoming the monu- Ministry of Women’s Affairs and the old, sitting in this burned-out building mental challenges they have faced and participation of over 200 women dele- where they had piled rocks together to reiterate the U.S. commitment to gates in the June, 2002, Loya Jirga gave and formed little desks, trying to teach protecting the human rights of all. women hope. Yet many women con- each other how to read and to write. This is what the resolution does. tinue to wear the burka out of fear of There was never a symbol of a people The United States has a vested inter- attack from fundamentalist extrem- who were more committed to moving est in promoting a democratic regime ists, and there are extremely dis- ahead and to bringing themselves out in Afghanistan. As President Bush put turbing reports of discrimination and of the ashes of this horrible catas- it, women will be the backbone of a the burning of over 30 girls’ schools. trophe that has befallen their country new Afghanistan. It is critical, there- Earlier this Congress showed their for these last 25 years than these young fore, that women be assured of their support not only in words but with fi- children; and what was most important right to participate in the civic life of nancial support. Our amendment to the is they were not just a bunch of boys. their country. It is encouraging to note fiscal year 2004 emergency supple- There were young boys and young girls that women have been involved in the mental appropriations legislation di- who were there being taught to read drafting of the constitution. However, rected $5 million to the Independent and to write and to improve themselves in order for women to continue partici- Human Rights Commission in Afghani- and thus bring up their country, and it pating in public life, this right must be stan and $60 million in direct funding was one of the most inspiring sights I protected. for the Ministry of Women’s Affairs had seen. I am pleased that the U.S. has taken and Afghan women-led governmental The United States has a special bur- such an active role in aiding the organizations which is necessary to den here in Afghanistan. We turned women of Afghanistan. In the last Con- build permanent institutions to safe- away from the Afghans before, and it gress, we passed and the President guard women’s rights in Afghanistan. led to another era of crises after the signed into law the Afghan Women and For women to advance in Afghani- Soviets left; and let me just note that Children’s Relief Act. This much-need- stan, they must have equal rights I am afraid to offer this to my col- ed legislation provided educational and under the law, they must have the leagues: I think we need to pay more health care assistance for women and right to vote and the right to run for attention to Afghanistan. This resolu- children living in Afghanistan and as office and the equality of opportunity tion is an important step, but we need refugees in neighboring countries. This and access to health care, education, to pay more attention. Things are slid- was an important first step that pro- and employment. These rights will not ing back in the wrong direction if we vided immediate assistance. Now, how- be possible in Afghanistan without do not pay attention. ever, it is time to look beyond the their inclusion in the constitution and And I think we have a message today short term and provide long-term as- without the ability of delegates to the to the people of Afghanistan, and that surance that the women of Afghanistan December Loya Jirga to speak out for is democracy is sometimes slow to will never again be targeted for abuse women’s rights and human rights with- move, but we are committed to helping by their government and forced to live out fear of reprisal. them rebuild their country and to build under such horrific conditions. I deeply thank this Congress and the those institutions that provide for Mr. Speaker, this is an important leadership of this Congress for being human dignity. We respect their reli- and timely resolution. In order to pro- committed to helping the women in Af- gion, we respect their faith, but we also mote true democracy in Afghanistan, ghanistan, for their support of the pas- know that the persecution of women is we must do all we can to encourage the sage of this important resolution, and not required by Islam, that this inclusion of women in the civic life of their earlier support for direct appro- Taliban extremism and Islamic extre- their country. I am honored to support priations to help the women in Afghan- mism that we see in various parts of this resolution, and I encourage my istan. I particularly thank the leader- the world does not reflect the broad colleagues to do so as well. ship of the gentleman from California cross-section of Muslims who would Mr. LANTOS. Mr. Speaker, I am de- (Mr. LANTOS), the gentleman from Illi- grant women their rights and have lit- lighted to yield 4 minutes to the gen- nois (Mr. HYDE), and the gentlewoman tle children who happen to be girls edu- tlewoman from New York (Mrs. from Illinois (Mrs. BIGGERT). cated and treated equally and with due Ms. ROS-LEHTINEN. Mr. Speaker, I MALONEY) who has been an indefati- respect. But today we have to work yield 3 minutes to the distinguished gable fighter for all human rights with the Afghan people to make sure gentleman from California (Mr. ROHR- issues and without whom we would not that the Taliban does not come back, ABACHER), a staunch defender of human be considering this resolution. and that threat still exists. And to the rights worldwide. people of Afghanistan we say today do b 1145 Mr. ROHRABACHER. Mr. Speaker, I not give in to these evil people again. Mrs. MALONEY. Mr. Speaker, I rise in strong support of this resolution The Americans have not left. We will thank the gentleman for yielding me and commend those who were involved not leave until they are secure from this time and acknowledge the tremen- with bringing it to the floor today. dous role that he and the gentleman About 5 months ago, I traveled across the return of the Taliban and al Qaeda and the terrorists that held them in from Illinois (Mr. HYDE) had in the pas- Afghanistan. Just actually my wife and sage of this resolution. I decided to travel by car, and we were bondage. I rise in strong support of this resolu- told that it was rather risky and that Mr. LANTOS. Mr. Speaker, I want to tion which commends Afghan women it was a precarious situation; but we commend my friend from California for and supports their participation in gov- wanted to see exactly what was hap- his powerful statement. ernment and the inclusion of women’s pening on the scene, and I would like Mr. Speaker, I yield 2 minutes to the rights in the Afghan constitution. The to report a little incident that hap- distinguished gentlewoman from Cali- gentlewoman from Illinois (Mrs. pened. fornia (Ms. LOFGREN). BIGGERT), my good friend, and I co-au- As we were traveling between Kabul (Ms. LOFGREN asked and was given thored this resolution to acknowledge and Mazar Sharif, we saw the devasta- permission to revise and extend her re- the struggles that Afghan women have tion throughout the countryside, marks.) faced and to show the support of this burned-out Russian tanks and build- Ms. LOFGREN. Mr. Speaker, I rise Congress for winning the battles that ings that had been destroyed. We no- today to support this resolution, but I remain. ticed some young people, hundreds of must note that it is not enough. We Women under the Taliban were de- people, gathered at this old building need to make every effort to assist the nied their basic rights to work, edu- that seemed like a bombed-out relic women of Afghanistan to become full cation, and health care; and they suf- from World War II; and we had our and participating members of society fered greatly over the course of 23 driver stop, and we walked over and we as so many women there wish.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.045 H19PT1 H11532 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Inside the Beltway it may seem that prised of 65 nonprofit, nongovernmental to help our women, even if the government we are doing enough, but we have con- groups designed to support, train and employ can’t or won’t’’ she said. ‘‘Of this, I am continually appropriated money to help women. fident.’’. Afghan women and children, 5 million Born in Kabul, the 49-year-old mother of Ms. ROS-LEHTINEN. Mr. Speaker, I two daughters and three sons oversees the yield 4 minutes to the gentleman from in 2003, 25 million in 2004, 60 million in agency’s headquarters in Peshawar, Paki- the recent supplemental appropriations stan, as well as two offices in Afghanistan. California (Mr. ROYCE), a strong leader bill. But unfortunately the money is The agency has yet to get a working fax main our Committee on International Re- not necessarily getting to the women chine, she said, but has received grants for lations. themselves, and Members of Congress several computers. Mr. ROYCE. Mr. Speaker, I thank the have written to our President about She is meeting with native Afghans and gentlewoman for yielding me this time. that, but we have not actually made women’s rights advocates as part of a pro- Mr. Speaker, I support this bill com- the difference that we would want. gram developed by the San Francisco-based mending the participation of Afghan Last week when I returned to my dis- Women’s Intercultural Network (WIN), women in that society. But let me which strives to create a network of women’s trict, I met an Afghan women’s advo- organizations around the world for ‘‘collec- share with the Members that I had an cate, Afifa Azim, who was full of hope tive action on mutual concerns.’’ opportunity to travel in Afghanistan, but has been let down by this adminis- ‘‘A lot of people are going into Afghanistan and there is a small orphanage that I tration. She had come all the way to now doing refugee work, doing work on hous- have supported. I have been a board America to search for support from pri- ing, food and infrastructure, but nobody’s member for a number of years on this vate organizations in California. Imag- really working directly with the women to particular board for this school that ine, she had to travel here to find pri- build the capacity of their organizations,’’ attempts to teach orphans in Afghani- vate help when we have appropriated said Marilyn Fowler, president and chief ex- stan. And I wanted to see about the millions of dollars for women’s pro- ecutive officer of the network. ‘‘It’s not just about money, but also the training and tech- work that they were conducting. So grams and the President has told us he nology that is so badly needed.’’ when I was there, I actually had an op- is committed to administering the Azim is one of nine women on a committee portunity to talk not only to the stu- money in the best possible way. Other participating in the drafting of Afghani- dents, several of whom spoke English, Afghan women advocates are telling stan’s new constitution, which will be impor- but also with the teachers. me the same. tant to legally protect women’s rights, she One of the teachers showed me, by The problem is not that the women said. the way, the scars on his legs and arms. of Afghanistan are not full of hope, nor It is a more daunting task than it may seem, said Rona Popal, executive director of He was caught by the former regime. is the problem with Congress who has He was not teaching jihad. He was appropriated funds. The problem is the Fremont-based Afghan Women Associa- tion International, who recently returned teaching mathematics. He was teach- that the administration has not form a trip to Kabul. ing science. And that was considered tracked the resources to make sure ‘‘For example, the Ministry of Women’s Af- verboten. That was forbidden by that that they get to the Afghan women fairs is one of the poorest ministries (in the government. And as a consequence, he who need these funds; and I would like Afghan government). Many programs have was tortured for that. But the school to read from the San Francisco Chron- been closed, and a lot of women have had to continued its work clandestinely, and icle a story about Ms. Azim. She said, be laid off,’’ she said. ‘‘What’s most unfortunate is that in the beginning, the inter- today that work continues. And I asked ‘‘What’s most unfortunate is that in the young students there what they in- the beginning, the international com- national community was promising to first help the women, but that had not happened. tended to be when they grew up, and we munity was promising to first help the For almost two years they were promising to got different answers from different women, but that has not happened. For open women’s centers in different provinces, students. But one young woman stood almost 2 years, they were promising to but it hasn’t happened—all because of a lack up and she said, ‘‘When I grow up, I open women’s centers in different prov- of resources, not desire.’’ want to go to the University of Kabul inces, but it hasn’t happened, all be- If anyone is up to the challenge of fighting because I am going to be a physician.’’ for the emerging women’s rights movement cause of a lack of resources, not de- And I asked her, ‘‘Why do you want sire.’’ in Afghanistan, it is Azim, said Irene Lu, a senior at Standford University who spent six to become a doctor?’’ If the President is serious about win- She said, ‘‘I want to become a doctor ning the war on terror, he must not months this year working for the Afghan Women’s Network in Kabul. because I want to help my people.’’ forget that a great key to our success ‘‘It’s amazing how much she really loves We forget that two thirds of the phy- lies in the women of Afghanistan. I her country. She works day and night think- sicians in Afghanistan before the support this resolution, but I would be ing of specific projects,’’ Lu said,‘‘She’s often Taliban, two thirds of physicians, were happier if we were actually directing at the office until1 1 or 12 at night, and she women. But, in fact, when that society the President to send the resources even came to the office at 3 a.m. to talk to was hijacked by the Taliban and that necessary to the women of Afghani- me about one of the projects we were work- brutal regime began the process of ex- stan. And I include in the RECORD the ing on.’’ cluding women not only from edu- article from the San Francisco Chron- With Azim, Lu created a national directory of nonprofit women’s groups in and around cation but from the workforce and icle about Ms. Azim’s visit. Afghanistan, surveyed women in refugee from riding a bus or from visiting a [From the San Francisco Chronicle, Nov. 17, camps and created a paid internship program 2003] doctor, we forget just how brutal that for female students at Kabul University. regime was. AFGHAN WOMAN SOLDIER ON BAY AREA VISIT Azim said there are setbacks and times of I have got a great deal of respect for TO RAISE SUPPORT FOR FREEDOMS NOT YET sadness and frustration, but that she relies REALIZED on the strength of other women’s rights ad- what the new government is trying to (By Anastasia Hendrix) vocates for motivation and her family for indo. The new Afghan government has es- Standing just 5 feet tall, even in heels, spiration. tablished a Ministry of Women’s Af- Afifa Azim may appear diminutive but her Her three sons, ages 18, 19, and 20, all vol- fairs dedicated to improving women’s ambition to improve the lives of women in unteer for her organization. Her daughters, rights, but in the meantime the reality Afghanistan is enormous, and she is visiting ages 8 and 22, are constant reminder of her continues, that at the hands of re- the Bay Area to get some help. goals, she said. gional warlords and brigands and reli- ‘‘I want them to have a bright future, to be Though the world’s attention has shifted gious fanatics, women are still beaten to the conflict in Iraq and the repressive able to have a good and happy life,’’ she said. Taliban regime has been chased out of Af- Her husband, Azim, is also supportive of and they are still raped and they are ghanistan, women there have not been able her efforts, it not necessarily her frequent still abducted. to enjoy the freedoms they had decades ago, trips to Kabul, she said. The family fled Af- However, as this is happening, she said. ghanistan in 1985 but plans to move back by women are playing a role in the polit- ‘‘Most of the women outside of Kabul, in new year, she said. ical reconstruction of Afghanistan. the villages, are still oppressed, still wearing Today, Azim is headed back to Pakistan. Seven women are members of the con- She said she will travel and work as much as burkas and still are afraid,’’ she said. ‘‘I am stitutional drafting commission. That saying please be patient and pay attention to necessary to broaden awareness about the Afghanistan. We still desperately need it.’’ struggles still facing Afghan women. is 20 percent of the commission. Under Azim is the director of the Afghan Wom- ‘‘We know that American women are the released draft constitution, Af- en’s Network, an umbrella organization com- strong and have the power to do something ghanistan’s president can nominate

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.048 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11533 women to hold up to 50 percent of the commending Afghan women for their participa- (b) TABLE OF CONTENTS.— seats of the upper house of parliament. tion in the Afghan government. Overcoming a Sec. 1. Short title. For the first time in years, Afghans history of suppression under Taliban rule, the TITLE I—INTEGRITY AND FEE are hearing the voice of women on the women of Afghanistan have worked to TRANSPARENCY air because the broadcasts of Radio strengthen women’s rights in Afghanistan’s Sec. 101. Improved transparency of mutual Free Afghanistan air commentary from new democracy. fund costs. both the women in the Afghan min- Prior to Taliban rule, Afghanistan had a Sec. 102. Obligations regarding certain dis- istries and the men and women that Constitutional democracy that affirmed wom- tribution and soft dollar ar- are interviewed on the streets, in the en’s rights, including the right to vote and rangements. Sec. 103. Mutual fund governance. towns. And it is important to remem- equal pay provisions. However, under control Sec. 104. Audit committee requirements for ber again that before 1978 women were of the Taliban, women were silenced and de- investment companies. very influential in this society. Not nied basic-fundamental rights to healthcare, Sec. 105. Trading restrictions. only were they two-thirds of teachers, education and employment. Today, Afghan Sec. 106. Definition of no-load mutual fund. as I mentioned, but they played a role women have emerged to help build a brighter Sec. 107. Informing directors of significant throughout the society, throughout the and more stable future for Afghanistan. deficiencies. workforce, and they must play a vital Afghan women are more involved than ever Sec. 108. Exemption from in person meeting requirements. role in helping Afghanistan become a in the Afghanistan government. Currently, Sec. 109. Proxy voting disclosure. stable state. there are two women holding high-ranking po- Sec. 110. Incentive compensation and mu- There is so much work to be done, sitions in Afghanistan’s transitional govern- tual fund sales. and there is so much more attention ment. Additionally, on September 5, 2003, the Sec. 111. Commission study and report regu- that we as a Congress, not just the ad- third annual conference of Women for Afghan lating soft dollar arrangements. ministration, but we as a Congress Women (WAW) met in Kandahar to draft an Sec. 112. Study of arbitration claims. need to pay to this problem. Afghan Women’s Bill of Rights to present to TITLE II—PREVENTION OF ABUSIVE But Afghanistan has made tremen- President Hamid Karzai. These rights include MUTUAL FUND PRACTICES dous strides, at least in Kabul, in the mandatory education for all women, protection Sec. 201. Prevention of fraud; internal com- liberation from the Taliban; and we and security from gender abuse, freedom to pliance and control procedures. have to remember that the Taliban is Sec. 202. Ban on joint management of mu- vote and the ability to run for all elections. tual funds and hedge funds. still rooted in parts of that country. Afghanistan is at a crucial transition point Sec. 203. Short term trading by interested And I ask my colleagues to support and it is imperative that the United States con- persons prohibited. this resolution and to continue to focus tinue its support in promoting democracy and Sec. 204. Elimination of stale prices. in their own time and in their own equality for both men and women of Afghani- Sec. 205. Prevention of unfair after-hours ways on ideas of how we can expand stan. I urge all of my fellow Members to vote trading. some measure of progress beyond the with me in support of H. Res. 393 and com- Sec. 206. Report on adequacy of remedial ac- capital into the regional areas of Af- mend the women of Afghanistan for their con- tions. ghanistan. tributions and involvement in the Afghan gov- TITLE I—INTEGRITY AND FEE Mr. LANTOS. Mr. Speaker, I have no ernment. TRANSPARENCY further requests for time, and I yield Ms. ROS-LEHTINEN. Mr. Speaker, I SEC. 101. IMPROVED TRANSPARENCY OF MUTUAL back the balance of my time. have no further requests for time, and FUND COSTS. Ms. ROS-LEHTINEN. Mr. Speaker, I (a) REGULATION REVISION REQUIRED.—With- I yield back the balance of my time. in 270 days after the date of enactment of yield myself such time as I may con- The SPEAKER pro tempore (Mr. this Act, the Securities and Exchange Com- sume. SHAW). The question is on the motion mission shall revise regulations under the I want to thank the gentleman from offered by the gentlewoman from Flor- Securities Act of 1933, the Securities Ex- California (Mr. LANTOS), my good ida (Ms. ROS-LEHTINEN) that the House change Act of 1934, or the Investment Com- friend. It is always a real honor and a suspend the rules and agree to the reso- pany Act of 1940, or any combination thereof, pleasure to work with him. He is a man lution, H. Res. 393, as amended. to require, consistent with the protection of of integrity, great intelligence, and I The question was taken. investors and the public interest, improved consider him one of my mentors. It is The SPEAKER pro tempore. In the disclosure with respect to an open-end management investment company, in the quar- always a pleasure to handle a bill on opinion of the Chair, two-thirds of terly statement or other periodic report to the floor with him. those present have voted in the affirm- shareholders or other appropriate disclosure b 1200 ative. document, of the following: Mr. LANTOS. Mr. Speaker, on that I (1) The estimated amount, in dollars for Mr. Speaker, in closing, I would demand the yeas and nays. each $1,000 of investment in the company, of merely like to underscore the stark The yeas and nays were ordered. the operating expenses of the company that contrast between the Afghanistan that The SPEAKER pro tempore. Pursu- are borne by shareholders. we had under the Taliban and the free ant to clause 8 of rule XX and the (2) The structure of, or method used to de- Afghanistan that today is working to termine, the compensation of individuals Chair’s prior announcement, further employed by the investment adviser of the rebuild from the ruins of over 20 years proceedings on this motion will be of war and oppression. But all is not company to manage the portfolio of the com- postponed. pany, and the ownership interest of such in- perfect, as we heard from many speak- f dividuals in the securities of the company. ers here today. The road ahead will not (3) The portfolio turnover rate of the com- be an easy task, but nothing that is MUTUAL FUNDS INTEGRITY AND pany, set forth in a manner that facilitates worth doing and having usually comes FEE TRANSPARENCY ACT OF 2003 comparison among investment companies, easy. Mr. OXLEY. Mr. Speaker, I move to and a description of the implications of a The Afghan people and especially the suspend the rules and pass the bill high turnover rate for portfolio transaction costs and performance. women of Afghanistan need our sup- (H.R. 2420) to improve transparency report. They need our steadfast commit- (4) Information concerning the company’s lating to the fees and costs that mu- policies and practices with respect to the ment to stay with them, to remain en- tual fund investors incur and to im- payment of commissions for effecting securi- gaged for the long haul. This resolution prove corporate governance of mutual ties transactions to a member of an ex- before us reiterates that commitment, funds, as amended. change, broker, or dealer who— a commitment that was articulated by The Clerk read as follows: (A) furnishes advice, either directly or through publications or writings, as to the President Bush just this morning, and I H.R. 2420 ask my colleagues to support the reso- value of securities, the advisability of in- Be it enacted by the Senate and House of Rep- lution of the gentlewoman from Illi- vesting in, purchasing, or selling securities, resentatives of the United States of America in and the availability of securities or pur- nois (Mrs. BIGGERT) and the gentle- Congress assembled, chasers or sellers of securities; woman from New York (Mrs. SECTION 1. SHORT TITLE. (B) furnishes analyses and reports con- MALONEY). (a) SHORT TITLE.—This Act may be cited as cerning issuers, industries, securities, eco- Mr. LARSON of Connecticut. Mr. Speaker, I the ‘‘Mutual Funds Integrity and Fee Trans- nomic factors and trends, portfolio strategy, rise today in strong support of the resolution parency Act of 2003’’. and the performance of accounts; or

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(C) facilitates the sale and distribution of ‘‘(g) OBLIGATIONS REGARDING CERTAIN DIS- a copy of the written contract between the the company’s shares. TRIBUTION AND SOFT DOLLAR ARRANGE- person preparing such research and the mem- (5) Information concerning payments by MENTS.— ber of an exchange, broker, or dealer; and any person other than the company that are ‘‘(1) REPORTING REQUIREMENTS.—Each in- (2) such contract shall describe the nature intended to facilitate the sale and distribu- vestment adviser to a registered investment and value of the services provided. tion of the company’s shares. company shall, no less frequently than annu- SEC. 103. MUTUAL FUND GOVERNANCE. (6) Information concerning discounts on ally, submit to the board of directors of the (a) DIRECTOR INDEPENDENCE.—Section 10(a) front-end sales loads for which investors may company a report on— of the Investment Company Act of 1940 (15 be eligible, including the minimum purchase ‘‘(A) payments during the reporting period U.S.C. 80a–10) is amended by striking ‘‘60 per amounts required for such discounts. by the adviser (or an affiliated person of the centum’’ and inserting ‘‘one-third’’. (b) APPROPRIATE DISCLOSURE DOCUMENT.— adviser) that were directly or indirectly (b) DEFINITION OF INTERESTED PERSON.— (1) IN GENERAL.—For purposes of subsection made for the purpose of promoting the sale Section 2(a)(19) of the Investment Company (a), a disclosure shall not be considered to be of shares of the investment company (re- Act of 1940 (15 U.S.C. 80a–2(a)(19)) is amend- made in an appropriate disclosure document ferred to in paragraph (2) as a ‘revenue shared— if the disclosure is made exclusively in a pro- ing arrangement’); (1) in subparagraph (A)— spectus or statement of additional informa- ‘‘(B) services to the company provided or (A) by striking clause (vi) and redesig- tion, or both such documents. paid for by a broker or dealer or an affiliated nating clause (vii) as clause (vi); and (2) EXCEPTIONS.—Notwithstanding para- person of the broker or dealer (other than (B) by amending clause (v) to read as fol- graph (1), the disclosures required by para- brokerage and research services) in exchange lows: graph (2) and (4) of subsection (a) may be for the direction of brokerage to the broker ‘‘(v) any natural person who is a member of considered to be made in an appropriate dis- or dealer (referred to in paragraph (2) as a a class of persons who the Commission, by closure document if the disclosure is made ‘directed brokerage arrangement’); and rule or regulation, determines are unlikely exclusively in a prospectus or statement of ‘‘(C) research services obtained by the ad- to exercise an appropriate degree of inde- additional information, or both such docu- viser (or an affiliated person of the adviser) pendence as a result of— ments. during the reporting period from a broker or ‘‘(I) a material business or professional re- (c) CONCEPT RELEASE REQUIRED.— dealer the receipt of which may reasonably lationship with the company or any affili- (1) IN GENERAL.—The Commission shall be attributed to securities transactions ef- ated person of the company, or issue a concept release examining the issue fected on behalf of the company or any other ‘‘(II) a close familial relationship with any of portfolio transaction costs incurred by in- company that is a member of the same group natural person who is an affiliated person of vestment companies, including commission, of investment companies (referred to in spread, opportunity, and market impact paragraph (2) as a ‘soft dollar arrangement’). the company,’’; and (2) in subparagraph (B)— costs, with respect to trading of portfolio se- ‘‘(2) FIDUCIARY DUTY OF BOARD OF DIREC- (A) by striking clause (vi) and redesig- curities and how such costs may be disclosed TORS.—The board of directors of a registered to mutual fund investors in a manner that investment company shall have a fiduciary nating clause (vii) as clause (vi); and will enable investors to compare such costs duty— (B) by amending clause (v) to read as fol- among funds. ‘‘(A) to review the investment adviser’s di- lows: (2) REPORT AND RECOMMENDATIONS RE- rection of the company’s brokerage trans- ‘‘(v) any natural person who is a member of QUIRED.—The Commission shall submit a reactions, including directed brokerage ar- a class of persons who the Commission, by port on the findings from the concept release rangements and soft dollar arrangements, rule or regulation, determines are unlikely required by paragraph (1), as well as legisla- and to determine that the direction of such to exercise an appropriate degree of inde- tive and regulatory recommendations, if brokerage is in the best interests of the pendence as a result of— any, to the Committee on Financial Services shareholders of the company; and ‘‘(I) a material business or professional re- of the House of Representatives and the ‘‘(B) to review any revenue sharing ar- lationship with such investment adviser or Committee on Banking, Housing, and Urban rangements to ensure compliance with this principal underwriter (or affiliated person Affairs of the Senate, no later than 270 days Act and the rules adopted thereunder, and to thereof), or after the date of enactment of this Act. determine that such revenue sharing ar- ‘‘(II) a close familial relationship with a (d) ADDITIONAL REQUIREMENT FOR FEE rangements are in the best interests of the natural person who is such investment ad- STATEMENT.— shareholders of the company. viser or principal underwriter (or affiliated (1) IN GENERAL.—Not later than 270 days ‘‘(3) SUMMARIES OF REPORTS IN ANNUAL RE- person thereof),’’. after the date of enactment of this Act, the PORTS TO SHAREHOLDERS.—In accordance SEC. 104. AUDIT COMMITTEE REQUIREMENTS Commission shall prescribe a rule to require, with regulations prescribed by the Commis- FOR INVESTMENT COMPANIES. with respect to an open-end management in- sion under paragraph (4), annual reports to (a) AMENDMENTS.—Section 32 of the Invest- vestment company, in the quarterly state- shareholders of a registered investment comment Company Act of 1940 (15 U.S.C. 80a–31) ment or other periodic report, or other ap- pany shall include a summary of the most is amended— propriate disclosure document, a statement recent report submitted to the board of di- (1) in subsection (a)— informing shareholders that such share- rectors under paragraph (1). (A) by striking paragraphs (1) and (2) and holders have paid fees on their investments, ‘‘(4) REGULATIONS.—The Commission shall inserting the following: that such fees have been deducted from the adopt rules and regulations implementing ‘‘(1) such accountant shall have been se- amounts shown on the statements, and this section, which rules and regulations lected at a meeting held within 30 days be- where such shareholders may find additional shall, among other things, prescribe the con- fore or after the beginning of the fiscal year information regarding the amount of these tent of the required reports. or before the annual meeting of stockholders fees. ‘‘(5) DEFINITION.—For purposes of this sub- in that year by the vote, cast in person, of a (2) APPROPRIATE DISCLOSURE DOCUMENT.— section— majority of the members of the audit com- The statement required by paragraph (1) ‘‘(A) the term ‘brokerage and research mittee of such registered company; shall not be considered to be made in an ap- services’ has the same meaning as in section ‘‘(2) such selection shall have been sub- propriate disclosure document unless such mitted for ratification or rejection at the statement is— 28(e)(3) of the Securities Exchange Act of 1934; and next succeeding annual meeting of stock- (A) made in each periodic statement to a holders if such meeting be held, except that shareholder that discloses the value of the ‘‘(B) the term ‘research services’ means the services described in subparagraphs (A) and any vacancy occurring between annual meet- holdings of the shareholder in the securities ings, due to the death or resignation of the of the company; and (B) of such section.’’. (b) CONTRACTUAL RECORDS.—Within 270 accountant, may be filled by the vote of a (B) prominently displayed, in a location in days after the date of enactment of this Act, majority of the members of the audit com- close proximity to the statement of the the Securities and Exchange Commission mittee of such registered company, cast in shares account value. shall, by rule prescribed pursuant to section person at a meeting called for the purpose of (e) REDUCING BURDENS ON SMALL FUNDS.— In prescribing rules under this section, the 28(e) of the Securities Exchange Act of 1934 voting on such action;’’; and Commission shall give consideration to (15 U.S.C. 78bb(e)), require that— (B) by adding at the end the following new methods for reducing for small investment (1) if any research services (as such term is sentence: ‘‘The Commission, by rule, regula- companies the burdens of making the disclo- defined in section 15(g)(5)(B) of the Invest- tion, or order, may exempt a registered man- sures required by such rules, consistent with ment Company Act of 1940, as amended by agement company or registered face-amount the public interest and the protection of in- subsection (a) of this section)— certificate company subject to this sub- vestors. (A) are provided by a member of an ex- section from the requirement in paragraph SEC. 102. OBLIGATIONS REGARDING CERTAIN change, broker, or dealer who effects securi- (1) that the votes by the members of the DISTRIBUTION AND SOFT DOLLAR ties transactions in an account, and audit committee be cast at a meeting in per- ARRANGEMENTS. (B) are prepared or provided by a party son when such a requirement is impracti- (a) REPORTING REQUIREMENT.—Section 15 of that is unaffiliated with such member, cable, subject to such conditions as the Com- the Investment Company Act of 1940 (15 broker, or dealer, mission may require.’’; and U.S.C. 80a–15) is amended by adding at the any person exercising investment discretion (2) by adding at the end the following new end the following new subsection: with respect to such account shall maintain subsection:

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‘‘(d) AUDIT COMMITTEE REQUIREMENTS.— the entire board of directors of the comment company identifies significant defi- ‘‘(1) REQUIREMENTS AS PREREQUISITE TO FIL- pany.’’. ciencies in the operations of such company, ING FINANCIAL STATEMENTS.—Any registered (b) CONFORMING AMENDMENT.—Section or of its investment adviser or principal un- management company or registered face- 10A(m) of the Securities Exchange Act of derwriter, the company shall provide such amount certificate company that files with 1934 is amended by adding at the end the fol- report to the directors of such company.’’. the Commission any financial statement lowing new paragraph: SEC. 108. EXEMPTION FROM IN PERSON MEETING signed or certified by an independent public ‘‘(7) EXEMPTION FOR INVESTMENT COMPA- REQUIREMENTS. accountant shall comply with the require- NIES.—Effective one year after the date of Section 15(c) of the of the Investment Com- ments of paragraphs (2) through (6) of this enactment of the Mutual Funds Integrity pany Act of 1940 (15 U.S.C. 80a–15(c)) is subsection and any rule or regulation of the and Fee Transparency Act of 2003, for pur- amended by adding at the end the following Commission issued thereunder. poses of this subsection, the term ‘issuer’ new sentence: ‘‘The Commission, by rule, ‘‘(2) RESPONSIBILITY RELATING TO INDE- shall not include any investment company regulation, or order, may exempt a reg- PENDENT PUBLIC ACCOUNTANTS.—The audit that is registered under section 8 of the In- istered investment company subject to this committee of the registered company, in its vestment Company Act of 1940.’’. subsection from the requirement that the capacity as a committee of the board of di- (c) IMPLEMENTATION.—Not later than 180 votes of its directors be cast at a meeting in rectors, shall be directly responsible for the days after the date of enactment of this Act, person when such a requirement is impracti- appointment, compensation, and oversight of the Securities and Exchange Commission cable, subject to such conditions as the Com- the work of any independent public account- shall issue final regulations to carry out sec- mission may require.’’. tion 32(d) of the Investment Company Act of ant employed by such registered company SEC. 109. PROXY VOTING DISCLOSURE. (including resolution of disagreements be- 1940, as added by subsection (a) of this sec- Section 30 of the Investment Company Act tween management and the auditor regard- tion. of 1940 (15 U.S.C. 80a–29) is amended by adding financial reporting) for the purpose of SEC. 105. TRADING RESTRICTIONS. ing at the end the following new subsection: preparing or issuing the audit report or re- Subsection (e) of section 22 of the Invest- lated work, and each such independent pub- ment Company Act of 1940 (15 U.S.C. 80a– ‘‘(k) PROXY VOTING DISCLOSURE.—Every lic accountant shall report directly to the 22(e)) is amended to read as follows: registered management investment company, other than a small business invest- audit committee. ‘‘(e) TRADING RESTRICTIONS.— ment company, shall file with the Commis- ‘‘(3) INDEPENDENCE.— ‘‘(1) PROHIBITION AND EXCEPTIONS.—No reg- sion not later than August 31 of each year an ‘‘(A) IN GENERAL.—Each member of the istered investment company shall suspend audit committee of the registered company the right of redemption, or postpone the date annual report, on a form prescribed by the shall be a member of the board of directors of payment or satisfaction upon redemption Commission by rule, containing the reg- of the company, and shall otherwise be inde- of any redeemable security in accordance istrant’s proxy voting record for the most re- pendent. with its terms for more than seven days cent twelve-month period ending on June 30. The financial statements of every such com- ‘‘(B) CRITERIA.—In order to be considered after the tender of such security to the com- to be independent for purposes of this para- pany or its agents designated for that pur- pany shall state that information regarding graph, a member of an audit committee of a pose for redemption, except— how the company voted proxies relating to registered company may not, other than in ‘‘(A) for any period (i) during which the portfolio securities during the most recent his or her capacity as a member of the audit principal market for the securities in which 12-month period ending on June 30 is avail- committee, the board of directors, or any the company invests is closed, other than able— other board committee— customary week-end and holiday closings; or ‘‘(1) without charge, upon request, by call- ‘‘(i) accept any consulting, advisory, or (ii) during which trading on such exchange is ing a specified toll-free (or collect) telephone other compensatory fee from the registered restricted; number; or on or through the company’s company or the investment adviser or prin- ‘‘(B) for any period during which an emer- website at a specified Internet address; or cipal underwriter of the registered company; gency exists as a result of which (i) disposal both; and or by the company of securities owned by it is ‘‘(2) on the Commission’s website.’’. ‘‘(ii) be an ‘interested person’ of the reg- not reasonably practicable; or (ii) it is not SEC. 110. INCENTIVE COMPENSATION AND MU- istered company, as such term is defined in reasonably practicable for such company TUAL FUND SALES. section 2(a)(19). fairly to determine the value of its net as- (a) COMMISSION RULE REQUIRED.—Within ‘‘(4) COMPLAINTS.—The audit committee of sets; or 270 days after the date of enactment of this the registered company shall establish pro- ‘‘(C) for such other periods as the Commis- Act, the Commission shall by rule prohibit, cedures for— sion may by order permit for the protection as a means reasonably designed to prevent ‘‘(A) the receipt, retention, and treatment of security holders of the company. fraudulent, deceptive, or manipulative acts of complaints received by the registered ‘‘(2) COMMISSION RULES.—The Commission and practices, the sale of the securities of an company regarding accounting, internal ac- shall by rules and regulations— investment company or of municipal fund se- counting controls, or auditing matters; and ‘‘(A) determine the conditions under which curities by a broker or dealer or by a munic- ‘‘(B) the confidential, anonymous submis- trading shall be deemed to be restricted; ipal securities broker or dealer without the sion by employees of the registered company ‘‘(B) determine the conditions under which disclosure of— and its investment adviser or principal unan emergency shall be deemed to exist; and (1) the amount and source of sales fees, derwriter of concerns regarding questionable ‘‘(C) provide for the determination by each payments by persons other than the invest- accounting or auditing matters. company, subject to such limitations as the ment company that are intended to facili- ‘‘(5) AUTHORITY TO ENGAGE ADVISERS.—The Commission shall determine are necessary tate the sale and distribution of the securi- audit committee of the registered company and appropriate for the protection of inves- ties, and commissions for effecting portfolio shall have the authority to engage inde- tors, of the principal market for the securi- securities transactions, or other payments, pendent counsel and other advisers, as it de- ties in which the company invests.’’. paid to such broker or dealer, or municipal termines necessary to carry out its duties. SEC. 106. DEFINITION OF NO-LOAD MUTUAL securities broker or dealer, or associated ‘‘(6) FUNDING.—The registered company FUND. person thereof in connection with such sale; shall provide appropriate funding, as deter- Within 270 days after the date of enact- (2) any commission or other fees or charges mined by the audit committee, in its capac- ment of this Act, the Securities and Ex- the investor has paid or will or might be sub- ity as a committee of the board of directors, change Commission shall, by rule adopted by ject to, including as a result of purchases or for payment of compensation— the Commission or a self-regulatory organi- redemptions; ‘‘(A) to the independent public accountant zation (or both)— (3) any conflicts of interest that any asso- employed by the registered company for the (1) clarify the definition of ‘‘no-load’’ as ciated person of the investor’s broker or purpose of rendering or issuing the audit re- such term is used by investment companies dealer or municipal securities broker or port; and that impose any fee under a plan adopted dealer may face due to the receipt of dif- ‘‘(B) to any advisers employed by the audit pursuant to rule 12b-1 of the Commission’s ferential compensation in connection with committee under paragraph (5). rules (17 C.F.R. 270.12b–1); and such sale; and ‘‘(7) AUDIT COMMITTEE.—For purposes of (2) require disclosure to prevent investors (4) information about the estimated this subsection, the term ‘audit committee’ from being misled by the use of such termi- amount of any asset-based distribution ex- means— nology by the company or its adviser or prin- penses incurred, or to be incurred, by the in- ‘‘(A) a committee (or equivalent body) es- cipal underwriter. vestment company in connection with the tablished by and amongst the board of direc- SEC. 107. INFORMING DIRECTORS OF SIGNIFI- investor’s purchase of the securities. tors of a registered investment company for CANT DEFICIENCIES. (b) BENCHMARKS.—In connection with the the purpose of overseeing the accounting and Section 42 of the Investment Company Act rule required by subsection (a), the Commis- financial reporting processes of the company of 1940 (15 U.S.C. 80a–41) is amended by add- sion shall, to the extent practical, establish and audits of the financial statements of the ing at the end the following new subsection: standards for such disclosures. company; and ‘‘(f) INFORMING DIRECTORS OF SIGNIFICANT (c) DEFINITIONS.— ‘‘(B) if no such committee exists with re- DEFICIENCIES.—If the report of an inspection (1) DIFFERENTIAL COMPENSATION.—For pur- spect to a registered investment company, by the Commission of a registered invest- poses of this section, an associated person of

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.007 H19PT1 H11536 CONGRESSIONAL RECORD — HOUSE November 19, 2003 a broker or dealer shall be considered to re- than one year after the date of enactment of Law 91–508 (12 U.S.C. 1951 et seq.), or section ceive differential compensation if such per- this Act. 21 of the Federal Deposit Insurance Act (12 son receives any increased or additional re- SEC. 112. STUDY OF ARBITRATION CLAIMS. U.S.C. 1829b); muneration, in whatever form— (a) STUDY REQUIRED.—The Securities and ‘‘(B) require each such company and ad- (A) for sales of the securities of an invest- Exchange Commission shall conduct a study viser to review such policies and procedures ment company or municipal fund security of the increased rate of arbitration claims annually for their adequacy and the effec- that is affiliated with, or otherwise specifi- and decisions involving mutual funds since tiveness of their implementation; cally designated by, such broker or dealer or 1995 for the purposes of identifying trends in ‘‘(C) require each such company to appoint municipal securities broker or dealer, as arbitration claim rates and, if applicable, a chief compliance officer to be responsible compared with the remuneration for sales of the causes of such increased rates and the for overseeing such policies and procedures— securities of an investment company or mu- means to avert such causes. ‘‘(i) whose compensation shall be approved nicipal fund security offered by such broker (b) REPORT.—The Securities and Exchange by the members of the board of directors of or dealer or municipal securities broker or Commission shall submit a report on the the company who are not interested persons dealer that are not so affiliated or des- study required by subsection (a) to the Com- of such company; ignated; or mittee on Financial Services of the House of ‘‘(ii) who shall report directly to the mem- (B) for the sale of any class of securities of Representatives and the Committee on bers of the board of directors of the company an investment company or municipal fund Banking, Housing, and Urban Affairs of the who are not interested persons of such com- security as compared with the remuneration Senate not later than one year after the date pany, privately as such members request, for the sale of a class of securities of such in- of enactment of this Act. but no less frequently than annually; and vestment company or municipal fund secu- ‘‘(iii) whose report to such members shall rity (offered by such broker or dealer or mu- TITLE II—PREVENTION OF ABUSIVE include any violations or waivers of, and any nicipal securities broker or dealer) that MUTUAL FUND PRACTICES other significant issues arising under, such charges a sales load (as defined in section SEC. 201. PREVENTION OF FRAUD; INTERNAL policies and procedures; and 2(a)(35) of the Investment Company Act of COMPLIANCE AND CONTROL PROCE- DURES. ‘‘(D) require each such company to estab- 1940 (15 U.S.C. 80a–2(a)(35)) only at the time lish policies and procedures reasonably de- of such a sale. (a) AMENDMENT.—Subsection (j) of section 17 of the Investment Company Act of 1940 (15 signed to protect any officer, director, em- (2) MUNICIPAL FUND SECURITY.—For purposes of this section, a municipal fund secu- U.S.C. 80a–17(j)) is amended to read as fol- ployee, contractor, subcontractor, or agent rity is any municipal security issued by an lows: of such company from retaliation, including issuer that, but for the application of section ‘‘(j) DETECTION AND PREVENTION OF discharge, demotion, suspension, harass- 2(b) of the Investment Company Act of 1940 FRAUD.— ment, or any other manner of discrimination (15 U.S.C. 80a–2(b)), would constitute an in- ‘‘(1) COMMISSION RULES TO PROHIBIT FRAUD, in the terms and conditions of employment, vestment company within the meaning of DECEPTION, AND MANIPULATION.—It shall be because of any lawful act done by such offi- section 3 of the Investment Company Act of unlawful for any affiliated person of or prin- cer, director, employee, contractor, subcon- 1940 (15 U.S.C. 80a–3). cipal underwriter for a registered investment tractor, or agent to provide information, company or any affiliated person of an in- cause information to be provided, or other- SEC. 111. COMMISSION STUDY AND REPORT REG- ULATING SOFT DOLLAR ARRANGE- vestment adviser of or principal underwriter wise assist in an investigation that relates MENTS. for a registered investment company, to en- to any conduct which such officer, director, (a) STUDY REQUIRED.— gage in any act, practice, or course of busi- employee, contractor, subcontractor, or (1) IN GENERAL.—The Commission shall ness in connection with the purchase or sale, agent reasonably believes constitutes a vio- conduct a study of the use of soft dollar ar- directly or indirectly, by such person of any lation of the securities laws or the code of rangements by investment advisers as con- security held or to be acquired by such reg- ethics of such investment company. templated by section 28(e) of the Securities istered investment company, or any security ‘‘(4) SELF-CERTIFICATION.—Such rules and Exchange Act of 1934 (15 U.S.C. 78bb(e)). issued by such registered investment com- regulations shall require the members of the (2) AREAS OF CONSIDERATION.—The study pany or by an affiliated registered invest- board of directors who are not interested required by this section shall examine— ment company, in contravention of such persons of each registered open-end invest- (A) the trends in the average amounts of rules and regulations as the Commission ment company to certify, in the periodic re- soft dollar commissions paid by investment may adopt to define, and prescribe means port to shareholders, or other appropriate advisers and investment companies in the reasonably necessary to prevent, such acts, disclosure document, that— past 3 years; practices, or courses of business as are fraud- ‘‘(A) procedures are in place for verifying (B) the types of services provided through ulent, deceptive or manipulative. that the determination of current net asset soft dollar arrangements; ‘‘(2) CODES OF ETHICS.—Such rules and reg- value of any redeemable security issued by (C) the benefits and disadvantages of the ulations shall include requirements for the the company used in computing periodically use of soft dollars for investors, including adoption of codes of ethics by registered in- the current price for the purpose of purchase, the extent to which use of soft dollar ar- vestment companies and investment advisers redemption, and sale complies with the re- rangements affects the ability of mutual of, and principal underwriters for, such in- quirements of the Investment Company Act fund investors to evaluate and compare the vestment companies establishing such stand- of 1940 and the rules and regulations there- expenses of different mutual funds; ards as are reasonably necessary to prevent under, and the company is in compliance (D) the potential or actual conflicts of in- such acts, practices, or courses of business. with such procedures; terest (or both potential and actual con- Such rules and regulations shall require each ‘‘(B) procedures are in place for the over- flicts) created by soft dollar arrangements, such registered investment company to dis- sight of the flow of funds into and out of the including whether certain potential conflicts close such codes of ethics (and any changes securities of the company, and the company are being managed effectively by other laws therein) in the periodic report to share- is in compliance with such procedures; and regulations specifically addressing those holders of such company, and to disclose ‘‘(C) procedures are in place to ensure that situations, the role of the board of directors such code of ethics and any waivers and ma- investors are receiving any applicable dis- in managing these potential or actual (or terial violations thereof on a readily acces- counts on front-end sales loads that are dis- both) conflicts, and the effectiveness of the sible electronic public information facility of closed in the company’s prospectus; board in this capacity; such company and in such additional form ‘‘(D) procedures are in place to ensure that, (E) the transparency of such soft dollar ar- and manner as the Commission shall require if the company’s shares are offered as dif- rangements to investment company share- by rule or regulation. ferent classes of shares, such classes are de- holders and investment advisory clients of ‘‘(3) ADDITIONAL COMPLIANCE PROCEDURES.— signed in the interests of investors, and investment advisers, the extent to which en- Such rules and regulations shall— could reasonably be an appropriate invest- hanced disclosure is necessary or appropriate ‘‘(A) require each investment company and ment option for an investor; to enable investors to better understand the investment adviser registered with the Com- ‘‘(E) procedures are in place to ensure that impact of these arrangements, and an assess- mission to adopt and implement policies and information about the company’s portfolio ment of whether the cost of any enhanced procedures reasonably designed to prevent securities is not disclosed in violation of the disclosure or other regulatory change would violation of the Securities Act of 1933 (15 securities laws or the company’s code of eth- result in benefits to the investor; and U.S.C. 78a et seq.), the Securities Exchange ics; (F) whether such section 28(e) should be Act of 1934 (15 U.S.C. 78a et seq.), the Sar- ‘‘(F) the members of the board of directors modified, and whether other regulatory or banes-Oxley Act of 2002 (15 U.S.C. 7201 et who are not interested persons of the com- legislative changes should be considered and seq.), the Trust Indenture Act of 1939 (15 pany have reviewed and approved the com- adopted to benefit investors. U.S.C. 77aaa et seq.), the Investment Com- pensation of the company’s portfolio man- (b) REPORT REQUIRED.—The Commission pany Act of 1940 (15 U.S.C. 80a–1 et seq.), the ager in connection with their consideration shall submit a report on the study required Investment Advisers Act of 1940 (15 U.S.C. of the investment advisory contract under by subsection (a) to the Committee on Fi- 80b et seq.), the Securities Investor Protec- section 15(c); nancial Services of the House of Representa- tion Act of 1970 (15 U.S.C. 78aaa et seq.), sub- ‘‘(G) the company has established and en- tives and the Committee on Banking, Hous- chapter II of chapter 53 of title 31, United forces a code of ethics as required by para- ing, and Urban Affairs of the Senate, no later States Code, chapter 2 of title I of Public graph (2) of this subsection; and

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.007 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11537 ‘‘(H) the company is in compliance with actions, or such other categories of reg- Commission shall submit a report to the the additional requirements of paragraph (3) istered investment companies as the Com- Committee on Financial Services of the of this subsection.’’. mission shall specify by rule.’’. House of Representatives and the Committee (b) DEADLINE FOR RULES.—The Securities (b) INCREASED REDEMPTION FEES PER- on Banking, Housing, and Urban Affairs of and Exchange Commission shall prescribe MITTED FOR SHORT TERM TRADING.—Within 90 the Senate on market timing and late trad- rules to implement the amendment made by days after the date of enactment of this Act, ing of mutual funds. subsection (a) of this section within 90 days the Securities and Exchange Commission (b) REQUIRED CONTENTS OF REPORT.—The after the date of enactment of this Act. shall revise rule 11a–3 of its rules under the report required by this section shall include Investment Company Act of 1940 (17 CFR SEC. 202. BAN ON JOINT MANAGEMENT OF MU- the following: TUAL FUNDS AND HEDGE FUNDS. 270.11a–30), or other rules of the Commission, (1) The economic harm of market timing as necessary to permit an investment com- (a) AMENDMENT.—Section 15 of the Invest- and late trading of mutual fund shares on pany to charge redemption fees in excess of ment Company Act of 1940 (15 U.S.C. 80a-15) long-term mutual fund shareholders. 2 percent upon the redemption of any securi- is further amended by adding at the end the (2) The findings by the Commission’s Office ties of such company that are redeemed following new subsection: of Compliance, Inspections and Examina- within such period after their purchase as tions, and the actions taken by the Commis- ‘‘(h) BAN ON JOINT MANAGEMENT OF MUTUAL the Commission specifies in such rule to pre- FUNDS AND HEDGE FUNDS.— sion’s Division of Enforcement, regarding— vent short term trading that is unfair to the (A) illegal late trading practices; ‘‘(1) PROHIBITION OF JOINT MANAGEMENT.—It shareholders of such company. shall be unlawful for any individual to serve (B) illegal market timing practices; and (c) DEADLINE FOR RULES.—The Securities (C) market timing practices that are not in or act as the portfolio manager or invest- and Exchange Commission shall prescribe violation of prospectus disclosures. ment adviser of a registered open-end invest- rules to implement the amendment made by (3) When the Commission became aware ment company if such individual also serves subsection (a) of this section within 90 days that the use of market timing practices was or acts as the portfolio manager or invest- after the date of enactment of this Act. ment adviser of an investment company that harming long-term shareholders, and the cir- SEC. 204. ELIMINATION OF STALE PRICES. cumstances surrounding the Commission’s is not registered or of such other categories Within 90 days after the date of enactment discovery of that activity. of companies as the Commission shall pre- of this Act, the Securities and Exchange (4) The steps the Commission has taken scribe by rule in order to prohibit conflicts Commission shall prescribe, by rule or regu- since becoming aware of market timing of interest, such as conflicts in the selection lation, standards concerning the obligation of the portfolio securities. of registered open-end investment companies practices to protect long-term mutual fund ‘‘(2) EXCEPTIONS.—Notwithstanding para- under the Investment Company Act of 1940 investors. graph (1), the Commission may, by rule, reg- to apply and use fair value methods of deter- (5) Any additional legislative or regulatory ulation, or order, permit joint management mination of net asset value when market action that is necessary to protect long-term by a portfolio manager in exceptional cir- quotations are unavailable or do not accu- mutual fund shareholders against the detri- cumstances when necessary to protect the rately reflect the fair market value of the mental effects of late trading and market interest of investors, provided that such companies’ portfolio securities, in order to timing practices. rule, regulation, or order requires— prevent dilution of the interests of long-term The SPEAKER pro tempore (Mr. SIM- ‘‘(A) enhanced disclosure by the registered investors or as necessary in the other inter- MONS). Pursuant to the rule, the gen- open-end investment company to investors ests of investors. Such rule or regulation tleman from Ohio (Mr. OXLEY) and the of any conflicts of interest raised by such shall identify, in addition to significant gentleman from Pennsylvania (Mr. joint management; and events, the conditions or circumstances from KANJORSKI) each will control 20 min- which such obligation will arise, such as the ‘‘(B) fair and equitable policies and proce- utes. dures for the allocation of securities to the need to value securities traded on foreign ex- portfolios of the jointly managed companies, changes, and the methods by which fair The Chair recognizes the gentleman and certification by the members of the value methods shall be applied in such from Ohio (Mr. OXLEY). board of directors who are not interested events, conditions, and circumstances. GENERAL LEAVE persons of such registered open-end invest- SEC. 205. PREVENTION OF UNFAIR AFTER-HOURS Mr. OXLEY. Mr. Speaker, I ask unan- ment company, in the periodic report to TRADING. imous consent that all Members may shareholders, or other appropriate disclosure (a) ADDITIONAL RULES REQUIRED.—Within have 5 legislative days within which to document, that such policies and procedures 90 days after the date of enactment of this Act, the Securities and Exchange Commis- revise and extend their remarks on this of such company are fair and equitable. legislation, and to insert extraneous ‘‘(3) DEFINITION.—For purposes of this sub- sion shall issue rules to prevent transactions section, the term ‘portfolio manager’ means in the securities of any registered open-end material thereon. the individual or individuals who are des- investment company in violation of section The SPEAKER pro tempore. Is there ignated as responsible for decision-making in 22 of the Investment Company Act of 1940 (15 objection to the request of the gen- connection with the securities purchased and U.S.C. 80a-22), including after-hours trades tleman from Ohio? sold on behalf of a registered open-end in- that are executed at a price based on a net There was no objection. vestment company, but shall not include in- asset value that was determined as of a time Mr. OXLEY. Mr. Speaker, I yield my- dividuals who participate only in making re- prior to the actual execution of the trans- self 5 minutes. search recommendations or executing transaction. Mr. Speaker, I stood on this floor last (b) TRADES COLLECTED BY INTER- actions on behalf of such company.’’. MEDIARIES.—Such rules shall permit execu- year and spoke of the need to reform (b) DEADLINE FOR RULES.—The Securities tion of such after-hours trades that are pro- and improve the accounting profession, and Exchange Commission shall prescribe vided to the registered open-end investment financial reporting, corporate govern- rules to implement the amendment made by company by a broker-dealer, retirement plan subsection (a) of this section within 90 days ance, and Wall Street research prac- administrator, or other intermediary, after after the date of enactment of this Act. tices. Congress responded admirably by the time as of which such net asset value SEC. 203. SHORT TERM TRADING BY INTERESTED passing the Sarbanes-Oxley Act which was determined, if such trades are collected has proved successful in improving the PERSONS PROHIBITED. by such intermediaries subject to procedures (a) SHORT TERM TRADING PROHIBITED.—Sec- that are— transparency of financial statements tion 17 of the Investment Company Act of (1) designed to prevent the acceptance of and stemming the alarming rate of cor- 1940 (15 U.S.C. 80a–17) is further amended by trades by such intermediaries after the time porate fraud. adding at the end the following new sub- as of which net asset value was determined; Now, we necessarily turn our focus to section: and mutual funds. We are in the midst of ‘‘(k) SHORT TERM TRADING PROHIBITED.—It (2) subject to an independent annual audit what one former SEC chairman calls shall be unlawful for any officer, director, to verify that the procedures do not permit partner, or employee of a registered invest- the ‘‘biggest financial scandal of the the acceptance of trades after the time as of past 50 years.’’ An industry representa- ment company, any affiliated person, invest- which such net asset value was determined. ment adviser, or principal underwriter of (c) INDEPENDENTLY MAINTAINED SYSTEMS.— tive has lamented the ‘‘shocking be- such company, or any officer, director, part- Such rules shall permit firms that utilize trayal of trust.’’ Indeed, the scandals ner, or employee of such an affiliated person, computer systems and procedures provided are deeply troubling for a host of rea- investment adviser, or principal underwriter, by unaffiliated entities to collect trans- sons. to engage in short-term transactions, as actions to satisfy the independent audit re- First, we have become a Nation of in- such term is defined by the Commission by quirements under subsection (b)(2) by means vestors, 95 million strong, and the in- rule, in any securities of which such com- of an independent audit obtained by such un- vestment vehicles of choice are mutual pany, or any affiliate of such company, is the affiliated entity. funds. It is imperative that Congress issuer, except that this subsection shall not SEC. 206. REPORT ON ADEQUACY OF REMEDIAL prohibit transactions in money market ACTIONS. ensures that these investors, rep- funds, other funds the investment policy of (a) REPORT REQUIRED.—Within 180 days of resenting 54 million households, are which expressly permits short-term trans- enactment, the Securities and Exchange protected.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.007 H19PT1 H11538 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Second, the nature of the misconduct component of our securities industry. Although each of these modifications by trusted fiduciaries, fund executives, Mutual funds became a dominant force generally improve H.R. 2420, I remain directors, and portfolio managers is es- in our capital markets because they concerned that we may have rushed to pecially egregious. Secret deals were have democratized investing for mil- judgment in these matters. The man- reached to provide special trading lions of average Americans, greatly fa- ager’s amendment would have bene- privileges to large, preferred cus- cilitating their ability to acquire a di- fited from a more thorough vetting by tomers. Fund managers and executives versified portfolio. Before September, the Securities and Exchange Commis- were caught market-timing their own many authorities and experts had also sion, State regulators, and other ex- funds, and fund directors were found generally extolled the reliability and perts. We should have made technical asleep at the switch. integrity of the industry. improvements to the bill to ensure its Third, the mutual fund fraud is wide- During the last 2 months, however, workability. spread. We are not talking about the we have learned of alleged and actual We also have missed an opportunity actions of a few boiler room operations; instances of wrongdoing at more than a to consider other worthy reform ideas. we are talking about pervasive finan- dozen mutual fund families with more We could have created a system to bet- cial fraud by all segments of the fund than $2.5 trillion in assets under man- ter protect mutual fund investors industry, including the most trusted agement. The most serious trans- against fraud by expanding fidelity companies. gressions brought to light so far have bonding requirements. We could have Finally, the regulators charged with involved market timing abuses, late additionally required mutual fund investor protection failed to detect or trading, and preferential portfolio dis- managers to make the same disclosures deter improper and illegal practices closures to industry insiders. about their personal transactions that which have apparently been occurring The current evidence also suggests we already mandate senior corporate for a number of years. It is inexcusable that additional announcements of mis- executives to make. that these activities were not uncov- conduct in the mutual fund industry The Investment Company Act further ered until this year. will continue to proliferate in the requires that mutual funds be orga- Long before the current scandal came months ahead. A recent survey by the nized and operated in the best interests to light, the Committee on Financial Securities and Exchange Commission of shareholders. We, therefore, could Services has called for reform. I am found that 30 percent of responding have considered adding legislative lan- proud of the work of my colleagues, broker-dealers assisted market timers guage to establish a fiduciary responsi- in some way. It also revealed that more particularly the gentleman from Lou- bility of mutual fund boards to ensure than 25 percent of answering broker- isiana (Mr. BAKER), chairman of the that funds are also organized and oper- dealers reported that customers had Subcommittee on Capital Markets, In- ated in such a way. Finally, we might placed or confirmed mutual fund orders surance and Government Sponsored have worked to heighten the scrutiny after the market closed and received Enterprises. The gentleman from Lou- of the joint management of mutual the preferential closing price. isiana (Chairman BAKER) held over- These misdeeds and findings have funds and hedge funds within the same sight and legislative hearings long be- caused great and considerable concern investment company to prevent con- fore it was fashionable to scrutinize for average American investors who flicts of interest. Mr. Speaker, I am particularly dis- the fund industry. He and I shepherded had placed their trust and hard-earned appointed that H.R. 2420 does not in- this legislation through the committee savings in accounts at mutual fund clude any of the regulatory enhance- in July, but not without some resist- companies. The widening investigation ance. by State and Federal authorities has ments that the Securities and Ex- The legislation before the House also resulted in a reevaluation of the change Commission specifically re- today, the Mutual Funds Integrity and mutual fund industry’s business prac- quested earlier this year and that are Fee Transparency Act, is a comprehen- tices and regulatory oversight. contained in H.R. 2179, the Securities sive reform package which contains nu- These budding inquiries have caused Fraud Deterrence and Investor Restitu- merous provisions to aid investors. me considerable unease as well. It is tion Act. These proposals would in- I will not go into all of the details completely and absolutely unaccept- crease the level of fines the Commis- but, importantly, it will provide for able for securities professionals, who sion may impose against wrongdoers, greater transparency of fund fees, have an obligation to serve the best in- improve its ability to return money to costs, expenses, and operations so that terests of their customers, to place swindled investors, and enhance the investors can make better informed de- their own interests first and to provide agency’s enforcement authorities. cisions and help market forces to drive preferential treatment to selected in- Each of these administrative pro- fees down for fund investors. It will siders. In my view, we have an obliga- posals would protect mutual fund in- strengthen fund management, particu- tion to American investors to monitor vestors more immediately and more ef- larly the board’s independent directors, these developments and take action to fectively than the bill we are now con- and it will curb the trading abuses prevent further abuses. sidering. Fortunately, the Senate has which have recently been revealed. Before news of the mutual fund in- an opportunity to review these worthy We know there are some who believe dustry scandals broke in September, ideas and adopt a more comprehensive, this legislation goes too far; there are the Committee on Financial Services stronger, and refined mutual fund bill some who think it does not go far approved a mutual fund reform bill by when it considers these matters next enough. To those people, I would say a voice vote. In general, H.R. 2420 seeks year. that we have achieved a good balance to enhance the disclosures of the mu- That said, we need to advance the here. It is proinvestor, it is tough, but tual fund fees and costs to investors, legislative process today so that we it does not regulate for regulation’s improve corporate governance for mu- can eventually better protect average sake. tual funds, and heighten the awareness investors from further transgressions Again, I would like to commend the of boards about mutual funds activi- by unscrupulous and unprincipled par- gentleman from Louisiana (Mr. BAKER) ties. ticipants in the mutual fund industry. for his outstanding leadership on these A manager’s amendment attached Although imperfect, H.R. 2420 takes issues and for crafting a fine piece of today to H.R. 2420 makes several addi- some steps to restore accountability legislation. He was ahead of the curve tions to the reported bill. Several of and reestablish investor trust. We yet again. these changes address the recently dis- should, therefore, approve the bill. Mr. Speaker, I reserve the balance of covered problems in the mutual fund In closing, Mr. Speaker, mutual my time. industry. For example, the bill will funds have successfully worked to help Mr. KANJORSKI. Mr. Speaker, I now allow for an increase in redemp- millions of middle-class Americans to yield myself such time as I may con- tion fees to reduce the ability of mar- successfully save for an early retire- sume. ket timers to profit from their trans- ment, purchase a vacation home, afford Mr. Speaker, with approximately 95 actions. The bill also now requires the a dream vacation, pay for a college million investors and $7 trillion in as- Commission to act to strengthen audit education, or cover medical bills or sets, mutual funds constitute a major trails to guard against late trading. other needs. We need to ensure that

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.052 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11539 this success continues. I encourage my company, a for-profit company, a com- of us were kind of isolated and lonely colleagues to adopt this bill. pany driven by the goal to make as when this whole issue began. And I sus- Mr. Speaker, I reserve the balance of much money as they can through the pect that we are now seeing the fruits my time. mutual fund. of your efforts in taking on this dif- Mr. OXLEY. Mr. Speaker, I am ficult issue. b 1215 pleased to yield 6 minutes to the gen- And I would say that based on the tleman from Louisiana (Mr. BAKER), Nothing wrong with that. But the testimony that Chairman Donaldson the chairman of the Subcommittee on board is constructed of members who gave to the other body just yesterday Capital Markets, Insurance and Gov- may well be the executives of the man- it is pretty clear that the SEC not only ernment Sponsored Enterprises. agement company. So the people who supports our efforts but would indeed Mr. BAKER. Mr. Speaker, I thank are making the judgments about support an independent chair. So from the gentleman for yielding me this whether to hire management company that standpoint, obviously, this is the time. I certainly want to start by com- A or management B are themselves beginning of the process, not the end. mending the chairman for his leader- employees of that company. Imagine And to that end, obviously we will con- ship on this important issue. He has how hard it must be to fire one’s self in sider other measures going forward. been committed to the principle of get- that instance. That is why I think it But I think, clearly, as the gen- ting it right, not getting it done fast, very important for us to engage in not tleman pointed out, this is an excellent and I think his long-suffering patience only the bill’s proposed two-thirds re- bill that deals with some of the real on this issue is to be highly com- quired membership be independent, but abuses that have been out there in the mended, for we have learned much, un- that the chairman himself be inde- public eye for the last several months. fortunately, over the last weeks and pendent of that significant conflict. And this is how our process works. As months. And I would like to read from testi- you know, very much like what ended When the committee first began its mony of Chairman Donaldson, chair- up as Sarbanes-Oxley, this is the work almost 2 years ago with an exam- man of the SEC, just yesterday in re- House’s ability to get our hands around ination of mutual fund industry per- sponse to a question in the Senate: ‘‘I this issue and show that the Members formance, it was with an eye toward think the board chairman should be to- of the House are quite concerned about whether or not investors truly under- tally independent. And I think the fur- these burgeoning scandals and are not stood the costs associated with invest- ther you go toward a totally inde- willing to sit back and allow this to ing in a particular fund, whether dis- pendent board, the better. The matter happen on our watch. closures were adequate, and whether seems to be closed.’’ Mr. BAKER. Mr. Speaker, I thank the markets were functioning in a fair And as we proceed with consideration the chairman for his leadership. Mr. KANJORSKI. Mr. Speaker, I manner. of this legislation through conference, yield 31⁄2 minutes to the gentleman Well, only a few months later, the I certainly will renew my effort to see from Massachusetts (Mr. FRANK), the door to scandal not only opened a bit, that that particular provision is in- ranking member of the Committee on it blew wide open. There were not just cluded. The bill does a great deal more, Financial Services, who has been in- minor aberrations of some arcane ac- but I think it is not the end of the strumental in working with me on this counting misrepresentation, but inten- process. bill on our side of the aisle. tional acts clearly in violation of the We in the Congress have an obligation with 95 million Americans and Mr. FRANK of Massachusetts. Mr. statutory provisions. Speaker, the gentleman from Pennsyl- In one instance, there was a union over half of all households now directly vania (Mr. KANJORSKI) has played a invested in the marketplace to ensure where certain selected union members very important role in this. I am glad there is a fair and balanced functioning were engaging in a practice known as to be here in support of his efforts. I market. We must have the investing late trading. This resulted in their fel- agree that this is a bill that is a good facts clearly disclosed. We must have low union brotherhood being set of steps forward, it is more than a rules that are clearly understood, disenfranchised. It became so prevalent first step, but it is not everything that trades engaged in by professionals who that the house where these trades were we should be doing. It is useful to do it hold themselves to the highest stand- executed began to call that time of day now. the ‘‘boilermaker hour.’’ Our systems ards of fiduciary duty. I have spoken with the Attorney of checks and balances had broken. It We must have, above all, the stand- General of New York, Mr. Spitzer, the was a system of checks: you write me ard adopted where fiduciary principles Secretary of the Commonwealth of one, I will write you one. never are set aside for personal gain Massachusetts, Mr. Galvin. They have Clearly, the principle on which a fair, and all the rules will be applied equi- further ideas about how we can im- functioning capital market must oper- tably to all investors. We do, in fact, prove the protection of the investing ate would require professionals never have the broadest, deepest, most suc- public. The gentleman from Pennsyl- to set aside their fiduciary duties for cessful capital markets of any time in vania (Mr. KANJORSKI) himself has the sake of personal gain. Unfortu- world history, but we cannot deviate some ideas. So I am glad we are mov- nately, it was happening. from these principles. ing. And I appreciate the fact we do not So how do we ensure that that is the The passage of H.R. 2420 will ensure end when we adjourn for the year this principle that guides market perform- we begin to return to that path, never legislative process; we will resume it ance? It is not easy, but I think H.R. again to deviate from that responsi- next year and be in conference with the 2420 is a very important beginning. bility. Senate bill, and maybe even ourselves Full disclosure of all fees, full disclo- Mr. Speaker, I would like to ask the pass some other legislation in this re- sure of what are known as ‘‘soft dollar’’ chair of the Committee on Financial gard. transactions, full disclosure of where Services, the gentleman from Ohio (Mr. But I want to address two other as- the portfolio managers themselves in- OXLEY), if the gentleman would like to pects of this issue. It is important that vest their own funds and what they are express his opinion with regard to the we legislate. It is also important that paid at the expense of shareholders. appropriateness of further consider- we fully empower those who are The bill goes a long way, and I would ation of the independent chair and a charged with investigation and en- join with some in saying perhaps we provision being adopted, if possible, in forcement. We are the legislative have not gone far enough. conference at a later time in the con- branch. We set the policy. But we are Let me digress with regard to the de- sideration of this legislation. not able to carry it out. What is impor- scription of a mutual fund and a mu- Mr. OXLEY. Mr. Speaker, will the tant is that those entities that are em- tual fund management company. Mu- gentleman yield? powered to carry it out be allowed to tual funds are organizations into which Mr. BAKER. I yield to the gentleman do that. Now, a number of people have working families write their checks from Ohio. noted today on that. and send their money. They have a Mr. OXLEY. Mr. Speaker, I thank We have learned recently some dis- board which then hires a mutual fund the gentleman for his continued leader- turbing facts about the mutual fund in- management company, an operating ship and tenacity on this issue. A few dustry. It should be clear that we

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.053 H19PT1 H11540 CONGRESSIONAL RECORD — HOUSE November 19, 2003 learned them primarily from two State me, but for the great work that he and on the floor today and our leaders have regulators, the Attorney General of the gentleman from Louisiana (Mr. come forward and said we need to move New York and the Secretary of the BAKER) have done on this and also the forward. Maybe they will do something Commonwealth of Massachusetts. And gentleman from Pennsylvania (Mr. somewhat differently in the Senate, I am proud to say, Mr. Speaker, that on KANJORSKI) and the gentleman from but hopefully they will do something our side of the aisle we take pride in Massachusetts (Mr. FRANK). I think it and hopefully we will have something that because there were efforts to im- truly has been a team effort for both which we can hold out to the American pinge on their ability to do this work. parties getting together to try to ad- public as evidence that we are moving And I am very pleased that our redress the problem. Maybe we are not as in the right direction as far as mutual sistance to any effort to diminish the far as I would like to be, as perhaps funds are concerned. role played by State regulators in the some others would like to be, but I On the old issue of who should regu- securities field has been vindicated. If, think we started to move in the right late, where we should be, I give credit in fact, the Attorney General of New direction. For that I am very pleased. to the States. I think they have done a York, the Secretary of the Common- Mr. Speaker, I will submit a state- wonderful job, particularly in New wealth of Massachusetts, and some ment here that supports H.R. 2420 and York and Massachusetts, and perhaps other regulators did not have the in- goes through the details of some of the other States in coming forward and re- centive, the tools, the ability fully to reasons for that. But I would like to vealing some the problems. Frankly, I investigate, we would not know today take my time before us today just to am not sure where the SEC would be what we know. discuss what I consider to be the today, I am not sure where we would be In addition, we have had the problem breadth and extent of this problem and today if that had not happened. Yes, that the SEC has said, well, there were what we have to do. there are jurisdictional issues, but for some limits in terms of funding. A year It is very interesting because 2 dec- the most part I think they deserve a ago back to 2001, my predecessor as ades ago only 6 percent of American great deal of credit as far as all of that ranking member, the very able gen- households had mutual funds, and the is concerned. tleman from New York, Mr. JOHN La- total was supposedly $134 billion. The SEC, according to Stephen Cut- Falce, when we were asked to raise Today one-half of all American fami- ler, has examined the records of 88 of SEC fees, he led our side in saying, let lies are involved in mutual funds in these mutual funds, and they found us make sure a lot of that goes to the some way or another, probably do not problems with a great percentage of SEC to increase their budget. And even know they are. They are in their them. And they have found in the case there was resistance. Even after the 401(k) plans or another retirement plan of 30 percent of them that they have corporate reform bill last year, the or something of that nature. It in- had market-timing problems. Virtually Sarbanes-Oxley bill, was passed, we as volves $7 trillion of money. half of these funds have had problems a Congress did not initially give the This, of all these issues we have one way or another in the area in SEC the money they needed to enforce talked about, probably involves more which we are trying to deal. That just that. Americans in a financial sense than shows me how rapidly we have to move Now, my colleague, the gentleman anything else we ever had before our and what we have to do. from Pennsylvania (Mr. KANJORSKI), committee or before the Congress of So I give credit to everybody for the has correctly pointed out we regret the the United States of America. It rep- hearings, for the legislation, and what fact that we have not also passed 2179, resents 10 percent of all the financial we are doing today because, frankly, I the SEC enforcement bill, giving the assets of the United States of America. think you are going to start to see SEC more powers that they have asked To suggest that this is not overwhelm- some changes. I think a lot of it is for, including some that would specifi- ingly important, in my judgment, going to be because of this legislation cally enhance their ability to levy would be wrong. which we are considering today and all fines against mutual fund companies. It is amazing to me that just 6 that has led up to it. Parts of that bill specifically deal with months ago the mutual fund industry Mr. Speaker, I rise today in support of H.R. the power to penalize mutual fund was making statements as they were 2420, the ‘‘Mutual Funds Integrity and Fee companies under those acts. But in ad- looking at the banking industry and Transparency Act of 2003.’’ I commend Chair- dition to the additional powers, we the corporate problems and everything man OXLEY and Subcommittee Chairman need to give them more people. And we else that they are the only ones with BAKER for continuing your work in protecting did fight, beginning late last year on an unblemished record. Nobody knew. into early this year; finally the Con- American investors and I am proud to play a Nobody at the State level, nobody at gress agreed to give the SEC the role in addressing the problems in the mutual the Federal level knew what was going amount of money that they needed for fund industry. Hearings in the Financial Serv- on. And while we can talk about the Sarbanes-Oxley, but there is, of course, ices Committee have enabled us to address a a time lag between getting the money SEC now, I would like to know where number of ongoing reforms that are necessary and being able to spend it. the SEC was a year ago, 3 years ago, 5 for the mutual fund industry to increase trans- Now, both sides agreed to give the years ago, 10 years ago, or whatever it parency for investors. From these hearings we SEC flexibility in hiring, and we gave may be, why was somebody not looking have also learned of additional problems with- them that. But we ought to note that at some of these problems, which are in the mutual fund industry that have only re- by the time we were to persuade this relatively self-evident when you really cently come to light such as improper trading Congress to give the SEC adequate examine it closely if you understand practices. We have improved this legislation funds, they tell us they did not have the details of how mutual funds work. by incorporating all of the issues and I am time to spend it. So, ironically, the I would hope that those kinds of peo- proud of the legislation we passed out of com- SEC had to give back some money this ple have been working at the SEC mittee with strong bipartisan support. year, over $100 million. But they have under Republicans and Democrats. And The average American family chooses to in- told us that that does not mean that I am afraid to say that has not been vest in mutual funds. I want to make clear that level was too high, only that they the case so far. And, frankly, I think what is at stake. Two decades ago, only 6 did not get it in time to spend it, over we all need to be critical of that. percent of American households had mutual our objections. Should we move quickly on this? And fund shares valued at $134 billion. Today, half We now, I think, should go forward I understand what Mr. Greenspan and of all American families have $7 trillion at and have a situation where State regu- Secretary Snow and others have said stake. Mutual funds represent about 10 per- lators and the SEC are fully funded and about, well, we need to take our time. cent of the total financial assets of the U.S. fully empowered to do their job. Well, I do not disagree completely be- population. The number of funds have grown Mr. OXLEY. Mr. Speaker, I yield 31⁄2 cause you want to do it correctly; but from less than 500 mutual funds in 1980 to minutes to the gentleman from Dela- on the other hand I think we need to approximately 8,000 mutual funds today. ware (Mr. CASTLE), distinguished mem- move as quickly as possible. There has Just 6 months ago the mutual fund industry ber of the committee. been a recognized problem, and we need was boasting of its unblemished record. It con- Mr. CASTLE. Mr. Speaker, I thank to do something about it. And quite cerns me that the scandals we have learned the chairman, not just for yielding to frankly, I am delighted that this bill is of in recent weeks may only be the tip of the

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K19NO7.056 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11541 iceberg. This should be a wake-up call to both transparency of fees, the bill requires that mu- time next year, will look closely to the Securities and Exchange Commission tual funds disclose fees, in dollar amounts, on make sure that we have done enough to (SEC) and the industry that change is needed. a hypothetical $1,000 investment, and further protect America’s middle class. They Mutual funds are a $7 trillion industry, and requires that this information not be buried in work hard for the money they have with more than 50 percent of the American a prospectus. earned, and they deserve better. public invested in mutual funds there is the Mr. Speaker, the House Financial Services b 1230 potential for investors to be hurt more so by Committee and Congress acted in the wake of these recent revelations than even the the Enron and WorldCom scandals to protect Mr. OXLEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from New WorldCom and Enron scandals. I am not investors. Today we are again being called on York (Mrs. KELLY), the distinguished downplaying the problems that were in play to protect the average American investor, and chairman of the Subcommittee on there, but I feel this issue is further-reaching I urge my colleagues on both sides of the aisle to join me in supporting this important Oversight and Investigations. and could impact a greater number of inves- Mrs. KELLY. Mr. Speaker, I rise in tors in the long run. Some in the industry have and very necessary legislation. Mr. KANJORSKI. Mr. Speaker, I support of this legislation. stated market timing was an open practice; Mr. Speaker, I would like to com- yield 21⁄2 minutes to the gentleman furthermore, some funds have even stated mend the gentleman from Ohio (Mr. they participated in market timing on a limited from North Carolina (Mr. MILLER). Mr. MILLER of North Carolina. Mr. OXLEY) and the gentleman from Lou- level with clients to allow controversial trading isiana (Mr. BAKER), the gentleman as a way to control the improper practice. This Speaker, mutual funds are how Amer- ica’s middle class saves. It is how from Pennsylvania (Mr. KANJORSKI) bothers me. Favoritism to big investors and and the gentleman from Massachusetts violating ethical and legal codes rob the aver- young couples save for their first home. It is how middle class families (Mr. FRANK) for their leadership in image investor who depends on their invest- proving and moving this legislation save for their children’s education, for ments for costs such as education and retire- through. It is going to send a clear their children’s college, and for retirement. There is a lot at stake, and the reforms message to all Americans that we are ment. It is how the middle class fami- addressed in this legislation will help prevent trying to make sure that when they in- lies save for a rainy day, to provide future investor betrayals. This bill addresses vest their money, there will be fairness the recent market scandals and makes addi- against life’s harsh uncertainties. It is infuriating that some mutual and there will be oversight in the mar- tional necessary reforms to the mutual fund in- fund managers have taken advantage ketplace. dustry, and I would like to highlight just a few. The interest of the investors of this of those families. It is even more infu- First, to address recent scandals in the mu- Nation need to come first. As the gen- riating that they have such disrespect tual fund industry, the manager’s amendment tleman from Delaware (Mr. CASTLE) will explicitly ban short-term trading by fund infor the middle class families who trust- said, this is a good step in restoring siders and permit funds to charge more than ed them with their life savings. They confidence to those people with whom seem to see America’s middle class as the current maximum 2 percent redemption we trust our investment money. And rubes or hicks, not as the very people fee to discourage all market timers. Second, to when we entrust that money to them, who make this Nation work. we want to know that it will be regu- prevent market timing trades, made possible This legislation is a beginning, and I lated, that the transactions will be by stale pricing, the manager’s amendment di- am pleased that no one today has de- transparent so we can see what they rects the SEC to clarify rules regarding mutual scribed it as the end. But I certainly funds’ obligation to apply fair value pricing. are doing. hope that when the Senate considers This problem with the mutual funds Third, the manager’ amendment also address- the regulation of the mutual fund in- es late trading. Late trading is not only an im- should have been addressed many years dustry next year they will pause to ago. Again, as my colleague, the gen- proper advantage for large fund investors, it is consider other reform proposals which illegal. Late trading has allowed some big fund tleman from Delaware (Mr. CASTLE) others today have spoken of. The gen- pointed out, this is something the SEC investors to take advantage of the current tleman from Pennsylvania (Mr. KAN- day’s price on orders to buy or sell shares should have acted on a long time ago, JORSKI) has already spoken of such pro- and especially during the 1990s when we placed after the close of the New York mar- posals, and I know that the gentleman kets, when proper procedure would be to carry had a strong market and such a bright from Illinois (Mr. EMANUEL) will in just light of investigation could have gone out the orders at the following day’s price. a moment. Some have likened this practice to ‘‘betting in with possibly less impact, because I certainly hope that we will urge we certainly do not want to do any- today on yesterday’s horse race.’’ The man- that the Senate consider measures to thing that is going to affect this Na- ager’s amendment directs the SEC to issue assure that the welfare of the funds’ in- tion’s growth that we are experiencing rules to prevent late trading without vestors, not the funds’ managers, is the with our economy now. disadvantaging those investors who use finan- guiding principle to how the funds are I think it is imperative that Congress cial intermediaries such as broker-dealers and governed. The funds need truly inde- take action to strengthen investor con- 401(k) and pension plan administrators to pur- pendent directors who know the indus- fidence. It will allow our economy to chase fund shares. try, will ask tough questions, and will continue to experience a full growth. Fourth, this legislation rightly increases the exercise independent judgment, not And we have to be sure that our inves- requirement of independent board members just go along with the funds’ managers. tors here in the United States, now from one-half to two-thirds of total board mem- We should consider requiring that over half of all American families are bership and strengthens independence quali- there be a single lead independent di- invested in mutual funds, we have to fications. A greater number of independent director, focused responsibility with the make sure that we have, they have the rectors will increase protections of investors’ authority to hire outside experts, to backing of Congress, that they have interests against those of directors whose in- call meetings of the board, and to place the oversight from Congress, but more terests are tied to the success of their funds’ items on the board’s agenda. importantly, that that backing and advisers. Fifth, the bill requires disclosure of Finally, we should require a clear fi- oversight comes from the SEC. brokers’ conflicts of interest where they are duciary duty by the managers of the They need to invest their hard- paid incentives to promote particular funds, so fund to the investors in the fund. earned money with full faith and hope that investors can weigh sales incentives. Mr. Speaker, there may be reasons to for prosperous futures. The Mutual Finally, I am concerned about fees that mu- address the same concerns in different Fund Integrity Fee and Transparency tual fund investors face. I understand that mu- ways or, perhaps, even to leave well Act is an important step in the process. tual fund companies feel there is a need for enough alone. But as long as some The legislation improves account- certain fees, but these fees must be trans- funds are not governed for the benefit ability and integrity by requiring a parent to investors. In many cases investors of the investors, we will likely be deal- greater independence and trans- choose ‘‘no-load’’ funds for their no-fee struc- ing with one new fund management parency, as I mentioned before, and ture, but hidden fees such as 12-(b)-1 fees are practice after another, each designed eliminating conflict of interests which often charged. I am pleased this legislation to separate the middle class from more we certainly are finding out were. would prohibit a fund from advertising as a and more of its life savings. Nearly 100 million Americans invest ‘‘no-load’’ fund if in fact the 12-(b)-1 fee is I will vote for this bill today; but I their money in mutual funds. These in- charged. Furthermore, in an effort to enhance hope the Senate, with the luxury of vestments really represent a part of

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.011 H19PT1 H11542 CONGRESSIONAL RECORD — HOUSE November 19, 2003 their nest egg. This is what they are [From the New York Times, Nov. 17, 2003] the Clean Air Act—and dropping 13 cases in using for their tuition for their kids. REGULATION BEGINS AT HOME which it had already made a determination that the law had been violated. This is what they are going to use for (By Eliot Spitzer) Regulators may disagree about what our their first home. It is what they are ALBANY—With two decisions in the last environmental laws should look like. But we thinking about when they are thinking two weeks, the Bush administration has sent should all be able to agree that companies about what they are going to do for its clearest message yet that it values cor- that violated then-existing pollution laws their retirement. These investments porate interests over the interests of the av- should be punished. are the essential part of the lives of erage Americans. In the Securities and Ex- Those environmental laws were enacted to American families. Our work today is change Commission’s settlement with Put- protect a public that was concerned about its nam Investments, the public comes away health and safety. By letting companies that not going to be done. We are going to short-changed. In the Environmental Protec- violated the Clean Air Act off the hook, the be all finished because this is a first tion Agency’s decision to forgo enforcement Environmental Protection Agency has effec- step in this. We are going to continue of the Clean Air Act, the public comes away tively issued an industry-wide pardon. This to investigate these issues, and I look completely empty-handed. will only embolden polluters to continue forward to continuing to work on these The 95 million Americans who invest in practices that harm the environment. issues to strengthen investor con- mutual funds paid more than $70 billion in My office had worked with the agency to investigate polluters, and will continue to do fidence to ensure the highest level of fees in 2002. These fees went to an industry that did not take seriously its responsibility so when possible. But today a bipartisan coa- integrity, transparency and account- to safeguard investors’ money. Investors are lition of 14 state attorneys general will sue ability in this market. now rightly concerned about whether those the agency to halt the implementation of I want people to have faith when mutual funds that breached their fiduciary weaker standards. In addition, we will con- they put their dollars into the U.S. duties will be required to refund the exorbi- tinue to press the lawsuits that have been markets, that the market is acting in tant fees they took, and what mechanism filed. We have also requested the E.P.A. will be put in place to ensure that the fees records for the cases that have been dropped, their behalf and not on the behalf of and will file lawsuits if they are warranted someone who is going to make a pri- charged in the future are fair. Unfortunately, the S.E.C.’s deal with Put- by the facts. Similarly, my office—while committed to vate profit from what their money is. I nam does not provide a satisfactory answer working with the Security and Exchange urge my colleagues to support this leg- to these questions. Instead, it raises new Commission in our investigation of the mu- islation. questions. tual fund industry—will not be party to set- The commission’s first failure is one of Mr. KANJORSKI. Mr. Speaker, I tlements that fail to protect the interests of yield 2 minutes to the gentlewoman oversight. The mutual fund investigation investors and let the industry off with little from New York (Mrs. MALONEY). began when an informant approached our of- more than a slap on the wrist. (Mrs. MALONEY asked and was given fice with evidence of illegal trading prac- The public expects and deserves the protec- tices. Tipsters also approached the commis- permission to revise and extend her re- tion that effective government oversight sion, which is supposed to be the nation’s provides. Until the Bush administration marks.) primary securities markets regulator, but shows it is willing to do the job, however, it Mrs. MALONEY. Mr. Speaker, as a the commission simply did not act on the in- appears the public will have to rely on state cosponsor of this legislation I am formation. regulators and lawmakers to protect its in- pleased to rise in support of it, but I re- The commission’s second failure was act- terests. gret that it did not include the SEC ing in haste to settle with Putnam even Mr. OXLEY. Mr. Speaker, I yield 2 recommendations that the Democrats though the investigation is barely 10 weeks old and is yielding new and important infor- minutes to the gentlewoman from supported. mation each day. Whether the commission Florida (Ms. HARRIS), a valuable mem- Since the demise of Enron 2 years recognizes it or not, the first settlement in a ber of the committee. ago, the Committee on Financial Serv- complex investigation always sets the tone (Ms. HARRIS asked and was given ices has undertaken a comprehensive for what follows. In this case, the bar is set permission to revise and extend her re- reform agenda. We have rewritten the too low. marks.) rules applying to the accounting indus- The Putnam agreement does contain a use- Ms. HARRIS. Mr. Speaker, I rise to try and completely changed the rela- ful provision mandating that the funds’ express my vigorous support for H.R. board of directors be more independent of 2420, the Mutual Fund Integrity and tionship between boards of directors the management companies that run its day- and corporate managers. Fee Transparency Act. Mutual funds to-day operations. It also talks of fines and have become a vital tool that millions The legislation we are considering restitution, but leaves for another day the today represents the beginning of simi- determination of the amount Putnam should of Americans rely on. In fact, approxi- lar reforms for the mutual funds indus- pay. mately some 95 million investors rep- try. This legislation attacks conflicts Most important, the agreement does not resenting nearly half of all U.S. house- of interest and increases the independ- address the manner in which the fees holds own a stake in some type of mu- charged to investors are calculated. Nor does ence and accountability of oversight tual fund. Reflecting the dramatic shift it require the fund to inform investors ex- in recent decades toward this invest- boards. It increases the number of inde- actly how much they are being charged—or pendent board members from 40 per- ment alternative, the mutual funds in- even provide a structure that will create dustry hold an estimated $7 trillion cent to two-thirds. With increased market pressure to reduce those fees. Fi- dollars in assets. independence, also comes increased re- nally, there is no discussion of civil or crimi- Just as the stock market boom of the sponsibility as the legislation places final sanctions for the managers who acted improperly by engaging in or permitting 1990s bolstered the average American’s duciary duties on boards of directors, belief in the strength of our Nation’s requiring them to review revenue shar- market timing and late trading. S.E.C. officials are now saying that they capital markets, the corporate malfea- ing and soft dollar arrangements. may be interested in additional reforms. But sance of recent years rocked that mar- It will also require disclosure of fund by settling so quickly, they have lost lever- ket. managers’ compensation structure and age in obtaining further measures to protect Through the market’s ups and down bar the same individual from managing investors. After reviewing this agreement, I during this period, many investors a mutual fund and hedge fund. On the can say with certainty that any resolution maintained their mutual fund holdings with my office will require concessions from consumer side, the bill requires the dis- because they felt these investments closure of total fees an investor will the industry that go far beyond what the commission obtained from Putnam. represented a safe harbor for their as- pay per $1,000 they invest. It is not surprising that the commission sets. In essence, this perception con- Finally, I am pleased that this legis- would sanction a deal that ignores constitutes precisely why the latest prob- lation provides the SEC more author- sumers and is unsatisfactory to state regu- lems to shake the industry have cre- ity to police the funds industry. I can lators. Just look at the Bush administra- ated such damage. Mutual funds rep- only hope that they use it. I would also tion’s decision to abandon pending enforce- utation as the harbinger of safe and like to commend the leadership of ment actions and investigations of Clear Air easy investing has vanished. As our Na- State regulators and State attorneys Act violations. Even supporters of the Bush administration confronts an array of daunting general, specifically Mr. Elliot Spitzer tion’s environmental policy were stunned challenges, restoring and safeguarding from New York State. The following is when the E.P.A. announced that it was clos- the economic security of every Amer- an article he recently authored and ing pending investigations into more than ican must remain one of our top prior- published on this subject: 100 power plants and factories for violating ities.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.059 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11543 The legislation that we consider house, has settled with the Securities place and retain, but also reconstruct today responds to the illegal and un- and Exchange Commission, put strict the Good Housekeeping seal that the ethical practices that have affected the compliance measures in place as part mutual fund industry has had for so mutual fund industry. Moreover, it of that settlement, and is now run by a long. They have lost it in the last 6 comprises an integral part of the gen- man some consider to be one of the months. tleman from Ohio’s (Mr. OXLEY) strat- most ethical men in the financial serv- This legislation would restore that egy to enhance investor protection ices industry. seal, that sense that people’s money, which continues to serve as the hall- At the end of the day, the overall the middle-class investors’ money is mark of his leadership in the Com- mutual funds industry restitution may safe with the mutual fund. How it mittee on Financial Services. be $50 to $100 per affected share holder. would do that is it would reverse the I applaud the vision and foresight of We need to remember that the major- culture and the practice that has been the gentleman from Ohio (Mr. OXLEY) ity of mutual funds shareholders are developed in the mutual fund industry and the gentleman from Louisiana (Mr. not affected by the recent develop- where the manager’s strategy, the BAKER) that they have demonstrated in ments in this market and the guilty manager’s mentality is, heads I win; forcefully addressing the concerns re- parties are rightfully being fined and tails the investors lose. garding the mutual fund disclosure and punished under existing laws, not laws That is what has been going on. This investor protection well in advance of that have yet to be passed. Market legislation is not only a good step in State and Federal investigators. forces are at work. the right direction, it is a strong step Throughout the hearing and markup Mr. Speaker, the public perception of in the right direction. process, we have heard ample evidence good funds versus bad funds will shape As we just were talking a second ago regarding how the vague disclosures success for the mutual funds compa- about the relationship between mutual permitted under current law have al- nies. Although I have cosponsored this funds and hedge funds, I know as the lowed greed to tarnish the mutual fund legislation, and will vote for it today, I Senate takes this up, we have more industry. want to stress how important it is that work to do in this area. In my view for The Mutual Fund Integrity and Fee we proceed very carefully with this leg- too long we have a culture that has Transparency Act provide Americans islation and any legislation that been developed in the industry where it with a clear understanding of the man- changes the regulation of the mutual is self-serving to the management. It is agement, the fees and the ethics of the funds industry. essential now as the relationship be- organizations with whom they entrust Mr. OXLEY. Mr. Speaker, does the tween mutual funds and hedge funds that are hard earned dollars, restoring gentleman from Pennsylvania (Mr. exist in the same family, to go beyond a significant amount of confidence in KANJORSKI) have any further speakers? the individual area, but to ensure that the reliability and security of our cap- Mr. KANJORSKI. Mr. Speaker, I the mutual fund investor does not sub- ital markets. have one more speaker. sidize the well-to-do investors in the Mr. KANJORSKI. Mr. Speaker, I Mr. OXLEY. Mr. Speaker, I reserve hedge fund. yield 3 minutes to the gentleman from the balance of my time. We have made sure that if we are Texas (Mr. HINOJOSA). Mr. KANJORSKI. Mr. Speaker, I going to allow that to exist, that real Mr. HINOJOSA. Mr. Speaker, I thank yield 3 minutes to the gentleman from walls exist between the mutual fund in- the gentleman from Pennsylvania (Mr. Illinois (Mr. EMANUEL). dustry and the hedge funds inside those KANJORSKI) for yielding me time. Mr. EMANUEL. Mr. Speaker, I would families; and that those walls that Mr. Speaker, I commend the gen- like to enter into a colloquy with the boast sharing of research, staffing, tleman from Ohio (Mr. OXLEY) and the chairman of the committee. IPO’s, that, in fact, there is a wall that ranking member, the gentleman from Section 202 of the manager’s amend- exists so we get back that culture, get Massachusetts (Mr. FRANK) for their ment requires the commission to issue back that mentality, look for other leadership in moving this issue for- rules that will protect mutual fund in- conflicts of interest and deal with them ward. I also acknowledge and credit the vestors against conflicts of the interest in this legislation. good work of the gentleman from Lou- created by the situation where the I am proud like we did in the Fair isiana (Mr. BAKER) and the gentleman same individual serves as a portfolio Credit Reporting Act which we will from Pennsylvania (Mr. KANJORSKI). manager of both a mutual fund and a soon vote on, that again here in this I rise in support of H.R. 2420, the Mu- hedge fund. This provision generally step we have bipartisanship, taking the tual Fund Integrity and Fee Trans- bans joint management of the two right type of steps to ensure that the parency Act of 2003. I agreed to cospon- types of funds by the same individual. democratic capitalism and culture of sor this legislation which emphasizes I note that the joint management of the most fluid markets that exist in integrity and values in the securities such funds by the same individual the world and the most open markets industry. I will vote for this bill today. could create conflict whereby mutual continue to be encouraged; that mom- However, I want the House and Senate fund investors effectively subsidize the and-pop investors that save for college to continue to modify its content be- hedge fund managed by the same indi- and save for retirement, that their cause the mutual fund issues at hand vidual. funds are safe. continue to evolve. Is it your understanding that the The SPEAKER pro tempore (Mr. SIM- Congress needs to ensure that the rules that the commission will be pro- MONS). The gentleman from Pennsyl- final bill sent to President Bush for his mulgating pursuant to the section will vania (Mr. KANJORSKI) has 30 seconds. signature reflects appropriate solutions address those conflicts of interest? Mr. KANJORSKI. Mr. Speaker, I to real problems so that mutual funds Mr. OXLEY. Mr. Speaker, will the yield myself such time as I may con- shareholders will benefit from it. At gentleman yield? sume. present we are caught in the middle of Mr. EMANUEL. I yield to the gen- I have no further requests for time. regulatory one-upsmanship which is tleman from Ohio. Mr. Speaker, in closing, I would like to creating an interesting situation for Mr. OXLEY. Mr. Speaker, the answer congratulate the chairman, the gen- Congress. Although some people in the is yes. The rules will ban joint manage- tleman from Ohio (Mr. OXLEY) for a job mutual funds industry certainly make ment by the same individual but not well done and the chairman of my sub- themselves easy targets, press ac- the same firm, both the registered in- committee, the gentleman from Lou- counts of the problem have helped investment company and other unregis- isiana (Mr. BAKER) for a job well done. flame the situation, as have the very tered investment vehicles. Those rules We have the unusual experience in public battles between two regulators will address the conflicts of interest the House of Representatives in the Fi- responsible for oversight of the mutual that are presented by such an arrange- nancial Services industry of having a funds industry. ment, including the conflicts raised by collegial relationship on both sides of Mutual funds such as Putnam have the gentleman. the aisle, and this piece of legislation violated certain laws and regulations. Mr. EMANUEL. Reclaiming my time, reflects that. We certainly look for a However, in just 6 weeks that same I support H.R. 2420 for the simple rea- continuing of that type of collegial refund is in the process of cleaning son that I think it is essential to relationship, and, again, my compliments

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.060 H19PT1 H11544 CONGRESSIONAL RECORD — HOUSE November 19, 2003 to the chairman and to the chairman of Among the important reforms Putnam will reached a fair and far-reaching settlement the subcommittee. implement is a requirement that Putnam that establishes substantial governance re- Mr. Speaker, I yield back the balance employees who invest in Putnam funds hold forms and compliance controls that are al- of my time. those investments for at least 90 days, and in ready benefiting Putnam’s investors. It is a some cases for as long as one year—putting settlement where the Commission put the in- b 1245 an end to the type of short-term trading we terests of investors first. Mr. OXLEY. Mr. Speaker, I yield my- found at Putnam. On the corporate govern- As the Commission continues to initiate ance front, Putnam fund boards of trustees critical and immediate reforms of the mu- self such time as I may consume. will have independent chairmen, at least 75% tual-fund industry, and while we investigate In closing, let me also commend my of the board members will be independent, a multitude of other cases involving mutual friend from Pennsylvania, as well as and all board actions will be approved by a fund abuses, we will continue to seek re- the gentleman from Massachusetts majority of the independent directors. forms that provide immediate relief to (Mr. FRANK), the ranking member, for In addition, the fund boards of trustees harmed investors. their leadership and their assistance on will have their own independent staff mem- Mr. MOORE. Mr. Speaker, as a member of ber who will report to and assist the fund this issue. the Financial Services Committee, I rise in As the gentleman knows, the gen- boards in monitoring Putnam’s compliance with the federal securities laws, its fiduciary support of H.R. 2420, the Mutual Fund Integ- tleman from Louisiana (Mr. BAKER) has duties to shareholders, and its Code of Eth- rity and Fee Transparency Act of 2003, which been very active on this issue for a ics. Putnam has also committed to submit to I joined in cosponsoring after our committee number of months; and as I indicated an independent review of its policies and pro- approved it earlier this year. to him, his efforts going forward were cedures designed to prevent and detect prob- H.R. 2420 includes numerous provisions to most appreciated, and we come to this lems in these critical areas—now, and every help stop trading abuses involving mutual day where we are going to pass this bill other year. This settlement is not the end of the Com- funds such as those that have been recently by a large margin, and that is due to uncovered by State and Federal regulators. the work of all three gentlemen that I mission’s investigation of Putnam. We are also continuing to examine the firm’s ac- For example, it requires better disclosures of mentioned. It is good to be in a situations and to pursue additional remedies that mutual fund fees and expenses to help inves- tion where the committee works so may be appropriate, including penalties and tors compare the relative costs of funds and well together on a number of issues. As other monetary relief. If we turn up more make more informed investment decisions, the gentleman from Illinois indicated, evidence of illegal trading, or any other pro- and it improves the corporate governance of when we bring up the conference report hibited activity, we will not hesitate to mutual fund companies. on the bill that all of us worked so bring additional enforcement actions against Among other things, the bill requires the Se- Putnam or any of its employees. Indeed, our hard on, we are going to be a very ef- curities and Exchange Commission (SEC) to fective responder to some of those action in federal court charging two Putnam portfolio managers with securities fraud is issue rules that would prevent late trades; pro- problems that developed in the area of pending. hibits mutual fund employees from engaging in consumer demand, as well as identity There are two specific criticisms of the any short-term trading of their personal theft which will come forward, we settlement that merit a response. shares, and allows funds to charge higher re- hope, in the next few hours. First, some have charged that it was a mis- demption fees to discourage short-term trades take not to force the new management at Mrs. KELLY. Mr. Speaker, during debate on by others; prohibits any individual from man- the bill today, the gentleman from Pennsyl- Putnam to agree that the old management had committed illegal acts. In fact, we took aging both a mutual fund and a hedge fund at ECORD vania placed in the R an editorial au- the unusual step of requiring Putnam to the same time; requires mutual funds to pro- thored by the Attorney General of New York. admit to liability for the purpose of deter- vide operating cost comparisons using a I want to also include for the RECORD a re- mining the amount of any penalty to be im- standard $1,000 investment as an example; sponse published on November 18, 2003, in posed. We made a decision, however, that it requires funds to disclose the extent to which the Wall Street Journal by the chairman of the would be better to move quickly to obtain their portfolio ‘‘turns over’’ each year; requires Securities Exchange Commission. real and practical protections for Putnam’s disclosures of financial incentives provided to [From the Wall Street Journal, Nov. 18, 2003] investors, right now, rather than to pursue a blanket legal admission from Putnam. The brokers to recommend certain funds, of how INVESTORS FIRST SEC is hardly out of the mainstream in mak- fund managers are compensated, and of the (By William H. Donaldson) ing such a decision. All other federal agen- extent to which fund managers hold fund WASHINGTON.—Among its many roles, the cies, and many state agencies (including that shares in their personal portfolio; requires that Securities and Exchange Commission has of the New York attorney general), willingly at least two-thirds of the directors of a mutual two critical missions. The first is to protect and regularly forgo blanket admissions in fund be independent; and enhances the fidu- investors, and the second is to punish those order to achieve meaningful and timely reso- ciary duty of a fund’s board of directors to act who violate our securities laws. Last week’s lutions of civil proceedings. partial settlement of the SEC’s fraud case Second, some have criticized the Putnam on behalf of investors. against the Putnam mutual-fund complex settlement because it does not address how I do, however, have concerns with some of does both. It offers immediate and signifi- fees are charged and disclosed in the mutual the provisions that were included in the bill cant protections for Putnam’s current mu- fund industry. While this issue is serious, the through adoption of today’s manager’s amend- tual-fund investors, serving as an important claim is spurious. The Putnam case is about ment. I believe that this legislation has suf- first step. Moreover, by its terms, it en- excessive short-term trading by at least six fered as a result of the addition of this amend- hances our ability to obtain meaningful fi- Putnam management professionals and the ment without any bipartisan consideration of nancial sanctions against alleged wrong- failure of Putnam to detect and deter that its provisions. My concerns involve the fol- doing at Putnam, and leaves the door open trading. The amount and disclosure of fees is lowing issues: for further inquiry and regulatory action. not, and never has been, a part of the Put- Despite its merits, the settlement has pro- nam case, and thus it would be wholly im- The manager’s amendment would require voked considerable discussion, and some proper to try to piggyback the fee-disclosure fund companies and their principals to estab- criticism. Unfortunately, the criticism is issue on an unrelated matter. lish a code of ethics and to disclose such misguided and misinformed, and it obscures If our continuing investigation of Putnam code of ethics in periodic reports to share- the settlement’s fundamental significance. uncovers evidence of wrongdoing in the fee- holders. In addition to developing and making By acting quickly, the SEC required Put- disclosure area, we will not hesitate to act, public a fund’s code of ethics, the fund com- nam to agree to terms that produce imme- and the Commission is already moving for- pany is required by this section to ‘‘disclose diate and lasting benefits for investors cur- ward with rulemaking that will address this rently holding Putnam funds. First, we put issue, and others, on an industry-wide basis. such code of ethics and any waivers and main place a process for Putnam to make full Those lacking rulemaking authority seem to terial violations thereof on a readily accessible restitution for investor losses associated want to shoehorn the consideration of the electronic public information facility of such with Putnam’s misconduct. Second, we re- fee-disclosure issues into the settlement of company.’’ quired Putnam to admit its violations for lawsuits about other subjects. But we should Establishing and following a code of ethics purposes of seeking a penalty and other mon- not use the threat of civil or criminal pros- to ensure that fund companies operate in the etary relief. Third, we forced immediate, ecution to extract concessions that have best interests of investors is a critical step to- tangible reforms at Putnam to protect inves- nothing to do with the alleged violations of wards meaningful reform of the mutual fund tors from this day forward. These reforms the law. are already being put into place, and they Criticism of the Commission for moving to industry; however, publicly disclosing waivers are working to protect Putnam investors quickly misses the significance of the Com- and material violations of codes of ethics from the sort of misconduct we found in this mission’s action. While continuing our places fund companies at unprecedented lev- case. broader investigation of Putnam, we have els of liability risk, particularly if done on a

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K19NO7.061 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11545 ‘‘readily accessible electronic public informa- When someone hires a company to do some- to address a number of ongoing reforms that tion facility’’—e.g., a Web site. thing, you don’t usually get to approve their are necessary for the mutual fund industry to The manager’s amendment requires the employees’ compensation—only what you pay increase transparency for investors. From independent directors of a fund’s board to cer- the company. these hearings we have also learned of addi- tify, at the risk of personal liability, that a host Finally, the manager’s amendment requires tional problems within the mutual fund industry of procedures exist for the day-to-day oper- the mutual fund to appoint a chief compliance that have only recently come to light such as ations of the fund company, including: officer and the independent directors of the improper trading practices. We have improved Verification that the current net asset value of fund to approve his or her compensation. The this legislation by incorporating all of the any security issued by the fund company com- amendment also requires the compliance offi- issues and I am proud of the legislation we plies with the applicable securities laws; over- cer to provide reports directly and privately to passed out of committee with strong bipartisan sight of the flow of funds into and out of the the independent fund directors. I have no support. securities company; ensuring investors receive problem with the fund appointing a compliance The average American family chooses to in- applicable discounts on advertised front-end officer who ‘‘functionally reports’’ to it, but ‘‘ad- vest in mutual funds. I want to make clear sales loads; share classes are offered in the ministratively reports’’ to the investment man- what is at stake. Two decades ago, only 6 interests of investors and ‘‘could reasonably ager. This can be worked out. But, for the percent of American households had mutual be an appropriate investment option for an in- same reasons cited above, I think it is im- fund shares valued at $134 billion. Today, half vestor’’; and review and approval of the port- proper for the independent directors of the of all American families have $7 trillion at folio manager’s compensation. fund to approve the compensation of someone stake. Mutual funds represent about 10 per- This section raises serious questions about who works for its contractor. In addition, the cent of the total financial assets of the U.S. the appropriate role of the board of directors language of this provision could be read to re- population. The number of funds have grown from less than 500 mutual funds in 1980 to by changing the face of mutual fund company quire each fund to appoint its own compliance boards to act as managers of the day-to-day approximately 8,000 mutual funds today. officer, when a mutual fund often manages It concerns me that the scandals we have operations of the fund, over which they nor- several dozen funds. The result could be a mally now have little control, with regard to ac- learned of in recent weeks may only be the tip costly, unworkable situation. of the iceberg. This should be a wake up call tual compliance. No other board structure, for Overall, H.R. 2420 is a bill is a timely and any other sort of public company, has these to both the Securities and Exchange Commis- needed piece of legislation; as Consumers sion (SEC) and the industry that change is sorts of requirements. Given the litany of new Union stated in a letter to Congress earlier needed. Mutual funds are a $7 trillion industry requirements imposed on independent direc- today, it ‘‘is an important first step in the effort and with more than 50 percent of the Amer- tors, grave concerns are already being raised toward reforming this industry and protecting ican public invested in mutual funds there is about a fund’s ability to find individuals willing the interests of millions of investors.’’ I support the potential for investors to be hurt more so to serve on a fund board. If fund companies its passage in this body today, but hope that by these recent revelations than even the are able to find individuals willing to subject the Senate and ultimately, a conference com- World Com and Enron scandals. I am not themselves to new liability, the company mittee, can address the remaining issues I downplaying the problems that were in play would likely have to compensate that indi- have outlined here. there but I feel this issue is further reaching vidual for taking on this risk—a cost that will Mr. UDALL of Colorado. Mr. Speaker, I sup- and could impact a greater number of inves- ultimately be borne by shareholders. port this bill as a necessary first step toward tors in the long run. Some in the industry have For example, section 201(a)(4)(A) requires greater protection for the millions of Americans stated market timing was an open practice, the independent directors of the mutual fund who have invested in mutual funds. furthermore, some funds have even stated (a separate company) to certify that the mu- Anyone who reads the daily newspapers is they participated in market timing on a limited tual fund’s investment manager (another com- aware of the need for greater vigilance by the level with clients to allow controversial trading pany) has procedures in place to verify the Securities and Exchange Commission to pre- as a way to control the improper practice. This fund’s net asset value and that there is com- vent continued practices by fund managers bothers me. Favoritism to big investors and pliance with these procedures. Net asset val- and others that enrich favored individuals and violating ethical and legal codes rob the aver- ues are determined daily. Given the inde- groups at the expense of the majority of mu- age investor who depends on their invest- pendent fund director’s relationship to those tual-fund shareholders. ments for costs such as education and retire- who do daily pricing, independent directors I do understand that there are concerns ment. There is a lot at stake and the reforms would be hard pressed to comfortably provide about some parts of the bill, including a provi- addressed in this legislation will help prevent the certifications required. I have additional sion that would authorize an increase in the future investor betrayals. This bill addresses concern about how independent directors of fees charged for redemption of fund shares, the recent market scandals and makes addi- the mutual fund could certify that investors re- presumably as a way to reduce the likelihood tional necessary reforms to the mutual fund in- ceive front-end load sales discounts when nei- of some transactions that would have adverse dustry, and I would like to highlight just a few. ther the fund nor their investment manager effects on other shareholders. First, to address recent scandals in the mu- knows the identity of the investors or how to I have heard from people in Colorado who tual fund industry, the manager’s amendment communicate with them. This is often the case think that the costs to shareholders of such will explicitly ban sort term trading by fund in- when funds are sold by third party inter- fee increases would outweigh its benefits, and siders and permit funds to charge more than mediaries. I am also concerned about lan- I think they make some good points in support the current maximum 2 percent redemption guage that requires the independent directors of that view. fee to discourage all market timers. Second, to to certify that mutual fund share classes are However, my understanding is that while the prevent market timing trades, made possible designed in the interests of investors and are bill would authorize such fee increases, it does by stale pricing, the manager’s amendment di- reasonably appropriate investment options. Di- not mandate them. And, on balance, I think rects the SEC to clarify rules regarding mutual rectors of the fund should not be asked to as- the potentially adverse effects of this provision funds’ obligation to apply fair value pricing. sume the role of financial adviser to an inves- are outweighed by the desirable changes to Third, the manager’s amendment also ad- tor. current law that would be made by other parts dresses late trading. Late trading is not only Another significant concern relates to inde- of the bill. an improper advantage for large fund inves- pendent fund director approval and certifi- So, I will vote for the bill as a necessary first tors, it is illegal. Late trading has allowed cation of portfolio manager compensation. step to respond to a real and urgent problem. some big fund investors to take advantage of This chips away at the fundamental structure My hope is that it will be further refined as the the current day’s price on orders to buy or sell underlying the relationship between the mutual legislative process proceeds in the other body shares placed after the close of the New York fund and its investment management com- and possibly in conference. markets, when proper procedure would be to pany. As indicated, they are separate compa- Mr. CASTLE. Mr. Speaker, I rise today in carry out the orders at the following day’s nies. The independent fund directors negotiate support of H.R. 2420, the ‘‘Mutual Funds In- price. Some have likened this practice to ‘‘bet- and approve the investment management con- tegrity and Fee Transparency Act of 2003.’’ I ting today on yesterday’s horse race.’’ The tract on behalf of mutual fund investors. In this commend Chairman OXLEY and Subcommittee manager’s amendment directs the SEC to way, they control expenses for investors. They Chairman BAKER for continuing your work in issue rules to prevent late trading without hire out expert investment management and protecting American investors and I am proud disadvantaging those investors who use finan- can fire them if they don’t perform. It is inap- to play a role in addressing the problems in cial intermediaries such as broker-dealers and propriate for them to approve and certify ap- the mutual fund industry. Hearings in the Fi- 401(k) and pension plan administrators to pur- proval of compensation at another company. nancial Services Committee have enabled us chase fund shares.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\A19NO7.069 H19PT1 H11546 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Fourth, this legislation rightly increases the fund operating expenses, portfolio turnover vote in the affirmative today, and to work to requirement of independent board members rates and whether brokers receive extra finan- further improve the measure as it moves to- from one-half to two-thirds of total board mem- cial incentives to sell particular fund shares. ward enactment. bership and strengthens independence quali- And mutual fund corporate governance will be Mr. SHAYS. Mr. Speaker, I rise in support fications. A greater number of independent di- strengthened by requiring two thirds of all of the Mutual Funds Integrity and Fee Trans- rectors will increase protections of investors’ board directors be independent. parency Act. interest against those of directors whose inter- Mr. Speaker, I strongly support these impor- Mutual funds are based on trust. Every day, ests are tied to the success of their funds’ ad- tant reforms. I urge my colleagues to vote for America’s workers hand over their hard- visers. Fifth, the bill requires disclosure of bro- this legislation to help improve mutual fund earned money and trust mutual fund compa- kers’ conflicts of interest where they are paid disclosure; eliminate conflicts of interest, and nies to invest their savings for them. incentives to promote particular funds so that strengthen corporate governance. That trust has been severely damaged in re- investors can weigh sales incentives. Ms. MCCARTHY of Missouri. Mr. Speaker, I cent months, and I can only hope this harm is Finally, I am concerned about fees that mu- rise today to urge my colleagues to support not irreparable because mutual funds have tual fund investors face. I understand that mu- H.R. 2420 and remove any question that U.S. played an important role in democratizing our tual fund companies feel there is a need for mutual funds are a sound investment. ‘‘The stock markets. certain fees, but these fees must be trans- Mutual Funds Integrity and Fee Transparency This isn’t Enron. It isn’t WorldCom. But it’s parent to investors. In many cases investors Act of 2003’’ is the product of hard work and just as bad because there are 95 million mu- choose ‘‘no-load’’ funds for their no fee struc- bipartisan cooperation to address concerns by tual fund investors in America and they’re ture, but hidden fees such as 12–(b)–1 fees investors in the wake of revelations this year being harmed. Mutual funds are one of the best ways for workers to plan for their retire- are often charged. I am pleased this legisla- of improprieties by irresponsible individuals in ments. It allows them to diversity their invest- tion would prohibit a fund from advertising as the mutual fund industry. ments and access the capital markets without a ‘‘no-load’’ fund if in fact the 12–(b)–1 fee is Today almost 100 million Americans invest having to become experts in individual stocks. charged. Furthermore, in an effort to enhance in stock and bond mutual funds through direct It allows them to build wealth in a way that transparency of fees, the bill requires that mu- holdings, 401(k) accounts, and through other was once reserved for the Rockefellers and tual funds disclose fees, in dollar amounts, on mechanisms. I am one of these investors. Mu- tual funds are a stellar success story, com- Kennedys. a hypothetical $1,000 investment, and further These investors are being defrauded by in- bining diversification of risk with the simplicity requires that this information not be buried in siders who trade, in the short term, their own of a single vehicle. Estimates are that mutual a prospectus. fund shares and trade even after the markets fund holdings today exceed $7 trillion dollars. Mr. Speaker, the House Financial Services close. For each dollar gained through these il- We must provide investors with the assur- Committee and Congress acted in the wake of legal activities, every other investor in these ances they need to continue to fuel the mutual the Enron and World Com scandals to protect funds loses, a result that goes against the fund engine. H.R. 2420 will protect investors investors. Today we are again being called on very nature of mutual funds. to protect the average American investor and by reforming the mutual fund industry in sev- The Financial Services Committee acted I urge my colleagues on both sides of the eral significant ways. Among the important quickly and reported out a good bill. The legis- aisle to join me in supporting this important provisions of this measure are rules to require lation before us today takes important steps in and very necessary legislation. greater transparency to investors as to the highlighting the growing cost of mutual fund Mr. PORTMAN. Mr. Speaker, I rise today in fees they are charged, and a new directive to fees and improving the accountability and in- strong support of H.R. 2420, the Mutual Funds the Securities and Exchange Commission to tegrity of mutual fund companies. Integrity and Fee Transparency Act, and con- conduct a study of transaction costs. In an equally important step, the bill in- gratulate Chairman OXLEY and Chairman This measure also correctly addresses the crease the requirement of independent board BAKER for bringing this needed legislation to issue of the objectivity of the mutual fund’s members from one-half to two-thirds and the House Floor so expeditiously. These crit- board of directors by requiring that two-thirds strengthens independence qualifications. I ical reforms will help to ensure that America’s of the directors be independent, a significant hope this provision leads to more independent 95 million mutual fund investors, representing increase from the current 40 percent require- directors who will be better able to protect in- a combined $7 trillion in assets, are reassured ment. vestors’ interest against those of directors and protected. I have a special interest in this I support H.R. 2420 and urge my colleagues whose interests are tied to the success of their issue because I have worked over the past to do the same. As the bill advances through funds’ advisers. eight years to strengthen 401(k) plans, many the legislative process it will undergo further I urge swift passage of this bill so that the of which are significantly invested in mutual changes, and I would recommend minor cor- Securities and Exchange Commission will funds. rections that will improve the functionality and have the tools it needs to right the mutual fund I am deeply concerned about the allegations efficacy of this measure. industry. In the meantime, I hope mutual fund of illegal mutual fund trading practices, includ- I encourage my colleagues to make certain companies heed this wake-up call and begin ing improper market timing and late trading. that we enact legislation that produces the to rebuild the trust they have squandered. There have also been reports that certain in- transparency that investors require yet does Mr. OSE. Mr. Speaker, I rise today in strong vestors, including large institutional investors, not become overly bureaucratic or burden- support of H.R. 2420, the Mutual Funds Integ- have been given preferential treatment, to the some to the mutual fund industry. For exam- rity and Fee Transparency Act of 2003. As a detriment and disadvantage of individual in- ple, the requirement in H.R. 2420 for the ap- Member of the Financial Services Committee vestors. Each day has brought news of addi- pointment of a Chief Compliance Officer I am proud to be an original cosponsor of leg- tional allegations, indicating that the abuse is should take into account that investment man- islation that makes significant and much need- widespread in the mutual fund industry. agement companies generally oversee several ed reforms to the mutual funds industry by im- Every investor is entitled to fair treatment. funds, and that each individual fund should not plementing measures to improve transparency Every investor should expect, and is indeed require a separate Chief Compliance Officer. on fund fees and practices, bolster oversight entitled, to expect that the mutual fund indus- Such a step would only add to the manage- abilities, address conflicts of interest and entry will place the interest of investors first. In ment costs of the funds which in turn will re- hance information provided to investors. H.R. fact, the Investment Company Act requires sult in higher costs to the investor. 2420 will strengthen the market by improving that mutual funds be organized, operated and We must also balance the much needed investor confidence and by giving investors managed in the interest of the funds’ share- protection given to whistleblowers in H.R. the necessary information to make more in- holders, not those of the fund directors, execu- 2420 with the legitimate needs of businesses formed investment decisions. tives or certain investors. to weed out poor performers. With hundreds In today’s climate, it seems one cannot pick H.R. 2420 provides key reforms. The bill will of funds to choose among, there is no lack of up a paper without reading about financial strengthen funds’ compliance with rules, by re- competition in the mutual fund industry, and scandals involving improper conduct involving quiring each fund a code of ethics and a chief when the success of a given fund is measured mutual funds. The actions of this body in compliance officer; ban short-term trading by in fractions the emphasis must be on getting passing this H.R. 2420 will mitigate the ad- insiders; allow higher fees to discourage short- results for the investor. Let us be certain to verse impact these recent scandals may have term trading; and eliminate conflicts of interest protect whistleblowers while not creating a on the market by reassuring American inves- in portfolio management. Investors will be pro- safe harbor for underachievers. tors that Congress and relevant regulatory vided with more information about fees, with Mr. Speaker, H.R. 2420 is worthy of our bodies are acting expeditiously to address additional disclosure required about estimated support, and again I urge my colleagues to shortfalls in industry practice and regulation.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A19NO7.073 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11547

I commend Chairman BAKER on his leader- H.R. 1813 Mr. Speaker, torture remains a cruel ship on this bill, with foresight he recognized Be it enacted by the Senate and House of Rep- weapon of choice for antidemocratic, loopholes in mutual fund regulation and even resentatives of the United States of America in dictatorial regimes around the globe. It before the current scandals surfaced worked Congress assembled, is used to silence opposition leaders hard to implement significant reforms to clarify SECTION 1. SHORT TITLE. and to suffocate political dissent. and codify rules on disclosure, improve trans- This Act may be cited as the ‘‘Torture Vic- Today, torture is commonplace and, parency, and increase oversight capabilities. tims Relief Reauthorization Act of 2003’’. sadly, systematic. In many countries SEC. 2. AUTHORIZATION OF APPROPRIATIONS around the globe, including the Peo- In the Subcommittee on Capital Markets, In- FOR DOMESTIC TREATMENT CEN- surance and Government Sponsored Enter- TERS FOR VICTIMS OF TORTURE. ple’s Republic of China, Cuba, and prises, where I serve as Vice-Chairman, (a) AUTHORIZATION OF APPROPRIATIONS.— many countries in Africa, the Middle Chairman BAKER has held a number of hear- Section 5(b)(1) of the Torture Victims Relief East, it is used to extract confessions. ings to examine this issue in a deliberate and Act of 1998 (22 U.S.C. 2152 note) is amended to It is used to humiliate, to punish. It is methodical manner, and I thank him for his read as follows: used to crush people’s souls and hearts dedication to this issue. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— and their bodies and to break them I would also like to recognize the leadership Of the amounts authorized to be appro- while they are in captivity. Torturers priated for the Department of Health and themselves, it turns out and is no sur- Chairman OXLEY has demonstrated in bringing Human Services for fiscal years 2004 and 2005, this bill to the floor today. His manager’s there are authorized to be appropriated to prise to any of us, are sadistic and amendment strengthen the existing bill and in carry out subsection (a) (relating to assist- cruel beyond imagination. the spirit of the H.R. 2420’s original intent, en- ance for domestic centers and programs for Mr. Speaker, even torturing a single, sure that mutual funds are contentious in their the treatment of victims of torture) carefully targeted individual can have fiduciary duty to investors. $20,000,000 for fiscal year 2004 and $25,000,000 a multiplier effect, sending a message Mutual funds have become more accessible for fiscal year 2005.’’. of fear throughout the entire commu- to increasing numbers of Americans over the (b) EFFECTIVE DATE.—The amendment nity and even across generations. For made by subsection (a) shall take effect Oc- example, the paralyzing effect of tor- years, and this has served the industry well. tober 1, 2003. ture is painfully clear in Turkmenistan Today 95 million individuals, comprising nearly SEC. 3. AUTHORIZATION OF APPROPRIATIONS half of all U.S. households, own mutual funds. FOR FOREIGN TREATMENT CENTERS where countless people have been tor- More Americans have a vested interest in the FOR VICTIMS OF TORTURE. tured, killed and disappeared in the success of these funds for the health of their (a) AUTHORIZATION OF APPROPRIATIONS.— wake of last year’s November 25 attack savings and pensions, and their increased in- Section 4(b)(1) of the Torture Victims Relief on President Niyazov’s motorcade. volvement also is symbolic of the trust they Act of 1998 (22 U.S.C. 2152 note) is amended to We see it throughout China, espe- read as follows: have in the integrity of the system. It is imper- cially regarding people who are part of ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ative that we do not let the American mutual the Falun Gong. Hundreds of them Of the amounts authorized to be appro- have been tortured to death simply be- investors down by failing to resolve these priated for fiscal years 2004 and 2005 pursuant issues. to chapter 1 of part I of the Foreign Assist- cause of their expression of their con- Mr. Speaker, this bill is an important and ance Act of 1961, there are authorized to be science in that religious expression. We necessary step in restoring American investor appropriated to the President to carry out see it with the Buddhists and others. trust into the mutual fund industry. I applaud section 130 of such Act (relating to assist- We see it with the Catholics in the un- ance for centers in foreign countries and pro- the leadership Chairman BAKER and Chairman derground church in China where, grams for the treatment of victims of tor- OXLEY have shown on this bill, and thank again, these individuals are routinely ture) $11,000,000 for fiscal year 2004 and and through incredible harshness tor- them for their service on behalf of American $12,000,000 for fiscal year 2005.’’. investors. I yield back the remainder of my tured. (b) EFFECTIVE DATE.—The amendment I point out to my colleagues that time. made by subsection (a) shall take effect Oc- Mr. OXLEY. Mr. Speaker, I yield tober 1, 2003. even after a dictatorial regime has fallback the balance of our time. SEC. 4. AUTHORIZATION OF APPROPRIATIONS en, as it has in Iraq, the impact of tor- The SPEAKER pro tempore (Mr. SIM- FOR THE UNITED STATES CON- ture can be felt for years. Leaders are TRIBUTION TO THE UNITED NA- MONS). The question is on the motion broken and lost. There is a profound TIONS VOLUNTARY FUND FOR VIC- lack of trust in public institutions, in offered by the gentleman from Ohio TIMS OF TORTURE. (Mr. OXLEY) that the House suspend Of the amounts authorized to be appro- the police and in courts. Unless we find the rules and pass the bill, H.R. 2420, as priated for fiscal years 2004 and 2005 pursuant a way to understand and to heal the amended. to chapter 3 of part I of the Foreign Assist- legacy of torture people will be unable The question was taken. ance Act of 1961, there are authorized to be to work with each other to rebuild The SPEAKER pro tempore. In the appropriated to the President for a vol- their nation. Individuals who are tor- opinion of the Chair, two-thirds of untary contribution to the United Nations tured, who carry around both psycho- Voluntary Fund for Victims of Torture those present have voted in the affirm- logically and in their person that leg- $6,000,000 for fiscal year 2004 and $7,000,000 for acy, very often suffer post-traumatic ative. fiscal year 2005. Mr. OXLEY. Mr. Speaker, on that I stress disorder, one of the worst expres- The SPEAKER pro tempore. Pursu- sions or manifestations or legacies of demand the yeas and nays. ant to the rule, the gentleman from The yeas and nays were ordered. that torture. Unless we are able to heal New Jersey (Mr. SMITH) and the gen- The SPEAKER pro tempore. Pursu- or provide or facilitate that healing, tleman from California (Mr. LANTOS) ant to clause 8 of rule XX and the these people are literally walking time each will control 20 minutes. bombs, and we will find it hard both in Chair’s prior announcement, further The Chair recognizes the gentleman proceedings on this motion will be these countries and the emigre commu- from New Jersey (Mr. SMITH). postponed. nity to build institutions that will not GENERAL LEAVE fail. f Mr. SMITH of New Jersey. Mr. I think many Members will be sur- Speaker, I ask unanimous consent that prised to learn that in the United TORTURE VICTIMS RELIEF all Members may have 5 legislative States there are an estimated 500,000 REAUTHORIZATION ACT OF 2003 days within which to revise and extend torture survivors, most of whom came Mr. SMITH of New Jersey. Mr. their remarks and include extraneous to the United States as refugees. Speaker, I move to suspend the rules material on the bill that is under con- Worldwide, while it is impossible to and pass the bill (H.R. 1813) to amend sideration. count the actual number, Amnesty the Torture Victims Relief Act of 1998 The SPEAKER pro tempore. Is there International has documented torture to authorize appropriations to provide objection to the request of the gen- in 150 countries. So we know the num- assistance for domestic and foreign tleman from New Jersey? ber is in the millions. centers and programs for the treat- There was no objection. The Torture Victims Relief Reau- ment of victims of torture, and for Mr. SMITH of New Jersey. Mr. thorization Act before the body today other purposes, as amended. Speaker, I yield myself such time as I provides $20 million to the Department The Clerk read as follows: may consume. of Health and Human Services to assist

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.077 H19PT1 H11548 CONGRESSIONAL RECORD — HOUSE November 19, 2003 treatment programs in the United also gather forensic evidence that can truth that governments worldwide con- States for fiscal 2004 and $25 million for be used to improve the capability of tinue to torture their citizens with im- fiscal year 2005. those documenting and seeking redress punity. Exact figures are difficult to Mr. Speaker, in spite of these num- from the practice of torture. come by, but Amnesty International bers, and this is an increase over the To help meet the needs of victims estimates that some 117 countries, previous year’s, the number of sur- around the globe, I would remind my more than half of the countries on the vivors seeking treatment in U.S. cen- colleagues that the U.N. established a face of this planet, still practice tor- ters funded through this legislation has fund back in 1981, and before we passed ture on their own citizens. steadily increased. The word is getting our first act, the United States’ con- Pakistan, Guatemala, Zimbabwe, and out that one can go to these centers tribution to that fund was only in the China consistently rank high on this and get treatment, and the process, hundreds of thousands. We have now grim and despicable list. In some na- very often a lifelong process of healing, pushed that number to $5 million, and tions, the governments themselves can begin. this legislation would increase it to $7 carry out the torture. In some, they We found, or there has been a finding million; and hopefully that, too, will be condone its use by the nation’s polit- I should say, that when the centers part of the fix to help mitigate the suf- ical machinery. first opened there were about 935 peo- fering endured by torture victims. The ramifications of torture prac- ple who were helped in 1999 as a result This is a good bill. I hope my col- tices are beyond the realm of the com- of the legislation we passed then. That leagues will support it. I want to thank prehension of normal human beings. jumped to 1,550 clients served in 2000 to the gentleman from California (Mr. Torture leaves no victim unscarred. It 2,579 in 2001. We now know that there LANTOS), my good friend and colleague effectively shapes the remainder of his are some 3,664 clients that have gotten and the ranking member of the com- or her life. Torture survivors need psy- services at a cost of about $3,500 per mittee, who is the chief cosponsor and chological and physical therapy to cope client in fiscal year 2002. With the addi- has worked with us hand in glove in with the post-traumatic stress that af- tional funding that we contemplate crafting this legislation. I especially flicts them every single day. that this bill would authorize, it is es- want to thank the gentleman from Illi- b 1300 timated that U.S. centers would have nois (Mr. HYDE), our good friend and Recovering from torture, Mr. Speak- the capacity and the ability to serve an colleague, the chairman of our comer, is a long-term process. It can take additional 2,800 survivors per year. mittee, for his leadership on this very years before torture survivors can once Torture treatment centers provide a unrecognized and very below-most-peo- again feel emotionally stable and com- range of services, Mr. Speaker, includ- ple’s-radar-screens issue. They often fortable in their own society. ing medical exams, lab tests, psycho- say torture victims, what are we talk- Mr. Speaker, it sometimes just takes logical and psychiatric screening eval- ing about, and yet they are in our one individual to stand strong against uations, psychiatric medication, indi- midst. They are suffering. They need the darkness of human rights viola- vidual, group and family therapy, and help. This legislation provides at least tions. The torture victims treatment crisis counseling. some help. center community is fortunate to have In addition, the network of treat- Mr. Speaker, I reserve the balance of such a person in my wife’s and my good ment centers already in the U.S., and my time. friend, Dr. Inge Genefke, of Copen- we know this, needs to be expanded; Mr. LANTOS. Mr. Speaker, I yield hagen, Denmark. and I would point out to my colleagues myself such time as I may consume, Dr. Genefke started her work for tor- there are a number of large cities with and I rise in strong support of this leg- ture victims as cofounder of the Danish large emigre communities with torture islation. Medical Group of Amnesty Inter- victims who are not being served in Mr. Speaker, the Torture Victims Re- national 30 years ago. She observed places like Miami, New Orleans, Hous- lief Reauthorization Act of 2003 ensures during the treatment of torture vic- ton, Dallas, Atlanta, Cleveland, St. that our Nation continues to play a tims that the physical wounds of those Louis, Kansas City, Salt Lake City, leadership role in combatting one of lucky enough to survive torture heal and Seattle. Hopefully, as a result of the most despicable of all human rights with time, but the trauma of her cli- this reauthorization and the subse- violations, the use of torture around ents lingered on much longer. quent appropriations, money will be the globe. In 1982, Dr. Genefke started a multi- made available to craft or to establish I was very pleased to join with the disciplinarian treatment approach in- those centers that are so vitally needed gentleman from New Jersey (Mr. tegrating physical and psychological in those cities. SMITH), my good friend and distin- treatment. Her work has been utilized The Torture Victims Relief Reau- guished colleague, in sponsoring this by torture victim treatment centers thorization Act also authorizes $11 mil- measure. I would like to commend the across the globe, dramatically improv- lion in U.S. funds for the Agency for gentleman from New Jersey (Mr. ing the treatment of torture victims in International Development to support SMITH) for his long-standing leadership scores of countries. foreign treatment centers in 2004 and on this issue, and I want to congratu- An estimated half a million foreign $12 million in fiscal year 2005. This is a late him for all of his work to support torture survivors reside in the United modest increase from the $10 million the heroic endeavors of all clinics States, and we estimate that about 100 we first authorized in 1999; and, of around the world in the treatment of million live worldwide. There are now course, the need is much more than victims of torture. He is in the fore- 250 treatment centers for torture vic- that, but at least this is an attempt to front of every single issue relating to tims internationally, with the sole pur- try to meet some of that need. human rights, and he has carried the pose of providing crucial services to USAID’s Victims of Torture Fund, I ball on this issue as well. survivors of torture. In our own coun- would point out to my colleagues, ad- On June 26, 1945, Mr. Speaker, the try, the Center for Victims of Torture ministers treatment programs in 26 United Nations charter was signed, in- in Minnesota was the first of its kind countries in Latin America, Africa, augurating the global fight for human in the United States and the third tor- Asia, the Near East, and in Europe. rights. On the same day, 42 years later, ture victims center in the world, and I Last year, the fund supported approxi- the United Nations convention against want to pay tribute to my friend and mately 45 treatment programs. Non- torture came into force, declaring the colleague, the gentlewoman from Min- governmental organizations that re- depravity of torture and affirming the nesota (Ms. MCCOLLUM), for her leader- ceive this funding provide a direct equal and inalienable rights of all ship role in connection with this im- service to survivors, to their families members of the human family. In 1998, portant center. and communities. They strengthen the the United Nations declared June 26 an These centers are among those fund- capacity of country-based institutions international day in support of torture ed through the Torture Victims Relief to deliver services to survivors and in- victims. Act, and their work is the only hope crease the level of knowledge and un- Mr. Speaker, despite the work that for people who have endured torture. I derstanding about the needs of torture has been done on the international urge all of my colleagues to support victims. These treatment centers can front to prevent torture, it is a grim our legislation, H.R. 1813.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.088 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11549 Mr. Speaker, I reserve the balance of enter society and lead positive, produc- who have suffered from torture. These my time. tive lives. The U.S. can be proud of the are people who need help, and this leg- Mr. SMITH of New Jersey. Mr. leadership we have shown in working islation will provide that additional as- Speaker, I reserve the balance of my to heal the victims of torture. Our sistance. It is the right thing to do. time. country is a leader in the rehabilita- I want to thank the gentleman from Mr. LANTOS. Mr. Speaker, I am de- tion programs and continues to work California (Mr. LANTOS), who has been lighted to yield 4 minutes to the gen- to prevent torture around the globe. a leader in this Congress on so many tlewoman from Minnesota (Ms. MCCOL- The world community should con- human rights issues in so many dif- LUM), my good friend and distinguished tinue to look to the United States for ferent ways. He has really, I think, pro- colleague, who has been a leader on all leadership because in the struggle of vided the moral compass for this Con- human rights issues, including the torture, the American people have an- gress to take up many of these very plight of torture victims. swered the call. Torture relief is pro- important issues. So I applaud all of Ms. MCCOLLUM. Mr. Speaker, I rise viding hope and opportunity for vic- his efforts in this regard. today to acknowledge the valuable tims and families. The treatment is Mr. Speaker, I agree with the gen- work that is being done to aid victims working, but there is more that can be tleman from California on his assess- of torture and in strong support of the done. This legislation will double the ment of the gentleman from New Jer- Torture Victims Relief Reauthoriza- current support for our Nation’s treat- sey (Mr. SMITH), who is the chairman of tion Act of 2003. I commend my col- ment centers, ensuring hope and oppor- our Helsinki Commission. I have had leagues, the gentleman from New Jer- tunity for victims to receive the care the honor of being the ranking Demo- sey (Mr. SMITH), the ranking member, that they need. crat, and our commission has put a the gentleman from California (Mr. This legislation also creates a part- very high focus on the issues of tor- LANTOS) and the gentleman from Illi- nership by increasing funding for for- ture. And, quite frankly, we do not nois (Mr. HYDE) for this important eign treatment centers and strength- care whether the country has good re- piece of legislation, and I commend the ening our commitment to the United lationships with us or not. If they use leadership of the House for bringing Nations Voluntary Fund for Victims of torture, it is wrong, and we are going this bill to the floor today. Torture. This bill sends a strong mes- to bring it to the international commu- Mr. Speaker, Minnesota is the home sage to the international community nity’s attention, and we are going to do for the Center for the Victims of Tor- that treating victims of torture is a everything we can in order to make ture, a world renowned treatment cen- priority and that we welcome the sup- sure it does not occur. ter for the healing of torture victims. port of our like-minded friends around I have a list here of all the different When the center opened in 1985, it be- the globe. hearings and briefings we have had on came the first of its kind in the United Mr. Speaker, in closing, I would like our commission, and you will see the States and the third treatment center to say that torture is a crime against country list, unfortunately, is very in the entire world. And right now the humanity, unacceptable at any time by long. It includes many countries. We center is putting the final touches on a any nation, and any nation that tor- have put a spotlight and I think we second clinic in St. Paul, Minnesota. In tures or tolerates torture is not truly have done a lot of good in slowing down fact, this new clinic is only a few free. Any government that silently wit- the use of torture and making it clear blocks from my home, and my neigh- nesses the horrors of torture or hears that there will be a price to pay if you bors and I welcome the center and the screams of the victims but does not use torture in your country. their tireless commitment to serve tor- act contributes to this oppressive, in- This legislation basically extends our ture victims. humane crime that extinguishes the es- role, to make it clear that the United Mr. Speaker, the use of torture is a sence of our human dignity. States will continue to be a leader on tool of intimidation, and the oppres- Today, this Congress has an oppor- this issue internationally by doing sion continues to take place in more tunity to speak with one voice for what we can here domestically, as well than 120 countries worldwide. It is esti- those who have suffered the unimagi- as internationally, to aid the victims mated that one-third of the world’s 12 nable and continue to suffer. The mes- of torture. I am pleased that it signifi- million refugees are victims of torture. sage is clear and simple: Support this cantly increases the dollars that will Many victims of torture are commu- bill. And I encourage my colleagues to be made available for our treatment nity leaders, those individuals who not only support the legislation, but to programs here in the United States, as stand up and speak out for social help fund this legislation. well as our participation internation- change, political and religious change. Mr. LANTOS. Mr. Speaker, I yield ally. The victims are often teachers, stu- myself such time as I may consume to The gentlewoman from Minnesota dents, journalists, trade union orga- thank my friend from Minnesota for (Ms. MCCOLLUM) mentioned the first nizers, human rights activists, or elect- her eloquent and powerful statement. center in the United States in Min- ed leaders, and they represent people of Mr. Speaker, I am delighted to yield nesota, and she is very proud of the all ages, social classes, and religious such time as he may consume to the role that was played by her State and beliefs. gentleman from Maryland (Mr. herself, through her leadership, on this Groups that sanction and sponsor and CARDIN), a fighter for human rights and issue. I am pleased there is an organi- commit torture focus on these leaders the distinguished ranking member of zation in my district, the Advocates for because they want to inflict terror, in- the Helsinki Commission, the most Survivors of Torture and Trauma that timidation and fear on entire commu- successful international entity work- aids victims of torture. Since 2000, the nities because torture is about control. ing for human rights. number of people that have sought as- Frequently, the aim of this brutality is Mr. CARDIN. Mr. Speaker, let me sistance in this center has tripled. not to kill the victim, but to break thank the gentleman for yielding me That is an indication of the problem their will. In many instances, doctors this time and just associate myself that we are confronting in being a and medical personnel participate dur- with the comments that he has made, country that is willing to take people ing the torture sessions to ensure that that the gentlewoman from Minnesota who have to flee other countries be- the victim will not die. The victims are (Ms. MCCOLLUM) has made and those cause of persecution, and now we have humiliated, crippled, traumatized and that the gentleman from New Jersey a responsibility to bring them back then returned to their communities as (Mr. SMITH) has made. I think we are fully within our society. The funding of a brutal message of intimidation to all in agreement that the United these centers will help to do that. It is others. States must continue its leadership the right thing to do. Without these Once a person has been tortured, role in the international community to additional funds in my community, it their life has been fundamentally condemn in the strongest possible way would take over a month to get an ap- changed. But there is hope. Through the use of torture and to be a leader in pointment. We hope this money will this bill, thousands of torture victims rehabilitating those victims of torture. speed up the opportunity to seek and living in the United States will receive We are talking about the physical be able to receive the appropriate type the care that they need to heal and re- and mental rehabilitation of people of assistance.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.066 H19PT1 H11550 CONGRESSIONAL RECORD — HOUSE November 19, 2003 The bottom line is this is an impor- the first center in the United States and only Minnesota is home to about 14,000 victims tant bill. It is going to help people and the third in the entire world. of torture, and there are some 400,000 victims will continue our commitment to fight Freedom from torture is a universal and fun- of torture in our country. Even though people torture and to be a player in rehabili- damental human right. Yet torture continues to are becoming increasingly aware of the issue tating the lives of those who have suf- take place in more than 120 countries world- of torture, support and treatment for the vic- fered from the use of torture. I encour- wide. It is estimated that one-third of the tims have often been lacking. age all of colleagues to support this world’s 12 million refugees are victims of tor- That’s where the center, with its excellent legislation. ture. Politicians, journalists, teachers, stu- leadership, comes in. We in Minnesota have Mr. LANTOS. Mr. Speaker, I yield dents, religious leaders, trade union and learned much, and now we want to bring that myself such time as I may consume to human rights activists are all targets. The aim leadership, and the path-breaking work of the thank my friend for his powerful and of torture is not to kill the victim, but to break center, to the rest of the country. significant statement. down the victim’s personality. Crippled, trau- Mr. Speaker, this important legislation pro- Mr. Speaker, I have no additional re- matized, and humiliated, the victims are re- vides support for Minnesota’s Center for Vic- quests for time, and I yield back the turned to their communities as a warning to tims of Torture and will enable our world-re- balance of my time. others. nowned Center to continue providing rehabili- Mr. SMITH of New Jersey. Mr. Torture is fundamentally a political weapon, tation and other critical services to victims of Speaker, I yield myself 1 minute to employed by repressive regimes to shape cul- torture. thank my friends and colleagues for tures through fear. For over a decade, what All Minnesotans can be proud of our Center their very strong statements and their the clients in Minnesota have taught us, as for Victims of Torture, which helps victims of passion on this issue. well as victims from over 70 other nations of torture recover from their horrific pain, suf- The gentleman from Maryland (Mr. the world, is that torture: fering and scars. CARDIN), who is the ranking Democrat Targets leadership of the opposition, to Mr. Speaker, the issues of torture and on the Helsinki Commission, we work snuff out creativity and emerging movements, human rights have finally penetrated the glob- together. There is no division. There is which may threaten the regimes corrupt hold al consciousness, and I urge my colleagues to no air between our shoulders as we pro- on society; support passage of this important legislation. mote human rights in general and the Sends a message of fear throughout the Mr. SMITH of New Jersey. Mr. elimination, or a zero tolerance policy network of that leader’s family and community Speaker, I have no further requests for towards torture within the OSCE. of followers and admirers. As a bishop from time, and I yield back the balance of There are 55 countries that make up Africa once said about the meaning of torture, my time. the OSCE. At the parliamentary as- the message is clear: ‘‘If they’ll do this to me, The SPEAKER pro tempore (Mr. semblies and with bilateral meetings what will they do to my flock?’’ SHIMKUS). The question is on the mo- and with country visits, we bring this In Minnesota we have also learned how tion offered by the gentleman from issue up. We bring it up with the heads traumas of this severity and scale have a New Jersey (Mr. SMITH) that the House of state, we go to gulags, like the gen- trans-generational effect, shaping the health, suspend the rules and pass the bill, tleman from Virginia (Mr. WOLF), who the hopes and the aspirations of future gen- H.R. 1813, as amended. is also a member of our commission, erations. The question was taken; and (two- and we do all that we can to stop tor- Because of these significant and predictable thirds having voted in favor thereof) ture in the first place. effects, torture is the most effective weapon the rules were suspended and the bill, But as this bill seeks to do, there are against democracy. Even after a dictatorial re- as amended, was passed. victims, they number in the millions, gime has fallen, as it has in Iraq, we can ex- A motion to reconsider was laid on and their needs are not being cared for pect that the impact of torture will be felt for the table. in many instances, especially overseas. generations: leadership broken and lost; their f The lucky ones make it here as families and communities still frightened and ANNOUNCEMENT BY THE SPEAKER emigres and as asylum seekers, and we disengaged from public life; a profound lack of PRO TEMPORE have to make sure that both domesti- trust in public institutions, police, and courts; a cally and internationally, we try to lesson in forced political apathy learned and The SPEAKER pro tempore. Pursu- mitigate that enormous pain and the lived out every day. ant to clause 8 of rule XX, proceedings nightmares they carry with them. As There are more than 500,000 torture sur- will resume on motions to suspend the we know from our hearings and from vivors in the United States alone—refugees rules, and on the motion to instruct our site visits from talking to these and asylum seekers who have fled repressive conferees postponed yesterday. Votes victims, maybe they cannot be cured regimes. In recent years, there has been a will be taken in the following order: fully and completely, but the pain can dramatic increase in the number of victims of H.R. 1006, by the yeas and nays; be eliminated to a great extent, and torture seeking help at U.S. rehabilitation cen- House Concurrent Resolution 320, by they can develop coping mechanisms ters. In the U.S. there are 34 rehabilitation the yeas and nays; and the like in order to deal with it centers and programs joined together under H.R. 3491, by the yeas and nays; and live a more normal life despite the the National Consortium of Torture Treatment And the motion to instruct on H.R. 1, fact that they have suffered so Programs, which was first started by the Cen- by the yeas and nays. horrifically. ter for Victims of Torture in Minnesota. The first electronic vote will be con- So I want to thank my friends and I have seen leadership restored and people ducted as a 15-minute vote. The re- colleagues. And again, the gentleman made whole after they have received care at maining electronic votes will be con- from California (Mr. LANTOS), who CVT. Restoring a torture survivor to full health ducted as 5-minute votes. knows this personally, who is a Holo- has a lasting benefit for the entire community. f caust survivor and is always out front Former clients of CVT are now public school b 1315 on human rights. It is always great to teachers, small business owners, nurses, doc- work as a teammate with him. And, tors and more. I would like to commend CVT CAPTIVE WILDFIRE SAFETY ACT again, I thank the gentleman from for their tireless work on behalf of torture vic- The SPEAKER pro tempore (Mr. Maryland for his kinds words, as well tims in the U.S. and worldwide, and encour- SHIMKUS). The unfinished business is as my friend and colleague from Min- age my colleagues to support the reauthoriza- the question of suspending the rules nesota, I want to thank her as well. tion of the Torture Victims Relief Act. and passing the bill, H.R. 1006, as Mr. SABO. Mr. Speaker, I rise today to ac- Mr. RAMSTAD. Mr. Speaker, I am pleased amended. knowledge the important work that is being to rise in strong support of H.R. 1813, the Tor- The Clerk read the title of the bill. done to aid victims of torture, and to reempha- ture Victims Relief Authorization Act. The SPEAKER pro tempore. The size my support for the reauthorization of the I am especially proud that the first Center question is on the motion offered by Torture Victims Relief Act, TVRA. for Victims of Torture in the United States is the gentleman from Maryland (Mr. Minneapolis, Minnesota, is home to the located in Minnesota. Minnesota’s Center for GILCHREST) that the House suspend the United States first comprehensive torture treat- Victims of Torture is certainly one of the pre- rules and pass the bill, H.R. 1006, as ment center, the Center for Victims of Torture, mier centers for torture survivors in the entire amended, on which the yeas and nays CVT. When CVT opened in 1985 they were world. are ordered.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.067 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11551 The vote was taken by electronic de- Neugebauer Rogers (MI) Stupak EXPRESSING THE SENSE OF CON- Ney Rohrabacher Sweeney vice, and there were—yeas 419, nays 0, Northup Ros-Lehtinen Tancredo GRESS REGARDING THE IMPOR- not voting 15, as follows: Norwood Ross Tanner TANCE OF MOTORSPORTS Nunes Rothman Tauscher [Roll No. 634] Nussle Roybal-Allard Tauzin The SPEAKER pro tempore. The un- YEAS—419 Oberstar Royce Taylor (MS) finished business is the question of sus- Obey Ruppersberger Taylor (NC) pending the rules and agreeing to the Abercrombie Delahunt Janklow Olver Rush Terry concurrent resolution, H. Con. Res. 320. Ackerman DeLauro Jefferson Ortiz Ryan (OH) Thomas Aderholt DeLay Jenkins Osborne Ryan (WI) Thompson (CA) The Clerk read the title of the con- Akin DeMint John Ose Ryun (KS) Thompson (MS) current resolution. Alexander Deutsch Johnson (CT) Otter Sabo Thornberry The SPEAKER pro tempore. The Allen Diaz-Balart, L. Johnson (IL) Owens Sanchez, Linda Tiahrt Baca Diaz-Balart, M. Johnson, E. B. Oxley T. Tiberi question is on the motion offered by Bachus Dicks Johnson, Sam Pallone Sanchez, Loretta Tierney the gentlewoman from Florida (Ms. Baird Dingell Jones (NC) Pascrell Sanders Toomey ROS-LEHTINEN) that the House suspend Baker Doggett Jones (OH) Pastor Sandlin Towns Baldwin Dooley (CA) Kanjorski Paul Saxton Turner (OH) the rules and agree to the concurrent Ballenger Doolittle Kaptur Payne Schakowsky Turner (TX) resolution, H. Con. Res. 320, on which Barrett (SC) Doyle Keller Pearce Schiff Udall (CO) the yeas and nays are ordered. Bartlett (MD) Dreier Kelly Pelosi Schrock Udall (NM) This will be a 5-minute vote. Barton (TX) Duncan Kennedy (MN) Pence Scott (GA) Upton Bass Dunn Kennedy (RI) Peterson (MN) Scott (VA) Van Hollen The vote was taken by electronic de- Beauprez Edwards Kildee Peterson (PA) Sensenbrenner Velazquez vice, and there were—yeas 414, nays 0, Becerra Ehlers Kilpatrick Petri Serrano Visclosky not voting 20, as follows: Bell Emanuel Kind Pickering Sessions Vitter Bereuter Emerson King (IA) Pitts Shadegg Walden (OR) [Roll No. 635] Berkley Engel King (NY) Platts Shaw Walsh YEAS—414 Berman English Kingston Pombo Shays Wamp Berry Eshoo Kirk Pomeroy Sherman Waters Abercrombie Cole Goss Biggert Etheridge Kleczka Porter Sherwood Watson Ackerman Cooper Granger Bilirakis Evans Kline Portman Shimkus Watt Aderholt Costello Graves Bishop (GA) Everett Knollenberg Price (NC) Shuster Waxman Akin Cox Green (TX) Bishop (UT) Farr Kolbe Pryce (OH) Simmons Weiner Alexander Cramer Green (WI) Blackburn Fattah Kucinich Putnam Simpson Weldon (FL) Allen Crane Greenwood Blumenauer Feeney LaHood Quinn Skelton Weldon (PA) Baca Crenshaw Grijalva Blunt Ferguson Lampson Radanovich Slaughter Weller Bachus Crowley Gutierrez Boehlert Filner Langevin Rahall Smith (MI) Wexler Baird Culberson Gutknecht Boehner Flake Lantos Ramstad Smith (NJ) Whitfield Baker Cummings Hall Bonilla Foley Larsen (WA) Rangel Smith (TX) Wicker Baldwin Cunningham Harman Bonner Forbes Larson (CT) Regula Snyder Wilson (NM) Ballenger Davis (AL) Harris Bono Ford Latham Rehberg Solis Wilson (SC) Barrett (SC) Davis (CA) Hart Boozman Fossella LaTourette Renzi Souder Wolf Bartlett (MD) Davis (FL) Hastings (FL) Boswell Frank (MA) Leach Reyes Spratt Woolsey Barton (TX) Davis (TN) Hastings (WA) Boucher Franks (AZ) Lee Reynolds Stark Wu Bass Davis, Jo Ann Hayes Boyd Frelinghuysen Levin Rodriguez Stearns Wynn Beauprez Davis, Tom Hayworth Bradley (NH) Frost Lewis (CA) Rogers (AL) Stenholm Young (AK) Becerra Deal (GA) Hefley Brady (PA) Gallegly Lewis (GA) Rogers (KY) Strickland Young (FL) Bell DeFazio Hensarling Brady (TX) Garrett (NJ) Lewis (KY) Bereuter DeGette Herger Brown (OH) Gerlach Linder NOT VOTING—15 Berkley Delahunt Hill Brown (SC) Gibbons Lipinski Berman DeLauro Hinchey Andrews Davis (IL) Isakson Brown, Corrine Gilchrest LoBiondo Berry DeLay Hinojosa Ballance Fletcher Menendez Brown-Waite, Gillmor Lofgren Biggert DeMint Hobson Bishop (NY) Gephardt Moran (VA) Ginny Gonzalez Lowey Bilirakis Deutsch Hoeffel Collins Gingrey Smith (WA) Burgess Goode Lucas (KY) Bishop (GA) Diaz-Balart, L. Hoekstra Cubin Hobson Sullivan Burns Goodlatte Lucas (OK) Bishop (UT) Diaz-Balart, M. Holden Burr Gordon Lynch ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Blackburn Dicks Holt Burton (IN) Goss Majette Blumenauer Dingell Honda Buyer Granger Maloney The SPEAKER pro tempore (Mr. Blunt Doggett Hooley (OR) Calvert Graves Manzullo SHIMKUS) (during the vote). Members Boehlert Dooley (CA) Hostettler Camp Green (TX) Markey are advised that 2 minutes remain in Boehner Doolittle Houghton Cannon Green (WI) Marshall this vote. Bonilla Doyle Hoyer Cantor Greenwood Matheson Bonner Dreier Hulshof Capito Grijalva Matsui Bono Duncan Hunter Capps Gutierrez McCarthy (MO) b 1336 Boozman Dunn Hyde Capuano Gutknecht McCarthy (NY) Boswell Edwards Inslee Cardin Hall McCollum Mr. STUPAK changed his vote from Boucher Ehlers Israel Cardoza Harman McCotter ‘‘nay’’ to ‘‘yea.’’ Boyd Emanuel Issa Carson (IN) Harris McCrery Bradley (NH) Emerson Istook Carson (OK) Hart McDermott So (two-thirds having voted in favor Brady (PA) Engel Jackson (IL) Carter Hastings (FL) McGovern thereof) the rules were suspended and Brady (TX) English Jackson-Lee Case Hastings (WA) McHugh the bill, as amended, was passed. Brown (OH) Eshoo (TX) Castle Hayes McInnis Brown (SC) Etheridge Janklow Chabot Hayworth McIntyre The result of the vote was announced Brown, Corrine Evans Jenkins Chocola Hefley McKeon as above recorded. Brown-Waite, Everett John Clay Hensarling McNulty A motion to reconsider was laid on Ginny Farr Johnson (CT) Clyburn Herger Meehan Burgess Fattah Johnson (IL) Coble Hill Meek (FL) the table. Burns Feeney Johnson, E. B. Cole Hinchey Meeks (NY) Stated for: Burr Ferguson Johnson, Sam Conyers Hinojosa Mica Mr. MORAN of Virginia. Mr. Speaker, on Burton (IN) Filner Jones (NC) Cooper Hoeffel Michaud rollcall No. 634 I was unavoidably detained. Buyer Flake Jones (OH) Costello Hoekstra Millender- Calvert Foley Kanjorski Cox Holden McDonald Had I been present, I would have voted ‘‘yea.’’ Camp Forbes Kaptur Cramer Holt Miller (FL) Mr. MENENDEZ. Mr. Speaker, on rollcall Cannon Ford Keller Crane Honda Miller (MI) No. 634, I was unavoidably detained in traffic. Cantor Fossella Kelly Crenshaw Hooley (OR) Miller (NC) Capito Frank (MA) Kennedy (MN) Crowley Hostettler Miller, Gary Had I been present, I would have voted ‘‘yea.’’ Capps Frelinghuysen Kennedy (RI) Culberson Houghton Miller, George Capuano Frost Kildee Cummings Hoyer Mollohan f Cardin Gallegly Kilpatrick Cunningham Hulshof Moore Cardoza Garrett (NJ) Kind Davis (AL) Hunter Moran (KS) Carson (IN) Gerlach King (IA) Davis (CA) Hyde Murphy ANNOUNCEMENT BY THE SPEAKER Carson (OK) Gibbons King (NY) Davis (FL) Inslee Murtha PRO TEMPORE Case Gilchrest Kingston Davis (TN) Israel Musgrave Castle Gillmor Kirk Davis, Jo Ann Issa Myrick The SPEAKER pro tempore. Pursu- Chabot Gingrey Kleczka Davis, Tom Istook Nadler ant to clause 8 of rule XX, the remain- Chocola Gonzalez Kline Deal (GA) Jackson (IL) Napolitano Clay Goode Knollenberg DeFazio Jackson-Lee Neal (MA) der of this series will be conducted as 5- Clyburn Goodlatte Kolbe DeGette (TX) Nethercutt minute votes. Coble Gordon Kucinich

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.069 H19PT1 H11552 CONGRESSIONAL RECORD — HOUSE November 19, 2003 LaHood Nussle Shays NATIONAL MUSEUM OF AFRICAN Lewis (CA) Ose Sherman Lampson Oberstar Sherman AMERICAN HISTORY AND CUL- Lewis (GA) Otter Sherwood Langevin Olver Sherwood Lewis (KY) Owens Shimkus Lantos Ortiz Shimkus TURE ACT Linder Oxley Shuster Larsen (WA) Osborne Lipinski Pallone Shuster The SPEAKER pro tempore. The un- Simmons Larson (CT) Ose Simmons LoBiondo Pascrell Simpson Latham Otter Simpson finished business is the question of sus- Lofgren Pastor Skelton LaTourette Owens Skelton pending the rules and passing the bill, Lowey Payne Slaughter Leach Oxley Slaughter H.R. 3491. Lucas (KY) Pearce Smith (NJ) Lee Pallone Smith (NJ) Lucas (OK) Pelosi Smith (TX) Levin Pascrell Smith (TX) The Clerk read the title of the bill. Lynch Pence Snyder Lewis (CA) Pastor Snyder The SPEAKER pro tempore. The Majette Peterson (MN) Solis Lewis (GA) Paul Solis Maloney Peterson (PA) Souder Lewis (KY) Payne question is on the motion offered by Manzullo Petri Souder Spratt Linder Pearce the gentleman from Ohio (Mr. NEY) Markey Pickering Spratt Stark Lipinski Pelosi Marshall Pitts Stark that the House suspend the rules and Stearns LoBiondo Pence Matheson Platts Stearns pass the bill, H.R. 3491, on which the Stenholm Lowey Peterson (MN) Matsui Pombo Stenholm Strickland Lucas (KY) Peterson (PA) yeas and nays are ordered. McCarthy (MO) Pomeroy Strickland Stupak Lucas (OK) Petri This will be a 5-minute vote. McCarthy (NY) Porter Sweeney Lynch Pickering Stupak McCollum Portman Sweeney The vote was taken by electronic de- Tancredo Majette Pitts McCotter Price (NC) Tanner Maloney Platts Tancredo vice, and there were—yeas 409, nays 9, McCrery Pryce (OH) Tanner Tauscher Manzullo Pombo not voting 16, as follows: McDermott Putnam Tauzin Markey Pomeroy Tauscher McGovern Quinn Taylor (MS) Marshall Porter Tauzin [Roll No. 636] McHugh Radanovich Terry Matheson Portman Taylor (MS) McInnis Rahall YEAS—409 Thomas Matsui Price (NC) Taylor (NC) McIntyre Ramstad Thompson (CA) McCarthy (MO) Pryce (OH) Terry Abercrombie Costello Green (WI) McKeon Rangel Thompson (MS) McCarthy (NY) Putnam Thomas Ackerman Cox Greenwood McNulty Regula Thornberry McCollum Quinn Thompson (CA) Aderholt Cramer Grijalva Meehan Rehberg Tiahrt McCotter Radanovich Thompson (MS) Alexander Crane Gutierrez Meek (FL) Renzi Tiberi McCrery Rahall Thornberry Allen Crenshaw Gutknecht Meeks (NY) Reyes Tierney McDermott Ramstad Tiahrt Baca Crowley Hall Menendez Reynolds Toomey McGovern Rangel Tiberi Bachus Culberson Harman Mica Rodriguez Towns McHugh Regula Tierney Baird Cummings Harris Michaud Rogers (AL) Turner (OH) McInnis Rehberg Toomey Baker Cunningham Hart Millender- Rogers (KY) Turner (TX) McIntyre Renzi Towns Baldwin Davis (AL) Hastings (FL) McDonald Rogers (MI) Ballenger Davis (CA) Udall (CO) McKeon Reyes Turner (OH) Hastings (WA) Miller (FL) Rohrabacher Barrett (SC) Davis (FL) Hayes Udall (NM) McNulty Reynolds Turner (TX) Miller (MI) Ros-Lehtinen Bartlett (MD) Davis (TN) Hayworth Upton Meehan Rogers (AL) Udall (CO) Miller (NC) Ross Barton (TX) Davis, Jo Ann Hefley Van Hollen Meek (FL) Rogers (KY) Udall (NM) Miller, Gary Rothman Bass Davis, Tom Hensarling Velazquez Meeks (NY) Rogers (MI) Upton Miller, George Roybal-Allard Beauprez Deal (GA) Herger Visclosky Menendez Rohrabacher Van Hollen Mollohan Royce Mica Ros-Lehtinen Becerra DeFazio Hill Moore Ruppersberger Vitter Velazquez Bell DeGette Hinchey Walden (OR) Michaud Ross Visclosky Moran (KS) Rush Millender- Rothman Bereuter Delahunt Hinojosa Moran (VA) Ryan (OH) Walsh Vitter Berkley DeLauro Hobson Wamp McDonald Roybal-Allard Walden (OR) Murphy Ryan (WI) Miller (FL) Royce Berman DeLay Hoeffel Waters Walsh Murtha Ryun (KS) Miller (MI) Ruppersberger Berry DeMint Hoekstra Musgrave Sabo Watson Wamp Miller (NC) Rush Biggert Deutsch Holden Myrick Sanchez, Linda Watt Waters Miller, Gary Ryan (OH) Bilirakis Diaz-Balart, L. Holt Nadler T. Waxman Watson Miller, George Ryan (WI) Bishop (GA) Diaz-Balart, M. Honda Napolitano Sanchez, Loretta Weiner Watt Mollohan Ryun (KS) Bishop (UT) Dicks Hooley (OR) Neal (MA) Sanders Weldon (FL) Waxman Moore Sabo Blackburn Dingell Hostettler Nethercutt Sandlin Weldon (PA) Moran (KS) Sanchez, Linda Weiner Blumenauer Doggett Hoyer Neugebauer Saxton Weller Moran (VA) T. Weldon (FL) Blunt Dooley (CA) Hulshof Ney Schakowsky Wexler Murphy Sanchez, Loretta Weldon (PA) Boehlert Doolittle Hunter Northup Schiff Whitfield Murtha Sanders Weller Boehner Doyle Hyde Norwood Schrock Wicker Musgrave Sandlin Wexler Bonilla Dreier Inslee Nunes Scott (GA) Wilson (NM) Myrick Saxton Whitfield Bonner Duncan Israel Nussle Scott (VA) Wilson (SC) Nadler Schiff Wicker Bono Dunn Issa Oberstar Serrano Wolf Napolitano Schrock Wilson (NM) Boozman Edwards Istook Obey Sessions Woolsey Neal (MA) Scott (GA) Wilson (SC) Boswell Ehlers Jackson (IL) Olver Shadegg Wu Nethercutt Scott (VA) Wolf Boucher Emanuel Jackson-Lee Ortiz Shaw Wynn Neugebauer Sensenbrenner Woolsey Boyd Emerson (TX) Osborne Shays Young (AK) Ney Serrano Wu Bradley (NH) Engel Janklow Northup Sessions Wynn Brady (PA) English Jefferson NAYS—9 Brady (TX) Eshoo Jenkins Norwood Shadegg Young (AK) Akin Johnson, Sam Sensenbrenner Nunes Shaw Young (FL) Brown (OH) Etheridge Johnson (CT) Brown (SC) Evans Johnson (IL) Coble Jones (NC) Smith (MI) Flake Paul Taylor (NC) NOT VOTING—20 Brown, Corrine Everett Johnson, E. B. Brown-Waite, Farr Jones (OH) NOT VOTING—16 Andrews Davis (IL) Obey Ginny Fattah Kanjorski Ballance Fletcher Rodriguez Burgess Feeney Kaptur Andrews Fletcher Larson (CT) Bishop (NY) Franks (AZ) Schakowsky Burns Ferguson Keller Ballance Gephardt Smith (WA) Carter Gephardt Smith (MI) Burr Filner Kelly Bishop (NY) Houghton Sullivan Collins Isakson Smith (WA) Burton (IN) Foley Kennedy (MN) Collins Isakson Young (FL) Conyers Jefferson Sullivan Buyer Forbes Kennedy (RI) Cubin John Cubin Lofgren Calvert Ford Kildee Davis (IL) Kirk Camp Fossella Kilpatrick ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cannon Frank (MA) Kind ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (during Cantor Franks (AZ) King (IA) The SPEAKER pro tempore (Mr. the vote). Members are advised that 2 Capito Frelinghuysen King (NY) Capps Frost Kingston SHIMKUS) (during the vote). Members minutes remain in this vote. Capuano Gallegly Kleczka are advised there are 2 minutes remain- Cardin Garrett (NJ) Kline ing in this vote. Cardoza Gerlach Knollenberg b 1344 Carson (IN) Gibbons Kolbe Carson (OK) Gilchrest Kucinich b 1351 So (two-thirds having voted in favor Carter Gillmor LaHood thereof) the rules were suspended and Case Gingrey Lampson So (two thirds having voted in favor the concurrent resolution was agreed Castle Gonzalez Langevin thereof) the rules were suspended and to. Chabot Goode Lantos Chocola Goodlatte Larsen (WA) the bill was passed. The result of the vote was announced Clay Gordon Latham The result of the vote was announced as above recorded. Clyburn Goss LaTourette as above recorded. Cole Granger Leach A motion to reconsider was laid on Conyers Graves Lee A motion to reconsider was laid on the table. Cooper Green (TX) Levin the table.

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.014 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11553 MOTION TO INSTRUCT CONFEREES NAYS—218 OVERSEAS PRIVATE INVESTMENT ON H.R. 1, MEDICARE PRESCRIP- Aderholt Gilchrest Otter CORPORATION AMENDMENTS TION DRUG AND MODERNIZA- Akin Gillmor Oxley ACT OF 2003 Bachus Gingrey Paul TION ACT OF 2003 Baker Goode Pearce Mr. BEREUTER. Mr. Speaker, I move The SPEAKER pro tempore. The un- Ballenger Goodlatte Pence to suspend the rules and pass the Sen- Barrett (SC) Goss Peterson (MN) ate bill (S. 1824) to amend the Foreign finished business is the question on the Bartlett (MD) Granger Peterson (PA) motion to instruct conferees on the Barton (TX) Graves Petri Assistance Act of 1961 to reauthorize bill, H.R. 1. Bass Green (WI) Pickering the Overseas Private Investment Cor- Beauprez Greenwood Pitts poration, and for other purposes. The Clerk will designate the motion. Bereuter Gutknecht Platts Biggert Harris Pombo The Clerk read as follows: The Clerk designated the motion. Bilirakis Hart Porter S. 1824 The SPEAKER pro tempore. The Bishop (UT) Hastings (WA) Portman Be it enacted by the Senate and House of Rep- Blackburn Hayes Pryce (OH) resentatives of the United States of America in question is on the motion to instruct Blunt Hayworth Putnam offered by the gentlewoman from Ne- Boehner Hefley Quinn Congress assembled, vada (Ms. BERKLEY) on which the yeas Bonilla Hensarling Radanovich SECTION 1. SHORT TITLE. and nays are ordered. Bonner Herger Ramstad This Act may be cited as the ‘‘Overseas Bono Hobson Regula Private Investment Corporation Amend- This will be a 5-minute vote. Boozman Hoekstra Rehberg ments Act of 2003’’. Bradley (NH) Hostettler Renzi The vote was taken by electronic de- Brady (TX) Houghton Reynolds SEC. 2. ISSUING AUTHORITY. vice, and there were—yeas 203, nays Brown (SC) Hulshof Rogers (AL) Section 235(a)(2) of the Foreign Assistance 218, not voting 13, as follows: Brown-Waite, Hunter Rogers (KY) Act of 1961 (22 U.S.C. 2195(a)(2)) is amended Ginny Hyde Rogers (MI) by striking ‘‘November 1, 2000’’ and inserting [Roll No. 637] Burgess Issa Rohrabacher ‘‘2007’’. Burns Istook Ros-Lehtinen SEC. 3. TECHNICAL CORRECTIONS. YEAS—203 Burr Janklow Royce (a) ADMINISTRATIVE COSTS.—Section Abercrombie Hill Napolitano Burton (IN) Jenkins Ryan (WI) Ackerman Hinchey Neal (MA) Buyer Johnson (CT) Ryun (KS) 235(a)(1)(B) of the Foreign Assistance Act of Alexander Hinojosa Oberstar Calvert Johnson (IL) Saxton 1961 (22 U.S.C. 2195(a)(1)(B)) is amended by Allen Hoeffel Obey Camp Johnson, Sam Schrock striking ‘‘subsidy cost’’ and inserting ‘‘sub- Baca Holden Olver Cannon Keller Sensenbrenner sidy and administrative costs’’. Baird Holt Ortiz Cantor Kelly Sessions (b) NONCREDIT ACCOUNT REVOLVING FUND.— Baldwin Honda Owens Capito Kennedy (MN) Shadegg Section 235(c) of the Foreign Assistance Act Carter King (IA) Shaw Becerra Hooley (OR) Pallone of 1961 (22 U.S.C. 2195(c)) is amended— Bell Hoyer Castle King (NY) Shays Pascrell (1) in the first sentence— Berkley Inslee Pastor Chabot Kingston Sherwood Berman Israel Payne Chocola Kirk Shimkus (A) by striking ‘‘an insurance and guaranty Berry Jackson (IL) Pelosi Coble Kline Shuster fund, which shall have separate accounts to Bishop (GA) Jackson-Lee Pomeroy Cole Knollenberg Simmons be known as the Insurance Reserve and the Blumenauer (TX) Price (NC) Cox Kolbe Simpson Guaranty Reserve, which reserves’’ and in- Boehlert Jefferson Rahall Crane LaHood Smith (MI) serting ‘‘a noncredit account revolving fund, Boswell John Rangel Crenshaw Latham Smith (NJ) Culberson LaTourette which’’; and Boucher Johnson, E. B. Reyes Smith (TX) Cunningham Lewis (CA) Souder (B) by striking ‘‘such reserves have’’ and Boyd Jones (NC) Rodriguez Davis, Jo Ann Lewis (KY) Stearns inserting ‘‘of the fund has’’; Brady (PA) Jones (OH) Ross Davis, Tom Linder Tancredo Brown, Corrine Kanjorski Rothman (2) by striking the third sentence; and Deal (GA) LoBiondo Tauzin Capps Kaptur Roybal-Allard (3) in the last sentence, by striking ‘‘re- DeMint Lucas (OK) Taylor (NC) Capuano Kennedy (RI) Ruppersberger serves’’ and inserting ‘‘fund’’. Diaz-Balart, L. Manzullo Terry Cardin Kildee Rush (c) PAYMENTS TO DISCHARGE LIABILITIES.— Diaz-Balart, M. McCotter Thomas Cardoza Kilpatrick Ryan (OH) Doolittle McCrery Thornberry Section 235(d) of the Foreign Assistance Act Carson (IN) Kind Sabo Dreier McInnis Tiahrt of 1961 (22 U.S.C. 2195(d)) is amended— Carson (OK) Kleczka Sanchez, Linda Duncan McKeon Tiberi (1) in the first sentence, by striking ‘‘In- Case Kucinich T. Clay Lampson Dunn Mica Toomey surance Reserve, as long as such reserve’’ Sanchez, Loretta Clyburn Langevin Ehlers Miller (FL) Turner (OH) Sanders and inserting ‘‘noncredit account revolving Conyers Lantos Emerson Miller (MI) Upton Sandlin fund, as long as such fund’’; and Cooper Larsen (WA) English Miller, Gary Vitter Schakowsky (2) in the second sentence, by striking ‘‘or Costello Larson (CT) Everett Moran (KS) Walden (OR) Schiff under similar predecessor guaranty author- Cramer Leach Feeney Murphy Walsh Scott (GA) Crowley Lee Ferguson Musgrave Wamp ity’’ and all that follows through ‘‘sub- Scott (VA) Cummings Levin Flake Myrick Weldon (FL) section (f) of this section’’ and inserting ‘‘or Serrano Davis (AL) Lewis (GA) Foley Nethercutt Weldon (PA) 234(c) shall be paid in accordance with the Sherman Davis (CA) Lipinski Forbes Neugebauer Weller Federal Credit Reform Act of 1990’’. Skelton Davis (FL) Lofgren Fossella Ney Whitfield (d) AUTHORIZATION OF APPROPRIATIONS.— Davis (TN) Lowey Slaughter Franks (AZ) Northup Wicker Snyder Section 235(f) of the Foreign Assistance Act DeFazio Lucas (KY) Frelinghuysen Norwood Wilson (NM) of 1961 (22 U.S.C. 2195(f)) is amended— Solis Gallegly Nunes Wilson (SC) DeGette Lynch (1) in the first sentence, by striking ‘‘insur- Delahunt Majette Spratt Garrett (NJ) Nussle Wolf DeLauro Maloney Stark Gerlach Osborne Young (AK) ance and guaranty fund’’ and inserting ‘‘non- Deutsch Markey Stenholm Gibbons Ose Young (FL) credit account revolving fund’’; and Strickland (2) by striking ‘‘Insurance Reserve’’ each Dicks Marshall NOT VOTING—13 Dingell Matheson Stupak place it appears and inserting ‘‘noncredit ac- Doggett Matsui Sweeney Andrews Cubin Isakson count revolving fund’’. Tanner Ballance Davis (IL) Dooley (CA) McCarthy (MO) Smith (WA) (e) BOARD OF DIRECTORS.—Section 233(b) of Tauscher Bishop (NY) DeLay Doyle McCarthy (NY) Sullivan the Foreign Assistance Act of 1961 (22 U.S.C. Edwards McCollum Taylor (MS) Brown (OH) Fletcher Emanuel McDermott Thompson (CA) Collins Gephardt 2193(b)) is amended in the second paragraph— Engel McGovern Thompson (MS) (1) by striking ‘‘officials’’ and inserting Eshoo McHugh Tierney b 1409 ‘‘principal officers’’; Etheridge McIntyre Towns Mr. SMITH of New Jersey changed his (2) by inserting ‘‘whose duties relate to the Turner (TX) Evans McNulty vote from ‘‘yea’’ to ‘‘nay.’’ programs of the Corporation’’ after ‘‘Govern- Farr Meehan Udall (CO) ment of the United States’’; and Udall (NM) So the motion to instruct was re- Fattah Meek (FL) (3) by striking ‘‘an official’’ and inserting Filner Meeks (NY) Van Hollen jected. ‘‘one such officer’’. Ford Menendez Velazquez The result of the vote was announced Frank (MA) Michaud Visclosky as above recorded. SEC. 4. INVESTMENT INSURANCE. Waters Frost Millender- A motion to reconsider was laid on (a) EXPROPRIATION OR CONFISCATION.—Sec- Gonzalez McDonald Watson tion 234(a)(1)(B) of the Foreign Assistance Gordon Miller (NC) Watt the table. Act of 1961 (22 U.S.C. 2194(a)(1)(B)) is amend- Waxman Green (TX) Miller, George Stated against: ed by inserting ‘‘or any political subdivision Grijalva Mollohan Weiner Mr. SWEENEY. Mr. Speaker, please be ad- thereof’’ after ‘‘government’’. Gutierrez Moore Wexler vised that on the Berkley motion to instruct on Hall Moran (VA) Woolsey (b) DEFINITION OF EXPROPRIATION.—Section Harman Murtha Wu November 19, 2003, I inadvertently voted 238(b) of the Foreign Assistance Act of 1961 Hastings (FL) Nadler Wynn ‘‘yea’’ when my intent was to vote ‘‘nay.’’ (22 U.S.C. 2198(b)) is amended by inserting ‘‘,

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.075 H19PT1 H11554 CONGRESSIONAL RECORD — HOUSE November 19, 2003 a political subdivision of a foreign govern- which to revise and extend their re- Mr. Speaker, I reserve the balance of ment, or a corporation owned or controlled marks and include extraneous material my time. by a foreign government,’’ after ‘‘govern- on the bill under consideration. Mr. BEREUTER. Mr. Speaker, it is ment’’. The SPEAKER pro tempore. Is there my pleasure to yield such time as he SEC. 5. LOCAL CURRENCY GUARANTY. objection to the request of the gen- may consume to the distinguished gen- (a) LOCAL CURRENCY GUARANTY.—Section tleman from Nebraska? tleman from California (Mr. ROHR- 234 of the Foreign Assistance Act of 1961 (22 There was no objection. ABACHER), a member of the committee. U.S.C. 2194) is amended by adding at the end Mr. BEREUTER. Mr. Speaker, I yield Mr. ROHRABACHER. Mr. Speaker, I the following: ‘‘(h) LOCAL CURRENCY GUARANTIES FOR ELI- myself such time as I may consume. rise in support of S. 1824, a bill to reau- GIBLE INVESTORS.—To issue to— Mr. Speaker, I urge my colleagues to thorize funding for the Overseas Pri- ‘‘(1) eligible investors, or pass the bill before us this afternoon, vate Investment Corporation. I never ‘‘(2) local financial institutions, guaran- S. 1824, the Overseas Private Invest- supported OPIC in the past because, ties, denominated in currencies other than ment Corporation Amendments Act of until recently, what OPIC basically did United States dollars, of loans and other in- 2003. This bipartisan measure, which was provide insurance for Fortune 500 vestments made to projects sponsored by or passed the Senate on November 14 by corporations to invest overseas, and significantly involving eligible investors, as- unanimous consent, would extend the when those investments went belly up, suring against loss due to such risks and authority to the Overseas Private In- the American taxpayer picked up the upon such terms and conditions as the Cor- bill. OPIC was basically an ATM ma- poration may determine, for projects that vestment Corporation through Sep- the Corporation determines to have signifi- tember 30, 2007. chine for the Fortune 500. cant developmental effects or as the Cor- This action is necessary in light of Well, things are different now. poration determines to be necessary or ap- the fact that the authority for this im- Things are changing at OPIC for the propriate to carry out the purposes of this portant agency originally terminated better. title.’’. on September 30 of this year and that A new president, Dr. Peter Watson, is (b) DEFINITION OF LOCAL FINANCIAL INSTI- its continuation on an emergency basis in charge of OPIC, and OPIC funds are TUTION.—Section 238 of the Foreign Assist- expires at the end of this week. This now being channeled to business initia- ance Act of 1961 (22 U.S.C. 2198) is amended— Member, therefore, asks his colleagues tives that promote democracy and jus- (1) in subsection (d), by striking ‘‘and’’ to pass this bill so it can be sent to the tice and are in the interests of the after the semicolon; President and signed into law without American people. (2) in subsection (f), by striking the period One case of particular interest is that at the end and inserting ‘‘; and’’; and delay. Its provisions are identical to (3) by adding at the end the following: those contained in H.R. 3145 which was of Ethiopia. ‘‘(g) the term ‘local financial institution’— approved by voice vote by the Com- b 1415 ‘‘(1) means any bank or financial institu- mittee on International Relations on Ethiopia is a case of particular inter- tion that is organized under the laws of any September 25. est. Ethiopia is run today by leaders country or area in which the Corporation op- The OPIC Amendments Act of 2003 erates; but who are inclined towards war and who makes technical and conforming frequently violate the rights of honest ‘‘(2) does not include a branch, however or- changes to OPIC’s statutes, allows the ganized, of a bank or other financial institu- people whose property has been con- corporation to offer its investment in- tion that is organized under the laws of a fiscated by their government. Some of country in which the Corporation does not surance in several key markets, includ- these victims are U.S. citizens. One of operate.’’. ing acts of an entity owned or con- the victims is Mr. Berhane, my con- SEC. 6. OUTREACH TO MINORITY- AND WOMEN- trolled by a foreign government, per- stituent, and now a U.S. citizen. The OWNED BUSINESSES. mits the corporation to provide a guar- Berhane family is a very well-respected (a) IN GENERAL.—Section 240 of the Foreign antee of local currency loans made by family in Orange County. We all know Assistance Act of 1961 (22 U.S.C. 2200) is a locally-established bank in countries them and respect them as honest, hard- amended— without an established banking pres- working people. (1) in the first sentence, by striking ‘‘The ence, and directs the corporation to Corporation’’ and inserting: Mr. Berhane owned a successful en- collect data on the involvement of ‘‘(a) IN GENERAL.—The Corporation’’; and terprise in Ethiopia that was stolen, (2) by adding at the end the following: minority- and women-owned businesses confiscated by Ethiopia’s former Marx- ‘‘(b) OUTREACH TO MINORITY-OWNED AND in all of its projects. ist dictatorship. Although the current WOMEN-OWNED BUSINESSES.—The Corpora- This key development agency has regime in Ethiopia claims that such tion shall collect data on the involvement of compiled an impressive track record stolen property will be returned, they minority- and women-owned businesses in since its inception in 1971, supporting refuse to give the Berhane family back projects supported by the Corporation, in- U.S. investors in overseas markets in their business or offer just compensa- cluding— order to help our exporters. At the tion. ‘‘(1) the amount of insurance and financing same time, it has created more than Members of Congress and officials provided by the Corporation to such businesses in connection with projects supported 250,000 jobs in the U.S. and led to $64 from the executive branch have warned by the Corporation; and billion in U.S. exports. It operates on a the government of Ethiopia that this ‘‘(2) to the extent such information is self-sustaining basis, returning ap- issue is taken seriously; and it will, available, the involvement of such busi- proximately $200 million each year to therefore, have damaging repercussions nesses in procurement activities conducted the U.S. Treasury, and helps to support if this injustice to the Berhane family or supported by the Corporation. other key U.S. development programs. continues. The Corporation shall include, in its annual Members’ support of this measure Underscoring this new commitment report submitted to the Congress under sec- will ensure that OPIC continues to at OPIC, I have been informed that tion 240A, the aggregate data collected under play a developmental role in frontline OPIC will no longer consider any this paragraph, in such form as to quantify states such as Pakistan and Afghani- project for Ethiopia until this Amer- the effectiveness of the Corporation’s out- stan and will permit it to implement ican family is properly compensated reach activities to minority- and women- for their property, for their confiscated owned businesses.’’. investment and financing programs in Iraq at minimal cost to the American property. Let the government of Ethi- The SPEAKER pro tempore (Mr. taxpayer. Therefore, this Member urges opia be forewarned, this issue will not SHIMKUS). Pursuant to the rule, the support of this measure. stop here. We applaud OPIC today. gentleman from Nebraska (Mr. BEREU- Mr. Speaker, I reserve the balance of Funding for Ethiopia by multilateral TER) and the gentleman from Cali- my time. development banks and the United fornia (Mr. LANTOS) each will control The SPEAKER pro tempore. Without States Agency for International Devel- 20 minutes. objection, the gentlewoman from Ne- opment is in jeopardy. It will be called The Chair recognizes the gentleman vada (Ms. BERKLEY) will assume con- into question until Americans are from Nebraska (Mr. BEREUTER). trol of the time for the minority. treated fairly in Ethiopia and their GENERAL LEAVE There was no objection. just claims dealt with honestly. Mr. BEREUTER. Mr. Speaker, I ask Ms. BERKLEY. Mr. Speaker, I yield I applaud OPIC and call on those who unanimous consent that all Members myself such time as I may consume, run Ethiopia not to hurt their own peo- may have 5 legislative days within and I rise in strong support of S. 1824. ple for selfish reasons and to give the

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.019 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11555 Berhane family back its property. I (Mr. HYDE), for his willingness to work cerning OPIC’s projects and internal mecha- call on my colleagues to support this with us to address these concerns. The nisms. I look forward to re-engaging in this reauthorization of OPIC which is now report language we have agreed upon dialogue in the coming weeks and months. Additionally, with a view toward fully sup- reconforming itself to those noble prin- directs OPIC to establish a robust and porting our statutory mandates and enhanc- ciples which justified the creation of independent accountability mechanism ing the contribution provided to the Cor- OPIC in the beginning, and it is doing on these matters, which I strongly be- poration by the Board of Directors, I wanted so demonstrably in my district by lieve will help guarantee broad con- to inform the Committee that when a pri- standing up for this American family. gressional support for this important vate sector Director term expires, I am pre- So I am very proud to stand for the re- institution. pared to recommend to the Administration authorization of OPIC today. Mr. Speaker, this legislation has that a future private sector Director have, as part of that individual’s professional quali- The SPEAKER pro tempore (Mr. strong bipartisan support, as well as fications, substantial experience in advo- SHIMKUS). Without objection, the re- the support from environmental and cating for or managing regulatory compli- mainder of the time will be controlled labor groups. I urge all of my col- ance with environmental standards. by the gentleman from California (Mr. leagues to support OPIC’s reauthoriza- I deeply appreciate the bipartisan support LANTOS) for the minority. tion by voting in favor of this legisla- OPIC has received from the Committee over There was no objection. tion. the past year, and look forward to con- Mr. LANTOS. Mr. Speaker, I yield Mr. Speaker, before I close, I include tinuing to work with you and other members of the Committee in the future. myself such time as I might consume. for the RECORD two letters from OPIC Best regards, (Mr. LANTOS asked and was given President Watson to Chairman HYDE PETER S. WATSON, permission to revise and extend his re- and me that were crucial to our side’s President & CEO. marks, and include extraneous mate- support for this legislation. rial.) OVERSEAS PRIVATE OVERSEAS PRIVATE Mr. LANTOS. Mr. Speaker, I rise in INVESTMENT CORPORATION, INVESTMENT CORPORATION, strong support of S. 1824, the Overseas Washington, DC, October 30, 2003. Washington, DC, October 30, 2003. Private Investment Corporation Hon. HENRY HYDE, Hon. HENRY J. HYDE, Amendments Act of 2003. Chairman, Committee on International Rela- Chairman, Committee on International Rela- tions, House of Representatives, Wash- Mr. Speaker, I would first like to ex- tions, House of Representatives, Wash- ington, DC. ington, DC. press my deep appreciation to the gen- Hon. TOM LANTOS, Hon. TOM LANTOS, tleman from Illinois (Chairman HYDE), Ranking Member, Committee on International Ranking Member, Committee on International who once again demonstrated out- Relations, House of Representatives, Wash- Relations, House of Representatives, Wash- standing leadership in managing this ington, DC. ington, DC. all-encompassing, bipartisan com- DEAR CHAIRMAN HYDE AND CONGRESSMAN DEAR CHAIRMAN HYDE AND CONGRESSMAN mittee review of OPIC’s operations and LANTOS: As Congress prepares to conclude LANTOS: Thank you for your letter of Octo- management. action on legislation to reauthorize the ber 29, 2003. Let me say that I am deeply hon- Overseas Private Investment Corporation ored by your generous comments regarding On November 4 of this year, the Com- (OPIC), I wanted to affirm to you again my mittee on International Relations re- OPIC’s recent progress toward fulfilling its strong commitment to OPIC’s statutory developmental mission and important for- ported H.R. 3145, the identical com- mandates with regard to the environment. eign policy priorities. Cooperation with the panion bill to the legislation we are During my confirmation hearing before the Committee has been essential to OPIC’s suc- considering today. All of the language Senate Foreign Relations Committee in May cesses to date, and I look forward to con- in the committee’s report should be 2001, I said, ‘‘I support OPIC’s rejection of ap- tinuing our close cooperation with the Com- considered directly applicable to the plications for projects that pose major or un- mittee into the future. reauthorization we are voting on reasonable hazards to the environment, Your letter also referenced OPIC’s estab- health and safety. OPEC should continue to lishment of a separate Office of Investment today. support only environmentally responsible Mr. Speaker, OPIC has faced its share Policy and requested a summary of the func- development.’’ I believe that my actions and tions and policies of the new office in car- of controversy over many years. In par- decisions over the past two years in pro- rying out OPIC’s development mission, in- ticular, OPIC’s mission to support pri- moting environmentally sound development cluding worker rights. I am pleased to pro- vate investment in developing coun- have given substance to these words. vide the following to you in response. tries has sometimes seemed to be in Over this time, I have had the opportunity Prior to 2001, OPIC statutory review for en- conflict with its own statutory respon- to talk with members of the International vironmental, worker rights, human rights Relations Committee and Congressional and U.S. effects conditionalities were per- sibilities regarding loss of U.S. jobs and Committee staff concerning OPIC’s environ- the protection of the environment. formed in OPIC’s Financial Management and mental stewardship, and to discuss ways to Statutory Review Department (FMSR). The OPIC’s leadership recently has made make our program more accountable and Department fell under the responsibility of significant efforts to address these transparent. My meetings with Representa- the Vice President and Treasurer, which was issues. I want to commend Dr. Peter tive Earl Blumenauer have been particularly predominantly focused on the agency’s budg- Watson, the president and CEO of the valuable in this regard. et and accounting function. Overseas Private Investment Corpora- Based on these many discussions, I want to As this office did not give the priority tion, for his commitment to ensuring confirm to the Committee my intent, in con- needed to enforce its statutory responsibil- sultation with stakeholders, to create an ities, I set out to correct the situation by that OPIC complies with its statutory ‘‘accountability mechanism’’ at OPIC. mandate on environment and labor separating the budget and accounting func- Among other functions, it is my intention tions from the statutory review functions rights standards. that the mechanism will allow for a robust, when I assumed my responsibilities as Presi- The reauthorization package we have consistent and independent environmental dent & CEO in 2001. before us is sound. Not only does the evaluation of OPIC projects, policies and The result was a new Office of the Chief Fi- bill reauthorize OPIC through Sep- practices, ensuring that OPIC environmental nancial Officer, created to deal exclusively tember 30, 2007, but it reflects a com- program is the model for best practices in with budget and accounting activities. Con- prehensive, bipartisan compromise be- other bilateral and multilateral institutions, currently, I created the Office of Investment tween the committee, OPIC, and all of and that the agency continues to meet its Policy with the special responsibility for developmental goals in the most environ- OPIC’s environmental, U.S. effects, human its stakeholders. mentally responsible manner. I look forward rights and worker rights conditionalities, in- I am particularly pleased, Mr. Speak- to beginning this ambitious process in the tegrating all major statutory review func- er, that our package will address the coming weeks. tions into one department. concerns shared by many of my col- I also want to confirm to the Committee Accordingly, in creating an office headed leagues in recent years about the effec- my intent to continue the dialogue with by a new Vice President, consideration of tiveness of OPIC’s safeguards to ensure stakeholders on a ‘‘transparency’’ initiative. statutory review functions was for the first that its projects support the interests Among other functions, such an initiative is time elevated to the same level as OPIC’s of American workers, protect the glob- intended to ensure that stakeholders can product departments, Finance, Insurance more clearly see how OPIC is implementing and Investment Funds, with full voting al environment, and support human its statutory mandates and policy commit- rights in OPIC internal deliberative mecha- rights. ments concerning environmental steward- nisms. The result has been an overall ele- I want to thank my distinguished ship. This initiative would heighten trans- vation of and improvement in OPIC’s han- colleague, the gentleman from Illinois parency and information disclosure con- dling of its statutory conditionalities. Allow

VerDate jul 14 2003 04:04 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.082 H19PT1 H11556 CONGRESSIONAL RECORD — HOUSE November 19, 2003 me now to make a brief description of the forcement procedures are comprehensive, ef- As chairman of the Small Business Com- functions of the office: fective and transparent. I wish to assure the mittee, I am particularly pleased that under the Environment Committee of my strong personal interest current leadership of OPIC President and and involvement in this regard, and look for- OPIC is required by statute to conduct an CEO Peter Watson, OPIC has launched two environmental assessment of every project ward to sharing the results of our efforts with the Committee on a regular basis. significant initiatives to encourage greater use proposed for insurance or financing and to of OPIC’s programs by small business export- decline support for investment projects that, Future activities ers to fulfill the mandate contained in P.L. in OPIC’s judgment, would have an unrea- I would also take this opportunity to con- sonable or major adverse impact on the envi- firm to the Committee my intent, in con- 106–158 to expand OPIC’s small business ef- ronment, or on the health or safety in the sultation with stakeholders, to create an ac- forts. First, in July 2003, OPIC announced the host country. For most industrial sectors, countability mechanism at OPIC. Among establishment of a new department focusing OPIC expects projects to meet the more other functions, it is my intention that the on small and medium-size businesses. The stringent of World Bank or host-country en- mechanism will allow for a robust, con- Small and Medium Enterprise Department will vironmental, health and safety standards. sistent and independent evaluation of social, For projects in sectors designated as ‘‘envi- be responsible for OPIC’s Direct Loan pro- labor, human rights and transparency stand- gram, which provides financing to U.S. busi- ronmentally sensitive’’ a full Environmental ards of OPIC projects, policies and practices. Impact Assessment (EIA) must be submitted I also want to confirm to the Committee nesses with annual revenues under $250 mil- for OPIC’s review. As part of its review proc- my intent to continue the dialogue with lion. The Small Business Center will also be ess, OPIC lists every such project on OPIC’s stakeholders on a ‘‘transparency’’ initiative. part of the new department. Small businesses web site for a 60-day public comment period. Among other functions, such an initiative is looking to participate in the global marketplace U.S. effects intended to ensure that stakeholders can have unique requirements. Lack of resources OPIC supports only those projects that are more clearly see how OPIC is implementing to pursue opportunities abroad, concern over not likely to harm the U.S. economy or have its statutory mandates and policy commit- political risks, or the inability to find private ments concerning its stewardship of social, a negative effect on U.S. employment. Addi- sector support can prevent U.S. small busi- tionally, OPIC will not support ‘‘runaway labor and human rights issues. This initia- plants,’’ which substitute existing U.S. fa- tive would heighten transparency and infor- nesses from expanding overseas. The Small cilities with foreign plants to serve the same mation disclosure concerning OPIC’s Business Center at OPIC will help meet these markets. By statute, and consistent with projects and internal mechanisms. I look for- needs by providing financing and political risk overall U.S. government policy, OPIC does ward to re-engaging in this dialogue in the insurance to small businesses with annual rev- not participate in projects subject to per- coming weeks and months. enues of less than $35 million. formance requirements that would substan- In closing, I would like to express my ap- tially reduce the potential U.S. trade bene- preciation to the Committee for its support, Second, OPIC and a small business lender. fits of the investments. and I look forward to working with you in WorldBusiness Capital, Inc. (WBC) of Hart- Human rights the future. ford, Connecticut, in July 2003 entered into a Best regards, OPIC’s statute directs the agency to take historic cooperative agreement that will ex- PETER S. WATSON, human rights into account in the operation pand support for U.S. small businesses invest- President & CEO. of its programs and to operate its programs ing overseas and enhance the activities of consistent with the provisions of Section 116 Mr. Speaker, I yield back the balance OPIC’s Small Business Center. Under the of the Foreign Assistance Act. OPIC consults of my time. agreement, OPIC will provide loan guarantees the State Department’s Bureau for Democ- Mr. BEREUTER. Mr. Speaker, I for WBC projects pursuant to a risk-sharing ar- racy, Human Rights and Labor Affairs, thank the gentleman from California rangement. WBC will make loans with its own (DRL) with respect to each and every project (Mr. LANTOS) for his statement and for funds, and will continue to monitor and service considered for OPIC financing and insurance, the cooperation that he and other as well as downstream transactions under- each loan. WorldBusiness Capital, Inc. intends taken by OPIC supported investment funds. Members on his side of the aisle and to make OPIC-guaranteed loans of between No project commitment is concluded by the staff of both sides of the aisle have $250,000 and $10 million to U.S. small busi- OPIC until DRL has provided OPIC with its given us in the advancement of this nesses expanding into overseas markets. clearance on human rights. legislation to reauthorize OPIC. Hopefully, this private-public partnership will Worker rights Mr. Speaker, I urge all Members to set an example for other banks to enter into OPIC has the strongest worker rights man- support the reauthorization of this similar arrangements to publicize and maxi- date of any international financial institu- very worthy, important agency. mize the leverage of OPIC’s programs to tion, multilateral or bilateral. OPIC is pro- Mr. MANZULLO. Mr. Speaker, I rise in sup- small business exporters. Delegated authority hibited by statute from supporting projects port of the Overseas Private Investment Cor- lenders and preferred lenders are quite com- that contribute to violations of internation- poration Amendments Act of 2003 (S. 1824), ally recognized worker rights. What is mon programs at the Export-Import Bank of unique about OPIC’s statutory mandate is which will reauthorize the vital programs of the the United States and the Small Business Ad- that it operates on both the country eligi- Overseas Private Investment Corporation ministration. The same should hold true for bility and project levels. (OPIC) for another four years. As the author of OPIC. OPIC promotes worker rights on the coun- the previous OPIC reauthorization bill in 1999 try level by withholding eligibility for OPIC (P.L. 106–158), I am pleased to strongly en- Mr. Speaker, it is a privilege and honor for programs from countries that are excluded dorse S. 1824. me to support the Overseas Private Invest- from eligibility from the Generalized System Since 1971, OPIC-supported projects have ment Corporation Amendments Act of 2003. I of Preferences (GSP) on worker rights facilitated $145 billion worth of investments in commend my good friends, Chairman HENRY grounds, as well as other non-GSP countries HYDE of Illinois and ranking minority Member that fail to take steps to adopt and imple- hundreds of projects that have helped developing countries and emerging economies of TOM LANTOS of California of the House Inter- ment internationally recognized worker national Relations Committee for working so rights. On the project level, the mandate is the former East Bloc improve their standard of implemented through contractual obliga- living. In addition, OPIC-supported projects hard on this bill and bringing it to the floor in tions between OPIC and the companies OPIC have helped to create or sustain 254,000 a timely manner. My only regret is that my du- supports. These obligations incorporate host American jobs and $65 billion in exports; ex- ties on the Small Business Committee pre- country labor laws and International Labor panded economic development; encouraged vented me from taking a more active role in Organization (ILO) standards to ensure that political stability; and promoted free market re- the OPIC reauthorization process this time projects do not cause worker rights viola- forms around the world. around. I urge my colleagues to support S. tions. 1824. OPIC monitors worker rights in the field As an additional benefit, OPIC operates at and requires companies to promptly reme- no net cost to taxpayers by charging fees for Mr. THOMAS. Mr. Speaker, I submit two let- diate worker rights violations or face the de- its services. It has earned a profit in each year ters for the record with respect to S. 1824, fault and other legal remedies available of operations—$175 million in 2002—and built legislation to reauthorize the Overseas Private under OPIC’s authority. Looking to the fu- its substantial reserves to more than $4 billion. Investment Corporation (OPIC). These letters ture, OPIC hopes to work with stakeholders I wish every government agency operated like are a letter that I wrote to Dr. Peter S. Wat- to enhance compliance with internationally recognized worker rights. We also hope that OPIC by producing a profit for the taxpayer. son, President and CEO of OPIC, and the let- this process will improve due diligence, re- All of OPIC’s guaranty and insurance obliga- ter that I received from Dr. Watson in reporting and monitoring procedures providing tions are backed by OPIC’s own substantial sponse clarifying OPIC’s statutory obligations detailed, accurate and timely information on reserves and by the full faith and credit of the and existing practices with respect to issues worker rights, and concurrently, that en- U.S. Government. regarding worker rights.

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A19NO7.023 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11557 HOUSE OF REPRESENTATIVES, OPIC’s statutory obligations and current and agree to the resolution (H. Res. COMMITTEE ON WAYS AND MEANS, practice also require it to include language 423) recognizing the 5th anniversary of Washington, DC, November 18, 2003. in its contracts requiring eligible investors the signing of the International Reli- Hon. PETER S. WATSON, to observe the applicable laws of the recipi- gious Freedom Act of 1998 and urging a ent country. In all contracts which OPIC en- President and Chief Executive Officer, Overseas renewed commitment to eliminating Private Investment Corporation, Wash- ters into with eligible investors, OPIC in- ington, DC. cludes the following language, ‘‘The investor violations of the internationally recog- DEAR MR. WATSON: The House of Rep- agrees not to take actions to prevent em- nized right to freedom of religion and resentatives may soon consider H.R. 3145, ployees of the foreign enterprise from law- protecting fundamental human rights, legislation to reauthorize the operations of fully exercising their right of association as amended. the Overseas Private Investment Corpora- and their right to organize and bargain col- The Clerk read as follows: tion (OPIC) through September 30, 2007. It is lectively. The investor further agrees to ob- H. RES. 423 my understanding that nothing in this reau- serve applicable laws relating to a minimum Whereas the people of the United States thorization would alter in any way OPIC’s age for the employment of children, accept- enjoy and respect the freedom of religion and statutory obligations or existing practices able conditions of work with respect to min- believe that the fundamental rights of all in- with respect to issues regarding worker imum wages, hours of work, and occupa- dividuals shall be recognized; rights. I request that you provide the Com- tional health and safety, and not to use Whereas fundamental human rights, in- mittee, in writing, with confirmation of this forced labor. The investor is not responsible cluding the right to freedom of thought, con- understanding and a complete summary of under this paragraph for the actions of a for- science, and religion, are protected in nu- any and all of OPIC’s existing statutory obli- eign government.’’ (22 U.S.C. 2191a(a)(1)). merous international agreements and dec- gations and practices with regards to worker Best regards, larations; rights. PETER S. WATSON, Whereas religious freedom is a funda- I look forward to hearing from you. President & CEO. Best regards, mental human right and all people are enti- Mr. BLUMENAUER. Mr. Speaker, I support tled to believe, practice, and worship accord- BILL THOMAS, ing to their conscience; Chairman. the reauthorization of the Overseas Private In- vestment Corporation (OPIC) and the impor- Whereas the right to freedom of religion is expressed in the Declaration on the Elimi- OVERSEAS PRIVATE tant role it plays in assisting emerging markets nation of All Forms of Intolerance and Dis- INVESTMENT CORPORATION, in developing countries and promoting U.S. crimination Based on Religion or Belief, Washington, DC, November 18, 2003. exports, which creates jobs here at home. adopted and proclaimed by the United Na- Hon. WILLIAM M. THOMAS, OPIC’s operations and activities have sup- tions General Assembly Resolution 36/55 of Chairman, Committee on Ways and Means, ported over 250,000 U.S. jobs and produced November 22, 1981; the Helsinki Accords; the House of Representatives, Washington, DC. International Covenant on Civil and Polit- DEAR CHAIRMAN THOMAS: Thank you for $64 billion of U.S. exports. your letter of November 18, 2003. Your letter With this important role comes a responsi- ical Rights, done at New York on December referenced H.R. 3145, legislation to reauthor- bility to ensure that projects promoted by 16, 1966, and entered into force March 23, 1976; ize the operations of ah Overseas Private In- OPIC uphold adequate environmental, labor, the United Nations Charter; and the Uni- vestment Corporation (OPIC) through Sep- and human rights standards, I am pleased that versal Declaration of Human Rights, adopted and proclaimed by the United Nations Gen- tember 30, 2007, and it requested both a con- OPIC is taking steps to ensure this responsi- firmation that nothing in this reauthoriza- eral Assembly Resolution 217(A)(III) of De- bility is upheld. The Report accompanying this cember 10, 1984; tion would alter in any way OPIC’s statutory legislation outlines the International Relations Whereas the freedom for all individuals to obligations or existing practices with respect adopt, believe, worship, observe, teach, and to issues regarding worker rights and a sum- Committee’s expectation that OPIC continue practice a religion individually or collec- mary of such existing statutory obligations its work towards implementing an ‘‘account- tively has been explicitly articulated in Ar- and practices. ability mechanism’’ and ‘‘transparency initia- OPIC shares your understanding that H.R. tive.’’ ticle 18 of the Universal Declaration of 3145 would not alter in any way OPIC’s statu- The accountability mechanism should be in Human Rights and Article 18(1) of the Inter- tory obligations or existing practices with national Covenant on Civil and Political the form of an independent position within Rights; respect to issues regarding worker rights. On OPIC that evaluates and reports on environ- Whereas religious persecution is not con- the country level, under current law and mental, social, labor and human rights im- fined to a country, a region, or a regime; but OPIC practice, OPIC ‘‘may insure, reinsure whereas all governments should provide and guarantee, or finance a project only if the pacts. The transparency initiative should make protect religious liberty; country in which the project is to be under- certain that interested stakeholders have ap- Whereas much of the world’s population is taken is taking steps to adopt and imple- propriate access to information concerning continually denied or restricted in the right ment laws that extended internationally rec- OPIC’s projects. This level of transparency will to believe or practice their faith; ognized workers rights’’ to workers in that strengthen OPIC’s programs and policies. Whereas religious persecution often in- country, unless ‘‘the President determines I expect this Congress and the International cludes confinement, separation, humiliation, that such activities by OPIC would be in the Relations Committee to monitor OPIC’s rape, enslavement, forced conversion, im- national economic interests of the United progress towards these initiatives through prisonment, torture, and death; States.’’ (22 U.S.C. 2191a(a)). Whereas October 27, 2003, marks the 5th an- In addition, OPIC is prohibited from pro- hearings and reports. I look forward to contin- niversary of the signing of the International viding ‘‘assistance for any program, project, ued dialogue with OPIC on these issues to Religious Freedom Act of 1998 (22 U.S.C. 6401 or activity that contributes to the violation strengthen the link between economic devel- et seq.), creating the Office of International of internationally recognized worker rights’’ opment, and environmental and social Religious Freedom in the Department of of workers in the recipient country. (Sec. 533 progress. State and the United States Commission on of the Consolidated Appropriations Resolu- Mr. BEREUTER. Mr. Speaker, I yield International Religious Freedom and result- tion, 2003.) In this context, ‘‘internationally back the balance of my time. ing in a greater awareness of religious perse- recognized worker rights’’ means ‘‘the right The SPEAKER pro tempore. The cution both in the United States and abroad; of association; the right to organize and bar- question is on the motion offered by and gain collectively; [and] a prohibition on the the gentleman from Nebraska (Mr. BE- Whereas the United States recognizes the use of any form of forced or compulsory need for additional domestic and inter- labor.’’ Sec. 507(4) of the Trade Act of 1974 (19 REUTER) that the House suspend the national attention and action to promote re- U.S.C. 2467(4)). ‘‘Internationally recognized rules and pass the Senate bill, S. 1824. ligious liberty: Now, therefore, be it worker rights’’ also includes ‘‘a minimum The question was taken; and (two- thirds having voted in favor thereof) Resolved, That the House of Representa- age for the employment of children, and a tives— prohibition on the worst forms of child labor the rules were suspended and the Sen- (1) recognizes the 5th anniversary of the . . .; and acceptable conditions of work with ate bill was passed. signing of the International Religious Free- respect to minimum wages, hours of work, A motion to reconsider was laid on dom Act of 1998 (22 U.S.C. 6401 et seq.); and and occupational safety and health’’ (Sec. the table. (2) urges a renewed commitment to elimi- 507(4) of the Trade Act of 1974) to the extent f nating violations of the internationally rec- ‘‘commensurate with the level of develop- ognized right to freedom of religion and pro- ment of the recipient country and sector,’’ RECOGNIZING THE 5TH ANNIVER- tecting fundamental human rights. and in a manner that ‘‘shall not preclude as- SARY OF THE SIGNING OF THE sistance for the informal sector in such The SPEAKER pro tempore. Pursu- INTERNATIONAL RELIGIOUS ant to the rule, the gentleman from country, micro and small-scale enterprise, FREEDOM ACT OF 1998 and smallholder agriculture.’’ (See 533 of the New Jersey (Mr. SMITH) and the gen- Consolidated Appropriations Resolution, Mr. SMITH of New Jersey. Mr. tleman from California (Mr. LANTOS) 2003. Speaker, I move to suspend the rules each will control 20 minutes.

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.081 H19PT1 H11558 CONGRESSIONAL RECORD — HOUSE November 19, 2003 The Chair recognizes the gentleman bright light in some of the darkest cor- of religion does not exist and that non-Muslim from New Jersey (Mr. SMITH). ners of the world. I commend them, en- groups are not allowed to worship in public, Mr. SMITH of New Jersey. Mr. courage their continued work on behalf and risk being detained, imprisoned, tortured, Speaker, I yield such time as he may of the oppressed and persecuted people or deported. Conversion form Islam to another consume to the gentleman from Vir- around the globe. religion is punishable by death. ginia (Mr. WOLF), the author of this Mr. Speaker, Article 18 of the Universal Vietnam—Buddhist, Protestants, Catholics legislation 5 years ago, a very hard- Declaration of Human Rights states: and minority groups suffer intense persecution working chairman of the Sub- ‘‘Everyone has the right to freedom of at the hands of brutal communist rulers. committee on Commerce, Justice, thought, conscience and religion; this right in- It goes on and on. State, Judiciary and Related Agencies cludes freedom to change his religion or be- The protection of human rights and the but, from my point of view, even more lief, and freedom, either alone or in community plight of those suffering for their faith must not importantly, a leader in the area of with others and in public or private, to mani- fall on deaf ears. Someone must fight for human rights, and has been for the last fest his religion or belief in teaching, practice, them. Nameless victims in China, Vietnam, 23 years as a Member of Congress. worship and observance.’’ Sudan, Indonesia, India, Pakistan, Vietnam (Mr. WOLF asked and was given per- I rise today to recognize and thank the and the many other places where faith is mission to revise and extend his re- United States Commission on International under attack are waiting for a message of marks.) Religious Freedom. This fall we celebrate the hope, waiting to hear that we care. Mr. WOLF. Mr. Speaker, I want to fifth year of the commission and thank them When the United States speaks out, the thank the gentleman from New Jersey for their tireless effort to bring awareness to United States makes a difference. We cannot (Mr. SMITH) for his leadership and the religious freedom violations across the globe. stand idly by and watch innocent people suf- gentleman from California (Mr. LAN- The commission was created by Congress fer. We must not let terrible atrocities go un- TOS) for his leadership on this issue. in 1998 to shine a light on and generate a challenged. We have a moral obligation to Mr. Speaker, I rise today to recog- heightened awareness of the ongoing atroc- speak out. nize, as I said the other day, every time ities associated with persecution of individuals The United States Commission on Inter- these issues come up, it is the gen- around the world for their religious beliefs. national Religious Freedom is shining a bright light in some of the darkest corners of the tleman from New Jersey (Mr. SMITH), As a results of their investigations, hearings, world. They have made a difference over the the gentleman from Illinois (Mr. and reports, the commission has provided last 5 years and continue to have an impact HYDE), the gentleman from California Congress and the administration with timely on the lives of the suffering people of the (Mr. LANTOS). I mean, everyone else and accurate information on religious freedom world. I commend them and encourage their ought to be participating in this too; abuses and sound policy recommendations to continued work on behalf of the oppressed but I want them to know, and Chair- the president, the secretary of state, and Con- and persecuted people around the globe. man HYDE too, how much I appreciate gress. Those around the world suffering persecu- As the President recently stated in his it. speech for the National Endowment for De- But think about it, every time a bill tion for their religious beliefs have truly benefitted from the commitment of the commission. mocracy ‘‘The bedrock of successful societies comes up dealing with persecution and is the right to religious liberty.’’ oppression, it is always those three The commission produces an annual report. Each report helps to bring visibility to oppres- Mr. LANTOS. Mr. Speaker, I yield gentlemen. Why can we not get 432 myself such time as I may consume. sive governments that violate the basic free- other people to come on over and join Mr. Speaker, I rise in strong support doms of their citizens. these three patriots? of this resolution. Let me begin by As an example, look at what is occurring in Mr. Speaker, I rise today to recognize commending my good friend and col- some of these countries: and thank the United States Commis- league, the gentleman from Virginia sion on International Religious Free- China—According to the Cardinal Kung Foundation, there are at least 22 Roman (Mr. WOLF), for sponsoring this impor- dom. This fall we celebrate the 5th tant resolution. As co-chairman of the year of the commission and thank Catholic bishops in Chinese prisons, labor camps or under house arrest. Numerous Congressional Human Rights Caucus, them for their tireless efforts to bring Congressman WOLF has been tireless in awareness to religious freedom viola- Protestant House Church leaders and wor- shipers in China have been imprisoned or de- his support for human rights and reli- tions across the globe. Those around gious liberty around the globe. Without the world suffering persecution for the tained. Large numbers of Muslims in China are in prison because of their faith. Young his passionate commitment and deter- religious beliefs have truly benefited mination, we would not have passed from the commitment of the commis- Muslim Uighur boys and girls are not even allowed to enter a mosque until they are 18 this landmark piece of legislation. sion. Mr. Speaker, I would be remiss if I years old. Hundreds more bishops, priests, The commission produces an annual did not also commend the distin- and lay people are already in prison. Torture report. Each report helps to bring visi- guished vice chairman of the Com- bility to oppressive governments that and death are common. Tibet—Buddhist monks and nuns are in mittee on International Relations, the violate the basic freedoms of their citi- prison and hundreds of monasteries and nun- gentleman from New Jersey (Mr. zens. The protection of human rights neries have been destroyed. Yet loyalty to the SMITH), my good friend, who is another and the plight of those suffering for Dalai Lama remains strong. Despite this brutal tireless advocate for human rights and their faith must not, should not ever crackdown by the government of China, the who was pivotal in the passage of the fall on deaf ears. Someone must fight Tibetan people remain strong and cling to their Religious Freedom Act. for them. In the 5 years since President Clinton Nameless victims in China, including heritage and unique identity. Sudan—Millions have died in the 20-year signed the Religious Freedom Act and Tibet, which is not part of China, al- civil war and the majority have been Christians established the Office of International though the Chinese may think it is, who starved to death. Religious Freedom and the United China, Tibet, Vietnam, Sudan, Indo- Egypt—The Coptic Christians continue to States Commission on Religious Free- nesia, India, Pakistan, Vietnam, and experience harassment and persecution. dom, huge strides have been made in many other places where faith is under Pakistan—The government has failed to making religious freedom a core objec- attack are waiting for a message of protect the rights of religious minorities. Chris- tive of U.S. foreign policy. hope, waiting to hear that we in the tians are persecuted and blasphemy laws are In addition to the full-time diplo- United States care. strong. matic work of these two offices, the an- When the United States speaks out, Iran—Bahais are persecuted and impris- nual report on international religious the Congress, the government, we can oned because of their faith. freedom published by the State Depart- make a difference. We cannot stand India—Violence is ongoing against Chris- ment every year, these documents and idly by and watch innocent people suf- tians, churches are burned or destroyed, nuns the diplomatic efforts give hope to mil- fer. We must not let terrible atrocities raped. lions of people who are denied the abil- go unchallenged. We have a moral obli- Indonesia—Christian churches and Muslim ity to proclaim freely and to practice gation to speak out. mosques are attacked and burned. freely their faith. The United States Commission on Saudi Arabia—State Department annual re- The Religious Freedom Act also re- International Freedom is shining a port on human rights documents that freedom quires the Department of State to

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.085 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11559 name and to sanction the most egre- agents into this country and harassed, Let me also remind my colleagues gious violators of religious freedom. which, is amazing to me—as well as the this act created an ambassador at This asks for the United States annu- underground Catholic Church and the large, which is now being ably filled by ally to confront governments like underground Evangelical and Christian Tom Hanford. He has a great staff. China, Egypt, and Saudi Arabia for Church. If you are not part of the offi- Tom Farr, who recently retired, did the their policies of religious persecution cially recognized Chinese Government- yeoman’s work in that position. There and discrimination. The Religious controlled Church, watch out. You will was not a country on the face of the Freedom Act has given our government be severely dealt with, particularly if Earth, there was not a religious intol- an important set of tools to use to doc- you step over a very ambiguous line erance or practice that he was not ument and confront the alarming re- they have made in the sand. aware of, as well as the staff. They did emergence of virulent anti-Semitism in Let me say that this legislation was a very good job in chronicling accu- Europe and elsewhere. landmark. There are countries like rately what indeed is going on around Mr. Speaker, I am pleased that the Turkmenistan, Cuba, Uzbekistan, the world. And from the basis of that resolution we are considering today Saudi Arabia, and Vietnam that have chronicling, we are able to take more stresses the need to renew the commit- seen a deterioration, as well as Geor- effective action. ment of the Congress to the promotion gia, Azerbaijan, Kirkastan, Bellarus We also created a Commission on of religious liberty. Religious freedom and even Russia. International Religious Freedom, continues to be under siege in many I would point out to my colleagues which is also staffed, as well as parts of the world, and we must rededi- that some of the more matured democ- manned, by commissioners who are ex- cate ourselves to the effort to confront racies, like France, have seen a grow- perts in the fields, and I think they are the violators. ing intolerance when it comes to reli- doing a tremendous job in giving us an Mr. Speaker, freedom of religion and gious expression. As a matter of fact, I independent look, in addition to the conscience are the cornerstones of lib- spent 2 hours meeting with the prime State Department office, as to what is erty and of democracy. That is why reauthor of their religious cults legisla- going on in country after country as it ligion is the first freedom enumerated tion and was appalled at the far-reach- relates to religious freedom. in our Bill of Rights. If we succeed in ing nature of that legislation, to des- I would just say to my colleagues promoting religious liberty in the ignate a body of religious belief or de- that for the countries of particular United States’ foreign policy, we will nomination a cult. Once branded, it concern, the designation that was cre- not only bring an end to unfathomable comes under the severe repression of ated in the legislation has also been human suffering, but we will also ad- the government; and my hope is that very, very useful. But I would hope, vance the development of democracy that legislation will be junked in the and I recently wrote, along with other and we will promote other fundamental near future, although I will not hold Members, a letter to Secretary Colin human rights. my breath. But in good countries like Powell asking that some of the coun- Mr. Speaker, I urge all of my col- France, where you would expect there tries that are not on this list right now leagues to support H. Res. 423. to be a tolerance, we see the tide going be put on it because of either their de- Mr. Speaker, I reserve the balance of in the other direction. terioration with regard to religious my time. As a matter of fact, the Chinese and freedom or because they have been on- other governments have actually going, egregious violators on it. And b 1430 looked at the French model and are some of those countries we would like Mr. SMITH of New Jersey. Mr. looking to emulate it and to put a to see on the list include Speaker, I yield myself such time as I cover, a facade, on their own repression Turkmenistan, Saudi Arabia and Viet- may consume. harkening back to that legislation. nam. We believe they should be des- Mr. Speaker, I want to join the gen- I just want to point out to my col- ignated as CPCs. Hopefully, as the tleman from California (Mr. LANTOS) leagues as well, that getting here 5 analysis is done on their practices, the and my good friend, the gentleman years ago was not all that easy. The State Department will come to that de- from Virginia (Mr. WOLF) in support of gentleman from California (Mr. LAN- termination. this resolution which clearly is impor- TOS) will remember that we went Again, I want to thank my col- tant to recognize the fifth anniversary through several iterations of the lan- leagues. When we finally got this legis- of the signing of the International Re- guage that the gentleman from Vir- lation down to the White House 5 years ligious Freedom Act of 1998 because ginia (Mr. WOLF) originally introduced, ago after numerous hearings, rewrites that was an historic landmark piece of always with his full concurrence and and rewrites and rewrites, it was a legislation. And we today renew our his meticulous attention to detail. The good bipartisan product; and, again, commitment, rededicate ourselves to previous administration, at first, was the gentleman from California (Mr. promoting the tolerance that was em- against it. Secretary Albright and LANTOS) was there every step of the bodied in that legislation, that any- John Shattuck, the Assistant Sec- way, working with us on that legisla- one’s faith or lack of faith needs to be retary, said if we pass this, we will tion. I actually chaired the sub- respected. Certainly, at a time when somehow set up a hierarchy of human committee that worked on it. We held there is a growing intolerance, particu- rights. If ever there was a bogus argu- the hearings together and made sure larly in the Middle East and in places ment, that was it. that this legislation was shepherded like the People’s Republic of China, When all of us joined in on passing through the House and into the Senate. where we have actually seen a wors- and implementing the Jackson-Vanik But the yeoman’s work was done by ening of religious oppression, we need amendment, we did not set up a hier- the gentleman from Virginia (Mr. to speak out boldly and clearly and un- archy of human rights when it came to WOLF) and I again want to single him ambiguously for religious freedom. immigration. When many of us were out and say how grateful we all are for This legislation, the law and, the against, as we all were, apartheid in this landmark and historic piece of leg- heartfelt sentiments behind it are South Africa and believed that sanc- islation. going to be carried forward robustly to tions were a means to that end, which Mr. Speaker, I reserve the balance of bring freedom to those persecuted for I believed very strongly, that did not my time. their faith. say we were putting racism above any Mr. LANTOS. Mr. Speaker, I yield 8 Let me also point out that there are other human rights. It was in addition minutes to the gentleman from Texas a number of countries that are off to, not in lieu of. And, thankfully, and (Mr. EDWARDS), my good friend and dis- many people’s radar screens. China, with the help of my friend, the gen- tinguished colleague, who has been a yes, we know it is bad and getting tleman from California (Mr. LANTOS), fighter for religious freedom through- worse there, particularly as it relates we were able to craft legislation that, out his distinguished congressional to the Uygurs—the Muslims—the Bud- ultimately, the Clinton Administration tenure. dhists, and the Falon Gong—who are signed into law; and now, 5 years later, Mr. EDWARDS. Mr. Speaker, I rise in being tortured and mistreated in grow- is being very, very vigorously imple- support of House Resolution 423, which ing numbers, even followed by Chinese mented by the Bush Administration. recognize the fifth anniversary of the

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.086 H19PT1 H11560 CONGRESSIONAL RECORD — HOUSE November 19, 2003 signing of the International Religious ultimately, the result has been intoler- today, the Bill of Rights and Ameri- Freedom Act of 1998. ance against those whose faiths are not cans’ personal religious freedom. No Religious freedom, without a doubt, in the majority of that country. American citizen should have to pass should be a fundamental right of every While I am profoundly grateful for any other person’s religious test to citizen of the world. And I want to our religious freedom in America, I am qualify for a tax-funded job. commend the gentleman from New Jer- also deeply disturbed by recent Bush Mr. Speaker, it is right for House sey (Mr. SMITH) and the gentleman administration regulations and pro- Members to stand up for religious free- from California (Mr. LANTOS) for their posed laws that would limit religious dom in other nations as we are today, tireless leadership in defending that freedom right here at home, the reli- but I would suggest we should more right for all. This resolution urges ‘‘a gious freedom of American citizens. It carefully examine how Bush adminis- renewed commitment to eliminating would be ironic and tragic for Members tration policies will lead to religious the violations to the internationally of Congress to be pushing today for discrimination right here at home. If recognized right to freedom of reli- more religious freedom abroad while Americans are denied the right to a gion.’’ allowing religious freedom to be lim- Federally-funded job, the opportunity I strongly agree that we should make ited here in America. Let me be spe- and effect to feed their families simply that renewed commitment. Earlier this cific. because someone else did not like their morning, a number of House Members, This resolution says, ‘‘Whereas the personal religious faith, then those along with the gentleman from New right to freedom of religion is ex- Americans are clearly being denied the Jersey (Mr. SMITH) in the last few mo- pressed in the declaration on the elimi- free exercise of their religious freedom. ments rightly criticized religious big- nation of all forms of intolerance and Perhaps most Americans to date otry and discrimination in Vietnam, discrimination based on religion or be- have not been concerned about these Cambodia, Afghanistan, China and lief.’’ so-called charitable choice provisions, Instead of eliminating all forms of other nations around the world. I ap- first because they probably were not intolerance and discrimination based plaud my colleagues for saying that aware that these proposals have been on religious belief, the Bush adminis- the world should not tolerate torture, made by the administration; and, sec- tration actually supports using Federal imprisonment or murder of people be- ond, most Americans think that the 1st tax dollars to subsidize religious dis- cause of their personal religious faith. amendment protects our religious free- crimination. This is known as the so- I also I am deeply grateful to live in dom so no one can threaten it. But in called Charitable Choice proposals. the United States, where we do not im- the years ahead, if the Bush adminis- Under Bush administration proposals, prison citizens because their religious tration charitable choice proposals faith is different from others. I belief an American citizen can be fired from a Federally-funded job solely because of continue to be implemented as they are perhaps America’s greatest single con- his or her personal religious faith. being done right now, dozens, then tribution to the world, from our experi- Now, let me repeat that. Under Bush hundreds, and ultimately thousands of ment in democracy, is our model of re- administration proposals, an American Americans will be denied a tax-funded ligious freedom and tolerance. citizen can be fired from a Federally- job single my because of their personal The foundation of that religious free- funded, tax-supported job for no other faith. dom here is the principle of the separa- reason than that person’s religious 1445 tion of church and state embedded in b faith. The administration, for example, the first 16 words of our Bill of Rights. I project that Americans will be out- would allow a group that associated raged to find out that this United ‘‘Congress shall pass no law respecting with Bob Jones University to accept $1 an establishment of religion or prohib- States Congress, the same Members million in job training funds and $1 who are voting to push religious free- iting the free exercise thereof.’’ million tax dollars, your dollars and dom in other nations, the right thing In his letter to the Danbury Baptists mine. And then with some of that to do, are voting to deny religious free- of Connecticut in 1802, Thomas Jeffer- money put out a sign that says, no dom and to subsidize with tax dollars son expressed his belief that the prin- Jews or Catholics need apply here to job discrimination against Americans ciple of church-state separation is one this Federally-funded job. of the most sacred of our founding That is offensive, and it is out- based on their religious faith. principles. Unfortunately, many Amer- rageous, and it should not be allowed While we are right to condemn reli- icans today have come to perceive that in America. To allow and to actually gious discrimination in other nations, separation of church and state implies subsidize such religious discrimination we should stop subsidizing religious disrespect for religion. Nothing could when using American tax dollars is discrimination here in America. Reli- be further from the truth as Jefferson wrong, and it is unconstitutional. gious freedom is a cherished right for said so eloquently over a century ago. We all know why, for example, a Bap- all American citizens. Congress has a Separation of church and state does tist Church can hire a Baptist minister responsibility on a bipartisan basis to not mean keeping people of faith out of with their own money to carry out the stop the Bush administration pro- government. It does means keeping church’s own spiritual mission. How- posals, which would put that right at government out of our faith. ever, long-standing Federal policy has risk for thousands and thousands of By passing language saying ‘‘Con- been when organizations receive Fed- American citizens. If we are going to gress shall pass no law respecting an eral tax dollars to run social service preach religious freedom to other na- establishment of religion’’ known as programs, not religious programs, they tions, perhaps we should also practice the establishment clause of the Bill of cannot discriminate in job hiring based it here at home. Rights, our Founding Fathers were simply on a person’s religious faith. Mr. LANTOS. Mr. Speaker, I am de- putting religion on a pedestal so high Yet, President Bush’s administration lighted to yield 3 minutes to the gen- that no hand of politicians or govern- wants to change that policy for billions tleman from Virginia (Mr. SCOTT), my ment could reach it and control it. of tax dollars and for potentially hun- good friend and distinguished col- Our Founding Fathers were right, dreds of thousands jobs. For example, league. separation of church and state in the administration wants to contract Mr. SCOTT of Virginia. Mr. Speaker, America has led to more religious free- out, privatize up to 850,000 present Fed- I thank my colleague for yielding me dom, vitality and tolerance than any eral jobs. And in that proposal, they the time. nation in the world, perhaps through- say a group accepting millions of dol- Mr. Speaker, I have the honor of out the history of the world. Most na- lars, totaling billions if you add them serving in this body as a Representa- tions have gotten it wrong because all up, for hundreds of thousands of tive from Virginia, the home State of they have tried to use the power of jobs, that those groups receiving our James Madison and Thomas Jefferson government to fund religion or to em- tax dollars, and say I am not hiring who authored the statute on religious phasize one religion or faith over an- you because you do not pass my per- freedom which served as a model for other. sonal religious test. the religious freedom provisions in our With government funding has come I believe the administration position Bill of Rights. So I am pleased to rise government regulation of religion, and, flies in the face of this resolution in support of H. Res. 423, recognizing

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.093 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11561 the fifth anniversary of the signing of International Religious Freedom Act Mr. PAUL. Mr. Speaker, I rise to oppose this the International Religious Freedom was signed into law, and our view of legislation but want to make it clear that I am Act of 1998 and urging renewed com- the world has changed very dramati- not doing so because I oppose religious free- mitment to eliminating violations of cally since then due to a number of fac- dom, as one might falsely conclude from the the internationally recognized right to tors, primarily September 11 and the way this bill is crafted. My concerns with this freedom of religion and protecting fun- war against terrorism. The funda- bill are the same concerns I raise whenever damental human rights. mental right of religious freedom is Congress attempts to act in areas in which it I want to thank my distinguished one of the very most critical founda- has no constitutional authority: under the guise colleague from Virginia (Mr. WOLF) for tions of this Republic. of promoting a laudable cause—religious free- his sponsorship of this resolution. Mr. Speaker, we must never forget dom—this legislation seeks to impose our I agree with the provisions, the that our Nation was founded by those views of this topic on other sovereign nations. whereases in this resolution: whereas who fled their country to preserve the In short, it is yet another example of the U.S. religious freedom is an absolute right inalienable right to religious liberty; meddling in the affairs of other countries. and all people are entitled to do with and throughout the history of our Na- Mr. Speaker, as Americans we have a spe- their own souls as they choose; where- tion, people have left their homes in cial attachment to the idea of religious free- as the right of freedom of religion is the cover of night to escape to the dom. That is the reason many of our ances- expressed in the declaration on the United States due to the religious per- tors came to this land and fought for inde- elimination of all forms of intolerance secution in their own countries. Unfor- pendence. But I don’t think the way to ad- and discrimination based on religion or tunately, in many places in the world vance religious freedom around the world is to belief adopted and proclaimed by the today, the right to choose and practice demand that every country adopt our ap- United Nations and many other organi- one’s faith is still not protected. proach. I believe that so demanding will only zations; whereas freedom of all individ- Mr. Speaker, it is so vitally impera- engender ill-will toward the United States and, uals to adopt, believe, worship, ob- tive that we as a Nation continue to ironically, increased resistance to this idea. serve, teach and practice a religion in- work to eliminate violations of reli- People generally to not like being told by for- dividually or collectively has been ex- gious freedom and human rights. One eign countries what to do or how they can plicitly articulated; whereas religious of the most compelling and pressing worship. I believe the best way we can pro- persecution is not confined to a coun- issues at this moment, and one where mote the idea of religious liberty abroad is to try, a region, or a regime; but whereas we have a great deal of leverage, is our serve as a working, living example of the ben- all governments should provide and responsibility to help establish true efits of liberty. The United States has been ad- protect religious liberty. I agree with freedom in Afghanistan and Iraq. True mired historically in other countries because all of those principles, but I feel com- freedom in those nations is absolutely our system of government demonstrates the pelled to point out that this House has impossible a,part from provisions in economic and other benefits of liberty. That is not always followed the principles ar- their new constitutions that absolutely why other nations seek to emulate the United ticulated in the resolution. guarantee full religious freedom for States, not because we demand that their reli- For example, just a few months ago, every one of their people. gious laws conform to our notions of what is this House in the Head Start reauthor- Our principal efforts in those coun- acceptable. ization bill, by a very close vote re- tries, if we do nothing else, must cen- Mr. LANTOS. Mr. Speaker, we have jected the long-standing principle that ter on preserving the right of religious no additional requests for time, and I teachers could not be fired or denied freedom for every individual. It is crit- yield back the balance of our time. employment solely because of their re- ical, Mr. Speaker, even to the war on Mr. SMITH of New Jersey. Mr. ligious belief. Instead, we adopted a terrorism because constitutionally Speaker, we have no further requests provision which allows the 8 percent of guaranteed religious freedom creates a for speakers, and I yield back the bal- the Head Start programs which are vital framework for discussion and de- ance of our time. faith-based to discriminate based on bate. It has the power to turn the war The SPEAKER pro tempore (Mr. religion, with Federal money, not the of weapons into a war of words. May we OSE). The question is on the motion of- church money, but with the Federal not forget that critical truth. fered by the gentleman from New Jer- money. Ironically, that vote to allow Mr. Speaker, Patrick Henry stated it sey (Mr. SMITH) that the House suspend the discrimination came one day after this way. He said, ‘‘I have but one lamp the rules and agree to the resolution, congressional leaders participated in a by which my feet are guided, and that H. Res. 423, as amended. ceremony praising the 40th anniversary is the lamp of experience. I know of no The question was taken. of the March on Washington. Ironic be- way of judging the future but by the The SPEAKER pro tempore. In the cause one of the few articulated pur- past.’’ He understood the urgency and opinion of the Chair, two-thirds of poses and successes of the March on nature of the battle when he declared, those present have voted in the affirm- Washington was a prohibition against ‘‘There is no longer any room for hope. ative. employment discrimination with Fed- If we wish to be free, if we mean to pre- Mr. LANTOS. Mr. Speaker, on that I eral money. serve inviolate those inestimable privi- demand the yeas and nays. Head Start, since inception, has pro- leges for which we have been so long The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- hibited employment discrimination engaged, and which we have pledged ant to clause 8 of rule XX and the based on religion, and hopefully the ourselves never to abandon until the Chair’s prior announcement, further Senate will reject the House action and glorious object of our contest shall be proceedings on this motion will be reaffirm the prohibitions against dis- obtained, we must fight!’’ postponed. crimination with the Federal money. Mr. Speaker, indeed, we have fought So, Mr. Speaker, as we celebrate the but we now must ask ourselves what it f International Religious Freedom Act was we were truly fighting for. I be- FAIRNESS TO CONTACT LENS and condemn religious intolerance, we lieve we fought, as President Bush said, CONSUMERS ACT for the ‘‘advance of freedom’’ because ought to renew our own commitment Mr. BURR. Mr. Speaker, I move to ‘‘we believe that freedom, the freedom to that principle here in the United suspend the rules and pass the bill we prize, is not for us alone; it is the States and condemn efforts to allow (H.R. 3140) to provide for availability of right and capacity of all mankind.’’ employment discrimination with Fed- contact lens prescriptions to patients, Guided by the lamp of our own experi- eral money based solely on religious and for other purposes, as amended. beliefs. ence of our own Nation, in those words, The Clerk read as follows: the President makes the most compel- Mr. SMITH of New Jersey. Mr. H.R. 3140 Speaker, I yield such time as he may ling argument that I can imagine for Be it enacted by the Senate and House of Rep- consume to the gentleman from Ari- the United States to renew its commit- resentatives of the United States of America in zona (Mr. FRANKS), my good friend and ment to eliminating violations of the Congress assembled, colleague. right to religious freedom and to pro- SECTION 1. SHORT TITLE. Mr. FRANKS of Arizona. Mr. Speak- tecting fundamental human rights for This Act may be cited as the ‘‘Fairness to er, it has now been 5 years since the every human being across the world. Contact Lens Consumers Act’’.

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\K19NO7.095 H19PT1 H11562 CONGRESSIONAL RECORD — HOUSE November 19, 2003 SEC. 2. AVAILABILITY OF CONTACT LENS PRE- preceding sentence, if the same contact lens is SEC. 10. STUDY AND REPORT. SCRIPTIONS TO PATIENTS. manufactured by the same company and sold (a) STUDY.—The Federal Trade Commission (a) IN GENERAL.—When a prescriber completes under multiple labels to individual providers, shall undertake a study to examine the strength a contact lens fitting, the prescriber— the seller may fill the prescription with a con- of competition in the sale of prescription contact (1) whether or not requested by the patient, tact lens manufactured by that company under lenses. The study shall include an examination shall provide to the patient a copy of the con- another label. of the following issues: tact lens prescription; and (g) DIRECT COMMUNICATION.—As used in this (1) Incidence of exclusive relationships be- (2) shall, as directed by any person designated section, the term ‘‘direct communication’’ in- tween prescribers or sellers and contact lens to act on behalf of the patient, provide or verify cludes communication by telephone, facsimile, manufacturers and the impact of such relation- the contact lens prescription by electronic or or electronic mail. ships on competition. other means. SEC. 5. EXPIRATION OF CONTACT LENS PRE- (2) Difference between online and offline sell- (b) LIMITATIONS.—A prescriber may not— SCRIPTIONS. ers of contact lenses, including price, access, (1) require purchase of contact lenses from the (a) IN GENERAL.—A contact lens prescription and availability. prescriber or from another person as a condition shall expire— (3) Incidence, if any, of contact lens prescrip- of providing a copy of a prescription under sub- (1) on the date specified by the law of the tions that specify brand name or custom labeled section (a)(1) or (a)(2) or verification of a pre- State in which the prescription was written, if contact lenses, the reasons for the incidence, scription under subsection (a)(2); that date is one year or more after the issue date and the effect on consumers and competition. (4) The impact of the Federal Trade Commis- (2) require payment in addition to, or as part of the prescription; sion eyeglasses rule (16 C.F.R. 456 et seq.) on of, the fee for an eye examination, fitting, and (2) not less than one year after the issue date competition, the nature of the enforcement of evaluation as a condition of providing a copy of of the prescription if such State law specifies no the rule, and how such enforcement has im- a prescription under subsection (a)(1) or (a)(2) date or a date that is less than one year after pacted competition. or verification of a prescription under sub- the issue date of the prescription; or (5) Any other issue that has an impact on section (a)(2); or (3) notwithstanding paragraphs (1) and (2), competition in the sale of prescription contact (3) require the patient to sign a waiver or re- on the date specified by the prescriber, if that lenses. lease as a condition of verifying or releasing a date is based on the medical judgment of the prescription. (b) REPORT.—Not later than 12 months after prescriber with respect to the ocular health of the effective date of this Act, the Chairman of SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIM- the patient. ITED CIRCUMSTANCES. the Federal Trade Commission shall submit to (b) SPECIAL RULES FOR PRESCRIPTIONS OF A prescriber may require payment of fees for the Congress a report of the study required by LESS THAN 1 YEAR.—If a prescription expires in subsection (a). an eye examination, fitting, and evaluation be- less than 1 year, the reasons for the judgment fore the release of a contact lens prescription, referred to in subsection (a)(3) shall be docu- SEC. 11. DEFINITIONS. but only if the prescriber requires immediate mented in the patient’s medical record. In no As used in this Act: (1) CONTACT LENS FITTING.—The term ‘‘con- payment in the case of an examination that re- circumstance shall the prescription expiration tact lens fitting’’ means the process that begins veals no requirement for ophthalmic goods. For date be less than the period of time rec- after the initial eye examination and ends when purposes of the preceding sentence, presentation ommended by the prescriber for a reexamination a successful fit has been achieved or, in the case of proof of insurance coverage for that service of the patient that is medically necessary. of a renewal prescription, ends when the pre- shall be deemed to be a payment. (c) DEFINITION.—As used in this section, the scriber determines that no change in prescrip- SEC. 4. PRESCRIBER VERIFICATION. term ‘‘issue date’’ means the date on which the tion is required, and such term may include— (a) PRESCRIPTION REQUIREMENT.—A seller patient receives a copy of the prescription. (A) an examination to determine lens speci- may sell contact lenses only in accordance with SEC. 6. CONTENT OF ADVERTISEMENTS AND fications; a contact lens prescription for the patient that OTHER REPRESENTATIONS. (B) except in the case of a renewal of a pre- is— Any person that engages in the manufacture, scription, an initial evaluation of the fit of the (1) presented to the seller by the patient or processing, assembly, sale, offering for sale, or lens on the eye; and prescriber directly or by facsimile; or distribution of contact lenses may not represent, (C) medically necessary follow up examina- (2) verified by direct communication. by advertisement, sales presentation, or other- tions. (b) RECORD REQUIREMENT.—A seller shall wise, that contact lenses may be obtained with- (2) PRESCRIBER.—The term ‘‘prescriber’’ maintain a record of all direct communications out a prescription. means, with respect to contact lens prescrip- referred to in subsection (a). SEC. 7. PROHIBITION OF CERTAIN WAIVERS. tions, an ophthalmologist, optometrist, or other (c) INFORMATION.—When seeking verification A prescriber may not place on the prescrip- person permitted under State law to issue pre- of a contact lens prescription, a seller shall pro- tion, or require the patient to sign, or deliver to scriptions for contact lenses in compliance with vide the prescriber with the following informa- the patient a form or notice waiving or dis- any applicable requirements established by the tion: claiming the liability or responsibility of the pre- Food and Drug Administration. (1) Patient’s full name and address. scriber for the accuracy of the eye examination. (3) CONTACT LENS PRESCRIPTION.—The term (2) Contact lens power, manufacturer, base The preceding sentence does not impose liability ‘‘contact lens prescription’’ means a prescrip- curve or appropriate designation, and diameter on a prescriber for the ophthalmic goods and tion, issued in accordance with State and Fed- when appropriate. services dispensed by another seller pursuant to eral law, that contains sufficient information (3) Quantity of lenses ordered. the prescriber’s correctly verified prescription. for the complete and accurate filling of a pre- (4) Date of patient request. SEC. 8. RULEMAKING BY FEDERAL TRADE COM- scription, including the following: (5) Date and time of verification request. (A) Name of the patient. (6) Name of contact person at seller’s com- MISSION. The Federal Trade Commission shall prescribe (B) Date of examination. pany, including facsimile and telephone num- (C) Issue date and expiration date of prescrip- ber. rules pursuant to section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) to carry tion. (d) VERIFICATION EVENTS.—A prescription is (D) Name, postal address, telephone number, out this Act. Rules so prescribed shall be exempt verified under this Act only if one of the fol- and facsimile telephone number of prescriber. from the requirements of the Magnuson-Moss lowing occurs: (E) Power, material or manufacturer or both. Warranty—Federal Trade Commission Improve- (1) The prescriber confirms the prescription is (F) Base curve or appropriate designation. accurate by direct communication with the sell- ment Act (15 U.S.C. 2301 et seq.). Any such regu- (G) Diameter, when appropriate. er. lations shall be issued in accordance with sec- (H) In the case of a private label contact lens, (2) The prescriber informs the seller that the tion 553 of title 5, United States Code. The first name of manufacturer, trade name of private prescription is inaccurate and provides the ac- rules under this section shall take effect not label brand, and, if applicable, trade name of curate prescription. later than 180 days after the effective date of equivalent brand name. this Act. (3) The prescriber fails to communicate with SEC. 12. EFFECTIVE DATE. the seller within 8 business hours, or a similar SEC. 9. VIOLATIONS. This Act shall take effect 60 days after the time as defined by the Federal Trade Commis- (a) IN GENERAL.—Any violation of this Act or date of the enactment of this Act. sion, after receiving from the seller the informa- the rules required under section 8 shall be treat- tion described in subsection (c). ed as a violation of a rule under section 18 of The SPEAKER pro tempore. Pursu- (e) INVALID PRESCRIPTION.—If a prescriber in- the Federal Trade Commission Act (15 U.S.C. ant to the rule, the gentleman from forms a seller before the deadline under sub- 57a) regarding unfair or deceptive acts or prac- North Carolina (Mr. BURR) and the gen- section (d)(3) that the contact lens prescription tices. tlewoman from Illinois (Ms. is inaccurate, expired, or otherwise invalid, the (b) ACTIONS BY THE COMMISSION.—The Fed- SCHAKOWSKY) each will control 20 min- seller shall not fill the prescription. The pre- eral Trade Commission shall enforce this Act in utes. scriber shall specify the basis for the inaccuracy the same manner, by the same means, and with The Chair recognizes the gentleman or invalidity of the prescription. If the prescrip- the same jurisdiction, powers, and duties as from North Carolina (Mr. BURR). tion communicated by the seller to the prescriber though all applicable terms and provisions of is inaccurate, the prescriber shall correct it. the Federal Trade Commission Act (15 U.S.C. 41 GENERAL LEAVE (f) NO ALTERATION.—A seller may not alter a et seq.) were incorporated into and made a part Mr. BURR. Mr. Speaker, I ask unani- contact lens prescription. Notwithstanding the of this Act. mous consent that all Members may

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.026 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11563 have 5 legislative days within which to port on this legislation. I also want to patients may not even know they are revise and extend their remarks and in- thank the dean of our House, the gen- entitled to ask for their prescription. clude extraneous material on the bill tleman from Michigan (Mr. DINGELL), Clearly, we need to address those prob- under consideration. and his staff for the excellent help in lems, and the legislation we are dis- The SPEAKER pro tempore. Is there drafting this compromise piece of legis- cussing today includes strong language objection to the request of the gen- lation that benefits all parties involved guaranteeing those rights. tleman from North Carolina? in the contact lens marketplace. The bill requires eye doctors and op- There was no objection. Finally, I want to thank the gen- tometrists to provide parents with a Mr. BURR. Mr. Speaker, I yield my- tleman from Florida (Mr. STEARNS) and copy of their contact lens prescription, self as much time as I may consume. the gentleman from Louisiana (Mr. regardless of whether or not the pa- Mr. Speaker, today is a great day for TAUZIN), the full committee chairman, tient asks for a copy. Under this meas- the 36 million contact lens wearers and their staffs who shepherded this ure, eye doctors and other prescribers across the United States. Today, Re- bill through the Committee on Energy are prohibited from requiring that con- publicans and Democrats have come to- and Commerce in record time. sumers buy contact lenses from them gether to help contact lens wearers by Mr. Speaker, I urge my colleagues to as a condition of performing an eye improving their access to the competi- support this. exam or providing the prescription. tive contact lens marketplace in grant- Mr. Speaker, I reserve the balance of While consumers have a right to shop ing them the right to their contact my time. for the best deal when purchasing con- lens prescriptions. Ms. SCHAKOWSKY. Mr. Speaker, I tact lenses, Congress, doctors, and in- People who wear glasses may not rec- yield myself 5 minutes. dustry all have a duty and an interest ognize the importance of this legisla- I rise in strong support and as an in making sure that patient safety is tion because, unlike contact lens wear- original cosponsor of H.R. 3140, the not compromised in the process. The ers, they have had these rights since Fairness to Contact Lens Consumers Food and Drug Administration man- 1978. Now, 25 years later, contact lens Act. I am pleased that the House is dates that contact lens sales require a wearers have the same rights to their taking action on this important meas- valid prescription from an eye care prescriptions, without having to ask ure before the end of the legislative professional. With the increasing prev- for them, and the ability to buy their session. alence of mail order contact lens pro- lenses from any seller, be it an eye doc- This is an important consumer rights viders, whether through the Internet or tor, a discount club, or an Internet issue. Thirty-six million Americans use 1–800 numbers, I believe it is important company. contact lenses, and Congress must ad- we give consumers expanded access I appreciate the support of the Amer- dress the regulatory issues that impact while adhering to the FDA require- ican Optometric Association, espe- the rights of those consumers and their ments. cially my optometrist in Winston ability to purchase contact lenses from In the interest of fairness to con- Salem, North Carolina, Dr. Burke, who their preferred vendors. We have a duty sumers and doctors, this legislation es- read through these drafts. He helped us to make sure that consumers’ interests tablishes clear uniform rules that will as we put the bill together. He im- are being met; that they have access to guarantee fairness and safety to con- proved the legislation and put us where affordable and safe contact lenses; and tact lens consumers in every State, re- we are today. that uniform standards regulate this gardless of existing laws. Not only is this bill great for contact process nationwide. The bill creates a verification system lens wearers, but it is, in my opinion, Several of my colleagues have spent that will ensure prompt filling of con- also good for eye doctors. I want them a great deal of time studying the sub- tact lens prescriptions. Under the legis- to listen. For the first time in Federal ject, including, of course, the gen- lation, when consumers place orders legislation, patients are told they must tleman from North Carolina (Mr. with third-party contact lens vendors, go back regularly to their eye doctors BURR), the gentleman from Michigan those vendors must verify the prescrip- and get their contact lens prescriptions (Mr. DINGELL), the gentleman from tion with their doctors. Their doctors renewed. If patients try to buy contact New York (Mr. TOWNS), the gentleman will then have 8 hours to respond. If lenses with expired prescriptions, sell- from California (Mr. WAXMAN), and the they do not, the prescription will be ers by law cannot fill their orders. This gentleman from California (Mr. deemed valid by the vendor and the is a big deal, Mr. Speaker; and I am STARK); and I want to commend and order filled. These safeguards, coupled sure most physicians across this coun- thank them for their leadership. with time requirements, will ensure try would love Congress to pass legisla- prompt and safe access to contact b 1500 tion that required patients to come lenses at affordable prices for con- back to them on a regular basis. We do As a contact lens user myself, I am sumers. that in this legislation. glad to have the opportunity to take This legislation requires the FTC to Additionally, H.R. 3140 will make it part in the debate and passage of this issue rules implementing the bill’s re- very hard for unlawful contact lens legislation and appreciate the oppor- quirements and empowers the FTC to sellers to even stay in business. Right tunity to work with those who have enforce these rules. The new rules will now, many contact lens sellers do not crafted this legislation, as well as the become effective within 60 days of en- ask for physicians’ contact information distinguished chairman of the Sub- actment. because the sellers have no intention of committee on Commerce, Trade and I want to again commend those who verifying the prescriptions. Multiple Consumer Protection, the gentleman worked to bring this proconsumer leg- provisions in this bill will make this from Florida (Mr. STEARNS). We appre- islation to the floor, and I urge all of behavior illegal. Contact lens sellers ciate the support also of the American my colleagues to support it. will now be required to get all perti- Optometric Association for supporting Mr. Speaker, I reserve the balance of nent information from patients and this proconsumer legislation. my time. call eye doctors’ offices to verify that This bill will change current law to Mr. BURR. Mr. Speaker, I yield such information. With the FTC enforcing provide what we all agree to be needed time as he may consume to the gen- this law, eye doctors should be assured changes, so that consumers are explic- tleman from Florida (Mr. STEARNS), that they will only have to do business itly entitled to a copy of their contact the subcommittee chairman. with honest contact lens sellers. lens prescription from their doctor. Mr. STEARNS. Mr. Speaker, I thank Mr. Speaker, I want to thank the That way, they will have the freedom our distinguished colleague for yield- gentleman from California (Mr. STARK) to shop around to get the best deal posing me this time, and thank him, of and the gentleman from Wisconsin (Mr. sible for filling their contact lens course, for H.R. 3140, the Fairness to SENSENBRENNER) for first introducing needs. Contact Lens Consumers Act. this legislation 8 years ago during the There have been reports of eye care As has already been pointed out, 104th Congress. They were the initial providers unnecessarily preventing or about 36 million Americans wear con- leaders on this issue, and I appreciate delaying consumer access to their own tact lenses, but those millions of Amer- their efforts and the subsequent sup- prescriptions. There is some suggestion icans do not have a right to a copy of

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.097 H19PT1 H11564 CONGRESSIONAL RECORD — HOUSE November 19, 2003 their contact lens prescription. I think In addition to my friend, the gen- many people who have worked to do a lot of us did not realize that. This bill tleman from North Carolina (Mr. this. changes all of that, so doctors are re- BURR), I would also like to thank the I would like to add that Consumers quired now to provide patients with a following: Kelly Zerzan, Jonathan Union was one of the early supporters copy of their prescriptions whether Cordone, Jenny Hansen, and Jesse of this bill and helped us to work it they ask for it or not. So now it is McCollum for their hard work on this through. It is the law in California al- their property, and they can use it as bill as well. ready, and I am sure that the other 30 they wish. Once again, I urge all of my col- million people who do not reside in Of course, with that prescription, the leagues to support H.R. 3140. It is a California who wear contact lenses, I consumer now has an opportunity to be great bill and deserves the support of am too cowardly to stick my finger in empowered so that the issue of com- this House. Any time we can make life my eye, so I do not, but many people petition is heightened in the contact better for consumers, then we should will be pleased, and it will be of great lens market. Because unlike doctors be anxious and eager to do so, and convenience to them. I am one who who are prevented from filling drug there is no doubt in my mind that this happens to believe in free enterprise, prescriptions, eye doctors and optom- legislation makes life a lot better for and I think it is going to create some etrists are able to fill contact lens pre- consumers. So I am delighted to sup- competition in the world and perhaps scriptions. This sets up a conflict-of-in- port it and encourage my colleagues to make lives better for everyone con- terest situation, where third-party sell- do likewise. cerned in this. ers are actually competing for the sale Mr. BURR. Mr. Speaker, I reserve the So, again, my thanks to those people of lenses with the individual writing balance of my time. who worked so hard. It is a good bill. the prescription. That will all change Ms. SCHAKOWSKY. Mr. Speaker, I The consumers will benefit. The advo- under this bill. yield 3 minutes to the gentleman from cates for all the providers involved So this bill requires doctors and op- California (Mr. STARK), who worked have worked with us to support it, and tometrists to verify prescriptions with hard on this legislation and over a long I urge its adoption. third-party sellers. If the doctor re- period of time. I’m pleased to join with my colleagues on fuses, for example, to verify this pre- (Mr. STARK asked and was given both sides of the aisle in support of the Fair- scription, then the verification is pre- permission to revise and extend his re- ness to Contact Lens Consumers Act and sumed. What this means is the con- marks.) urge every Member of Congress to join us in sumer will no longer be caught between Mr. STARK. Mr. Speaker, I extend voting for this important consumer protection the doctor and the seller in a competi- my thanks as well to the gentleman legislation. tive tug-of-war where the consumer is from North Carolina for his enterprise This bill requires eye care professionals to always the loser. This bill gives power and efforts in seeing this bill brought provide their patients with a copy of their con- to consumers over their buying deci- to the floor, and to thank the gentle- tact lens prescription so the patient can sions and allows the consumer to make woman from Illinois (Ms. SCHAKOWSKY) choose to purchase their contact lenses from his choice. for her work, as well as the people who that professional or seek an alternative pro- I think it has been pointed out that have been mentioned, the gentleman vider. The bill also enforces a verification sys- the bill has also received the endorse- from New York (Mr. TOWNS), the gen- tem for prescriptions that puts the onus on eye ment of the American Optometric As- tleman from Michigan (Mr. DINGELL), doctors to quickly verify their patients’ contact sociation and has received strong bi- the gentleman from Louisiana (Mr. lens prescriptions. This makes real the option partisan support in the Committee on TAUZIN), the gentleman from California for consumers to purchase their contact Energy and Commerce. It came out of (Mr. WAXMAN), and others who have lenses through third parties—such as online the Subcommittee on Commerce, been concerned about it. venders—which are often more affordable and Trade, and Consumer Protection, I think that I have today to give convenient for consumers. This is a law my which I chair, and it is a good piece of credit where credit is due. This bill home State of California has already enacted legislation. I support it and I commend should really be referred to as the and one that consumers deserve to have in all the author. Deborah Stark bill. Now, who is Debo- parts of our country. Ms. SCHAKOWSKY. Mr. Speaker, I rah Stark? She happens to be the This might not be a high profile issue, but it yield 3 minutes to the gentleman from mother of my children and my long- is important to the 36 million of contact lens New York (Mr. TOWNS), the lead Demo- suffering wife. And this bill has its gen- wearers around the country. Eyeglass wearers cratic cosponsor of the bill. esis right down the road on Pennsyl- have enjoyed unobstructed access to their Mr. TOWNS. Mr. Speaker, let me vania Avenue where she went one day, eyeglass prescriptions since the Federal Trade begin by thanking the chairman of the when we still lived in California full Commission issued regulations in 1978 requir- committee, the gentleman from Lou- time, to have her eyes examined being their automatic release. Yet, 25 years isiana (Mr. TAUZIN), and of course the cause her contact lenses were giving later, similar action has yet to be taken for ranking member of the full committee, her problems and, hopefully, to get a contact lens wearers. If this bill is enacted, we the gentleman from Michigan (Mr. DIN- new prescription and send it out to will finally have brought contact lens consumer GELL), and to the gentleman from Flor- California to have it filled, so she protections up-to-date. ida (Mr. STEARNS), of course, and the would have her new contact lenses I got involved in this issue more than a dec- ranking member as well, the gentle- when she arrived home in California. ade ago when my wife asked her eye care woman from Illinois (Ms. So she went to this physician down provider in D.C. for her contact lens prescrip- SCHAKOWSKY). the road. And as she was about to tion so she would have it if she needed it Mr. Speaker, this legislation is long leave, having then paid the bill, she while we were in California. To her—and my— overdue. This legislation will allow was told that she could not have a copy astonishment, the provider refused to give her sellers to work in coordination with of the prescription. She was, not sur- the prescription saying that the law did not re- optometrists and ophthalmologists prisingly, incredulous. I was not only quire him to do so. We checked it out and he across the Nation to ensure that every incredulous, I was mildly upset, and was correct. I’ve been working to fix this prob- consumer has access to their prescrip- that led to this day. lem ever since. tion in a timely fashion while making So we do not sit back here, as many The simple fact is that contact lenses are the contact lens marketplace more people think, as Members of Congress, fast replacing eyeglasses as the corrective vi- competitive. and just dream up ways to make life sion instrument of choice for consumers. De- Consumers deserve the best possible complicated for ophthalmologists and spite this trend, many States allow prescribing prices and service. Therefore, Congress optometrists. We respond, generally eye care professionals to refuse to release must involve itself, as it is doing with not to constituents quite so close to contact lens prescriptions to their patients. Eye H.R. 3140. I am proud that both sellers home, but we respond to the problems doctors cite health concerns, but the fact is and the doctors have come together in that people in this country have, and it that they have a strong financial incentive to support of this legislation, and I urge takes us often a long time, in this case restrict consumer access to the contact lens all of my colleagues to support this almost 10 years. But when we get there, market. Without their contact lens prescription bill. we do a good job, as we see with the in hand, consumers are forced to purchase

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\K19NO7.099 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11565 their lenses from their prescribing eye doc- fered by the gentleman from North The Chair recognizes the gentleman tor—who obviously profits from each and Carolina (Mr. BURR) that the House from Florida (Mr. BILIRAKIS). every sale. suspend the rules and pass the bill, GENERAL LEAVE Over the years, I’ve introduced several bills H.R. 3140, as amended. Mr. BILIRAKIS. Mr. Speaker, I ask to require the release of contact lens prescrip- The question was taken. unanimous consent that all Members tions. For the last several years, Representa- The SPEAKER pro tempore. In the may have 5 legislative days within tives BURR, DINGELL, TAUZIN, WAXMAN, opinion of the Chair, two-thirds of which to revise and extend their re- SCHAKOWSKY and I have been working to- those present have voted in the affirm- marks and to include extraneous mate- gether to fashion a bipartisan bill that can gar- ative. rial on H.R. 2218, the bill now under ner the support of a broad coalition to ensure Mr. MORAN of Kansas. Mr. Speaker, consideration. its passage. on that I demand the yeas and nays. The SPEAKER pro tempore. Is there That day is here. I started out this effort with The yeas and nays were ordered. objection to the request of the gen- the support of Consumers Union and I’m The SPEAKER pro tempore. Pursu- tleman from Florida? pleased they have endorsed this version of ant to clause 8 of rule XX and the There was no objection. the legislation as well. I’m also pleased that Chair’s prior announcement, further the American Optometric Association has proceedings on this motion will be b 1515 been willing to come to the negotiating table postponed. Mr. BILIRAKIS. Mr. Speaker, I yield and has also endorsed this final version of our f legislation. myself such time as I may consume. That tells you this is a good bill—we’ve got REGULATION OF NONCORRECTIVE Mr. Speaker, I rise today in support consumers and optometrists—the largest pro- CONTACT LENS AS MEDICAL DE- of H.R. 2218, which amends the Federal viders of contact lenses—agreeing that this VICES Food, Drug and Cosmetic Act to pro- day has come. It is time to update our con- Mr. BILIRAKIS. Mr. Speaker, I move vide for the regulation of noncorrective sumer protection laws to ensure that contact to suspend the rules and pass the bill contact lens as medical devices, and I lens wearers have the right to safely purchase (H.R. 2218) to amend the Federal Food, commend the gentleman from Arkan- their lenses from the provider that best meets Drug, and Cosmetic Act to provide for sas (Mr. BOOZMAN) for his work on this their needs. Join us in support of H.R. 3140 to the regulation of noncorrective contact legislation. give consumers that right. lens as medical devices, and for other As the corrective contact lens indus- Ms. SCHAKOWSKY. Mr. Speaker, I purposes. try has grown, so has the practice of yield 3 minutes to the gentleman from The Clerk read as follows: using noncorrective contact lenses for Utah (Mr. MATHESON). H.R. 2218 cosmetic purposes. Currently, there is Mr. MATHESON. Mr. Speaker, I rise very little regulation of these lenses. to express my strong support for H.R. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in However, all contact lenses have sig- 3140, the Fairness to Contact Lens Con- Congress assembled, nificant effects on the eye and pose sumers Act. I am pleased to have been SECTION 1. FINDINGS. health risks if improperly manufac- an original cosponsor of this bipartisan The Congress finds as follows: tured or used without the supervision legislation. It simply does the right (1) All contact lenses have significant ef- of a qualified eye care practitioner. thing for consumers. fects on the eye and pose serious potential Both corrective and noncorrective con- This legislation will require eye doc- health risks if improperly manufactured or tact lenses have been approved as med- tors and optometrists to provide pa- used without appropriate involvement of a ical devices by the FDA. It just makes tients with a copy of their prescription qualified eye care professional. sense that the FDA should have the au- for contact lenses, regardless of wheth- (2) Most contact lenses currently marketed thority to regulate these lenses. er or not the patient asks for that in the United States, including certain plano Mr. Speaker, having said that, I copy. And the bill also requires that and decorative contact lenses, have been approved as medical devices pursuant to pre- would urge all of my colleagues to sup- these prescribers to verify and provide market approval applications or cleared purport this important resolution. a copy of the prescription to any per- suant to premarket notifications by the Mr. Speaker, I reserve the balance of son designated by the consumer to act Food and Drug Administration (‘‘FDA’’). my time. on their behalf, such as third-party (3) FDA has asserted medical device juris- Mr. BROWN of Ohio. Mr. Speaker, I sellers. diction over most corrective and noncorrec- What many people may not know, is tive contact lenses as medical devices cur- yield myself such time as I may con- that eye doctors have been required to rently marketed in the United States, in- sume. provide patients with a copy of their cluding certain plano and decorative contact Mr. Speaker, colored and patterned lenses, so as to require approval pursuant to prescriptions for eyeglasses since 1978, contact lenses can be a fun way to ex- premarket approval applications or clear- press one’s sense of style. Noncorrec- but the same requirement for some rea- ance pursuant to premarket notifications. son has not been in place for contact tive contact lenses that are manufac- (4) All contact lenses can present risks if tured responsibly and worn under the lens prescriptions. Today, with around used without the supervision of a qualified supervision of a qualified eye care pro- 36 million Americans wearing contact eye care professional. Eye injuries in chil- lenses, ensuring that consumers are dren and other consumers have been reported fessional are useful and a perfectly safe able to obtain their contact lens pre- for contact lenses that are regulated by FDA commodity. scriptions and make a choice in where as medical devices primarily when used For years, the FDA saw it that way without professional involvement, and non- too and properly classified colored con- they purchase their contact lenses is corrective contact lenses sold without ap- simply the right thing to do. tact lenses as medical devices. In fact, proval or clearance as medical devices have just over a year ago FDA issued an offi- I strongly support this bill and urge caused eye injuries in children. my colleagues to vote for it. cial notification noting that non- SEC. 2. REGULATION OF CERTAIN ARTICLES AS corrective contacts ‘‘present signifi- Ms. SCHAKOWSKY. Mr. Speaker, I MEDICAL DEVICES. have no further requests for time, and Section 520 of the Federal Food, Drug, and cant risks of blindness and other eye I yield back the balance of my time. Cosmetic Act (21 U.S.C. 360j) is amended by injury if distributed without the in- Mr. BURR. Mr. Speaker, I yield my- adding at the end the following subsection: volvement of a qualified eye profes- self such time as I may consume to ‘‘Regulation of Contact Lens as Devices sional.’’ once again reiterate that this is a tre- ‘‘(n)(1) All contact lenses shall be deemed But in April, for whatever reason, mendous bipartisan effort that, as the to be devices under section 201(h). and we have seen an FDA that has be- gentleman from California (Mr. STARK) ‘‘(2) Paragraph 1 shall not be construed as come more and more politicized in the said, is well overdue, but this legisla- having any legal effect on any article that is last couple of years, but for some rea- tion is ripe today. I urge my colleagues not described in that paragraph.’’. son the FDA flip-flopped deciding that to support it unanimously. The SPEAKER pro tempore. Pursu- colored contact lenses were not med- Mr. Speaker, I yield back the balance ant to the rule, the gentleman from ical devices and were instead cos- of my time. Florida (Mr. BILIRAKIS) and the gen- metics. This quiet, but important, pol- The SPEAKER pro tempore (Mr. tleman from Ohio (Mr. BROWN) each icy change opened the door to a new OSE). The question is on the motion of- will control 20 minutes. public health threat.

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.027 H19PT1 H11566 CONGRESSIONAL RECORD — HOUSE November 19, 2003 By reclassifying colored contacts as There are many cases of damage Mr. WAXMAN. Mr. Speaker, I thank cosmetics, FDA eliminated the require- caused by contact lenses sold without the gentleman for yielding me this ment that these products be manufac- the supervision of an eye care profes- time. tured to exacting standards, that they sional. Take, for instance, the case of a I am very pleased to be able to join be FDA approved for safety before mar- 14-year-old girl who purchased a pair of my colleagues in urging support for a keting, and that they be labeled with decorative contact lenses from a local bill that deems all contact lenses to be directions for safe use. FDA has ex- video store and received no instruc- medical devices under the Federal pressed concern about the safety of tions on how to care for them. She Food, Drug and Cosmetic Act; and I noncorrective lenses administered ended up suffering a severe bacterial thank the gentleman from Arkansas without a doctor’s involvement. But eye infection, and ultimately had to (Mr. BOOZMAN) for his leadership in FDA’s decision to reclassify them in have a corneal transplant, which is a sponsoring this legislation. Anyone this increasingly politicized FDA, this very significant surgery. Or the 32- who has any doubts about how signifi- decision to reclassify them eliminated year-old man who bought a pair of cantly contact lenses affect the struc- its authority to require that very in- lenses at the local flea market for a ture and function of the eye need only volvement. Halloween costume. Again, the cus- spend a few minutes talking with the Despite concerns raised by Members tomer was provided with no directions gentleman from Arkansas (Mr. in the House, but more importantly by at all on proper usage. He was later di- BOOZMAN), who, by virtue of his profes- Prevent Blindness Ohio and other eye agnosed with a corneal abrasion. He sional training, understands these dan- health advocates, FDA went ahead had scratched his eye because they did gers better than anyone else in the with this misguided plan. This bill cor- not fit his eye. He was later in a situa- House of Representatives. rects that mistake by statutorily re- tion that resulted in possible perma- This bill is urgently needed. All con- classifying noncorrective contacts as nent loss of vision. tact lenses pose serious health risks. medical devices by statute. This bill Unfortunately, there are many, many Lenses the wrong size can deprive the was carefully drafted to ensure that more people whose vision has been surface of the eye of oxygen. Lenses this would be its only effect, and it compromised because of this type of worn for too long can cause painful ul- clearly states this change will have no contact lens being available to the gen- cerations of the cornea. Lenses that limiting effect on FDA’s discretion in eral public without the supervision of are poorly manufactured or misused classifying other products under the eye care professionals. It is important can become contaminated and cause vi- Food, Drug and Cosmetic Act. to know that although adults are af- sion-threatening infections. Until re- H.R. 2218 enjoys bipartisan support in fected by the availability of these cently, FDA had the tools to control the Committee on Energy and Com- lenses, our children are the most vul- the risks of contact lenses. They con- merce. The chairman of the Sub- nerable. As all of us who have children sidered all lenses of all types to be committee on Health, the gentleman know, reason is often overruled by the Class III medical devices. Using its from Florida (Mr. BILIRAKIS), and I desire to be fashionable and trendy. medical device authority, the FDA re- have cosponsored this legislation, as Selling lenses to change one’s eye quired that companies follow good have several other colleagues; and I am color in video stores, flea markets, hair manufacturing standards, obtain ap- joined on the floor today by two other salons, and gas stations is inviting proval prior to marketing, report ad- leading health advocates, the gen- trouble and, frankly, should not be al- verse events promptly, and sell their tleman from California (Mr. WAXMAN) lowed. lenses only with a prescription from an and the gentlewoman from California A simple eye infection is the least of eye care professional. (Ms. ESHOO). I urge my colleagues to problems with unsupervised contact However, under FDA’s current inter- join us in supporting this important lens use. The worst is it can lead to pretation of the law, some contact legislation in protecting the vision and permanent blindness. Proper care of lenses are now considered cosmetic, health of American consumers. the lenses and instructions on the cor- nonmedical devices. These lenses, Mr. Speaker, I reserve the balance of rect way to use them are the keys to which the agency refers to as decora- my time. preventing these afflictions. Con- tive lenses, are colored or feature un- Mr. BILIRAKIS. Mr. Speaker, I yield sumers are not getting this informa- usual designs. These lenses pose ex- such time as he may consume to the tion from the video store clerk or the actly the same health risks as other gentleman from Arkansas (Mr. gas station attendant. lenses, yet today these lenses only BOOZMAN), who is himself an optom- H.R. 2218 presents a simple fix to a have to comply with requirements for etrist and certainly has lived with this dangerous problem. This bill is not in- cosmetics, and there are very few re- problem for many, many years and tended to address the complicated legal quirements and they are difficult to en- knows the real world, and I thank the issues surrounding intended use. The force. gentleman for bringing this to our at- gentleman from California (Mr. WAX- Treating them in this way, I believe, tention. MAN) and I have worked hard to ensure is a recipe for disaster. Lenses sold out- Mr. BOOZMAN. Mr. Speaker, I thank that the language in this bill remains side the protections of medical device the gentleman from Florida (Chairman neutral on this question, and I think laws have caused numerous eye inju- BILIRAKIS) for yielding me this time. we have succeeded. ries. It is critically important that I also thank the gentleman from Additionally H.R. 2218 is being en- FDA have the ability to stop these dan- California (Mr. WAXMAN) and his staff dorsed by the health care community, gerous sales as quickly and efficiently for working so hard on this bill. They including the American Optometric As- as possible. The solution is simple: have really gone above and beyond the sociation and the American Academy treat all contact lenses as medical de- call of duty in spending a great deal of of Ophthalmology, as well as the lead- vices. No contact lenses should be clas- time getting this to the situation that ing manufacturers in the contact lens sified in the same category as lipstick. we have now. I also thank the gen- industry and consumer protection H.R. 2218 would ensure that all con- tleman from Florida (Mr. BILIRAKIS) groups. tact lenses are treated the same as for his help and the gentleman from Mr. Speaker, I cannot stress strongly medical devices. This bill is enforced Louisiana (Mr. TAUZIN). enough that unregulated, unsupervised by professional associations rep- Today we have the opportunity to use of decorative contact lenses is ex- resenting ophthalmologists and optom- close a loophole that has caused harm tremely hazardous to one’s health. etrists, by leading manufacturers and to many people young and old through- H.R. 2218 would simply close that loop- by consumer groups. It is a basic con- out the country. The loophole is a hole that allows these lenses to be sold sumer protection, and it is common quirk in the law that allows decora- unregulated. I would strongly encour- sense. tive, plain old contact lenses to be sold age my colleagues to support H.R. 2218. Finally, let me say this bill has been without a prescription. Although this Mr. BROWN of Ohio. Mr. Speaker, I written with the understanding and may not sound like a big deal, as a yield such time as he may consume to agreement of all parties that it should practicing optometrist for over 25 the gentleman from California (Mr. not be interpreted as either a rejection years, it is. WAXMAN). or a ratification of the legal arguments

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.104 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11567 underlying FDA’s decision to treat SECTION 1. SHORT TITLE. as appropriate, of the requirement to submit noncorrective lenses as cosmetics. For This Act may be cited as the ‘‘Pediatric assessments for a drug or biological product that reason, the bill includes a rule of Research Equity Act of 2003’’. under this subsection if the applicant cer- construction stating that the bill SEC. 2. RESEARCH INTO PEDIATRIC USES FOR tifies and the Secretary finds that— DRUGS AND BIOLOGICAL PROD- ‘‘(i) necessary studies are impossible or should not be construed as having any UCTS. highly impracticable (because, for example, effect on any product regulated by the (a) IN GENERAL.—Subchapter A of chapter the number of patients is so small or the pa- FDA other than the specific contact V of the Federal Food, Drug, and Cosmetic tients are geographically dispersed); lenses at issue here. I thank the gen- Act (21 U.S.C. 351 et seq.) is amended by in- ‘‘(ii) there is evidence strongly suggesting tleman from Ohio and the distin- serting after section 505A the following: that the drug or biological product would be guished chairman of the Subcommittee ‘‘SEC. 505B. RESEARCH INTO PEDIATRIC USES ineffective or unsafe in all pediatric age on Health, and I join with every Mem- FOR DRUGS AND BIOLOGICAL PROD- groups; or ber who has spoken on this bill in urg- UCTS. ‘‘(iii) the drug or biological product— ‘‘(a) NEW DRUGS AND BIOLOGICAL PROD- ‘‘(I) does not represent a meaningful thera- ing support for it. peutic benefit over existing therapies for pe- Mr. BILIRAKIS. Mr. Speaker, I have UCTS.— ‘‘(1) IN GENERAL.—A person that submits an diatric patients; and no further requests for time, and I application (or supplement to an applica- ‘‘(II) is not likely to be used in a substan- yield back the balance of my time. tion)— tial number of pediatric patients. Mr. BROWN of Ohio. Mr. Speaker, I ‘‘(A) under section 505 for a new active in- ‘‘(B) PARTIAL WAIVER.—On the initiative of have no further requests for time, and gredient, new indication, new dosage form, the Secretary or at the request of an appli- I yield back the balance of my time. new dosing regimen, or new route of admin- cant, the Secretary shall grant a partial The SPEAKER pro tempore (Mr. istration; or waiver, as appropriate, of the requirement to submit assessments for a drug or biological OSE). The question is on the motion of- ‘‘(B) under section 351 of the Public Health product under this subsection with respect fered by the gentleman from Florida Service Act (42 U.S.C. 262) for a new active ingredient, new indication, new dosage form, to a specific pediatric age group if the appli- (Mr. BILIRAKIS) that the House suspend cant certifies and the Secretary finds that— the rules and pass the bill, H.R. 2218, as new dosing regimen, or new route of administration; ‘‘(i) necessary studies are impossible or amended. highly impracticable (because, for example, The question was taken; and (two- shall submit with the application the assess- the number of patients in that age group is ments described in paragraph (2). thirds having voted in favor thereof) so small or patients in that age group are ‘‘(2) ASSESSMENTS.— the rules were suspended and the bill, geographically dispersed); ‘‘(A) IN GENERAL.—The assessments re- ‘‘(ii) there is evidence strongly suggesting as amended, was passed. ferred to in paragraph (1) shall contain data, The title of the bill was amended so that the drug or biological product would be gathered using appropriate formulations for ineffective or unsafe in that age group; as to read: ‘‘A bill to amend the Fed- each age group for which the assessment is ‘‘(iii) the drug or biological product— eral Food, Drug, and Cosmetic Act to required, that are adequate— ‘‘(I) does not represent a meaningful thera- provide for the regulation of all con- ‘‘(i) to assess the safety and effectiveness peutic benefit over existing therapies for pe- tact lenses as medical devices, and for of the drug or the biological product for the diatric patients in that age group; and other purposes.’’. claimed indications in all relevant pediatric ‘‘(II) is not likely to be used by a substan- A motion to reconsider was laid on subpopulations; and tial number of pediatric patients in that age ‘‘(ii) to support dosing and administration the table. group; or for each pediatric subpopulation for which ‘‘(iv) the applicant can demonstrate that f the drug or the biological product is safe and reasonable attempts to produce a pediatric FURTHER MESSAGE FROM THE effective. formulation necessary for that age group ‘‘(B) SIMILAR COURSE OF DISEASE OR SIMILAR SENATE have failed. EFFECT OF DRUG OR BIOLOGICAL PRODUCT.— ‘‘(C) PEDIATRIC FORMULATION NOT POS- A further message from the Senate ‘‘(i) IN GENERAL.—If the course of the dis- SIBLE.—If a waiver is granted on the ground by Mr. Monahan, one of its clerks, an- ease and the effects of the drug are suffi- that it is not possible to develop a pediatric nounced that the Senate has passed ciently similar in adults and pediatric pa- formulation, the waiver shall cover only the with an amendment in which the con- tients, the Secretary may conclude that pe- pediatric groups requiring that formulation. currence of the House is requested, a diatric effectiveness can be extrapolated ‘‘(D) LABELING REQUIREMENT.—If the Sec- from adequate and well-controlled studies in bill of the House of the following title: retary grants a full or partial waiver because adults, usually supplemented with other in- there is evidence that a drug or biological H.R. 2297. An act to amend title 38, United formation obtained in pediatric patients, product would be ineffective or unsafe in pe- States Code, to improve benefits under laws such as pharmacokinetic studies. diatric populations, the information shall be administered by the Secretary of Veterans ‘‘(ii) EXTRAPOLATION BETWEEN AGE included in the labeling for the drug or bio- Affairs, and for other purposes. GROUPS.—A study may not be needed in each logical product. The message also announced that the pediatric age group if data from 1 age group ‘‘(b) MARKETED DRUGS AND BIOLOGICAL Senate has passed a bill of the fol- can be extrapolated to another age group. PRODUCTS.— lowing title in which the concurrence ‘‘(3) DEFERRAL.—On the initiative of the ‘‘(1) IN GENERAL.—After providing notice in of the House is requested: Secretary or at the request of the applicant, the form of a letter and an opportunity for the Secretary may defer submission of some written response and a meeting, which may S. 1156. An act to amend title 38, United or all assessments required under paragraph include an advisory committee meeting, the States Code, to improve and enhance provi- (1) until a specified date after approval of the Secretary may (by order in the form of a let- sion of health care for veterans, to authorize drug or issuance of the license for a biologi- ter) require the holder of an approved appli- major construction projects and other facili- cal product if— cation for a drug under section 505 or the ties matters for the Department of Veterans ‘‘(A) the Secretary finds that— holder of a license for a biological product Affairs, to enhance and improve authorities ‘‘(i) the drug or biological product is ready under section 351 of the Public Health Serv- relating to the administration of personnel for approval for use in adults before pediatric ice Act (42 U.S.C. 262) to submit by a speci- of the Department of Veterans Affairs, and studies are complete; fied date the assessments described in sub- for other purposes. ‘‘(ii) pediatric studies should be delayed section (a)(2) if the Secretary finds that— f until additional safety or effectiveness data ‘‘(A)(i) the drug or biological product is PEDIATRIC RESEARCH EQUITY have been collected; or used for a substantial number of pediatric ACT OF 2003 ‘‘(iii) there is another appropriate reason patients for the labeled indications; and for deferral; and ‘‘(ii) the absence of adequate labeling could Mr. BILIRAKIS. Mr. Speaker, I move ‘‘(B) the applicant submits to the Sec- pose significant risks to pediatric patients; to suspend the rules and pass the Sen- retary— or ate bill (S. 650) to amend the Federal ‘‘(i) certification of the grounds for defer- ‘‘(B)(i) there is reason to believe that the Food, Drug, and Cosmetic Act to au- ring the assessments; drug or biological product would represent a thorize the Food and Drug Administra- ‘‘(ii) a description of the planned or ongo- meaningful therapeutic benefit over existing ing studies; and therapies for pediatric patients for 1 or more tion to require certain research into ‘‘(iii) evidence that the studies are being of the claimed indications; and drugs used in pediatric patients. conducted or will be conducted with due dili- ‘‘(ii) the absence of adequate labeling could The Clerk read as follows: gence and at the earliest possible time. pose significant risks to pediatric patients. S. 650 ‘‘(4) WAIVERS.— ‘‘(2) WAIVERS.— Be it enacted by the Senate and House of Rep- ‘‘(A) FULL WAIVER.—On the initiative of ‘‘(A) FULL WAIVER.—At the request of an resentatives of the United States of America in the Secretary or at the request of an appli- applicant, the Secretary shall grant a full Congress assembled, cant, the Secretary shall grant a full waiver, waiver, as appropriate, of the requirement to

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.106 H19PT1 H11568 CONGRESSIONAL RECORD — HOUSE November 19, 2003 submit assessments under this subsection if ‘‘(aa) no contract or grant has been award- (1) Section 505(b)(1) of the Federal Food, the applicant certifies and the Secretary ed under section 409I or 499 of the Public Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) finds that— Health Service Act (42 U.S.C. 284m, 290b); and is amended in the second sentence— ‘‘(i) necessary studies are impossible or ‘‘(bb) not less than 270 days have passed (A) by striking ‘‘and (F)’’ and inserting highly impracticable (because, for example, since the date of a certification under sub- ‘‘(F)’’; and the number of patients in that age group is paragraph (B) that there are sufficient funds (B) by striking the period at the end and so small or patients in that age group are to conduct the study. inserting ‘‘, and (G) any assessments re- geographically dispersed); or ‘‘(B) NO AGREEMENT TO REQUEST.—Not later quired under section 505B.’’. ‘‘(ii) there is evidence strongly suggesting than 60 days after determining that no hold- (2) Section 505A(h) of the Federal Food, that the drug or biological product would be er will agree to the written request (includ- Drug, and Cosmetic Act (21 U.S.C. 355a(h)) is ineffective or unsafe in all pediatric age ing a determination that the Secretary has amended— groups. not received a response specified under sec- (A) in the subsection heading, by striking ‘‘(B) PARTIAL WAIVER.—At the request of an tion 505A(d) of this Act or section 409I of the ‘‘REGULATIONS’’ and inserting ‘‘PEDIATRIC applicant, the Secretary shall grant a partial Public Health Service Act (42 U.S.C. 284m), RESEARCH REQUIREMENTS’’; and waiver, as appropriate, of the requirement to the Secretary shall certify whether the Sec- (B) by striking ‘‘pursuant to regulations submit assessments under this subsection retary has sufficient funds to conduct the promulgated by the Secretary’’ and inserting with respect to a specific pediatric age group study under section 409I or 499 of the Public ‘‘by a provision of law (including a regula- if the applicant certifies and the Secretary Health Service Act (42 U.S.C. 284m, 290b), tion) other than this section’’. finds that— taking into account the prioritization under (3) Section 351(a)(2) of the Public Health ‘‘(i) necessary studies are impossible or section 409I. Service Act (42 U.S.C. 262(a)(2)) is amended— ‘‘(c) MEANINGFUL THERAPEUTIC BENEFIT.— highly impracticable (because, for example, (A) by redesignating subparagraph (B) as For the purposes of paragraph (4)(A)(iii)(I) subparagraph (C); and the number of patients in that age group is and (4)(B)(iii)(I) of subsection (a) and para- (B) by inserting after subparagraph (A) the so small or patients in that age group are graphs (1)(B)(i) and (2)(B)(iii)(I)(aa) of sub- following: geographically dispersed); section (b), a drug or biological product shall ‘‘(B) PEDIATRIC STUDIES.—A person that ‘‘(ii) there is evidence strongly suggesting be considered to represent a meaningful submits an application for a license under that the drug or biological product would be therapeutic benefit over existing therapies if this paragraph shall submit to the Secretary ineffective or unsafe in that age group; the Secretary estimates that— as part of the application any assessments ‘‘(iii)(I) the drug or biological product— ‘‘(1) if approved, the drug or biological required under section 505B of the Federal ‘‘(aa) does not represent a meaningful product would represent a significant im- Food, Drug, and Cosmetic Act.’’. therapeutic benefit over existing therapies provement in the treatment, diagnosis, or for pediatric patients in that age group; and SEC. 3. TECHNICAL AND CONFORMING AMEND- prevention of a disease, compared with mar- MENTS. ‘‘(bb) is not likely to be used in a substan- keted products adequately labeled for that tial number of pediatric patients in that age use in the relevant pediatric population; or (a) ABBREVIATED NEW DRUG APPLICATION.— group; and ‘‘(2) the drug or biological product is in a Section 505A of the Federal Food, Drug, and ‘‘(II) the absence of adequate labeling class of products or for an indication for Cosmetic Act (21 U.S.C. 355a) is amended in could not pose significant risks to pediatric which there is a need for additional options. subparagraphs (A) and (B) of subsection (b)(2) patients; or ‘‘(d) SUBMISSION OF ASSESSMENTS.—If a per- and subparagraphs (A) and (B) of subsection ‘‘(iv) the applicant can demonstrate that son fails to submit an assessment described (c)(2) by striking ‘‘505(j)(4)(B)’’ and inserting reasonable attempts to produce a pediatric in subsection (a)(2), or a request for approval ‘‘505(j)(5)(B)’’. formulation necessary for that age group of a pediatric formulation described in sub- (b) PEDIATRIC ADVISORY COMMITTEE.— have failed. section (a) or (b), in accordance with applica- (1) Section 505A(i)(2) of the Federal Food, ‘‘(C) PEDIATRIC FORMULATION NOT POS- ble provisions of subsections (a) and (b)— Drug, and Cosmetic Act (21 U.S.C. 355a(i)(2)) SIBLE.—If a waiver is granted on the ground ‘‘(1) the drug or biological product that is is amended by striking ‘‘Advisory Sub- that it is not possible to develop a pediatric the subject of the assessment or request may committee of the Anti-Infective Drugs’’ each formulation, the waiver shall cover only the be considered misbranded solely because of place it appears. pediatric groups requiring that formulation. that failure and subject to relevant enforce- (2) Section 14 of the Best Pharmaceuticals ‘‘(D) LABELING REQUIREMENT.—If the Sec- ment action (except that the drug or biologi- for Children Act (42 U.S.C. 284m note; Public retary grants a full or partial waiver because cal product shall not be subject to action Law 107–109) is amended— there is evidence that a drug or biological under section 303); but (A) in the section heading, by striking product would be ineffective or unsafe in pe- ‘‘(2) the failure to submit the assessment ‘‘PHARMACOLOGY’’; diatric populations, the information shall be or request shall not be the basis for a pro- (B) in subsection (a), by striking ‘‘(42 included in the labeling for the drug or bio- ceeding— U.S.C. 217a),’’ and inserting (42 U.S.C. 217a) logical product. ‘‘(A) to withdraw approval for a drug under or other appropriate authority,’’; ‘‘(3) RELATIONSHIP TO OTHER PEDIATRIC PRO- section 505(e); or (C) in subsection (b)— VISIONS.— ‘‘(B) to revoke the license for a biological (i) in paragraph (1), by striking ‘‘and in ‘‘(A) NO ASSESSMENT WITHOUT WRITTEN RE- product under section 351 of the Public consultation with the Director of the Na- QUEST.—No assessment may be required Health Service Act (42 U.S.C. 262). tional Institutes of Health’’; and under paragraph (1) for a drug subject to an ‘‘(e) MEETINGS.—Before and during the in- (ii) in paragraph (2), by striking ‘‘and approved application under section 505 un- vestigational process for a new drug or bio- 505A’’ and inserting ‘‘505A, and 505B’’; and less— logical product, the Secretary shall meet at (D) by striking ‘‘pharmacology’’ each place ‘‘(i) the Secretary has issued a written re- appropriate times with the sponsor of the it appears and inserting ‘‘therapeutics’’. quest for a related pediatric study under sec- new drug or biological product to discuss— (3) Section 15(a)(2)(A) of the Best Pharma- tion 505A(c) of this Act or section 409I of the ‘‘(1) information that the sponsor submits ceuticals for Children Act (115 Stat. 1419) is Public Health Service Act (42 U.S.C. 284m); on plans and timelines for pediatric studies; amended by striking ‘‘Pharmacology’’. ‘‘(ii)(I) if the request was made under sec- or (4) Section 16(1)(C) of the Best Pharma- tion 505A(c)— ‘‘(2) any planned request by the sponsor for ceuticals for Children Act (21 U.S.C. 355a ‘‘(aa) the recipient of the written request waiver or deferral of pediatric studies. note; Public Law 107–109) is amended by ‘‘(f) SCOPE OF AUTHORITY.—Nothing in this striking ‘‘Advisory Subcommittee of the does not agree to the request; or section provides to the Secretary any au- Anti-Infective Drugs’’. ‘‘(bb) the Secretary does not receive a re- thority to require a pediatric assessment of (5) Section 17(b)(1) of the Best Pharma- sponse as specified under section any drug or biological product, or any as- ceuticals for Children Act (21 U.S.C. 505A(d)(4)(A); or sessment regarding other populations or uses 355b(b)(1)) is amended in the second sentence ‘‘(II) if the request was made under section of a drug or biological product, other than by striking ‘‘Advisory Subcommittee of the 409I of the Public Health Service Act (42 the pediatric assessments described in this Anti-Infective Drugs’’. U.S.C. 284m)— section. (6) Paragraphs (8), (9), and (11) of section ‘‘(aa) the recipient of the written request ‘‘(g) ORPHAN DRUGS.—Unless the Secretary 409I(c) of the Public Health Service Act (42 does not agree to the request; or requires otherwise by regulation, this sec- U.S.C. 284m(c)) are amended by striking ‘‘Ad- ‘‘(bb) the Secretary does not receive a re- tion does not apply to any drug for an indi- visory Subcommittee of the Anti-Infective sponse as specified under section 409I(c)(2) of cation for which orphan designation has been Drugs’’ each place it appears. that Act; and granted under section 526. SEC. 4. EFFECTIVE DATE. ‘‘(iii)(I) the Secretary certifies under sub- ‘‘(h) INTEGRATION WITH OTHER PEDIATRIC paragraph (B) that there are insufficient STUDIES.—The authority under this section (a) IN GENERAL.—Subject to subsection (b), funds under sections 409I and 499 of the Pub- shall remain in effect so long as an applica- this Act and the amendments made by this lic Health Service Act (42 U.S.C. 284m, 290b) tion subject to this section may be accepted Act take effect on the date of enactment of to conduct the study; or for filing by the Secretary on or before the this Act. ‘‘(II) the Secretary publishes in the Federal date specified in section 505A(n).’’. (b) APPLICABILITY TO NEW DRUGS AND BIO- Register a certification that certifies that— (b) CONFORMING AMENDMENTS.— LOGICAL PRODUCTS.—

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.030 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11569 (1) IN GENERAL.—Subsection (a) of section been a long-time supporter of pediatric I have, Mr. Speaker, one important 505B of the Federal Food, Drug, and Cos- research efforts. To that end, it is im- concern with this otherwise laudable metic Act (as added by section 2) shall apply portant that the FDA has the author- legislation. It relates to a controversial to an application described in paragraph (1) ity that it needs to require pediatric provision added by the other body of that subsection submitted to the Sec- retary of Health and Human Services on or studies and also information for drugs which terminates the testing require- after April 1, 1999. and biological products in cases where ment when the pediatric marketing ex- (2) WAIVERS AND DEFERRALS.— the needed information is not gen- clusivity provision expires. There is no (A) WAIVER OR DEFERRAL GRANTED.—If, erated by using existing incentive and policy justification for this change. If with respect to an application submitted to funding mechanisms. S. 650 will provide it is responsible to require pediatric the Secretary of Health and Human Services that authority. testing today, it will be no less respon- between April 1, 1999, and the date of enact- I think it is appropriate to express sible to do so after the government ment of this Act, a waiver or deferral of pedi- appreciation to Senator DEWINE for subsidy for pediatric testing has ex- atric assessments was granted under regula- pired. America’s children, pure and tions of the Secretary then in effect, the this piece of legislation and to the gen- waiver or deferral shall be a waiver or defer- tleman from Ohio (Mr. BROWN), the simple, are not served by this lan- ral under subsection (a) of section 505B of the gentleman from California (Mr. WAX- guage. The only ones who benefit again Federal Food, Drug, and Cosmetic Act, ex- MAN), the gentlewoman from California are drugmakers. It has been a really cept that any date specified in such a defer- (Ms. ESHOO) and so many others who good week for drugmakers in this coun- ral shall be extended by the number of days have shown concern in this regard and, try. As good as this bill is, they get a that is equal to the number of days between of course, join us here today. benefit they do not deserve. They also October 17, 2002, and the date of enactment I urge my colleagues to support the get a benefit later in the week if this of this Act. bill that the Senate has passed. House passes the Medicare bill to the (B) WAIVER AND DEFERRAL NOT GRANTED.— Mr. Speaker, I reserve the balance of tune of about $140 billion more in prof- If, with respect to an application submitted to the Secretary of Health and Human Serv- my time. its on a bill that, frankly, they and the ices between April 1, 1999, and the date of en- Mr. BROWN of Ohio. Mr. Speaker, I Republican majority and President actment of this Act, neither a waiver nor de- yield myself such time as I may con- Bush sat down and wrote to help the ferral of pediatric assessments was granted sume. drug industry and the insurance indus- under regulations of the Secretary then in I would like to thank the gentleman try. effect, the person that submitted the appli- from California (Mr. WAXMAN), the gen- This provision in our bill is objec- cation shall be required to submit assess- tlewoman from California (Ms. ESHOO), tionable on procedural grounds, also. ments under subsection (a)(2) of section 505B the gentleman from Pennsylvania (Mr. The other body acted months ago, but of the Federal Food, Drug, and Cosmetic Act GREENWOOD) and the gentleman from the Committee on Energy and Com- on the date that is the later of— merce did not schedule a markup that (i) the date that is 1 year after the date of Michigan (Mr. STUPAK) for their leader- enactment of this Act; or ship on the important issue of prescrip- would have permitted us to debate and (ii) such date as the Secretary may specify tion drug research for children. The vote on the sunset provision and con- under subsection (a)(3) of that section; legislation we consider today is in sider related issues important espe- unless the Secretary grants a waiver under large part the product of their hard cially to the gentleman from Michigan subsection (a)(4) of that section. work and their good work. (Mr. STUPAK) and to other Members. I (c) NO LIMITATION OF AUTHORITY.—Neither The FDA requires drug manufactur- hope this process will not become the the lack of guidance or regulations to imple- ers to verify the safety and effective- model for health legislation in this ment this Act or the amendments made by ness of a new medicine before it can be House. this Act nor the pendency of the process for sold in our country. But because most Having said that, the bill is an im- issuing guidance or regulations shall limit research has been done on adults, new portant step forward in children’s the authority of the Secretary of Health and health. America’s leading children’s Human Services under, or defer any require- medicines that are safe and effective in ment under, this Act or those amendments. grownups may not be safe and effective health advocates also strongly support when used in children. That is why we the Pediatric Rule. The American The SPEAKER pro tempore. Pursu- Academy of Pediatrics called it an es- ant to the rule, the gentleman from enacted legislation rewarding safety and efficacy testing that focuses on sential tool. The Elizabeth Glaser Pedi- Florida (Mr. BILIRAKIS) and the gen- atric AIDS Foundation said it will tleman from Ohio (Mr. BROWN) each children. Drug companies that voluntarily conduct this testing are granted safeguard children by taking the guess- will control 20 minutes. work out of children’s medicine. The Chair recognizes the gentleman what amounts to a patent extension on the pediatric use of their medicines. I hope Members will join me in vot- from Florida (Mr. BILIRAKIS). ing to send the Pediatric Research Eq- GENERAL LEAVE Though progress has been made, an article published last year in the New uity Act to the White House. Mr. BILIRAKIS. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of England Journal of Medicine confirmed unanimous consent that all Members my time. may have 5 legislative days within that fully 60 percent of drugs coming to Mr. BILIRAKIS. Mr. Speaker, I con- which to revise and extend their re- the market remain unstudied and tinue to reserve the balance of my marks and to insert extraneous mate- unlabeled for use in children. FDA’s time. rial on the bill. Pediatric Rule addressed that concern, Mr. BROWN of Ohio. Mr. Speaker, I The SPEAKER pro tempore. Is there but a Federal judge struck it down last yield 5 minutes to the gentlewoman objection to the request of the gen- year because, according to those from California (Ms. ESHOO), one of the tleman from Florida? judges, the agency lacked sufficient authors of this legislation. There was no objection. statutory authority. Ms. ESHOO. I thank the distin- The legislation today before us cor- guished ranking member for yielding b 1530 rects that deficiency and codifies the me this time. Mr. BILIRAKIS. Mr. Speaker, I yield Pediatric Rule. S. 650 requires pediatric Mr. Speaker, I rise today in support myself such time as I may consume. testing as a condition of new drug ap- of S. 650, the Pediatric Research Equity Mr. Speaker, I rise today in support proval every time. It authorizes re- Act. As the Democratic sponsor of the of S. 650, the Pediatric Research Equity sponsible exceptions, though, deferrals House version of this legislation, along Act. This bill gives the Food and Drug and waivers when these actions would with the gentleman from Pennsylvania Administration new statutory author- be determined to serve the interests of (Mr. GREENWOOD), I am very excited ity to require certain pediatric tests, patients. This approach will ensure that this important bipartisan legisla- to require certain research into drugs that most medicines are testified for tion is being considered before Con- used for pediatric patients, and it pro- safety and effectiveness in children be- gress departs and closes shop before the vides for appropriate enforcement of fore they hit the market. It gives the end of this year. the requirement to submit timely pedi- FDA the flexibility to move drugs to In the last session, the Congress took atric assessments. market when testing is unwarranted or an important step toward increasing As chairman of the Energy and Com- impossible or would hold up a drug im- drug safety for children by reauthor- merce Subcommittee on Health, I have portant for adult patients. izing the Best Pharmaceuticals for

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.030 H19PT1 H11570 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Children Act, a bill that I also cospon- around here are not, the underlying the availability of the product for sored with the gentleman from Penn- bill and the goals it contains are ones adults. sylvania (Mr. GREENWOOD). The law that every single Member of the House Mr. Speaker, this legislation com- provided 6 months of marketing exclu- can and should support. plements the Best Pharmaceuticals for sivity for prescription drug manufac- Finally, Mr. Speaker, I want to offer Children Act which Congress passed 2 turers who undertake the costly, but my unending gratitude to our com- years ago. That law recognizes the im- very necessary, task of testing drugs mittee staff for their work on moving portance of pediatric drug testing by for safety and efficacy in children. this bill forward. In particular, I would offering an incentive to companies who Prior to its enactment, there was little like to thank Patrick Ronan with the conduct tests of drugs on children. if any information on how drugs af- majority for his help and John Ford on However, certain medicines are not fected children. That surprised a lot of the minority side for his assistance and captured by the Best Pharmaceuticals people. Most people assumed that the his advice. As always, it has been infor Children Act and, therefore, will be process was really very different. Doc- valuable. I also wish to recognize the left unstudied for pediatric use without tors were cutting adult pills in half, leadership of the gentleman from Flor- the rule. Both the BPCA and the rule hoping they would work in children, ida (Mr. BILIRAKIS) and always to my are needed as a strong, two-prong ap- often with life-threatening results. In partner, the gentleman from Pennsyl- proach to ensure that drugs are appro- the years since its passage, the Best vania (Mr. GREENWOOD). I think we priately studied and labeled for infants, Pharmaceuticals for Children Act has have been able to get some really im- children and adolescents. yielded significant and lifesaving dos- portant things done. I wish to recog- Mr. Speaker, this legislation was dis- ing and efficacy information for pre- nize the inspiration of Dr. Phil Pizzo, charged from the Committee on Energy scription drugs for children, and this dean of the Stanford Medical School, a and Commerce. Many of us on both law continues to work today and work pediatrician himself. And last but sides of the aisle had hoped that the committee would consider this through very well. Anyone that is a parent can never least, Anne Wilson, my legisla- normal order as there were issues that appreciate the success this bill has had tive director. This legislation becomes both sides wanted to make about the in protecting children. her swan song. She goes off to the pri- legislation. But due to the Medicare Despite this success, there are times vate sector to do some really great and the energy conferences and the when the Food and Drug Administra- work, but this is one of the signature limitations those bills have created in tion needs additional pediatric clinical pieces that she has really worked so the committees, it was necessary for data on a drug. Since the passage of hard on. I salute her for it. this legislation to be discharged. While the Best Pharmaceuticals for Children I urge my colleagues to vote ‘‘yes’’ this was not the perfect process, I urge Act, a court struck down an important on S. 650, the Pediatric Research Eq- my colleagues to join our colleagues in regulation crafted by the FDA that uity Act, and my thanks to everyone the Senate and the 25 children’s health provided a framework for requiring that have been partners in this what I groups, including the American Acad- drug manufacturers to perform clinical think has been a noble and important emy of Pediatrics and the Elizabeth trials in pediatric populations when undertaking. Glaser Pediatric AIDS Foundation, the Agency believed they were abso- Mr. BILIRAKIS. Mr. Speaker, I yield who support this legislation. In their lutely necessary. The court argued such time as he may consume to the own words, quote, we cannot overstate that the Congress had not given the gentleman from Pennsylvania (Mr. the extraordinary contribution this FDA this authority, effectively tying GREENWOOD). the Agency’s hands with respect to pro- Mr. GREENWOOD. I thank the gen- legislation will make to children’s health. viding safer drugs for children. tleman for yielding me this time. I would also like to thank my staff In response to this court decision, Mr. Speaker, I rise in strong support member Alan Eisenberg who has the gentleman from Pennsylvania (Mr. of S. 650, the Pediatric Research Equity worked very hard for a long period on GREENWOOD) and I introduced the Pedi- Act. This legislation was passed by the this issue. I urge passage of the legisla- atric Research Equity Act, which spe- Senate by unanimous consent on July tion. cifically gives the FDA the authority 23. Earlier this year, along with the Mr. BROWN of Ohio. Mr. Speaker, I that the court struck down, the au- gentlewoman from California (Ms. yield 5 minutes to the gentleman from thority to require prescription drug ESHOO) and the gentlewoman from Ohio Michigan (Mr. STUPAK) who has been manufacturers to perform necessary (Ms. PRYCE), I introduced this legisla- an absolute leader with a great under- tests for our children. The FDA’s gold tion in the House. Both of these Mem- standing on these very complicated standard has protected American con- bers have been leaders on trying to get drug issues. sumers and America’s children for dec- this legislation enacted into law. Mr. STUPAK. I thank the gentleman ades. The Congress has to take this Children, their physicians, and their for yielding me this time. step to equip the FDA with the re- parents need to know that the drugs Mr. Speaker, the pediatric research sources and the authority it needs to they use are safe and effective. Just equity bill is not a bad bill. I agree continue this exceptional performance. over a year ago, a Federal court struck with the premise of the bill. As the This bill has very important support. down the 1998 Pediatric Rule on the ranking member of the Subcommittee Amongst that honor roll of support is grounds that Congress had not explic- on Health said, it is unfortunate that the American Academy of Pediatrics itly given the authority to require that we have not had a hearing on this bill, which has worked so well and so close- these much-needed pediatric studies be we have not had a chance to mark it ly with us, and we want to thank them done. The Pediatric Research Equity up, we have not had a chance to amend for that; the Elizabeth Glaser Pediatric Act creates a critical safety net for it. Because I would wish that Congress AIDS Foundation; the pharmaceutical children by restoring this authority. would stop for a minute and look at industry and other groups that are Before it was struck down, the Pedi- this bill before we make another fatal dedicated to providing safe and effec- atric Rule led to invaluable pediatric mistake when we deal with pharma- tive treatments to children. In years safety and dosing information. The ceuticals dealing with young people. As past, some have been critical of our rule places children on equal thera- the other speakers said, it is necessary work to increase drug safety for chil- peutic footing with adults by ensuring to test and do proper labeling on drugs dren, charging that it is really more that medicines coming into the mar- before we give them to children. We about providing incentives to drug ketplace will be labeled for pediatric need to know, I think is what the companies than it is about children. use and be available in formulations chairman said, all the ramifications This effort, as with our work on the such as liquids or chewable tablets that before we give young people drugs. This Best Pharmaceuticals for Children Act, children can take. bill goes halfway. This bill only goes has always been about making drug This legislation will also ensure that halfway. This Congress should not treatments safer and more effective for there will be no delay in the approval allow the continuation of the practice children. And while I understand that of drugs for adult use by allowing pedi- of pharmaceutical companies being the process for moving this bill forward atric testing to be deferred until after able to develop drugs but not put on has not been perfect, as so many things approval if these studies would delay proper labeling.

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.111 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11571 b 1545 I would like to see this legislation de- wrongly assume that children’s bodies Or when it is time to change the feated. That will not happen here are just smaller versions of adult bod- label, to expeditiously change the today. But once again, the Congress of ies. That is just not the case. Simply label, as the other speakers have said, the United States has punted an oppor- reducing the dosage of medicine for the we have been cutting pills in half tunity to protect our children. We once treatment of a child is not always ef- thinking for young people half a pill is again said we will allow drugs to be fective and is definitely not always better than a full pill. When they do used; we will worry about the side ef- safe. By protecting this rule, the Pedi- this testing, when it comes time to fects on young people after. There is no atric Rule, and continuing to provide label, doctors, families, patients need reason why we could not mandate prop- incentives for testing medicines for to know how should the drug be used in er labeling before. And if my colleagues kids, we will give doctors the informa- dispense. What is the proper dosage for read the language of the bill, it says tion they need to provide our children young people? What duration of time may, the Secretary may. with the best quality health care. should the pill be taken and how often? We have asked and we have talked to Mr. Speaker, when I told my con- What are the side effects of the use of the sponsor in the Senate and we have stituents at Children’s Hospital in Co- this drug? These are the questions that talked to others. We said why can they lumbus, Ohio, that this legislation are required for proper use and label- not just make it mandatory, label be- would be up for consideration today, I ing, but yet it is not required in this fore they market and use in young peo- was greeted with elation. Those who legislation nor was it required in the ple? Once again, Congress is avoiding care for and treat our children want pharmaceutical act of 2002. its responsibility to protect the health, the very best for them. They know So before a drug is marketed, it safety, and welfare of our young peo- what they need to deliver the very should be properly labeled with all the ple. The ideas behind this legislation best. They need the Pediatric Rule and necessary information to be used in pe- are great. The intent is great, but we believe it is critical to preserving the diatric patients. Doctors and patients have to follow it through. And we have long-term health and safety of our and families have no idea on how to ad- all sat in committees and heard the kids. That is exactly what this bill minister drugs or what the effect will stories of young people receiving drugs does. I am proud to be a part of making be on young people without proper la- that were improperly used or adminis- these safeguards permanent and this beling. All I am saying is we should tered that were not to be used for bill a reality. have had an opportunity to amend this young people. We find out after the legislation to make sure before a pat- fact, after the drug has been used in Mr. Speaker, I urge my colleagues to ent is extended, before a drug is given the mainstream of commerce and being join me in strengthening the health of for pediatric patients, that the proper used by physicians. our children by adopting this legisla- labeling is done and made available to Mr. BILIRAKIS. Mr. Speaker, I yield tion. Every pediatrician will rest easi- doctors, patients, and their families. It such time as she may consume to the er. I am certain that every parent will. is marketed and given to children be- gentlewoman from Ohio (Ms. PRYCE). Mr. BROWN of Ohio. Mr. Speaker, I fore we know what the effects are on Ms. PRYCE of Ohio. Mr. Speaker, I yield 5 minutes to the gentleman from young people. thank the gentleman for yielding me California (Mr. WAXMAN). As we said earlier, the Best Pharma- this time and for his strong leadership Mr. WAXMAN. Mr. Speaker, I rise in ceutical Act of 2002 did require a on this measure. support of the Pediatric Research Eq- strengthening of labeling require- Mr. Speaker, today is a great day for uity Act, and I urge other Members to ments, but it did not mandate proper America’s children. Today we will support it as well. This legislation has labeling before marketing of these stand with the President of the United been a long time in coming. Physicians drugs. While the FDA can misbrand a States on an extraordinary piece of leg- have known for decades that failing to drug for improper labeling, it has never islation, legislation that will have the test drugs in children could have dead- used the enforcement power it has. It effect of dramatically improving the ly consequences. has never used the enforcement power health and well-being of our Nation’s granted to it by Congress. As a result, children. It was not until the late 1990s that case after case, the pharmaceutical About this time last year, my good Congress and the FDA finally acted to companies have been granted patent friend and former Member, Connie ensure testing of drugs in children. In extensions and then not gone through Morella, and I introduced this legisla- 1997 Congress enacted a bill giving with the labeling of the drugs for tion to put into law the Pediatric Rule, pharmaceutical companies generous fi- years. And these drugs were not labeled a rule that required drug companies to nancial incentives for voluntarily con- misbranded by the FDA. Between 1997 conduct safety tests of adult medicines ducting pediatric studies. A year later, and 2002, the year of the Best Pharma- that were likely to be given to chil- FDA finalized a regulation known as ceutical Act for children, the average dren. We introduced that bill even be- the Pediatric Rule, requiring compa- time for labeling was 9 months after fore a U.S. district court struck down nies to conduct studies in children for the extension of that patent. Now that rule finding that the FDA did not important or widely used drugs, and based upon the Best Pharmaceutical have the authority to enforce it. We that regulation was regarded by both Act of 2002, it is still 5 months after the felt then, as we do now, that this rule the FDA and by physician and patient drug has been used in the marketplace. must be strengthened and codified to groups as essential because the finan- How on God’s green Earth can we stand ensure advancements and effectiveness cial incentives still left many impor- here and say we will label the proper in medicines that we give to our chil- tant drugs and many age groups un- use of drugs after it is marketed? Five dren. studied. Unfortunately, the Pediatric months, that is what it is right now. In light of the district court’s ruling, Rule was struck down by a district Some of them are a year. The average Members of this body renewed our ef- court last year. I believe the case was is 5 months. forts this year to see that the rule wrongly decided and that FDA had ade- If we would have had a chance to would be put into law for good. With quate authority; but we need to codify have this before our committee, we the hard work of the gentleman from the rule now, as this bill would do, in could at least have offered some Pennsylvania (Mr. GREENWOOD) and the order to provide children with the amendments. To uphold the true inten- gentlewoman from California (Ms. strongest protection of their right to tion of this legislation and the true in- ESHOO) and the blessings of the gen- receive medicines that are as safe and tent of the Best Pharmaceutical Act is tleman from Louisiana (Chairman TAU- as effective as the medicines given to to make sure we have labeling before ZIN) and the gentleman from Florida adults. drugs are put on the marketplace and (Chairman BILIRAKIS) and the gen- While I strongly support this bill, not after, requiring, and not sug- tleman from Ohio (Mr. BROWN), rank- there is one provision I do not support. gesting, that the Secretary of HHS ing member, we have found ourselves The bill contains a sunset provision label drugs as misbranded if companies today ready to move forward. which will repeal in 5 years the protec- fail to test and label these drugs for The rule is so important for a few tions for children that this bill is de- use in children. very simple reasons. Many people signed to provide. I regret this bill did

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.113 H19PT1 H11572 CONGRESSIONAL RECORD — HOUSE November 19, 2003 not go through the committee allowing the health of children be time limited? There [Roll No. 638] us the opportunity to strike this provi- are reasons, none of them good. This date YEAS—418 sion. Sunsetting the bill is simply bad just happens to coincide with the expiration of Abercrombie Deutsch Jones (NC) policy. There is no serious medical or a provision of existing law which provides a fi- Ackerman Diaz-Balart, L. Jones (OH) public health argument that it would nancially powerful incentive to drug makers to Aderholt Diaz-Balart, M. Kanjorski Akin Dicks Kaptur enhance the health of American chil- test drugs for children. Whatever the per- Alexander Dingell Keller dren to repeal this law in 5 years. Cer- ceived merits of the incentive, it costs con- Allen Doggett Kelly tainly no one makes the argument that sumers a lot of money because it delays ge- Baca Dooley (CA) Kennedy (MN) neric drug entry into the market for six months Bachus Doolittle Kennedy (RI) the rules regarding testing of drugs in Baird Doyle Kildee adults need to be reassessed every 5 beyond what would normally be the case. The Baker Dreier Kilpatrick years. rule is being tied to the incentive and that, in Baldwin Duncan Kind Since the sunset provision is not my view, is just plain wrong. Ballance Dunn King (IA) We should have had an opportunity to de- Ballenger Edwards King (NY) based on improving the public health, Barrett (SC) Ehlers Kingston why is it in the bill? I have been told bate and offer amendments to improve S. 650, Bartlett (MD) Emanuel Kirk that the law giving companies finan- but this bill is being brought to the floor with- Barton (TX) Emerson Kleczka cial incentives for conducting pediatric out being reported or otherwise considered by Bass Engel Kline the Committee on Energy and Commerce. Beauprez English Knollenberg studies sunsets every 5 years, so this Becerra Eshoo Kolbe bill should too. But the financial incen- This is an unnecessary and unwise bypass of Bell Etheridge Kucinich tives bill raises very different con- the committee of jurisdiction. The health of Bereuter Evans LaHood cerns. Those incentives extend drug America’s children is too important for us to Berkley Everett Lampson avoid careful consideration of matters that af- Berman Farr Langevin company monopolies on popular drugs, Berry Fattah Lantos which in turn raises the price of those fect them. For us to merely adopt the work Biggert Feeney Larsen (WA) drugs for all Americans. product of the Senate is to shirk our duty for Bilirakis Ferguson Larson (CT) our children. We can do better, and the fact Bishop (GA) Filner Latham The Congress has an obligation to re- Bishop (UT) Foley LaTourette assess the size of the incentives peri- that we did not do better is unfortunate. Blackburn Forbes Leach Mr. BROWN of Ohio. Mr. Speaker, I odically to make sure that the cost in Blumenauer Ford Lee have no further requests for time, and higher drug prices is worth the benefit Blunt Fossella Levin I yield back the balance of my time. Boehlert Frank (MA) Lewis (CA) being gained. Mr. BILIRAKIS. Mr. Speaker, I have Boehner Franks (AZ) Lewis (GA) There is no similar reason to reassess Bonilla Frelinghuysen Lewis (KY) no further requests for time, and I the Pediatric Rule, and I am very con- Bonner Frost Linder yield back the balance of my time. Bono Gallegly Lipinski cerned that by sunsetting the two bills The SPEAKER pro tempore (Mr. Boozman Garrett (NJ) LoBiondo together, the Congress will be put in a OSE). The question is on the motion of- Boswell Gerlach Lofgren position where reauthorization of the fered by the gentleman from Florida Boucher Gibbons Lowey Pediatric Rule is held hostage to reau- Boyd Gilchrest Lucas (KY) (Mr. BILIRAKIS) that the House suspend Bradley (NH) Gillmor Lucas (OK) thorization of the incentives. the rules and pass the Senate bill, S. Brady (PA) Gingrey Lynch The fact that we have been denied 650. Brady (TX) Gonzalez Majette the opportunity to strike the sunset is Brown (OH) Goode Maloney The question was taken; and (two- Brown (SC) Goodlatte Manzullo unfortunate. Similarly, I regret that thirds having voted in favor thereof) Brown, Corrine Gordon Markey the gentleman from Michigan (Mr. the rules were suspended and the Sen- Brown-Waite, Goss Marshall STUPAK) was denied the opportunity to ate bill was passed. Ginny Granger Matheson offer his amendment which addresses Burgess Graves Matsui A motion to reconsider was laid on Burns Green (TX) McCarthy (MO) an extremely serious issue. I strongly the table. Burr Green (WI) McCarthy (NY) support his amendment and would have f Burton (IN) Greenwood McCollum liked to have voted for it in com- Buyer Grijalva McCotter mittee. ANNOUNCEMENT BY THE SPEAKER Calvert Gutierrez McDermott PRO TEMPORE Camp Gutknecht McGovern Nevertheless, despite my concern Cannon Hall McHugh with the process, I will vote for this The SPEAKER pro tempore. Pursu- Cantor Harman McInnis bill. It is urgent that we pass this legis- ant to clause 8 of rule XX, proceedings Capito Harris McIntyre Capps Hart McKeon lation as quickly as possible. Every day will resume on motions to suspend the Capuano Hastings (FL) McNulty that we do not act to put the Pediatric rules previously postponed. Cardin Hastings (WA) Meehan Rule back into effect, we run an addi- Votes will be taken in the following Cardoza Hayes Meek (FL) tional risk that the health of American order: Carson (IN) Hayworth Meeks (NY) H.R. 2420, by the yeas and nays; Carson (OK) Hefley Menendez children will be compromised. Carter Hensarling Mica For more than 40 years, the Food and House Resolution 427, by the yeas and Case Herger Michaud Drug Act has offered a guarantee to nays; Castle Hill Millender- House Concurrent Resolution 83, by Chabot Hinchey McDonald adult Americans that their drugs will Chocola Hinojosa Miller (FL) be safe and effective. It is time we as- the yeas and nays. The first electronic vote in this se- Clay Hobson Miller (MI) sured our children of the same guar- Clyburn Hoeffel Miller (NC) ries will be conducted as a 15-minute antee. Coble Hoekstra Miller, Gary vote. The remaining votes in this series Cole Holden Miller, George This bill will also assure that all con- will be 5-minute votes. Cooper Holt Mollohan tact lens care products will be regu- Costello Honda Moore lated as device accessories. f Cox Hooley (OR) Moran (KS) Cramer Hostettler Moran (VA) Mr. DINGELL. Mr. Speaker, I support S. MUTUAL FUNDS INTEGRITY AND Crane Houghton Murphy 650, the ‘‘Pediatric Research Equity Act of FEE TRANSPARENCY ACT OF 2003 Crenshaw Hoyer Murtha 2003.’’ This bill will make clear that the Food The SPEAKER pro tempore. The Crowley Hulshof Musgrave and Drug Administration (FDA) has the author- Culberson Hunter Myrick pending business is the question of sus- Cummings Hyde Nadler ity to require testing for drugs that are admin- pending the rules and passing the bill, Cunningham Inslee Napolitano istered to children in appropriate cases. This H.R. 2420, as amended. Davis (AL) Israel Neal (MA) legislation will effectively moot pending litiga- The Clerk read the title of the bill. Davis (CA) Issa Nethercutt Davis (FL) Jackson (IL) Neugebauer tion. Last year, a Federal district court held The SPEAKER pro tempore. The Davis (IL) Jackson-Lee Ney that FDA lacked statutory authority to promul- question is on the motion offered by Davis (TN) (TX) Northup gate the pediatric rule. While appeals are the gentleman from Ohio (Mr. OXLEY) Davis, Jo Ann Janklow Norwood pending, this bill will provide a speedy and that the House suspend the rules and Davis, Tom Jefferson Nunes Deal (GA) Jenkins Nussle certain resolution of that question. pass the bill, H.R. 2420, as amended, on DeFazio John Oberstar Mr. Speaker, I do want to express my con- which the yeas and nays are ordered. DeGette Johnson (CT) Obey cerns with a provision in this bill which sunsets The vote was taken by electronic de- Delahunt Johnson (IL) Olver FDA’s authority on October 1, 2007. Why on vice, and there were—yeas 418, nays 2, DeLauro Johnson, E. B. Ortiz DeLay Johnson, Sam Osborne earth should a regulatory authority to protect not voting 14, as follows:

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.115 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11573 Ose Rush Tauscher The Clerk read the title of the resolu- McCarthy (NY) Pickering Smith (NJ) Otter Ryan (OH) Tauzin tion. McCollum Pitts Smith (TX) Owens Ryan (WI) Taylor (MS) McCotter Platts Snyder Oxley Ryun (KS) Taylor (NC) The SPEAKER pro tempore. The McCrery Pombo Solis Pallone Sabo Terry question is on the motion offered by McGovern Pomeroy Souder Pascrell Sanchez, Linda McHugh Porter Thomas the gentleman from Iowa (Mr. LEACH) Spratt Pastor T. Thompson (CA) McInnis Portman Stark Payne Sanchez, Loretta Thompson (MS) that the House suspend the rules and McIntyre Price (NC) Stearns Pearce Sanders Thornberry agree to the resolution, H. Res. 427, as McKeon Pryce (OH) Stenholm Pelosi Sandlin Tiahrt amended, on which the yeas and nays McNulty Putnam Strickland Pence Saxton Meehan Quinn Tiberi are ordered. Stupak Peterson (MN) Schakowsky Tierney Meek (FL) Radanovich Sweeney Peterson (PA) Schiff Towns This will be a 5-minute vote. Meeks (NY) Rahall Tancredo Petri Schrock Turner (OH) The vote was taken by electronic de- Menendez Ramstad Tanner Pickering Scott (GA) Turner (TX) Mica Rangel Tauscher Pitts Scott (VA) vice, and there were—yeas 409, nays 13, Udall (CO) Michaud Regula Tauzin Platts Sensenbrenner Millender- Rehberg Udall (NM) not voting 12, as follows: Taylor (MS) Pombo Serrano McDonald Renzi Upton Taylor (NC) Pomeroy Sessions [Roll No. 639] Miller (FL) Reyes Van Hollen Terry Porter Shadegg Miller (MI) Reynolds Velazquez YEAS—409 Thomas Portman Shaw Miller (NC) Rodriguez Visclosky Thompson (CA) Price (NC) Shays Abercrombie Culberson Hinchey Miller, Gary Rogers (AL) Thompson (MS) Pryce (OH) Sherman Vitter Ackerman Cummings Hinojosa Miller, George Rogers (KY) Thornberry Putnam Sherwood Walden (OR) Aderholt Cunningham Hobson Mollohan Rogers (MI) Tiahrt Quinn Shimkus Walsh Akin Davis (AL) Hoeffel Moore Rohrabacher Tiberi Radanovich Shuster Wamp Alexander Davis (CA) Hoekstra Moran (KS) Ros-Lehtinen Tierney Rahall Simmons Waters Allen Davis (FL) Holden Moran (VA) Ross Towns Ramstad Simpson Watson Baca Davis (IL) Holt Murphy Rothman Rangel Skelton Watt Bachus Davis (TN) Honda Murtha Roybal-Allard Turner (OH) Regula Slaughter Waxman Baird Davis, Jo Ann Hooley (OR) Musgrave Royce Turner (TX) Rehberg Smith (MI) Weiner Baldwin Davis, Tom Hostettler Myrick Ruppersberger Udall (CO) Renzi Smith (NJ) Weldon (FL) Ballance Deal (GA) Houghton Nadler Rush Udall (NM) Reyes Smith (TX) Weldon (PA) Ballenger DeFazio Hoyer Napolitano Ryan (OH) Upton Reynolds Snyder Weller Barrett (SC) DeGette Hulshof Neal (MA) Ryan (WI) Van Hollen Rodriguez Solis Wexler Barton (TX) Delahunt Hunter Nethercutt Ryun (KS) Velazquez Rogers (AL) Souder Whitfield Bass DeLauro Hyde Ney Sabo Visclosky Rogers (KY) Spratt Wicker Beauprez DeLay Inslee Northup Sanchez, Linda Vitter Rogers (MI) Stark Wilson (NM) Becerra Deutsch Israel Norwood T. Walden (OR) Rohrabacher Stearns Wilson (SC) Bell Diaz-Balart, L. Issa Nunes Sanchez, Loretta Walsh Ros-Lehtinen Stenholm Wolf Bereuter Diaz-Balart, M. Istook Nussle Sanders Wamp Ross Strickland Woolsey Berkley Dicks Jackson (IL) Oberstar Sandlin Waters Rothman Stupak Wu Berman Dingell Jackson-Lee Obey Saxton Watson Roybal-Allard Sweeney Wynn Berry Doggett (TX) Olver Schakowsky Watt Royce Tancredo Young (AK) Biggert Dooley (CA) Janklow Ortiz Schiff Waxman Ruppersberger Tanner Young (FL) Bilirakis Doolittle Jefferson Osborne Schrock Weiner Bishop (GA) Doyle Jenkins Ose Scott (GA) Weldon (FL) NAYS—2 Bishop (UT) Dreier John Otter Scott (VA) Weldon (PA) Flake Paul Blackburn Duncan Johnson (CT) Owens Sensenbrenner Weller Blumenauer Dunn Johnson (IL) Oxley Serrano Wexler NOT VOTING—14 Blunt Edwards Johnson, E. B. Pallone Shadegg Whitfield Boehlert Ehlers Jones (NC) Andrews DeMint McCrery Pascrell Shaw Wicker Boehner Emanuel Jones (OH) Bishop (NY) Fletcher Pastor Shays Wilson (NM) Smith (WA) Bonilla Emerson Kanjorski Collins Gephardt Payne Sherman Wilson (SC) Sullivan Bonner Engel Kaptur Conyers Isakson Pearce Sherwood Wolf Toomey Bono English Keller Cubin Istook Pelosi Shimkus Woolsey Boozman Eshoo Kelly Pence Shuster Wu ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boswell Etheridge Kennedy (MN) Peterson (MN) Simpson Wynn Boucher Farr Kennedy (RI) The SPEAKER pro tempore (Mr. Peterson (PA) Skelton Young (AK) Boyd Fattah Kildee Petri Smith (MI) Young (FL) SWEENEY) (during the vote). Members Bradley (NH) Feeney Kilpatrick are advised there are 2 minutes remain- Brady (PA) Ferguson Kind NAYS—13 ing on this vote. Brady (TX) Filner King (IA) Bartlett (MD) Hastings (FL) Sessions Brown (OH) Flake King (NY) Evans Johnson, Sam Simmons b 1620 Brown (SC) Foley Kingston Everett McDermott Slaughter Brown, Corrine Forbes Kirk Gordon Neugebauer Mr. GILLMOR changed his vote from Brown-Waite, Ford Kleczka Gutknecht Paul ‘‘nay’’ to ‘‘yea.’’ Ginny Fossella Kline Burgess Frank (MA) Knollenberg NOT VOTING—12 So (two-thirds having voted in favor Burns Franks (AZ) Kolbe Andrews Cubin Isakson thereof) the rules were suspended and Burr Frelinghuysen Kucinich Baker DeMint Smith (WA) the bill, as amended, was passed. Burton (IN) Frost LaHood Bishop (NY) Fletcher Sullivan Buyer Gallegly Lampson Collins Gephardt Toomey The result of the vote was announced Calvert Garrett (NJ) Langevin as above recorded. Camp Gerlach Lantos ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE A motion to reconsider was laid on Cannon Gibbons Larsen (WA) The SPEAKER pro tempore (during the table. Cantor Gilchrest Larson (CT) Capito Gillmor Latham the vote). Members are advised there f Capps Gingrey LaTourette are 2 minutes remaining in this vote. Capuano Gonzalez Leach 1630 ANNOUNCEMENT BY THE SPEAKER Cardin Goode Lee b PRO TEMPORE Cardoza Goodlatte Levin So (two-thirds having voted in favor Carson (IN) Goss Lewis (CA) thereof) the rules were suspended and The SPEAKER pro tempore. Pursu- Carson (OK) Granger Lewis (GA) the resolution, as amended, was agreed ant to clause 8 of rule XX, the remain- Carter Graves Lewis (KY) Case Green (TX) Linder to. der of this series of votes will be con- Castle Green (WI) Lipinski The result of the vote was announced ducted as 5-minute votes. Chabot Greenwood LoBiondo as above recorded. Chocola Grijalva Lofgren f Clay Gutierrez Lowey A motion to reconsider was laid on Clyburn Hall Lucas (KY) the table. EXPRESSING SENSE OF HOUSE RE- Coble Harman Lucas (OK) f GARDING COURAGEOUS LEADER- Cole Harris Lynch SHIP OF UNIFIED BUDDHIST Conyers Hart Majette HONORING VICTIMS OF CAM- CHURCH OF VIETNAM Cooper Hastings (WA) Maloney BODIAN GENOCIDE THAT TOOK Costello Hayes Manzullo The SPEAKER pro tempore. The Cox Hayworth Markey PLACE FROM APRIL 1975 TO JAN- pending business is the question of sus- Cramer Hefley Marshall UARY 1979 Crane Hensarling Matheson pending the rules and agreeing to the Crenshaw Herger Matsui The SPEAKER pro tempore (Mr. resolution, H. Res. 427, as amended. Crowley Hill McCarthy (MO) SWEENEY). The pending business is the

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.085 H19PT1 H11574 CONGRESSIONAL RECORD — HOUSE November 19, 2003 question of suspending the rules and Lewis (CA) Otter Shimkus for poison prevention and to stabilize agreeing to the concurrent resolution, Lewis (GA) Owens Shuster the funding of regional poison control Lewis (KY) Oxley Simmons H. Con. Res. 83. Linder Pallone Simpson centers, as amended. The Clerk read the title of the con- Lipinski Pascrell Skelton The Clerk read as follows: LoBiondo Pastor Slaughter S. 686 current resolution. Lofgren Payne Smith (MI) Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. The Lowey Pearce Smith (NJ) question is on the motion offered by Lucas (KY) Pelosi resentatives of the United States of America in Smith (TX) Congress assembled, Lucas (OK) Pence Snyder the gentleman from Iowa (Mr. LEACH) Lynch Peterson (MN) Solis SECTION 1. SHORT TITLE. that the House suspend the rules and Majette Peterson (PA) Souder This Act may be cited as the ‘‘Poison Con- Maloney Petri agree to the concurrent resolution, Spratt trol Center Enhancement and Awareness Act Manzullo Pickering H.R. 83, on which the yeas and nays are Stark Amendments of 2003’’. Markey Pitts ordered. Marshall Platts Stearns SEC. 2. FINDINGS. This will be a 5-minute vote. Matheson Pombo Stenholm The Congress finds the following: Matsui Pomeroy Strickland (1) Poison control centers are our Nation’s The vote was taken by electronic de- McCarthy (MO) Porter Stupak primary defense against injury and deaths vice, and there were—yeas 420, nays 1, McCarthy (NY) Portman Sweeney from poisoning. Twenty-four hours a day, not voting 13, as follows: McCollum Price (NC) Tancredo Tanner the general public as well as health care McCotter Putnam practitioners contact their local poison cen- [Roll No. 640] McCrery Quinn Tauscher ters for help in diagnosing and treating vic- YEAS—420 McDermott Radanovich Tauzin McGovern Rahall Taylor (MS) tims of poisoning and other toxic exposures. Abercrombie Costello Grijalva McHugh Ramstad Taylor (NC) (2) Poisoning is the third most common Ackerman Cox Gutierrez McInnis Rangel Terry form of unintentional death in the United Aderholt Cramer Gutknecht McIntyre Regula Thomas States. In any given year, there will be be- Akin Crane Hall McKeon Rehberg Thompson (CA) Alexander Crenshaw Harman tween 2,000,000 and 4,000,000 poison exposures. McNulty Renzi Thompson (MS) More than 50 percent of these exposures will Allen Crowley Harris Meehan Reyes Thornberry Baca Culberson Hart Meek (FL) Reynolds Tiahrt involve children under the age of 6 who are Bachus Cummings Hastings (FL) Meeks (NY) Rodriguez Tiberi exposed to toxic substances in their home. Baird Cunningham Hastings (WA) Menendez Rogers (AL) Tierney Poisoning accounts for 285,000 hospitaliza- Baker Davis (AL) Hayes Mica Rogers (KY) Towns tions, 1,200,000 days of acute hospital care, Baldwin Davis (CA) Hayworth Michaud Rogers (MI) Turner (OH) and 13,000 fatalities annually. Ballance Davis (FL) Hefley Millender- Rohrabacher Turner (TX) Ballenger Davis (IL) Hensarling (3) Stabilizing the funding structure and McDonald Ros-Lehtinen Udall (CO) Barrett (SC) Davis (TN) Herger increasing accessibility to poison control Miller (FL) Ross Udall (NM) Bartlett (MD) Davis, Jo Ann Hill centers will promote the utilization of poi- Miller (MI) Rothman Upton Barton (TX) Davis, Tom Hinchey son control centers, and reduce the inappro- Miller (NC) Roybal-Allard Van Hollen Bass Deal (GA) Hinojosa Miller, Gary Royce priate use of emergency medical services and Beauprez DeFazio Hobson Velazquez Miller, George Ruppersberger Visclosky other more costly health care services. Becerra DeGette Hoeffel Mollohan Rush (4) The tragic events of September 11, 2001, Bell Delahunt Hoekstra Vitter Moore Ryan (OH) Walden (OR) and the anthrax cases of October 2001, have Bereuter DeLauro Holden Moran (KS) Ryan (WI) Walsh dramatically changed our Nation. During Berkley DeLay Holt Moran (VA) Ryun (KS) Wamp Berman Deutsch Honda Murphy Sabo this time period, poison centers in many Waters Berry Diaz-Balart, L. Hooley (OR) Murtha Sanchez, Linda areas of the country were answering thou- Watson Biggert Diaz-Balart, M. Hostettler Musgrave T. sands of additional calls from concerned resi- Watt Bilirakis Dicks Houghton Myrick Sanchez, Loretta dents. Many poison centers were relied upon Waxman Bishop (GA) Dingell Hoyer Nadler Sanders as a source for accurate medical information Bishop (UT) Doggett Hulshof Napolitano Sandlin Weiner Blackburn Dooley (CA) Hyde Weldon (FL) about the disease and the complications re- Neal (MA) Saxton sulting from prophylactic antibiotic ther- Blumenauer Doolittle Inslee Nethercutt Schakowsky Weldon (PA) Blunt Doyle Israel Neugebauer Schiff Weller apy. Boehlert Dreier Issa Ney Schrock Wexler (5) The 2001 Presidential Task Force on Boehner Duncan Istook Northup Scott (GA) Whitfield Citizen Preparedness in the War on Ter- Bonilla Dunn Jackson (IL) Norwood Scott (VA) Wicker rorism recommended that the Poison Con- Bonner Edwards Jackson-Lee Nunes Sensenbrenner Wilson (NM) trol Centers be used as a source of public in- Bono Ehlers (TX) Nussle Serrano Wilson (SC) formation and public education regarding Boozman Emanuel Janklow Wolf Oberstar Sessions potential biological, chemical, and nuclear Boswell Emerson Jefferson Obey Shadegg Woolsey Boucher Engel Jenkins Olver Shaw Wu domestic terrorism. Boyd English John Ortiz Shays Wynn (6) The increased demand placed upon poi- Bradley (NH) Eshoo Johnson (CT) Osborne Sherman Young (AK) son centers to provide emergency informa- Brady (PA) Etheridge Johnson (IL) Ose Sherwood Young (FL) tion in the event of a terrorist event involv- Brady (TX) Evans Johnson, E. B. ing a biological, chemical, or nuclear toxin Brown (OH) Everett Johnson, Sam NAYS—1 will dramatically increase call volume. Brown (SC) Farr Jones (NC) Paul Brown, Corrine Fattah Jones (OH) SEC. 3. AMENDMENT TO PUBLIC HEALTH SERV- Brown-Waite, Feeney Kanjorski NOT VOTING—13 ICE ACT. Ginny Ferguson Kaptur Title XII of the Public Health Service Act Andrews Fletcher Smith (WA) Burgess Filner Keller (42 U.S.C. 300d et seq.) is amended by adding Bishop (NY) Gephardt Sullivan Burns Flake Kelly Collins Hunter at the end the following: Burr Foley Kennedy (MN) Toomey Cubin Isakson ‘‘PART G—POISON CONTROL Burton (IN) Forbes Kennedy (RI) DeMint Pryce (OH) Buyer Ford Kildee ‘‘SEC. 1271. MAINTENANCE OF A NATIONAL TOLL- Calvert Fossella Kilpatrick b 1639 FREE NUMBER. Camp Frank (MA) Kind ‘‘(a) IN GENERAL.—The Secretary shall pro- Cannon Franks (AZ) King (IA) So (two-thirds having voted in favor vide coordination and assistance to regional Cantor Frelinghuysen King (NY) thereof) the rules were suspended and poison control centers for the establishment Capito Frost Kingston the concurrent resolution was agreed of a nationwide toll-free phone number to be Capps Gallegly Kirk used to access such centers. Capuano Garrett (NJ) Kleczka to. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in Cardin Gerlach Kline The result of the vote was announced this section shall be construed as prohibiting Cardoza Gibbons Knollenberg as above recorded. Carson (IN) Gilchrest Kolbe the establishment or continued operation of Carson (OK) Gillmor Kucinich A motion to reconsider was laid on any privately funded nationwide toll-free Carter Gingrey LaHood the table. phone number used to provide advice and Case Gonzalez Lampson f other assistance for poisonings or accidental Castle Goode Langevin exposures. Chabot Goodlatte Lantos POISON CONTROL CENTER EN- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Chocola Gordon Larsen (WA) HANCEMENT AND AWARENESS There is authorized to be appropriated to Clay Goss Larson (CT) carry out this section $2,000,000 for each of Clyburn Granger Latham ACT AMENDMENTS OF 2003 the fiscal years 2000 through 2009. Funds ap- Coble Graves LaTourette Mr. BILIRAKIS. Mr. Speaker, I move Cole Green (TX) Leach propriated under this subsection shall not be Conyers Green (WI) Lee to suspend the rules and pass the Sen- used to fund any toll-free phone number de- Cooper Greenwood Levin ate bill (S. 686) to provide assistance scribed in subsection (b).

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.120 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11575 ‘‘SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO center that applies for a grant under this and also add to that list the gentleman PROMOTE POISON CONTROL CEN- section if such center can reasonably dem- from New York (Mr. TOWNS), who has TER UTILIZATION. onstrate that the center will obtain such a ‘‘(a) IN GENERAL.—The Secretary shall es- been very interested in this subject for certification within a reasonable period of a long time, the gentleman from Texas tablish a national media campaign to edu- time as determined appropriate by the Sec- cate the public and health care providers retary. (Mr. BARTON), Senator DEWINE, and, of about poison prevention and the availability ‘‘(2) RENEWAL.—The Secretary may renew course, the gentleman from Ohio (Mr. of poison control resources in local commu- a waiver under paragraph (1). BROWN) and the others who have been nities and to conduct advertising campaigns ‘‘(3) LIMITATION.—In no instance may the so very cooperative. concerning the nationwide toll-free number sum of the number of years for a waiver Poisoning is the third most common established under section 1271. under paragraph (1) and a renewal under form of unintentional death in the ‘‘(b) CONTRACT WITH ENTITY.—The Sec- paragraph (2) exceed 5 years. The preceding retary may carry out subsection (a) by en- United States. Many of these exposures sentence shall take effect as if enacted on involve children. Poison control cen- tering into contracts with 1 or more nation- February 25, 2000. ally recognized media firms for the develop- ‘‘(e) SUPPLEMENT NOT SUPPLANT.— ters are a primary defense against in- ment and distribution of monthly television, Amounts made available to a poison control jury and death from poisoning. radio, and newspaper public service an- center under this section shall be used to In the events since September 11, poi- nouncements. supplement and not supplant other Federal, son centers have taken on the addi- ‘‘(c) EVALUATION.—The Secretary shall— State, or local funds provided for such cen- tional role, Mr. Speaker, of providing ‘‘(1) establish baseline measures and bench- ter. marks to quantitatively evaluate the impact medical information about biological, ‘‘(f) MAINTENANCE OF EFFORT.—A poison chemical, and nuclear domestic ter- of the nationwide media campaign estab- control center, in utilizing the proceeds of a lished under this section; and grant under this section, shall maintain the rorism. S. 686 would authorize funds to ‘‘(2) prepare and submit to the appropriate expenditures of the center for activities of maintain national toll-free poison con- congressional committees an evaluation of the center at a level that is not less than the trol hotlines and the Poison Control the nationwide media campaign on an an- level of such expenditures maintained by the Center Grant Program. Additionally, nual basis. center for the fiscal year preceding the fiscal the legislation would create a nation- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— year for which the grant is received. wide media campaign to promote poi- There are authorized to be appropriated to ‘‘(g) MATCHING REQUIREMENT.—The Sec- carry out this section $600,000 for each of fis- son control center utilization and to retary may impose a matching requirement allow the Secretary to assist in the im- cal years 2000 through 2005 and such sums as with respect to amounts provided under a may be necessary for each of fiscal years 2006 grant under this section if the Secretary de- plementation and maintenance of con- through 2009. termines appropriate. tinuous national surveillance of poison ‘‘SEC. 1273. MAINTENANCE OF THE POISON CON- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— control center data to detect new haz- TROL CENTER GRANT PROGRAM. There are authorized to be appropriated to ards from toxic substances, household ‘‘(a) REGIONAL POISON CONTROL CENTERS.— carry out this section $25,000,000 for each of products and pharmaceuticals. The Secretary shall award grants to certified the fiscal years 2000 through 2004 and regional poison control centers for the pur- $27,500,000 for each of fiscal years 2005 b 1645 poses of achieving the financial stability of through 2009. I urge my colleagues, Mr. Speaker, to such centers, and for preventing and pro- ‘‘SEC. 1274. RULE OF CONSTRUCTION. viding treatment recommendations for support this important legislation that ‘‘Nothing in this part may be construed to the Senate has passed. poisonings. ease any restriction in Federal law applica- ‘‘(b) OTHER IMPROVEMENTS.—The Secretary Mr. Speaker, I reserve the balance of ble to the amount or percentage of funds ap- shall also use amounts received under this propriated to carry out this part that may be my time. section to— used to prepare or submit a report.’’. Mr. BROWN of Ohio. Mr. Speaker, I ‘‘(1) develop standardized poison preven- yield myself such time as I may con- tion and poison control promotion programs; SEC. 4. CONFORMING AMENDMENT. The Poison Control Center Enhancement sume. ‘‘(2) develop standard patient management I want to thank my colleagues, the guidelines for commonly encountered toxic and Awareness Act (42 U.S.C. 14801 et seq.) is exposures; hereby repealed. gentleman from New York (Mr. ‘‘(3) improve and expand the poison control The SPEAKER pro tempore. Pursu- TOWNS), my friend, and the gentleman data collection systems, including, at the ant to the rule, the gentleman from from Michigan (Mr. UPTON), for their Secretary’s discretion, by assisting the poi- Florida (Mr. BILIRAKIS) and the gen- hard work on this bill, as well as my son control centers to improve data collec- tleman from Ohio (Mr. BROWN) each friend and colleague, the gentleman tion activities; will control 20 minutes. from Florida (Mr. BILIRAKIS), with ‘‘(4) improve national toxic exposure sur- The Chair recognizes the gentleman whom we have worked so well. veillance by enhancing activities at the Cen- Every day these specially trained ters for Disease Control and Prevention and from Florida (Mr. BILIRAKIS). the Agency for Toxic Substances and Disease GENERAL LEAVE staff of pharmacists and nurses at poi- Registry; Mr. BILIRAKIS. Mr. Speaker, I ask son control centers across the country ‘‘(5) expand the toxicologic expertise with- unanimous consent that all Members field calls from frantic parents con- in poison control centers; and may have 5 legislative days within cerned that their child ingested a poi- ‘‘(6) improve the capacity of poison control which to revise and extend their re- sonous substance. They field calls from centers to answer high volumes of calls dur- marks and include extraneous material an elderly couple with questions about ing times of national crisis. whether one medication might cause ‘‘(c) CERTIFICATION.—Except as provided in on S. 686. subsection (d), the Secretary may make a The SPEAKER pro tempore. Is there an adverse reaction if taken with an- grant to a center under subsection (a) only objection to the request of the gen- other; and as the events of September if— tleman from Florida? 11 and the cases of anthrax have shown ‘‘(1) the center has been certified by a pro- There was no objection. us, poison control centers field calls fessional organization in the field of poison Mr. BILIRAKIS. Mr. Speaker, I yield from concerned residents uncertain control, and the Secretary has approved the myself such time as I may consume. about the danger they have been ex- organization as having in effect standards Mr. Speaker, I rise today in support posed to. for certification that reasonably provide for of S. 686, the Poison Control Center En- Handling an average of one poison ex- the protection of the public health with respect to poisoning; or hancement and Awareness Act amend- posure call every 15 seconds across the ‘‘(2) the center has been certified by a ments. country, these men and women answer State government, and the Secretary has ap- This bill, Mr. Speaker, amends the questions about poisonings, about drug proved the State government as having in ef- Poison Control Enhancement and abuse, about product contents, about fect standards for certification that reason- Awareness Act to provide additional adverse reactions. ably provide for the protection of the public assistance for poison prevention and to Legislation we are considering today health with respect to poisoning. stabilize the funding of regional poison will enhance the work of poison control ‘‘(d) WAIVER OF CERTIFICATION REQUIRE- control centers. centers through improved maintenance MENTS.— ‘‘(1) IN GENERAL.—The Secretary may grant I would like to extend my thanks of a national toll-free number that is a waiver of the certification requirement of first to my colleague, the gentleman linked to regional poison control cen- subsection (c) with respect to a noncertified from Michigan (Mr. UPTON), for all of ters. This bill will help promote the na- poison control center or a newly established his work on this important legislation tionwide media campaign to promote

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.089 H19PT1 H11576 CONGRESSIONAL RECORD — HOUSE November 19, 2003 poison control center utilization. If a Jaeger and John Ford, and for the as- than using the time-honored method of person has a problem, they need to sistance that we have received from inducing vomiting in children where know whom to call and they need to the American Association of Poison poisoning is suspected. Our action know the number, and they need to Control Centers and Jane Williams on today will ensure that poison control know that they are reliable. Every par- my staff who helped shepherd this centers will be there to answer the call ent, every baby-sitter, every coworker, through so many juggernauts; and if we for those frightened parents. every household, and every office had a parking place for the staff mem- Continued strong Federal funding should know how to contact the poison ber of the month in front of the Cap- will help to establish new centers as control center closest to them. itol, her name would be the first in- well. This effort is particularly critical This bill from the gentleman from scribed on that plate. at a time when we are increasingly New York (Mr. TOWNS) and the gen- Mr. Speaker, poison control centers concerned about poison being used as tleman from Michigan (Mr. UPTON) will provide vital, very cost-effective serv- an element of bioterrorism. That is help develop standardized prevention ices to the American public. Each year, why, Mr. Speaker, I am pleased that and poison control centers and will im- more than 2 million poisonings are re- language was included to ensure that prove national surveillance of toxic ex- ported to poison control centers funds under this bill would go directly posures. It will improve the collection throughout this country. More than 90 to the centers for their work and not of data to help detect new hazards, in- percent of these poisonings occur in diverted to costly and unnecessary cluding those found in our homes. the home, and 50 percent of poisoning studies. Mr. Speaker, every year roughly 120 victims are children under the age of 6. I would like to thank the committee children under 14 needlessly die from For every dollar spent on poison con- leadership and committee staff on both unintentional poisoning, 120 children trol services, we save $7 in medical sides of the aisle for moving this legis- under the age of 14. The bill we are con- costs. We prevent a nightmare from lation expeditiously, and I would urge sidering today can save the lives of happening in virtually any house that our Senate colleagues to ensure that many of them. It is an important step uses the phone number and uses these the bill is passed with the House modi- towards reversing that trend and sav- particular facilities. fications prior to our adjournment. ing more children from poison expo- The horrific events of 9/11 and the an- As a result of what we are doing here sure. thrax cases the next month brought today, the lives of people will be saved. I urge my colleagues to support S. home the vital role that our Nation’s Not only that, we will save a lot of 686. poison control centers must be pre- money because it is cost-productive. Many times we have youngsters in Mr. Speaker, I reserve the balance of pared to play in the event of further particular who end up in the emer- my time. terrorist attacks. The 2001 Presidential gency room, and it costs a whole lot Mr. BILIRAKIS. Mr. Speaker, I yield Task Force on Citizen Preparedness in more to treat a person in the emer- such time as he might require to the the War on Terrorism recommended gency room than to pick up the phone gentleman from Michigan (Mr. UPTON), that poison control centers be used as and call the poison control center and the father of this act. a source of public information and pub- Mr. UPTON. Mr. Speaker, I thank my for them to tell that mother who has lic education regarding potential bio- already panicked that all they have to good chairman who has been instru- logical, chemical, and nuclear domestic mental in getting this important piece do is take this and let their son or terrorism. daughter go to sleep. Therefore, I am of legislation to the floor. Again, he Mr. Speaker, the passage and enact- excited about this because it is cost- has done yeoman’s work with so many ment of this bill will ensure that our others here in this body. saving, and that is something that we Nation’s poison control centers have should not forget. Anywhere, anytime Mr. Speaker, as the lead sponsor of the resources that they need to fulfill the bipartisan House version of the we can cut corners and save lives at their vital mission as the first line of the same time, then I think we should Poison Control Center Enhancement defense against accidental poisonings and Awareness Act Amendments of not hesitate to do it. and the response to biological, chem- Mr. BILIRAKIS. Mr. Speaker, I yield 2003, it is my pleasure to help manage ical, and nuclear terrorism. I ask that such time as he might consume to the this bill, S. 686, the Senate version of all of the Members join us in voting for gentleman from Texas (Mr. BARTON). the legislation on the floor today. this legislation. It will indeed save Mr. BARTON of Texas. Mr. Speaker, What we are doing today is taking up lives for many Americans. I want to start off by commending my the Senate-passed bill and inserting up- Mr. BROWN of Ohio. Mr. Speaker, I good friend from Florida (Mr. BILI- dated language from our bill. We are yield 4 minutes to the gentleman from RAKIS) for his excellent leadership on doing so because we determined that it New York (Mr. TOWNS), who has this and my friends on the Democratic was the best way to expedite the final worked so hard on this bill. side, the gentleman from Ohio (Mr. passage of this much-needed legislation Mr. TOWNS. Mr. Speaker, I would BROWN) and the gentleman from New reauthorizing and strengthening our like to begin by thanking the gen- York (Mr. TOWNS) and the gentleman Federal commitment to ensuring that tleman from Louisiana (Mr. TAUZIN), from Michigan (Mr. DINGELL). our Nation’s poison control centers can the chairman of the committee; the The very fact that we have this Poi- continue to provide life-saving services gentleman from Michigan (Mr. DIN- son Control Center Enhancement and to all of our constituents, particularly GELL), the ranking member; of course, Awareness Act Amendments on the in these last throes of this session of the gentleman from Florida (Mr. BILI- floor is helping to depoison the atmos- the Congress. RAKIS), the Subcommittee on Health phere of this House. It is good to be on I want to take this opportunity to chair; and of course, the gentleman the floor this afternoon working with particularly acknowledge Senator from Ohio (Mr. BROWN), the ranking our friends on the other side of the DEWINE’s tremendous leadership on member; and the gentleman from aisle instead of throwing bricks back this legislation in the other body and Michigan (Mr. UPTON), who worked and forth. So the very fact that we are to thank our original cosponsor and very closely with me and also the gen- bringing this piece of legislation to the colleague, the gentleman from New tleman from California (Mr. WAXMAN). floor is helping depoison the atmos- York (Mr. TOWNS), who is on the floor; Poison control centers have always phere in the House. the gentleman from Louisiana (Mr. had broad bipartisan support, and I was This is a piece of legislation that TAUZIN), committee chairman; and the delighted once again to join my good builds on what was done back in 1999 gentleman from Michigan (Mr. DIN- friend, the gentleman from Michigan when we authorized these poison con- GELL), the ranking member; the gen- (Mr. UPTON), in sponsoring the House trol centers. Former Senator Dave tleman from Florida (Mr. BILIRAKIS), version of the reauthorization. Karnes, a former White House Fellow the House subcommittee chairman; the The role of these centers in basic friend of mine from Nebraska, called gentleman from Ohio (Mr. BROWN), the public health care continues to grow. me on this piece of legislation several ranking member; and also for the many For example, the Academy of Pediat- weeks ago, asked if I would touch base staff who have helped. I am grateful for rics recently urged parents to contact with the House leadership and encour- their hard work, particularly Cheryl the local poison control centers rather age them to move it, as it had already

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.124 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11577 passed the Senate and was awaiting ize a grant program to keep our poison those present have voted in the affirm- floor time. control centers running and prepared ative. I went to the gentleman from Lou- for everyday emergencies. Mr. BILIRAKIS. Mr. Speaker, on isiana (Mr. TAUZIN) and the gentleman This grant program is vital for the that I demand the yeas and nays. from Florida (Mr. BILIRAKIS), and they Carolinas Poison Center, which serves The yeas and nays were ordered. were very willing to put this on a fast all of North Carolina. Carolinas Poison The SPEAKER pro tempore. Pursu- track; and, again, I want to thank the Center provides life-saving help to par- ant to clause 8 of rule XX and the gentleman from Florida (Mr. BILI- ents whose children have swallowed Chair’s prior announcement, further RAKIS) for making this part of the something dangerous, physicians who proceedings on this motion will be package of the bill that is on the floor have unexplained illnesses, hospital postponed. emergency rooms which know what the this afternoon. f There are somewhere between 2 mil- toxic exposure was to a patient but lion and 4 million poison exposures need instructions on how to treat it, BIRTH DEFECTS AND DEVELOP- each year to our Nation’s children. and many others in need of critical in- MENTAL DISABILITIES PREVEN- Thankfully, in many cases of those formation about toxic exposure. Caro- TION ACT OF 2003 cases, it does not end up in a cata- linas Poison Center’s ability to con- Mr. BILIRAKIS. Mr. Speaker, I move strophic situation; but unfortunately, tinue these essential services depends to suspend the rules and pass the Sen- on occasion, it does. on the continuation of the essential ate bill (S. 286) to revise and extend the The bill before us today, when the grant program as provided in Senate Birth Defects Prevention Act of 1998. President signs it, is going to minimize 686, which funds approximately one- The Clerk read as follows: fourth of its budget. the possibility or the probability that S. 286 The tragic events of September 11 those exposures will result in a cata- Be it enacted by the Senate and House of Rep- strophic situation. As a father of three and the anthrax cases of October 2001 have dramatically changed our Nation. resentatives of the United States of America in children, when they were at home, we Congress assembled, During this time, the Carolinas Poison took advantage of many of the pro- SECTION 1. SHORT TITLE. Center, as well as poison centers grams that are in this act in terms of This Act may be cited as the ‘‘Birth De- labeling our household goods and throughout the country, answered fects and Developmental Disabilities Preven- chemicals and medicines so that our thousands of additional calls from con- tion Act of 2003’’. younger children saw the little smiley cerned residents. The Carolinas Poison SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS face turned upside down, the little Center was utilized by many citizens as AND DEVELOPMENTAL DISABIL- green poison control, and of course, it the primary source for accurate med- ITIES. Section 317C of the Public Health Service had the message on it and the phone ical information about anthrax and other potential bioterrorism diseases Act (42 U.S.C. 247b–4) is amended— number to call locally or regionally if (1) in subsection (a)(2)— one had a problem. but also for the complications resulting from prophylactic antibiotic ther- (A) in subparagraph (A)— So I rise in strong support of this. I (i) by striking ‘‘and developmental disabil- am assured that we are going to have apy. ities’’ and inserting ‘‘, developmental dis- bipartisan endorsement; and, again, I b 1700 abilities, and disabilities and health’’; and (ii) by striking ‘‘subsection (d)(2)’’ and in- want to thank the leadership for their Poison control centers throughout strong work, and on our side the gen- serting ‘‘subsection (c)(2)’’; the country have become critical (B) in subparagraph (B), by striking ‘‘and’’ tleman from Florida (Mr. BILIRAKIS) sources of local, State and regional at the end; and on the Democrat side, the gen- bioterrorism response and information (C) in subparagraph (C), by striking the pe- tleman from New York (Mr. TOWNS) in cooperation with the Centers for riod and inserting a semicolon; and and the gentleman from Ohio (Mr. Disease Control. The Carolinas Poison (D) by adding at the end the following: BROWN) for their excellent work. Center recently completed an analysis ‘‘(D) to conduct research on and to pro- Mr. BROWN of Ohio. Mr. Speaker, I of the 2000–2002 human exposure and in- mote the prevention of such defects and disabilities, and secondary health conditions have no other speakers. I think the formation call volume, as well as re- gentleman from Florida (Mr. BILI- among individuals with disabilities; and ported human exposure clinical effects ‘‘(E) to support a National Spina Bifida RAKIS) has one. Mr. Speaker, I reserve in order to determine daily volume and Program to prevent and reduce suffering the balance of my time. effects baselines, and threshold limits from the Nation’s most common perma- Mr. BILIRAKIS. Mr. Speaker, I for detection of possible biochemical nently disabling birth defect.’’; would say that the gentleman from and disease outbreaks. These results (2) by striking subsection (b); Texas (Mr. BARTON) was here earlier, were reported to State public health of- (3) in subsection (d)— before even the votes. He wanted to ficials, and software capabilities that (A) by striking paragraph (1) and inserting the following: really speak on this subject because he enabled Carolinas Poison Control Cen- has a great interest in it, and I appre- ‘‘(1) contains information regarding the inter were funded, in part, by Federal cidence and prevalence of birth defects, de- ciate that interest. Prison Control Center grant funds. Mr. Speaker, I yield such time as he velopmental disabilities, and the health sta- Mr. Speaker, I commend my col- tus of individuals with disabilities and the might consume to the gentleman from leagues on the Committee on Energy extent to which these conditions have con- North Carolina (Mr. HAYES). and Commerce for their work on this tributed to the incidence and prevalence of Mr. HAYES. Mr. Speaker, I want to critical legislation, and our leadership infant mortality and affected quality of give my thanks to the gentleman from for helping to move it forward today. I life;’’; Florida (Mr. BILIRAKIS), the sub- urge my colleagues to join me in secur- (B) in paragraph (3), by inserting ‘‘, devel- committee chairman, and the gen- opmental disabilities, and secondary health ing passage for this essential legisla- conditions among individuals with disabil- tleman from New York (Mr. TOWNS) for tion. their help and leadership on this vital ities’’ after ‘‘defects’’; Mr. BROWN of Ohio. Mr. Speaker, I (C) in paragraph (4), by striking ‘‘and’’ at legislation; and I rise in strong support yield back the balance of my time. the end; of S. 686, the Poison Control Enhance- Mr. BILIRAKIS. Mr. Speaker, I have (D) by redesignating paragraph (5) as para- ment and Awareness Act, and urge my no further requests for time, and I graph (7); and colleagues to enthusiastically support yield back the balance of my time. (E) by inserting after paragraph (4) the fol- final passage. As a cosponsor of the The SPEAKER pro tempore (Mr. lowing: House version of H.R. 1819, I am pleased SWEENEY). The question is on the mo- ‘‘(5) contains information on the incidence we are considering this critical legislation offered by the gentleman from and prevalence of individuals living with birth defects and disabilities or develop- tion for approval today. Florida (Mr. BILIRAKIS) that the House Mr. Speaker, the Poison Control En- mental disabilities, information on the suspend the rules and pass the Senate health status of individuals with disabilities, hancement and Awareness Act provides bill, S. 686, as amended. information on any health disparities experi- essential support to our Nation’s poi- The question was taken. enced by such individuals, and recommenda- son control centers. A critical compo- The SPEAKER pro tempore. In the tions for improving the health and wellness nent of the legislation would reauthor- opinion of the Chair, two-thirds of and quality of life of such individuals;

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.125 H19PT1 H11578 CONGRESSIONAL RECORD — HOUSE November 19, 2003 ‘‘(6) contains a summary of recommenda- other developmental disabilities, including My hope, Mr. Speaker, is that this in- tions from all birth defects research con- the methodological and medical necessity formation will ultimately help us iden- ferences sponsored by the Centers for Disease for such records and the rights of parents tify causes and possible cures for these Control and Prevention, including con- and patients in the use of education records disabling, very disabling conditions. I ferences related to spina bifida; and’’; (in accordance with the Family Educational (4) by redesignating subsections (c), (d), Rights and Privacy Act of 1974); might add these diseases are not only and (e) as subsections (b), (c), and (d), respec- (5) a description of the efforts taken by the disabling insofar as the child is con- tively; Centers for Disease Control and Prevention cerned, but what it does to the parents (5) by inserting after subsection (d) (as so to utilize education records in conducting is just unbelievable. I know we have all redesignated), the following: the surveillance program while obtaining pa- seen that, and, hopefully, we can find ‘‘(e) ADVISORY COMMITTEE.—Notwith- rental or patient consent for such education some way to find at least the causes. standing any other provision of law, the records, including the outcomes of such ef- In any case, Mr. Speaker, I urge all of members of the advisory committee ap- forts; my colleagues to support this legisla- pointed by the Director of the National Cen- (6) a description of the challenges provided ter for Environmental Health that have ex- to obtaining education records (in the ab- tion that the Senate has already pertise in birth defects, developmental dis- sence of parental or patient consent) for the passed. abilities, and disabilities and health shall be purpose of obtaining additional surveillance Mr. Speaker, I reserve the balance of transferred to and shall advise the National data for autism and other developmental dis- my time. Center on Birth Defects and Developmental abilities; and Mr. BROWN of Ohio. Mr. Speaker, I Disabilities effective on the date of enact- (7) a description of the manner in which yield myself such time as I may con- ment of the Birth Defects and Develop- such challenges can be overcome, including sume. mental Disabilities Prevention Act of 2003.’’; efforts to educate parents, increase con- I want to thank my colleague, the and fidence in the privacy of the surveillance (6) in subsection (f), by striking gentleman from Maryland (Mr. HOYER), program, and increase the rate of parental or for his tireless work on the issue of de- ‘‘$30,000,000’’ and all that follows and insert- patient consent, and including specific quan- ing ‘‘such sums as may be necessary for each titative and qualitative justifications for velopmental disabilities, as well as the of fiscal years 2003 through 2007.’’. any recommendations for changes to exist- ranking member of the committee, the SEC. 3. TECHNICAL CORRECTIONS FOR STATE ing statutory authority, including the Fam- gentleman from Michigan (Mr. DIN- COUNCILS ON DEVELOPMENTAL ily Educational Rights and Privacy Act of GELL), and the chairman of the com- DISABILITIES. 1974. (a) IN GENERAL.—Section 122(a) of the De- mittee, the gentleman from Louisiana velopmental Disabilities Assistance and Bill The SPEAKER pro tempore. Pursu- (Mr. TAUZIN), and their staff, who de- of Rights Act of 2000 (42 U.S.C. 15022(a)) is ant to the rule, the gentleman from serve plaudits for their work in bring- amended— Florida (Mr. BILIRAKIS) and the gen- ing this to the floor. (1) in paragraph (3)(A)(ii), by inserting be- tleman from Ohio (Mr. BROWN) reach Mr. Speaker, 150,000 children are born fore the period the following: ‘‘, the amount will control 20 minutes. each year with a birth defect. That is received by the State for the previous year, The Chair recognizes the gentleman 150,000 families too many who receive or the amount of Federal appropriations re- from Florida (Mr. BILIRAKIS). the news no new parent should ever ceived in fiscal year 2000, 2001, or 2002, which- GENERAL LEAVE ever is greater’’; and have to hear. Both genetic and environ- (2) in paragraph (4)(A)(ii), by inserting be- Mr. BILIRAKIS. Mr. Speaker, I ask mental factors can cause birth defects, fore the period the following: ‘‘, the amount unanimous consent that all Members but for over 60 percent of them, the received by the State for the previous year, may have 5 legislative days within causes still remain unknown. or the amount of Federal appropriations re- which to revise and extend their re- In 1998, Congress passed the Birth De- ceived in fiscal year 2000, 2001, or 2002, which- marks and include extraneous material fects Prevention Act, which created a ever is greater’’. on S. 286, the bill now under consider- Federal birth defects prevention and (b) EFFECTIVE DATE.—The amendments ation. surveillance strategy. A couple of years made by subsection (a) shall take effect on The SPEAKER pro tempore. Is there later, the gentleman from Florida (Mr. October 1, 2003 and apply to allotments be- objection to the request of the gen- ginning in fiscal year 2004. BILIRAKIS) and I introduced and worked tleman from Florida? SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES. together to pass the Children’s Health Not later than 18 months after the date of There was no objection. Bill Act of 2000, which established the Mr. BILIRAKIS. Mr. Speaker, I yield enactment of this Act, the Secretary of National Center on Birth Defects and Health and Human Services jointly with the myself such time as I may consume. I rise today in support of S. 286, Developmental Disabilities at the Cen- Secretary of Education shall submit to the ters for Disease Control and Prevention Committee on Health, Education, Labor, and which is the Birth Defects and Develop- Pensions of the Senate and the Committee mental Disabilities Prevention Act. in Atlanta. on Energy and Commerce and Committee on This legislation will allow public Passage of these two bills dem- Education and the Workforce of the House of health surveillance for developmental onstrated a congressional commitment Representatives a report concerning surveil- disabilities using records maintained to address two significant threats to lance activities under section 102 of the Chil- by local educational institutions. children’s health, birth defects and de- dren’s Health Act of 2000 (Public Law 106- A baby born in America today has a velopmental disabilities. The bill we 310), specifically including— life expectancy 30 years longer than a are considering today, the Birth De- (1) a description of the current grantees fects and Developmental Disabilities under the National Autism and Pervasive child born at the turn of the century. Developmental Disabilities Surveillance Pro- Public health initiatives are largely re- Prevention Act, will strengthen that gram and the Centers of Excellence in Au- sponsible for this vast improvement, commitment towards children and has tism and Pervasive Developmental Disabil- but we cannot rest on our laurels, Mr. the overwhelming support of the chil- ities the data collected, analyzed, and re- Speaker, because much more remains dren’s advocacy community. ported under such grants, the sources of such to be done. The National Center on Birth Defects data, and whether such data was obtained Many of us have worked diligently to and Developmental Disabilities at CDC with parental consent as required under the examine many of the difficult barriers does extensive research and provides Family Educational Rights and Privacy Act we face in working to improve chil- indispensable resources on birth de- of 1974 (20 U.S.C. 1232g); (2) a description of current sources of data dren’s health and well-being, and this fects, such as autism, spina bifida, and for the surveillance of autism and develop- legislation, initiated by our colleague, fetal alcohol syndrome, as well as re- mental disabilities and the methods for ob- the gentleman from New Jersey, (Mr. search and support focusing on child- taining such data, including whether such FERGUSON), and helped to a large de- hood and adult disabilities. Passage of data was obtained with parental or patient gree by another colleague from New this bill will go a long way towards consent for disclosure; Jersey (Mr. SMITH) and so many others, continuing these critical efforts. (3) an analysis of research on autism and the gentleman from Ohio (Mr. BROWN) The bill also continues the important developmental disabilities with respect to and so many others, will assist the work States have done expanding com- the methods of collection and reporting, in- munity-based birth defects tracking cluding whether such research was obtained Centers for Disease Control and Pre- with parental or patient consent for disclo- vention in accurately determining the systems, programs to prevent birth de- sure; size and scope of many developmental fects and activities to improve access (4) an analysis of the need to add education disabilities, including autism, mental to health services for children with records in the surveillance of autism and retardation, and cerebral palsy. birth defects.

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.090 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11579 History has shown when we choose to and I want to thank the gentleman for and developmental disabilities in chil- confront a public health problem that all those comments. He puts it so very dren, we can promote child develop- threatens the health and lives of chil- well. ment, and we can ensure the health dren, we can indeed and often have My oldest son, Emmanuel, is a physi- and wellness among children and stopped it in its tracks. Before the de- cian, an internist. He works awfully adults who are living with disabilities. velopment of the polio vaccine in the hard, puts in a lot of hours and does I want to express my appreciation, 1950s, an estimated 50,000 people in the not make much money. Sort of like the once again, for the chairman’s leader- U.S. were affected by polio each year. late father of the gentleman from Ohio ship on this issue. (Mr. BROWN). But when he was going With the widespread vaccination of Mr. DINGELL. Mr. Speaker, I strongly sup- children beginning in the 1950s, polio through his rotation, he told me the toughest one was the one dealing with port S. 286, the ‘‘Birth Defects and Develop- has been virtually eliminated in the mental Disabilities Prevention Act of 2003.’’ I United States, and there have been no pediatrics, with children, and to see some of these parents, particularly would like to commend my colleagues, par- new cases since 1991. ticularly Representatives BROWN and STUPAK Mr. Speaker, I wear on my lapel a with the autistic children. for working so diligently on this legislation. pin, which is a canary in a bird cage. I would say that the children’s health The mineworkers took a canary down bill that the gentleman from Ohio (Mr. Birth defects are the leading cause of infant in the mines 100 years ago, and if the BROWN) referred to, a great impetus on mortality in the United States, accounting for canary died, the mineworker knew he that, to a large degree, was due to the more than 20 percent of all infant deaths. had to get out of the mines. In those actress Rene Russo. She really pushed About 150,000 babies are born each year with days, 100 years ago, the workers had no us on that. She came here and testi- birth defects; this means frightening news for real protection in the mines from gov- fied, and I am just glad we were able to the parents of one out of every 28 babies. ernment or from labor unions. In those do it. But at the same time, we see all Both genetic and environmental factors can days, a child born in the United States these terrible things happening. cause birth defects; however, the causes of 60 100 years ago had a life expectancy of Mr. Speaker, I yield such time as he to 70 percent of all birth defects are unknown. 46, 47, 48 years old. One hundred years may consume to the gentleman from These shocking numbers compel us to take later, because of our public health in- New Jersey (Mr. FERGUSON), the father steps to learn more about their causes, to of this bill, this very needed bill, this frastructure, because of legislation like identify factors that may cause or increase the very great bill. the one that the gentleman from Flor- risk of a baby having a birth defect, to educate Mr. FERGUSON. Mr. Speaker, I want the public about these potential risks, and to ida (Mr. BILIRAKIS) worked on, because to thank the chairman for the great of Medicare and Social Security and inform women about how to protect them- work he has done in helping to shep- selves and their babies. the safe drinking water and clean air herd this bill, and also to thank the laws and seat belt laws and prohibi- gentleman from Ohio (Mr. BROWN) and S. 286 reauthorizes the programs of the Na- tions on child labor and civil rights our friends on the other side of the tional Center on Birth Defects and Develop- laws and laws protecting the women aisle who have worked with us in great mental Disabilities at the Centers for Disease and the disabled, we have come so far cooperation. Control and Prevention (CDC) and requires so that our life expectancy is literally Mr. Speaker, many people are not the Secretary of Health and Human Services three decades longer. aware that birth defects affect over 3 to conduct research on and promote the pre- That is not because of transplants or percent of all births in America, and vention of birth defects and developmental dis- because of chemotherapy, it is mostly that they are also the leading cause of abilities. This legislation also supports a Na- because of public health initiatives infant death. Among the babies who tional spina bifida program to prevent and re- like we are addressing today. The only survive, their birth defects often result duce suffering from the Nation’s most common threat to that, Mr. Speaker, is that in lifelong disabilities. Now, thank- permanently disabling birth defect. All of these some people, sometimes in this body, fully, families who are blessed with a measures will enable the CDC to both expand have fallen short on providing for that special needs child find their hearts and continue its work in promoting the health public health infrastructure. We have and minds grow immeasurably as they of babies, children, and adults by working to too often, in efforts to privatize Medi- care for and work to meet the needs of identify the causes of birth defects and devel- care or Social Security or to weaken their precious new addition. These fam- opmental disabilities. environmental laws and worker-safety ilies also face many challenges, how- The Birth Defects and Developmental Dis- laws, we have sometimes backslid on ever, and we have a responsibility to abilities Prevention Act of 2003 is supported some of these advancements we have address those disabilities which are, in by many organizations, including the March of made in the last hundred years. fact, preventable. Dimes and it deserves our support as well. Unfortunately, this week is an exam- In 1998, we passed the Birth Defects ple, with the bill to privatize Medicare, Prevention Act, which created a Fed- Mr. SMITH of New Jersey. Mr. Speaker, I of sliding back. It will do nothing to eral birth defects prevention and sur- rise today to support this important bill, the lengthen people’s lives. In fact, it will veillance strategy. This bill passed the Birth Defects and Developmental Disabilities do the opposite. However, today, Mr. Senate by a voice vote and the House Prevention Act, which will bolster our Federal Speaker, this legislation brought to 405–2. That was followed by the Chil- Government’s efforts to prevent unborn babies the floor by the gentleman from Flor- dren’s Health Act of 2000, which estab- from developing birth defects and help these ida (Mr. BILIRAKIS), the gentleman lished the National Center on Birth De- special children after birth. from Maryland (Mr. HOYER), and I, the fects and Developmental Disabilities at Specifically, this piece of legislation contains gentleman from Michigan (Mr. DIN- the Center for Disease Control. With two provisions that are especially important to GELL), the gentleman from Louisiana these two important pieces of legisla- our work helping those who suffer from autism (Mr. TAUZIN), and others will, in fact, tion, Congress recognized that birth de- and spina bifida, which combined affect more strengthen that public health system, fects and developmental disabilities than 1.5 million Americans and their families. will, in fact, strengthen the Centers for are major threats to children’s health. This bill will codify our Government’s sup- Disease Control to help us and them The Birth Defects and Developmental port for a National Spina Bifida Program at the tackle other children’s health problems Disabilities Prevention Act of 2003 re- Centers for Disease Control and Prevention with the same resolve that we tackled vises and extends the Birth Defects (CDC). Last year, thanks to widespread sup- polio. Prevention Act of 1998. This bill is Passage of the Birth Defects and De- straightforward, and it has the support port of many in this Chamber, we were able velopmental Disabilities Prevention of the March of Dimes, the Spina Bifida to secure initial funding to establish this pro- Act is an important step towards that Association of America, the Autism gram. And this year, members of the Congres- goal, and I urge my colleagues to sup- Society of America, among others. sional Spina Bifida Caucus—which I cochair port it. This legislation renews a Federal com- along with my friend Congressman STUPAK— Mr. Speaker, I reserve the balance of mitment to protecting children’s are working hard to continue to grow and de- my time. health. velop the program. Mr. BILIRAKIS. Mr. Speaker, I yield With the commitment of this Con- The National Program is working to prevent myself such time as I may consume, gress, we can help prevent birth defects cases of spina bifida by spreading the word to

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\K19NO7.130 H19PT1 H11580 CONGRESSIONAL RECORD — HOUSE November 19, 2003 all women of child-bearing age that daily con- SUPPORTING GOALS AND IDEALS may have 5 legislative days within sumption of .4 milligrams of folic acid supple- OF NATIONAL EPILEPSY AWARE- which to revise and extend their re- ments can reduce their baby’s chance of de- NESS MONTH marks and to include extraneous mate- veloping spina bifida by 75 percent. The pro- Mr. BILIRAKIS. Mr. Speaker, I move rial on H. Con. Res.48, the concurrent gram is working with the National Institutes of to suspend the rules and concur in the resolution now under consideration. Health and other agencies to develop new Senate concurrent resolution (S. Con. The SPEAKER pro tempore. Is there therapies for people born with spina bifida. Ad- Res. 48) supporting the goals and ideals objection to the request of the gen- ditionally, it is helping better educate doctors of ‘‘National Epilepsy Awareness tleman from Florida? and nurses on how they should best care of There was no objection. Month’’ and urging support for epilepsy Mr. BILIRAKIS. Mr. Speaker, I yield these patients, and working to reach patients research and service programs. and clinicians what they must do to prevent myself such time as I may consume. The Clerk read as follows: Mr. Speaker, I rise today in support and treat various secondary health problems S. CON. RES. 98 of Senate Concurrent Resolution 48, a to which people with spina bifida are particu- Whereas epilepsy is a neurological condi- concurrent resolution supporting the larly susceptible. tion that causes seizures and affects 2,300,000 goals and ideals of National Epilepsy people in the United States; I look forward to continuing to work with my Awareness Month. This resolution colleagues in Congress, officials at the CDC, Whereas a seizure is a disturbance in the electrical activity of the brain, and 1 in urges funding for epilepsy research and and the hardworking advocates with the Na- service programs. tional Spina Bifida Program to help all those every 12 Americans will suffer at least 1 seizure; More than 2 million people in the living with spina bifida. Whereas 180,000 new cases of seizures and United States have epilepsy. Approxi- Secondly, S. 286 contains a very important epilepsy are diagnosed each year, and 3 per- mately 300,000 of those 2 million are provision addressing an ongoing autism sur- cent of Americans will develop epilepsy by children or adolescents. November has veillance project I authored several years ago the time they are 75; been designated as National Epilepsy and which was incorporated as title I of the Whereas 41 percent of people who currently Awareness Month to increase public have epilepsy experience persistent seizures Children’s Health Act. Right now, the CDC, in awareness of this very debilitating dis- conjunction with state health departments and despite the treatment they are receiving; Whereas a survey conducted by the Centers ease. other research entities, is conducting autism for Disease Control and Prevention dem- Epilepsy is a chronic condition that surveillance in more than 15 States, including onstrated that the hardships imposed by epi- produces random, temporary changes New Jersey. The rate of diagnosis of new au- lepsy are comparable to those imposed by in the brain’s electrical activities. tism patients is at least 1 in every 250 people, cancer, diabetes, and arthritis; These changes cause seizures that af- and may be even higher in some regions. Whereas epilepsy in older children and fect awareness, movement, or sensa- In order for us to obtain an accurate picture adults remains a formidable barrier to lead- tion. Although there is currently no of the Nation’s autism epidemic, it is abso- ing a normal life by affecting education, em- cure, there is medication available ployment, marriage, childbearing, and per- lutely imperative that health officials have the sonal fulfillment; that can help to control seizures and to ability to gather the data they need. The provi- Whereas uncontrollable seizures in a child enable people with epilepsy to lead nor- sion in S. 286 will help ensure that the Depart- can create multiple problems affecting the mal lives. ments of Health and Human Services and child’s development, education, socializa- I would like to acknowledge, I guess Education will work together to gather this tion, and daily life activities; I will call them the mothers of this leg- much-needed data from education records, Whereas the social stigma surrounding epi- islation, Senator LINCOLN from the which are estimated to be the source of more lepsy continues to fuel discrimination, and other body, and the gentlewoman from than 40 percent of the data in need. isolates people who suffer from seizure dis- Florida (Ms. BROWN), my colleague orders from mainstream life; from my home State, for their making Without this coordination by health and edu- Whereas a significant number of people cation officials, we will never obtain an accu- with epilepsy may lack access to medical us aware of this. rate picture of the autism epidemic because in care for the treatment of the disease; As chairman of the Subcommittee on order to achieve optimum results, we need to Whereas in spite of these formidable obsta- Health of the Committee on Energy know more about this disorder, what causes it, cles, people with epilepsy can live healthy and Commerce, Mr. Speaker, I believe and what we can do to prevent it. This data and productive lives and make significant it is important that Congress work to being collected is indispensable and will help contributions to society; increase public awareness of epilepsy Whereas November is an appropriate us improve life for all with autism. and to dispel any myths and stigma, month to designate as ‘‘National Epilepsy and, gosh knows, even today, there is I would like to thank all of my colleagues Awareness Month’’; and still some stigma associated with this who helped bring this bill to the floor today, Whereas the designation of a ‘‘National disease, and to promote research into and I look forward to continuing to work to- Epilepsy Awareness Month’’ would help to the causes, treatment, and possible gether so we can have healthier, happier ba- focus attention on, and increase under- cures. bies and families. standing of, epilepsy and those people who suffer from it: Now, therefore, be it Mr. BROWN of Ohio. Mr. Speaker, I Resolved by the Senate (the House of Rep- b 1715 have no further requests for time, and resentatives concurring), That Congress— Mr. Speaker, I urge my colleagues to I yield back the balance of my time. (1) supports the goals and ideals of a ‘‘Na- support the resolution. Mr. BILIRAKIS. Mr. Speaker, I yield tional Epilepsy Awareness Month’’; Mr. Speaker, I reserve the balance of back the balance of my time. (2) requests the President to issue a procla- my time. mation declaring a ‘‘National Epilepsy The SPEAKER pro tempore. The Mr. BROWN of Ohio. Mr. Speaker, I Awareness Month’’; yield myself such time as I may con- question is on the motion offered by (3) calls upon the American people to ob- the gentleman from Florida (Mr. BILI- sume. serve ‘‘National Epilepsy Awareness Month’’ Mr. Speaker, I thank the gentleman RAKIS) that the House suspend the rules with appropriate programs and activities; and pass the Senate bill, S. 286. and from Florida (Mr. BILIRAKIS) again, and especially the gentlewoman from Flor- The question was taken. (4) urges support for epilepsy research programs at the National Institutes of Health ida (Ms. CORRINE BROWN) for her work The SPEAKER pro tempore. In the and at the Centers for Disease Control and raising awareness about epilepsy. I opinion of the Chair, two-thirds of Prevention. would add that the gentlewoman from those present have voted in the affirm- The SPEAKER pro tempore. Pursu- Florida (Ms. CORRINE BROWN) is inter- ative. ant to the rule, the gentleman from ested in this legislation in response to Mr. BILIRAKIS. Mr. Speaker, on Florida (Mr. BILIRAKIS) and the gen- what constituents have told her, that that I demand the yeas and nays. tleman from Ohio (Mr. BROWN) each when people come forward and express The yeas and nays were ordered. will control 20 minutes. what is important to them, often a The SPEAKER pro tempore. Pursu- The Chair recognizes the gentleman Member of Congress responds to their ant to clause 8 of rule XX and the from Florida (Mr. BILIRAKIS). constituents and really goes to bat for Chair’s prior announcement, further GENERAL LEAVE them, and the gentlewoman from Flor- proceedings on this motion will be Mr. BILIRAKIS. Mr. Speaker, I ask ida (Ms. CORRINE BROWN) did that with postponed. unanimous consent that all Members this legislation.

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.092 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11581 Epilepsy is a devastating and preva- as lost earning power, social isolation, Mr. Speaker, I yield 2 minutes to the lent illness in our country. Ineffective and widespread unemployment. The gentleman from Illinois (Mr. EMAN- treatment, delayed or lack of access to study also found marked divisions in UEL). high-quality specialized care and the costs among people with epilepsy Mr. EMANUEL. Mr. Speaker, I rise severity of the underlying neurological whose seizures are well controlled and today in strong support of S. Con. Res. disorder are all possible contributors to those who continue to experience sei- 48, recognizing the goals of National the development of hard-to-control seizures despite treatment. Epilepsy Awareness Month. zures. Another disturbing fact about this Passing this resolution sends a Education and public awareness ini- issue, African Americans and minority strong signal of support to the 2.3 mil- tiatives encouraging timely diagnosis populations are suffering dispropor- lion Americans who suffer from this and appropriate treatment can reduce tionately. Once again, when this coun- heart-breaking condition and life- the risk of severe brain damage. These try gets a cold, the African American threatening condition, and most impor- strategies also can address damaging community gets pneumonia. The Epi- tantly to their families. misconceptions which so many of us lepsy Foundation recently launched a Current treatments help for some, have about this disease. The resolution diversity initiative with the goal of en- but not all. Twenty-five percent of all we are considering today recognizes suring that all people with epilepsy patients experience seizures which can- the importance of our continuing fight have access to valuable services and in- not be controlled, placing them in dan- against epilepsy,and the significant formation that help them manage their ger of irreversible damage. I applaud role the National Epilepsy Awareness condition, monitor their health, and the continuing efforts of the research- Month plays in this effort. I hope my pursue the highest quality health care. ers and medical professionals who im- colleagues will join me in honoring the The initiative was launched in response prove the lives of those afflicted by epi- nearly 2.5 million Americans with epi- to disparities identified in health care lepsy and who work towards its even- lepsy, will pass this resolution, and en- access and quality of life with epilepsy tual cure. They deserve our unwavering courage all of us to take extra steps to who are members of minority commu- support. combat this awful disease. nities. I want to also recognize one Chicago- Mr. Speaker, I reserve the balance of As our population continues to grow based organization, which I am inti- my time. more diverse, these findings provide a mately and personally involved with. Mr. BILIRAKIS. Mr. Speaker, I re- wake-up call to the health care com- Through nationwide grass roots efforts, serve the balance of my time. munity that the health care quality di- Citizens United for Research in Epi- Mr. BROWN of Ohio. Mr. Speaker, I vide is in danger of turning into a gulf. lepsy, or CURE, seeks to find a cure for yield such time as she may consume to The Institute of Medicine reports that pediatric epilepsy and to raise public the gentlewoman from Florida (Ms. African Americans, Hispanics, and awareness of the disease, and they de- CORRINE BROWN). other minorities receive lower-quality serve our thanks. Ms. CORRINE BROWN of Florida. health care than whites, even when in- Epilepsy is a cross-cultural condition Mr. Speaker, I thank the gentleman come, age, and insurance status were that strikes people of all ages and in- from Florida (Mr. BILIRAKIS) and the considered. come levels. In fact, 3 percent of all gentleman from Ohio (Mr. BROWN) for Americans will develop epilepsy by the The disparities in health care deliv- their leadership on this matter. time they reach age 75. Millions of peo- ery to minorities are real. The real Mr. Speaker, 25 million Americans, ple confront this tremendously chal- challenge is to take the reality and de- or one in every 10, will experience at lenging physical barrier to completing velop solutions. Awareness is the first least one seizure in their lifetime. At their education, working in the work- step. It is for this compelling reason least 2.3 million Americans currently place, and supporting a family. Some that I ask you to join me in desig- have epilepsy, but the effects of this must face this challenge without ac- nating November 2003 as National Epi- disease extend to family members, cess to proper treatment. lepsy Awareness Month. This resolu- caregivers, and employers. We must support the effort of the Na- tion passed the Senate earlier this Epilepsy is a neurological condition tional Institutes of Health and the Cen- year, and it is now up to the House to characterized by recurrent, unprovoked ters for Disease Control in their con- ensure that this measure is recognized. seizures. Seizure disorders can develop tinued pursuit to improve these treat- Together we can make a difference in and strike at any time in life. Approxi- ments. We must expand access to these the lives of people struggling with the mately one-third of the 181,000 new treatments to all afflicted Americans medical and social impact of this seri- cases of epilepsy and seizures that de- regardless of income. And we must in- ous health condition. I ask Members to velop each year begin in childhood, and crease awareness among the American please join me in supporting S. Con. as many as 44 percent of the people people of the severity and prevalence of Res. 48. with epilepsy continue to have seizures this health crisis. despite treatment. While the disorder Mr. BILIRAKIS. Mr. Speaker, I yield Mr. Speaker, I thank our colleagues does not discriminate, the state of myself such time as I may consume. in the Senate for passing this impor- health care in this country is such that Mr. Speaker, in closing, I would like tant resolution, as well as the gen- the impact is most heavily felt in mi- to say how pleased I am to have tleman from Ohio (Mr. BROWN) and the nority communities. Currently, there worked with the gentleman from Ohio gentlewoman from Florida (Ms. is no cure. (Mr. BROWN) on these suspensions here CORRINE BROWN), and I strongly en- Epilepsy can be a formidable barrier today. We have had a number of them. courage my colleagues to support S. to normal life, affecting educational We have been here quite awhile, about Con. Res. 48. attainment, employment, and personal 4 hours; and it is an illustration of Mr. EMANUEL. Mr. Speaker, I rise today in fulfillment. The stigma associated with what we can do if we work together. I strong support of S. Con. Res. 48, recognizing seizures and societal misconceptions would also like to express my apprecia- the goals of National Epilepsy Awareness about them remain as facts of life for tion to the staff on both sides of the Month. Passing this resolution sends a strong many individuals with epilepsy and aisle. signal of support to the 2.3 million Americans magnify the social effects of this condi- Mr. Speaker, I yield back the balance who suffer from this debilitating condition and tion. Increased health care costs result of my time. to their families. It signals our commitment to in an economic burden on individuals, Mr. BROWN of Ohio. Mr. Speaker, I raising awareness of epilepsy and to providing families, communities, and society as a yield myself such time as I may con- the research funding needed to eradicate this whole. A 3-year study, sponsored by the sume. heartbreaking and life-threatening condition. Epilepsy Foundation, to determine the Mr. Speaker, I would like to echo the Earlier this year, I circulated to my col- financial cost to individuals and the words of the gentleman from Florida leagues an article from the February 18th edi- Nation found that the annual economic (Chairman BILIRAKIS) and the cooperation of the New York Times. It described cost is approximately $12.5 billion. Of tion that he always shows in putting mounting new evidence about seizures, its this, $1.7 billion is direct medical costs together good legislation out of the causes and effects, and the need for increas- while $10.8 billion is indirect costs such Subcommittee on Health. ing research. There is growing awareness

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\CR\FM\K19NO7.134 H19PT1 H11582 CONGRESSIONAL RECORD — HOUSE November 19, 2003 among physicians and researchers that sei- lepsy research at the National Institutes of BASIC PILOT PROGRAM EXTEN- zures can lead to brain damage, increased Health to study causes and cures of this neu- SION AND EXPANSION ACT OF susceptibility to more frequent seizures, and rological condition. I was honored to be a part 2003 even sudden death. of establishing the first epilepsy-specific pro- Mr. SENSENBRENNER. Mr. Speak- There has been a dramatic increase in epi- gram at the Centers for Disease Control and er, I move to suspend the rules and lepsy research over the last decade, but there Prevention. And I am pleased that this year pass the Senate bill (S. 1685) to extend is still much work to be done. Twenty-five per- the House has provided $3 million for the and expand the basic pilot program for cent of epileptic patients have uncontrollable Health Resources and Services Administration employment eligibility verification, seizures. Current treatment does not prevent to implement a demonstration public health and other purposes. some patients from suffering seizures and irre- program to serve people with epilepsy who The Clerk read as follows: versible damage. That is why we have a re- lack access to adequate medical care. I hope S. 1685 sponsibility to expand research to improve that funding will be included in the final omni- Be it enacted by the Senate and House of Rep- these treatments. bus appropriations bill for this purpose. resentatives of the United States of America in In my hometown of Chicago, one organiza- While the progress we have made so far in Congress assembled, tion that is working to improve treatments for increasing research and improving public SECTION 1. SHORT TITLE. epilepsy is Citizens United for Research in health strategies for epilepsy is important, we This Act may be cited as the ‘‘Basic Pilot Epilepsy, or CURE. CURE is a national orga- must also continue to increase awareness and Program Extension and Expansion Act of nization founded by parents of children with 2003’’. education. By increasing awareness we can epilepsy, which, through grassroots efforts, SEC. 2. EXTENSION OF PROGRAMS. affect social attitudes, government programs, seeks to find a cure for pediatric epilepsy and Section 401(b) of the Illegal Immigration and the delivery of health care services for to raise public awareness of the disease and Reform and Immigrant Responsibility Act of persons currently without treatment. We can its devastation. 1996 (8 U.S.C. 1324a note) is amended by improve efforts for prevention and treatment. Epilepsy is a cross cultural condition that striking ‘‘6-year period’’ and inserting ‘‘11- And perhaps one day soon we can find a year period’’. strikes people of all ages and income levels. cure. SEC. 3. EXPANSION OF THE BASIC PILOT PRO- In fact, 3 percent of all Americans will develop GRAM. epilepsy by the time they reach age 75. That’s In about 70 percent of epilepsy cases there (a) IN GENERAL.—Section 401(c)(1) of the Il- 3 percent who must confront a tremendously is no known cause. Of the remaining 30 per- legal Immigration Reform and Immigrant challenging physical barrier to completing their cent, the most frequent causes are head trau- Responsibility Act of 1996 (8 U.S.C. 1324a education, contributing in the workplace, and ma (such as from a car accident, sports acci- note) is amended by inserting after ‘‘United supporting a family life. While it is a formidable dent, or a fall), brain tumor, stroke, poisoning States’’ the following: ‘‘, and the Secretary and daunting challenge, there is good news. (including lead poisoning and alcoholism), in- of Homeland Security shall expand the oper- fection, or maternal injury. ation of the program to all 50 States not Although existing treatments may not cure epi- later than December 1, 2004’’. lepsy, they can certainly help patients confront But with treatment, people can achieve full (b) REPORT.—Section 405 of the Illegal Im- the challenge and lead normal, productive and or partial control of seizures in about 85 per- migration Reform and Immigrant Responsi- happy lives. The bad news is that not all cent of cases. Drug therapy is often required bility Act of 1996 (8 U.S.C. 1324a note) is Americans have access to these services. Be- treatment, and less often, surgery. Dietary amended— cause they lack the resources for comprehen- changes can also sometimes control seizures. (1) by striking ‘‘The’’ and inserting: sive treatment, they, their families, and their ‘‘(a) IN GENERAL.—The’’, and Improved prevention and treatment is de- (2) by adding at the end the following new communities suffer needlessly. subsection: We must support the efforts of the National pendent on improved awareness and education. ‘‘(b) REPORT ON EXPANSION.—Not later than Institutes of Health and the Centers for Dis- June 1, 2004, the Secretary of Homeland Se- ease Control in their continued efforts to im- This week many of us in Congress are dis- curity shall submit to the Committees on prove these treatments. We must expand ac- cussing the need to provide seniors greater the Judiciary of the House of Representa- cess to these treatments to all afflicted Ameri- and improved access to prescription drugs. tives and the Senate a report— cans regardless of income. And we must in- Seniors with epilepsy are no different. They ‘‘(1) evaluating whether the problems iden- crease awareness among the American peo- need unimpeded access to, and coverage for, tified by the report submitted under sub- ple of the severity and prevalence of this the critical anti-epileptic drugs that treat their section (a) have been substantially resolved; and health crisis. condition. Many people with epilepsy are con- ‘‘(2) describing what actions the Secretary Mr. Speaker, I thank our colleagues in the cerned about the availability of all anti-epileptic of Homeland Security shall take before un- Senate for passing this important resolution, drug options when enrolling in managed care dertaking the expansion of the basic pilot as well as the gentlelady from Florida, Ms. plans. A Medicare bill that pushes seniors into program to all 50 States in accordance with BROWN, for introducing a companion resolution managed care may not meet the needs of this section 401(c)(1), in order to resolve any out- in the House. I also applaud the continuing ef- population. When we consider the Medicare standing problems raised in the report filed forts of the researchers and medical profes- legislation before us, we must ensure that under subsection (a).’’ sionals who improve the lives of those afflicted (c) CONFORMING AMENDMENTS.—Section seniors, including seniors with epilepsy, should 402(c) of the Illegal Immigration Reform and by epilepsy, and who work towards its even- not be forced to worry about their drug cov- Immigrant Responsibility Act of 1996 (8 tual cure. They deserve our unwavering sup- erage. U.S.C. 1324a note) is amended— port. I strongly encourage my colleagues to I applaud this resolution and support the es- (1) in paragraph (2)(B), by striking ‘‘or en- vote for S. Con. Res. 48. tablishment of an annual Epilepsy Awareness tity electing—’’ and all that follows through Mr. HOYER. Mr. Speaker, I am pleased to ‘‘(ii) the citizen attestation pilot program’’ Month. support this resolution, S. Con. Res. 48, sup- and inserting ‘‘or entity electing the citizen porting the goals and ideals of National Epi- Mr. BROWN of Ohio. Mr. Speaker, I attestation pilot program’’; lepsy Awareness Month. yield back the balance of my time. (2) by striking paragraph (3); and More than 2.3 million people in the United (3) by redesignating paragraph (4) as para- The SPEAKER pro tempore (Mr. graph (3). States have some form of epilepsy. Thirty per- SWEENEY). The question is on the mo- (d) ADDITIONAL TECHNICAL AND CONFORMING cent of them are children under the age of 18. tion offered by the gentleman from AMENDMENTS.—Title IV of the Illegal Immi- About 180,000 new cases of seizures and epi- Florida (Mr. BILIRAKIS) that the House gration Reform and Immigrant Responsi- lepsy are diagnosed each year. A large num- suspend the rules and concur in the bility Act of 1996 (8 U.S.C. 1324a note) is ber of children and adults have undetected or Senate concurrent resolution, S. Con. amended by striking ‘‘Attorney General’’ untreated epilepsy. Yet so many people know Res. 48. each place that term appears and inserting very little about the condition, including how to ‘‘Secretary of Homeland Security’’. The question was taken; and (two- detect it, and how to treat it. SEC. 4. PILOT IMMIGRATION PROGRAM. I serve on the Labor, Health and Human thirds having voted in favor thereof) (a) PROCESSING PRIORITY UNDER PILOT IM- MIGRATION PROGRAM FOR REGIONAL CENTERS Services, and Education Appropriations Sub- the rules were suspended and the Sen- TO PROMOTE ECONOMIC GROWTH.—Section 610 committee and have long advocated an in- ate concurrent resolution was con- curred in. of the Departments of Commerce, Justice, creased federal commitment for both the re- and State, the Judiciary, and Related Agen- search and treatment for adults and children A motion to reconsider was laid on cies Appropriations Act, 1993 (8 U.S.C. 1153 with epilepsy. I have supported greater epi- the table. note) is amended—

VerDate jul 14 2003 04:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.095 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11583 (1) by striking ‘‘Attorney General’’ each The Immigration Reform and Control through the program, Congress created place such term appears and inserting ‘‘Sec- Act of 1986 made it unlawful for em- a 5-year temporary pilot program in retary of Homeland Security’’; and ployers to knowingly hire or employ il- 1993 that set aside 3,000 immigrant (2) by adding at the end the following: legal aliens and required employers to visas each year for aliens who invested ‘‘(d) In processing petitions under section 204(a)(1)(H) of the Immigration and Nation- check the identity and work eligibility at least $500,000 in designated regional ality Act (8 U.S.C. 1154(a)(1)(H)) for classi- documents of all new employees. Un- centers. A regional center is any eco- fication under section 203(b)(5) of such Act (8 fortunately, illegal aliens have used nomic unit, public or private, which is U.S.C. 1153(b)(5)), the Secretary of Homeland the easy and cheap availability of involved with the promotion of eco- Security may give priority to petitions filed counterfeit documents to make a nomic growth, including increased ex- by aliens seeking admission under the pilot mockery of this law. Today’s docu- port sales, improved regional produc- program described in this section. Notwith- ment-based verification system just tivity, job creation, or increased do- standing section 203(e) of such Act (8 U.S.C. does not work. It frustrates employers mestic capital investment. A center 1153(e)), immigrant visas made available seeking approval must submit a pro- under such section 203(b)(5) may be issued to who do not want to hire illegal aliens such aliens in an order that takes into ac- but have no other choice than to ac- posal showing how it plans to focus on count any priority accorded under the precept documents that have a high likeli- a geographical region within the ceding sentence.’’. hood of being counterfeit. United States to achieve the required (b) EXTENSION.—Section 610(b) of the De- In 1996, Congress responded to this growth. Once a center has been ap- partments of Commerce, Justice, and State, state of affairs by creating a pilot pro- proved, an alien applicant can receive the Judiciary, and Related Agencies Appro- gram under which employers who elect an investor visa by showing that he priations Act, 1993 (8 U.S.C. 1153 note) is to participate may submit the Social will make the qualifying investment amended by striking ‘‘10 years’’ and insert- Security and alien identification num- within the approved regional center. In ing ‘‘15 years’’. 2000, Congress extended this program SEC. 5. GAO STUDY. bers of newly hired employees to be checked against Social Security Ad- until September 2003. (a) IN GENERAL.—Not later than 1 year Senate 1685 extends this pilot pro- after the date of enactment of this Act, the ministration and INS records. gram for an additional 5 years and also General Accounting Office shall report to b 1730 Congress on the immigrant investor program allows the Department of Homeland created under section 203(b)(5) of the Immi- This weeds out bogus numbers pro- Security to process investor visa peti- gration and Nationality Act (8 U.S.C. vided by illegal aliens and thus ensures tions involving regional centers expedi- 1153(b)(5)). that new hires are genuinely eligible to tiously, as compared to nonpilot pro- (b) CONTENTS.—The report described in sub- work. gram investor visa petitions. section (a) shall include information regard- The pilot program has been a great I urge my colleagues to support this ing— success over its 6 years of operation. A bill. The legislation will provide will- (1) the number of immigrant investors that recent study found that 96 percent of ing employers throughout the Nation have received visas under the immigrant in- the tools they need to hire a legal vestor program in each year since the incep- participating employers believed the tion of the program; pilot to be an effective and reliable workforce. (2) the country of origin of the immigrant tool for employment verification, 94 Mr. Speaker, I reserve the balance of investors; percent believed it to be more reliable my time. (3) the localities where the immigrant in- than the IRCA-required document Ms. JACKSON-LEE of Texas. Mr. vestors are settling and whether those inves- check, and 83 percent believed that par- Speaker, I yield myself such time as I tors generally remain in the localities where ticipating in the pilot reduced uncer- may consume. they initially settle; The consideration of S. 1685 is a posi- tainty regarding work authorization. (4) the number of immigrant investors that tive step toward resolving a concern The study recommended the continu- have sought to become citizens of the United that many Americans have as relates ation of the pilot. States; to ensuring the complete and accurate Last month, this body considered (5) the types of commercial enterprises employment of those who are able and that the immigrant investors have estab- H.R. 2359, introduced by the gentleman should be employed in a legal manner. lished; and from California (Mr. CALVERT), that The basic pilot is a temporary, vol- (6) the types and number of jobs created by would have extended the pilot program the immigrant investors. untary program for electronically for an additional 5 years. It would have verifying the employment authoriza- The SPEAKER pro tempore. Pursu- allowed employers throughout the Na- ant to the rule, the gentleman from tion of newly-hired employees. The tion to voluntarily participate. Cur- bill, S. 1685, would extend the program Wisconsin (Mr. SENSENBRENNER) and rently, the Department of Homeland the gentlewoman from Texas (Ms. for another 5 years. Security is required to operate the The objective of employment JACKSON-LEE) each will control 20 min- pilot in at least five of the seven States verification is to ensure that American utes. with the highest estimated number of employers hire workers who are au- The Chair recognizes the gentleman illegal aliens. thorized to work in the United States. from Wisconsin (Mr. SENSENBRENNER). Senate 1685 also extends the pilot for Under the basic pilot, the employer ex- GENERAL LEAVE an additional 5 years. It also takes two amines the documents of a newly-hired Mr. SENSENBRENNER. Mr. Speak- steps to address the concerns of some employee and then transmits the perti- er, I ask unanimous consent that all of our colleagues that aspects of the nent information electronically to an Members may have 5 legislative days pilot program can be improved. First, office of the Social Security Adminis- within which to revise and extend their the bill delays nationwide expansion tration. The SSA office compares the remarks and include extraneous mate- for a year. It provides that employers information with its records. In the rial on S. 1685, the bill currently under in all States shall be able to partici- case of a foreign worker, the SSA office consideration. pate in the basic pilot program no later will pass the information on to the Bu- The SPEAKER pro tempore. Is there than December 1, 2004. In addition, not reau of Citizenship and Immigration objection to the request of the gen- later than June 1, 2004, the Secretary of Services. tleman from Wisconsin? Homeland Security shall complete a The BCIS compares the alien’s em- There was no objection. report evaluating whether any prob- ployment data with immigration Mr. SENSENBRENNER. Mr. Speak- lems identified in the 2001 report on the records to determine whether he or she er, I yield myself such time as I may basic pilot program have been substan- is authorized to work in the United consume. tially resolved and describing what ac- States. If BCIS confirms that the alien Mr. Speaker, today we are consid- tions the Secretary shall take to re- employee is authorized to work in the ering Senate 1685, a bill authored by solve any outstanding problems before United States, it issues a confirmation Senator GRASSLEY that represents a undertaking the expansion of the pro- number. If BCIS determines instead fair and reasonable compromise regard- gram. that the new employee is not authoring the reauthorization of the employ- Senate 1685 also addresses the immi- ized for employment in the United ment eligibility verification pilot grant investor visa program. To en- States, it issues a tentative noncon- project. courage economic development firmation number. Procedures are

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.094 H19PT1 H11584 CONGRESSIONAL RECORD — HOUSE November 19, 2003 available to permit either the em- basic EB–5 program. The pilot program lems. It concluded, among other things, that ployer or the employee to contest a investor may satisfy the eligibility re- the Basic Pilot was a good program but that tentative nonconfirmation before it be- quirements with an investment of as it was not ready yet for larger scale implemen- comes final, at least allowing proce- little as $500,000 in a specified type of tation. Consequently, I have concerns about a dures of due process so that those who commercial enterprise that would be to provision in S. 1685 which would expand the would insist that they are allowed to promote economic growth, improve re- pilot program from its present size of being work here would have the opportunity gional productivity, create new jobs or available in only 6 States to being available in to protest any denial and to be able to save existing ones, and increase domes- all 50 States. provide information to prove that they tic capital investment in certain de- S. 1685 has a provision, however, which ad- can work here in the United States. finitively needy areas that would ben- dresses the problems that the institute identi- The basic pilot is an effective em- efit from this investment. I would en- fied. This provision would require the Sec- ployee verification program that courage the utilization of these visas retary of Homeland Security, prior to expand- makes it easier and safer for employers as much as possible. ing the program to submit a report to the to hire foreign workers which makes it I am pleased that foreign investors House and Senate Judiciary Committees stat- easier for lawful foreign workers to are being encouraged to invest in re- ing first, the extent to which these problems find employment. gions of our country that need the have been resolved; and second, describing Section 405 of the Illegal Immigra- stimulation of such enterprises. I think what additional actions will be taken before tion Reform and Immigrant Responsi- this is a worthwhile program that expanding the program. bility Act of 1996 required the Attorney should be extended. I urge my col- S. 1685 would extend the duration of an im- General to submit a report on the basic leagues to vote for this bill. migrant investor pilot program for 5 additional pilot to the House and Senate Judici- Might I also acknowledge the work of years. This pilot program arose out of the ary Committees. The report was done the Committee on the Judiciary, the basic immigrant investor EB–5 program. Ten by the Institute for Survey Research at House Committee on the Judiciary, the thousand EB–5 visas are available each year, Temple University. The Institute iden- gentleman from Wisconsin (Mr. SEN- 5,000 of which are reserved for people who tified a substantial number of imple- SENBRENNER) and the gentleman from participate in the pilot program. mentation problems. It concluded, Michigan (Mr. CONYERS) who worked The requirements for participating in the among other things, that the basic on this legislation and my chairman on pilot program are essentially the same as the pilot was a good program, but that it the Subcommittee on Immigration, requirements for participating in the EB–5 in- was not ready yet for larger-scale im- Border Security, and Claims, the gen- vestor program, with some exceptions. An in- plementation. Consequently, I have tleman from Indiana (Mr. vestor under the pilot program can qualify with concerns about a provision in S. 1685 HOSTETTLER), that efforts were waged an investment of less than $1 million, which is which would expand the pilot program to compromise on this legislation. I do the requirement for the basic EB–5 program. from its present size of being available still have concerns, but I believe that The pilot program investor may satisfy the eli- in only six States to being available in we have worked through a bill that is gibility requirements with an investment of as all 50 States. suited for the support of my colleagues. little as $500,000 in a specified type of com- S. 1685 has a provision, however, Mr. Speaker, the Basic Pilot is a temporary, mercial enterprise. The enterprise must pro- which I believe addresses the problems voluntary program for electronically verifying mote economic growth, improve regional pro- that the Institute identified. This pro- the employment authorization of newly hired ductivity, create new jobs or save existing vision would require the Secretary of employees. The bill, S. 1685, would extend ones, and increase domestic capital invest- Homeland Security, prior to expanding the program for another 5 years. ment. the program, to submit a report to the The objective of employment verification is I am pleased that foreign investors are House and Senate Judiciary Commit- to ensure that American employers hire work- being encouraged to invest in regions of our tees stating, one, the extent to which ers who are authorized to work in the United country that need the stimulation of such en- these problems have been resolved; States. Under the Basic Pilot, the employer terprises. I think this is a worthwhile program and, two, describing what additional examines the documents of a newly hired em- that should be extended. actions will be taken before expanding ployee and then transmits the pertinent infor- I urge you therefore to vote for this bill. the program. This is a helpful addition, mation electronically to an office at the Social Mr. Speaker, I reserve the balance of if you will, that counters the over- Security Administration (SSA). The SSA office my time. expansion to 50 States, which I believe compares the information with its records. In Mr. SENSENBRENNER. Mr. Speak- we are not yet prepared for in terms of the case of a foreign worker, the SSA office er, I yield 5 minutes to the gentleman manpower hours at Homeland Security will pass the information on to the Bureau of from Indiana (Mr. HOSTETTLER), chair- and, as well, technology to be able to Citizenship and Immigration Services (BCIS). man of the Subcommittee on Immigra- address the overload that will occur. The BCIS compares the alien’s employment tion, Border Security, and Claims. But it is an important issue to ensure data with immigration records to determine (Mr. HOSTETTLER asked and was that employers are, in fact, complying whether he or she is authorized to work in the given permission to revise and extend with the law and hiring those appro- United States. If BCIS confirms that the alien his remarks.) priately able to work in the United employee is authorized to work in the United Mr. HOSTETTLER. I thank the States. States, it issues a confirmation number. If chairman for yielding me this time, S. 1685 also would extend the dura- BCIS determines instead that the new em- and I think the ranking member of the tion of an immigrant investor pilot ployee is not authorized for employment in the subcommittee, the gentlewoman from program for 5 additional years. It is a United States, it issues a tentative noncon- Texas (Ms. JACKSON-LEE), for her work little-used program, and I think we firmation number. Procedures are available to on this legislation as well. should do a lot to expand and promote permit either the employer or the employee to Mr. Speaker, I want to emphasize this program because it is an invest- contest a tentative nonconfirmation before it two points. First, employers partici- ment program. This pilot program becomes final. pating in the pilot program find it of arose out of the basic immigrant inves- The Basic Pilot is an effective employee immense help in the day-to-day oper- tor EB–5 program. Ten thousand EB–5 verification program that makes it easier and ations of their businesses. And, second, visas are available each year, 5,000 of safer for employers to hire foreign workers, the pilot is working extraordinarily which are reserved for people who par- which makes it easier for lawful foreign work- well and will only get better in the fu- ticipate in the pilot program. ers to find employment. ture. The requirements for participating in Section 405 of the Illegal Immigration Re- The report commissioned by the Im- the pilot program are essentially the form and Immigrant Responsibility Act of 1996 migration and Naturalization Service, same as the requirements for partici- (IIRIRA) required the Attorney General to sub- or INS, to evaluate the program found pating in the EB–5 investor program, mit a report on the Basic Pilot to the House that ‘‘an overwhelming majority of em- with some exceptions. An investor and Senate Judiciary Committees. The report ployers participating found the basic under the pilot program can qualify was done by the Institute for Survey Research pilot program to be an effective and re- with an investment of less than $1 mil- at Temple University. The institute identified a liable tool for employment lion, which is the requirement for the substantial number of implementation prob- verification.’’ Participating employers

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.139 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11585 appreciate the pilot because it reduces Ms. JACKSON-LEE of Texas. Mr. place. Additionally, S. 1685 allows em- uncertainty. The pilot ensures that Speaker, I yield myself such time as I ployers from any State to voluntarily their operations will not be disrupted may consume. use this program. Many of my col- by the mass dismissal of employees Mr. Speaker, let me also note, I leagues have expressed concerns that after the Department of Homeland Se- think, an important aspect of this bill, this will expand the program too far curity or the Social Security Adminis- and, that is, a concern about the dis- too fast. The reality is that current tration question the status of their em- semination of information and viola- pilot States are home to over 80 per- ployees. The pilot ensures that they tion of privacy that the initial bill ex- cent of all illegal immigrants, which will not be put in the position of hiring hibited. I am pleased to note that the means the impact on the program will illegal aliens, investing hundreds of Senate removed a provision that would be negligible. The bill also requires the thousands of hours in training them give State and local governments ac- Department of Homeland Security to and then losing the benefit of this in- cess to the information collected with complete a report identifying and re- vestment years down the road when this program. That would have been solving any problems with the program they are forced to dismiss these illegal the first step toward the dissemination and the expansion. employees. or the idea, which I think is still high- After 7 successful years, it is time to As Paul Weyrich has said in his sup- ly debatable, of a national identity give all employers the option of port of this bill, ‘‘If we are really seri- card. So, in fact, we have provided safe- verifying their workforce and avoiding ous about enforcing the immigration guard provisions to make this legisla- entanglements with the Immigration laws we have on the books, then we tion work, to provide the information and Customs Enforcement. must provide the means for employers that is necessary to ensure the protec- I would like to thank Senator GRASS- to quickly determine the validity of tion of the workplace, and also to pro- LEY for sponsoring S. 1685, the Senate the documents with which they are vide due process rights for all who are counterpart to my bill, and encourage presented. The way the pilot program involved. my colleagues to vote for a bill that works is simple and reflects plain com- Mr. Speaker, I reserve the balance of promotes compliance with Federal law. mon sense.’’ Ms. JACKSON-LEE of Texas. Mr. my time. The report indicated that the pilot Speaker, I yield 2 minutes to the dis- Mr. SENSENBRENNER. Mr. Speak- program could be improved in a few tinguished gentleman from California er, I yield 3 minutes to the gentleman areas. Some employers had taken ad- (Mr. BERMAN), member of the Sub- from California (Mr. CALVERT), the au- verse actions against new employees committee on Immigration, Border Se- thor of the House version of the bill. tentatively found ineligible to work. curity, and Claims, who has worked Mr. CALVERT. Mr. Speaker, I rise in And INS databases had to be improved, long years in bringing us a consistent support of S. 1685, the Basic Pilot Pro- especially in the context of adding data and effective immigration policy for gram Extension and Expansion Act of for persons recently issued a work au- this country. thorization document and for new im- 2003. The basic pilot employment Mr. BERMAN. Mr. Speaker, I thank migrants and refugees. However, re- verification system is the only auto- the gentlewoman for her kind com- member that the report evaluated op- mated system offered to employers to ments. erations of the pilot in the 1990s. Since verify employment eligibility of new I rise in support of the proposal. I op- that time, INS and now the Depart- employees. posed the House bill that went through ment of Homeland Security, or DHS, In 1994 I spoke with a Border Patrol in part because I had concerns about have been actively making any needed agent who identified a key need in the what was in section 3 of the bill allow- improvements. DHS believes that there enforcement of immigration laws. Em- ing data to be shared with State and has been ‘‘an overwhelming improve- ployers need a simple way, a reliable local governments. That is no longer in ment in the timeliness of data entry, tool to verify the worker status of new the bill that has come over from the particularly in response to the events employees. In response, I introduced a Senate. The expansion of the program of September 11.’’ In fact, DHS now re- bill to create the basic pilot program is conditioned on some additional stud- quires that all new data regarding im- to do just that. Operating in six of the ies to make sure it is working right, migrants be entered into the system most problematic States on a vol- and the fundamental principle is a le- within 3 days and all new information untary basis, the basic pilot has proven gitimate principle. Employers who regarding temporary visitors be en- to be an overwhelming success. The want to do the right thing should be tered within 14 days. basic pilot program is the best tool able to access accurate information As to employer responsibilities, DHS available for employers to comply with about status given the state of the Fed- said that ‘‘greater emphasis on pilot immigration laws which prohibit hir- eral law at this time on who they procedures has been added to training ing undocumented immigrants. should and should not hire. materials, and safeguards have been Recently, a contract cleaning service So I always supported the principle added to pilot software to increase for Wal-Mart was raided by the Bureau of the pilot program. We just want to compliance with required procedures. of Immigration and Customs Enforce- make sure it provides accurate infor- For instance, employers will be re- ment and over 250 employees were ar- mation about the employee so that quired to certify that they have talked rested. If Wal-Mart’s cleaning service people who are eligible to work are not with their employees and advised them had used the basic pilot program and denied employment as a result of uti- of their rights if they cannot imme- verified the I–9 documents provided by lizing that system, and I congratulate diately be confirmed.’’ Finally, DHS their workers, this situation could the majority and the minority for reports that the soon-to-be-imple- have been avoided. We must provide pushing what I think is a more reason- mented Internet-based version of the companies the option of using this em- able approach through. pilot will greatly reduce or eliminate ployment verification program and as- Mr. SENSENBRENNER. Mr. Speak- any remaining problems. sist them in complying with Federal er, I yield 3 minutes to the gentleman S. 1685, the bill now under consider- immigration law. This program is in no from Texas (Mr. SMITH). ation, should ameliorate concerns way mandatory. It is completely vol- Mr. SMITH of Texas. Mr. Speaker, I about any lingering problems in the untary and may be used at the discre- thank the chairman of the Committee pilot program by delaying nationwide tion of the employer. Without the op- on the Judiciary for yielding me this implementation until next December tion to use the basic pilot program, time. and requiring the Secretary of Home- employers have no means of verifying Mr. Speaker, the basic pilot program land Security to issue a report by June legal work status for immigrants, caus- was originally authorized in the 1996 evaluating whether the problems iden- ing many employers to discriminate Immigration Act. It allows employers tified by the 2001 report have been sub- against legal workers. in six States to verify the validity of stantially resolved and describing what the Social Security numbers of new actions he needs to take before Decem- b 1745 hires. S. 1685 reauthorizes this program ber 2004 in order to resolve them. This program gives employers the and expands it to allow employers in Mr. Speaker, I urge my colleagues to confidence to hire legal immigrants, all 50 States to voluntarily participate vote for S. 1685. reducing discrimination in the work- in the basic pilot program.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.140 H19PT1 H11586 CONGRESSIONAL RECORD — HOUSE November 19, 2003 The program offers employers the op- first by way of being in this country the Basic Pilot Extension Act of 2003. This im- portunity to ensure that individuals for 5 years without a criminal back- portant legislation would extend for five years they hire are eligible to work in the ground, paying taxes, and working, the Basic Pilot Verification Program, which is United States. finding a way for them to route them- a voluntary program that employers use in Illegal immigrants drive down wages selves to real citizenship. conjunction with the Bureau of Immigration and take jobs from American workers. Might I say in conclusion that as we and Citizenship Services (BCIS) and the So- Recent studies show immigration has organize a Homeland Security Depart- cial Security Administration (SSA) to confirm depressed the wages of American work- ment, and the Committee on the Judi- employment eligibility in my home state of Ne- ers in similar jobs by more than $2,500 ciary worked very hard to establish as- braska, among others. This pilot, which started per year. Ninety percent of the Amer- pects of the immigration provisions, to in November 1997, involves verification ican people believe that we should re- the credit of the Committee on the Ju- checks of the SSA and the BCIS databases of duce illegal immigration, and 79 per- diciary, that particular section was all newly hired employees regardless of citi- cent feel that the Federal Government called the Bureau of Citizenship, I be- zenship. Unfortunately, the Basic Pilot pro- should require employers to verify the lieve, and Immigration Services. That gram is scheduled to terminate on November work status of potential employees. is an important step, that we want peo- 30th of this year. The main attraction for the 10 to 20 ple to be able to legally access citizen- The agricultural economy of Nebraska’s million illegal aliens who have crossed ship, those who have come here to Third District relies heavily on immigrant labor. our borders is work. If we want to re- work and come here to do what is good Employers across my district have told me duce the incentive for illegal immigra- for this country to be able to access that they want to comply with the Immigration tion and its negative impacts, we must citizenship even if their first entry Reform and Control Act of 1986, which made reduce the availability of jobs for ille- might have been in an illegal status. it unlawful for employers to knowingly hire or gal immigrants. This legislation clearly is needed employ aliens not eligible to work, and re- This program reduces illegal immi- today, but we do need a forceful immi- quired employers to verify documents of new gration because it allows employers to gration policy. With that I ask my col- workers. However, a simple visual check of make sure they are only hiring some- leagues to vote for this legislation. these documents by employers will not tell one who is eligible to work in the Mr. Speaker, I yield back the balance them if these are in fact counterfeit docu- United States. of my time. ments, and that this potential new hire is in Everyone who is concerned about lost Mr. SENSENBRENNER. Mr. Speak- fact an illegal alien. jobs and unemployment should support er, I yield myself such time as I may I have heard from many business people in the expansion of the basic pilot pro- consume. the Third District about their need for the gram. If we are serious about saving Mr. Speaker, the only way we are Basic Pilot program. Employers need the ap- jobs for citizens and legal immigrants, going to get a handle on the illegal im- propriate tools to ensure that they are indeed we should pass S. 1685. migration problem of this country is hiring eligible workers, and S. 1685 would Ms. JACKSON-LEE of Texas. Mr. by giving employers the means to allow employers in all states to opt to partici- Speaker, I yield myself such time as I verify whether an applicant for em- pate in the program. By checking the new may consume. ployment is legally able to work here hire’s documents against the BCIS and SSA First of all, let me again acknowl- and then to enforce the 1986 law which databases, the Basic Pilot program allows em- edge my colleagues on the Sub- makes it illegal for an employer to hire ployers to feel more confident about their new committee on Immigration, Border Se- an illegal alien. If we do not do both, hire. curity, and Claims and the full Com- then it will be always cheaper for an I thank my colleague, Representative CAL- mittee on the Judiciary; but I always employer to break the law by hiring an VERT, for his hard work on this issue in the want to acknowledge the staff, both illegal alien because they do not have House and I urge my colleagues to support S. majority and minority, for working to pay them the minimum wage, they 1685. through this legislation. do not have to have workplace safety Mr. SENSENBRENNER. Mr. Speak- I would simply say that we have real- and environmental standards. In many er, I yield back the balance of my time. ized that we have this dilemma be- cases they are paid in cash; and the de- The SPEAKER pro tempore (Mr. tween the need for American workers ductions for Social Security and Fed- SWEENEY). The question is on the mo- to have jobs, particularly in this econ- eral and State income tax withholding tion offered by the gentleman from omy, and juxtaposing it against the are not taken out, all of which is ille- Wisconsin (Mr. SENSENBRENNER) that numbers of immigrants who have come gal, but there still is a huge economic the House suspend the rules and pass to this country for opportunity, in incentive for an employer to break the the Senate bill, S. 1685. many instances economic opportunity. law multiple times by hiring an illegal The question was taken; and (two- I hope that, as we look at this legisla- alien. thirds having voted in favor thereof) tion, we will be reminded of the fact This bill is an important part of clos- the rules were suspended and the Sen- that we do need to establish a real im- ing a part of that loop, by giving em- ate bill was passed. A motion to reconsider was laid on migration policy for this Nation. ployers nationwide the tools to find the table. The basic pilot legislation helps us to out if the person who is asking for a avoid what I think is the ugliest part job is legal and a better way of being f of this conflict with illegal immigra- able to determine whether the docu- PROVIDING FOR FEDERAL COURT tion, and that is racial stereotyping ments that the applicant presents are PROCEEDINGS IN PLANO, TEXAS and stigmatizing of those who happen genuine documents or counterfeit doc- Mr. SENSENBRENNER. Mr. Speak- to come from a background that would uments. er, I move to suspend the rules and ordinarily suggest that they are not So we have done a part of making our pass the Senate bill (S. 1720) to provide here with legal status. By being able to immigration laws more effective by for Federal court proceedings in Plano, find out real information through the passing this legislation, but the other Texas. BCIS and the Social Security Adminis- part indeed deals with enforcement be- The Clerk read as follows: tration, employers can be safe and se- cause without enforcement of the im- S. 1720 cure in those that they might hire. migration law, the problem that we Be it enacted by the Senate and House of Rep- At the same time I think that this thought we solved with the amnesty resentatives of the United States of America in body owes it to the establishment of a that was granted in 1986 will continue Congress assembled, real immigration policy along with the whether or not there is another am- SECTION 1. CHANGE IN COMPOSITION OF DIVI- administration that we should pass nesty that is granted by the Congress, SIONS OF EASTERN DISTRICT OF 245(i) and begin to look at ways to ad- which is a move that I personally op- TEXAS. dress the question of 8 million undocu- (a) IN GENERAL.—Section 124(c) of title 28, pose. So with that, I urge the Members United States Code, is amended— mented aliens by earning access to le- to support this bill. (1) in paragraph (3)— galization, by passing legislation that Mr. OSBORNE. Mr. Speaker, as an original (A) by striking ‘‘Denton, and Grayson’’ and allows those who have come here to cosponsor of similar House legislation, I en- inserting ‘‘Delta, Denton, Fannin, Grayson, work to earn their way to citizenship courage my colleagues to support S. 1685, Hopkins, and Lamar’’; and

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.142 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11587 (B) by inserting ‘‘and Plano’’ after ‘‘held at Texas. Senate 1720 will greatly assist largely transferred to Plano. This is not and Sherman’’; the affected citizens, litigants, lawyers, will not be the case. This issue was consid- (2) by striking paragraph (4) and redesig- and judges and also will promote the ered by the Judicial Conference Committee nating paragraphs (5) through (7) as para- efficient administration of justice. on Court Administration and Case Manage- graphs (4) through (6), respectively; and ment when the proposal was first considered. (3) in paragraph (5), as so redesignated, by The bill is identical to language in The resolve of the judges to assure equity to inserting ‘‘Red River,’’ after ‘‘Franklin,’’. section 102 of H.R. 1302, the Federal Sherman, Texas, and other factors relating (b) EFFECTIVE DATE.— Courts Improvement Act of 2003, which to the great need for a court presence in (1) IN GENERAL.—This section and the was introduced by the chairman and Plano caused that committee to recommend amendments made by this section shall take ranking member of the Subcommittee that the Judicial Conference approve this effect on the date of the enactment of this on Courts, the Internet, and Intellec- proposal, which it did. Act. tual Property. In addition, this Con- I congratulate you and the members of the (2) PENDING CASES NOT AFFECTED.—This gress has passed this exact language on Judiciary Committee for taking prompt ac- section and the amendments made by this tion on this bill which will allow the court to section shall not affect any action com- five previous occasions since 1991. better service the citizens of this region of menced before the effective date of this sec- Following Senate passage of Senate Texas. tion and pending in the United States Dis- 1720, the gentleman from Texas (Mr. Sincerely, trict Court for the Eastern District of Texas HALL) expressed concern that the legis- LEONIDAS RALPH MECHAM, on such date. lation does not ensure that the eastern Secretary. (3) JURIES NOT AFFECTED.—This section and district caseload will be distributed Enclosure. the amendments made by this section shall equally between Plano and Sherman. GENERAL ORDER NO. 03–15 not affect the composition, or preclude the While the judges of the eastern district IN THE UNITED STATES DISTRICT COURT service, of any grand or petit jury sum- FOR THE EASTERN DISTRICT OF TEXAS moned, impaneled, or actually serving in the have unanimously agreed to split the Eastern Judicial District of Texas on the ef- docket between Sherman and Plano, RESOLUTION REGARDING PLACES OF HOLDING fective date of this section. this agreement, in a signed resolution, COURT IN THE SHERMAN DIVISION The SPEAKER pro tempore. Pursu- is nonbinding. Since 1991, both this court and the Judicial I share the concerns of the gentleman Conference of the United States have sup- ant to the rule, the gentleman from ported legislation authorizing Plano as a Wisconsin (Mr. SENSENBRENNER) and from Texas (Mr. HALL). Therefore, I support Senate 1720 premised on the place of holding court in the Sherman Divi- the gentleman from California (Mr. sion. Rapid population growth in the Sher- BERMAN) each will control 20 minutes. understanding that the judges of the man Division over the past decade, particu- The Chair recognizes the gentleman eastern district will do as they prom- larly in Collin and Denton Counties, under- from Wisconsin (Mr. SENSENBRENNER). ised by implementing a system to as- scores the need for an additional court facil- sign at least 50 percent of the cases ity. Sherman Division civil and criminal GENERAL LEAVE filed in or transferred to the Sherman weighted filings over the past five years have Mr. SENSENBRENNER. Mr. Speak- district to a resident district judge sit- grown by 100%. Sherman now has the second er, I ask unanimous consent that all ting in the city of Sherman. The re- heaviest weighted caseload of the six divi- Members may have 5 legislative days maining 50 percent of the cases will be sions in the Eastern District of Texas. within which to revise and extend their In the near future, two resident district assigned to the Plano court. remarks and include extraneous mate- judges, a resident magistrate judge and a vis- Finally, in response to my request rial on S. 1720, the Senate bill cur- iting district judge will be hearing all Sher- for assurance that the judges’ agree- rently under consideration. man Division cases in only two courtrooms. ment will be implemented, the Admin- The court has already run out of room in The SPEAKER pro tempore. Is there istrative Office of the U.S. Courts has Sherman and needs to acquire additional objection to the request of the gen- written a letter promising to do what- court facilities in the Division. Having court tleman from Wisconsin? ever is necessary to implement this facilities in both Sherman and Plano will en- There was no objection. plan. I will insert this letter along with able the court to better manage the rapidly Mr. SENSENBRENNER. Mr. Speak- growing caseload and provide better service the resolution signed by the judges of er, I yield myself such time as I may to a large population base in southern Collin the Eastern District of Texas into the consume. County. RECORD. With these assurances, I am Today when I was driving in, I fol- It is the court’s intention, when a place of sure that we can mess with Texas and holding court in Plano is authorized, to as- lowed a car that had a big bumper not get caught in the crossfire. sign the case filings as follows: sticker on it that said ‘‘Don’t Mess I urge my colleagues to support this 50% civil and criminal cases docketed and with Texas,’’ and I came to the House bill. tried in Sherman (Judges Brown and Davis). 50% civil and criminal cases docketed and today with great fear and trepidation JUDICIAL CONFERENCE tried in Plano (Judge Schell). that by messing with Texas and decid- OF THE UNITED STATES, ing where the Federal courts will sit, I Washington, DC, November 19, 2003. In light of the above, the judges of this court hereby REAFFIRM our prior resolu- would be caught in the crossfire of a Hon. F. JAMES SENSENBRENNER, Jr., Texas cat fight, and I am happy to re- Chairman, Committee on the Judiciary, House tion to establish Plano as a place of holding court in the Sherman Division, and RE- port that the cats are purring and the of Representatives, Rayburn House Office Building, Washington, DC. SOLVE, if pending legislation passes that Members can mess with Texas and not authorizes Plano as a place of holding court, get in trouble by passing this bill. DEAR MR. CHAIRMAN: I understand that S. 1720, a bill to designate Plano, Texas, will be to have half the Sherman Division caseload Senate 1720 implements the March, considered by the House later today. The bill docketed and tried in Sherman, and the 1991, Judicial Conference proposal to would remedy a serious problem hindering other half of the caseload docketed and tried designate Plano, Texas, as a place for efficient judicial administration in the East- in Plano. If Judge Brown ceases holding holding court in the Eastern District of ern District of Texas. court in Sherman, a new resident judge shall Texas. It also realigns the divisions of This bill has the strong support of the Ju- be designated to hold court in Sherman as soon as possible, and pending the new judge’s the U.S. District Court for the Eastern dicial Conference of the United States. As a provision of an omnibus court improvement residing in Sherman, 50% of civil and crimi- District of Texas to reflect the closing nal cases shall be docketed and tried in Sher- of the courthouse in Denton County. bill, it has been passed by the House in two previous Congresses, only to remain unacted man, and the clerk’s office in Sherman shall The Paris division is eliminated and its upon in the Senate. remain staffed sufficiently to support a resi- counties redistributed among the other The judges of the Eastern District of Texas dent judge. divisions of this court. have formally resolved that half of the Sher- Signed this 13th day of June, 2003. Plano is the largest city in the East- man Division caseload will be docketed and For the Court: ern District of Texas. Of the 93 judicial tried in Sherman, Texas, and half will be John Hannah, Jr., districts in the United States, the docketed and tried in Plano, Texas. A copy Chief Judge. of an order of the court of June 13, 2003, stat- Eastern District of Texas is the only Mr. Speaker, I reserve the balance of one in which its largest city cannot ing this specifically and in some detail is en- closed hereto. my time. hold Federal court. The Judicial Conference and the court in b 1800 This is a major impediment to the ef- the Eastern District of Texas are well aware ficient operations of the Federal court of the concerns of those in Sherman that the Mr. BERMAN. Mr. Speaker, I yield system in the Eastern District of judicial business of the division would be myself such time as I may consume.

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.099 H19PT1 H11588 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Mr. Speaker, I rise in support of S. thank the gentleman from Texas (Mr. iting district judge will be hearing all Sher- 1720 and I ask my colleagues to support HALL) and the gentleman from Cali- man Division cases in only two courtrooms. the bill as well. It is a narrow bill, but fornia (Mr. BERMAN) for working with The court has already run out of room in a necessary one. It is identical to the us. Sherman and needs to acquire additional This is a bipartisan agreement. I will court facilities in the Division. Having court provisions of the Federal Courts Im- facilities in both Sherman and Plano will en- provement Act currently before the let my colleagues know that Collin able the court to better manage the rapidly Committee on the Judiciary, and to County is expected to increase by 73 growing caseload and provide better service legislation which has I think several percent in population by the year 2020, to a large population base in southern Collin times passed the House. so this is a needed court and long over- County. The purpose of the bill is to allow for due. It is the court’s intention, when a place of Federal court proceedings and an addi- Mr. Speaker, you know, the role of the Fed- holding court in Plano is authorized, to as- eral Government is to serve people. And one sign the case filings as follows: tional courthouse in Plano, Texas. As a 50% civil and criminal cases docketed and result, the bill will remedy a critical way the government serves the people is tried in Sherman (Judges Brown and Davis) problem hindering the efficient judicial through the judicial system. 50% civil and criminal cases docketed and administration of the U.S. District Well, the people of Plano, nearly 250,000 tried in Plano (Judge Schell) Court for the Eastern District of Texas. strong and the largest city in Collin County, do In light of the above, the judges of this The existing courthouse is in Sher- not have access to a nearby Federal court. court hereby REAFFIRM our prior resolu- man, Texas and is overburdened by its Simply put, today’s bill is good legislation that tion to establish Plano as a place of holding is long overdue. Anytime a lawyer wants to file court in the Sherman Division, and RE- increasing caseload. Filings over the SOLVE, if pending legislation passes that past 5 years have grown by 100 percent. a court paper, they have to drive 48 miles to authorizes Plano as a place of holding court, This situation mandates a solution. S. near the Oklahoma border to Sherman, TX. to have half the Sherman Division caseload 1720 designates Plano as an additional Anytime a police officer needs to sign a legal docketed and tried in Sherman, and the place of holding court to help address document, they have to drive nearly 100 miles other half of the caseload docketed and tried this expanded workload. round trip. That is not time well spent. in Plano. The court intends to maintain at The one substantive concern about If the role of the Federal Government is to least one resident judge in Sherman and one the bill, how cases will be distributed serve the people, then it’s time to let Collin resident judge in Plano. If Judge Brown between the two courthouses, has been County hold court. You know, Plano con- ceases holding court in Sherman, a new resi- sumes more than three-fourths of the criminal dent judge shall be designated to hold court resolved. As I understand it, the chair- in Sherman as soon as possible, and pending man of the Committee on the Judiciary cases in Sherman and nearly 4 out of 5 civil the new judge’s residing in Sherman, 50% of has agreed to engage in a colloquy with cases. Clearly there is a need in Plano for a civil and criminal cases shall be docketed the distinguished gentleman from Federal bench. The people of Collin County and tried in Sherman, and the clerk’s office Texas in which it will become clear and the Eastern District of Texas are woefully in Sherman shall remain staffed sufficiently that S. 1720 is intended to relieve the underserved. to support a resident judge. overflow of filings in the Sherman On the top of that, the population of Collin Signed this 13th day of June, 2003. courthouse, but not do away with the County is expected to increase by 73 percent For the Court: Sherman courthouse. I think the chair- by the year 2020. If we don’t take care of this John Hannah, Jr. man has already made that clear, that now, when will we? Chief Judge. that is his intention. With four judges but just two courtrooms, Mr. BERMAN. Mr. Speaker, I yield Furthermore, there is agreement the Sherman division badly needs another such time as he may consume to the from the Senate sponsor, the junior courtroom somewhere. That somewhere gentleman from Texas (Mr. HALL). Senator from Texas, that the civil and should be the city of Plano. Important to the Mr. HALL. Mr. Speaker, when I ar- criminal case filings for the Sherman city of Sherman, the bill also protects the rived at the Capitol today, I was hand- division will be split 50–50 between the Grayson County Courthouse Docket by ex- ed the floor schedule that indicated Plano and Sherman courthouses. The panding the Sherman Court jurisdiction to four that Senate bill 1720 had been placed on U.S. District Court for the Eastern Dis- new counties; Fannin, Lamar, Delta, and Hop- the Suspension Calendar. We have not trict of Texas has adopted a resolution kins. had a lot of time to try to work out the memorializing this agreement, and the I also want to thank my friend Ralph Hall for details, but I am grateful to a lot of Judicial Conference of the United his work on this issue. I hope he believes we people for their assurance that we are States has sent a letter to the same ef- addressed many of his initial concerns. going to keep the agreement that has Before I close, I’d like to thank my col- fect. Finally, the Committee on the Ju- been made between the two courts. leagues in the Senate, Senators CORNYN and diciary Report on the Federal Courts First, I want to thank, of course, the HUTCHISON, who helped get this bill through Improvement Act, which currently gentleman from Wisconsin (Chairman the other body. contains identical provisions, will re- SENSENBRENNER), Debby Lehman, Sam This measure has passed the House every Garg, Blain Merritt, and Phil Kiko for flect this understanding. Through Congress since 1991, only to die in committee these measures, we can rest assured their good work and for their support. in the Senate. Their leadership paved the way I thank the ranking member, the gen- that the addition of this courthouse to make this possible for Collin County. tleman from Michigan (Mr. CONYERS), will have no negative impact on the In the name of good government, the Fed- of the Committee on the Judiciary and Sherman courthouse. eral Government started serving the people of Perry Applebaum. I thank the gen- I appreciate the efforts that my col- Collin County. leagues have made to address the con- tleman from California (Mr. BERMAN), cerns of those in Sherman, and I am GENERAL ORDER NO. 03–15 my friend and ranking member on the confident that there is general agree- IN THE UNITED STATES DISTRICT COURT subcommittee, and Shanna Winters FOR THE EASTERN DISTRICT OF TEXAS ment that the judicial business of the and Alec French. They have all worked RESOLUTION REGARDING PLACES OF HOLDING Sherman and Plano divisions will be hard during the course of the day to COURT IN THE SHERMAN DIVISION shared equally. work out assurance, and with the gen- Since 1991, both this court and the Judicial tleman from Texas’s (Mr. JOHNSON) Mr. Speaker, I ask my colleagues to Conference of the United States have sup- support S. 1720. ported legislation authorizing Plano as a support of assurance that this will be a Mr. Speaker, I reserve the balance of place of holding court in the Sherman Divi- 50–50 division. my time. sion. Rapid population growth in the Sher- I have never opposed Plano having a Mr. SENSENBRENNER. Mr. Speak- man Division over the past decade, particu- court. It is a huge city. It is a great er, I yield 1 minute to the gentleman larly in Collin and Denton Counties, under- city. It is a growing city. And as we from Texas (Mr. SAM JOHNSON). scores the need for an additional court facil- move along with this 50–50 agreement (Mr. SAM JOHNSON of Texas asked ity. Sherman Division civil and criminal and Plano grows, as it surely will, they and was given permission to revise and weighted filings over the past five years have will need more judges and more courts grown by 100%. Sherman now has the second extend his remarks.) heaviest weighted caseload of the six divi- there. I certainly hope to help them. Mr. SAM JOHNSON of Texas. Mr. sions in the Eastern District of Texas. For several years, efforts have been Speaker, I appreciate the gentleman In the near future, two resident district made to hold court proceedings in yielding me this time. I just want to judges, a resident magistrate judge and a vis- Plano, Texas where they have had no

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.148 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11589 court proceedings. I have no objection be assigned for trial and tried in Plano Mr. HALL. Mr. Speaker, reclaiming to such, and I only want to continue by either the resident United States my time, we have Senator CORNYN and holding court in Sherman, Texas. District Judge sitting in Plano or an- Senator HUTCHISON who will place this Agreements have been made to hold 50 other United States District Judge as- in the report language in the Senate percent of the cases in Plano and 50 signed to hold court in Plano. If the judiciary bill. percent in Sherman, adding some coun- resident judge in Sherman or Plano re- Mr. CONYERS. Mr. Speaker, I rise in sup- ties to the Sherman district. I only tires or dies, 50 percent of the cases port of this legislation, which would provide want this agreement to be part of the shall continue to be tried in Sherman greater access to Federal courts for litigants in proceedings, and I will be asking for a and 50 percent tried in Plano while a various counties in Texas. One provision of colloquy in a little bit with the gen- new resident judge is being assigned. the bill adds the city of Plano as a place of tleman from Wisconsin (Chairman SEN- This provision shall not prevent the holding court; current residents of Plano must SENBRENNER). I have conferred with transfer of a case to another judge or travel to the city of Sherman. It is my under- Judge McGraw of Grayson County. I division of the United States District standing that, with respect to the courthouses have received petitions from Judge Court for the Eastern District of Texas in Plano and Sherman, the courts will ensure McGraw and many of the major cities or another United States District that the civil and criminal dockets will be di- in and around Grayson County. I rep- Court for trial, if such transfer is per- vided equally. resent them. If I do not represent mitted by applicable law.’’ Mr. BERMAN. Mr. Speaker, I yield them, they will not be represented in Mr. Speaker, I have long expressed back the balance of my time. this matter, and I want to be recorded my support and I have no objection to Mr. SENSENBRENNER. Mr. Speak- here and now that we want an agree- a Plano district court. The people in er, I am happy to yield back the bal- ment of a 50–50 division of litigation to Plano are entitled to a court and, like- ance of my time as well. be committed to writing, both here and wise, the people of Sherman are enti- The SPEAKER pro tempore (Mr. in the Senate. tled to an assurance that an addition of SWEENEY). The question is on the mo- I have spoken with Senator JOHN a Plano court will not diminish or oth- tion offered by the gentleman from CORNYN then of the Committee on the erwise imperil the court in Sherman. Wisconsin (Mr. SENSENBRENNER) that Judiciary, and I have spoken with Sen- The folks in Plano are happy with the the House suspend the rules and pass gentleman from Texas (Mr. SAM JOHN- ator KAY BAILEY HUTCHISON, sub- the Senate bill, S. 1720. committee chairman, and they too SON), and they should be. I want the The question was taken; and (two- want this documentation. There has people in Grayson County to be happy thirds having voted in favor thereof) been a difference of opinion as to with this transaction also. I think this the rules were suspended and the Sen- whether or not it would be codified report language gives clarity to this ate bill was passed. amendment and would ensure the via- A motion to reconsider was laid on into the statute itself, and while this bility of both courts for the next 50 the table. will not have that codification, there years. f will be report language that will be Mr. SENSENBRENNER. Mr. Speak- with this bill, and I think will be evi- er, will the gentleman yield? ENVIRONMENTAL POLICY AND dence to people within the next 10, 15, Mr. HALL. I yield to the gentleman CONFLICT RESOLUTION AD- 20, 30, 40 years that we still want a from Wisconsin. VANCEMENT ACT OF 2003 court in Sherman, Texas in Grayson Mr. SENSENBRENNER. Mr. Speak- Mr. GREENWOOD. Mr. Speaker, I County. er, the Committee on the Judiciary has move to suspend the rules and pass the Senator KAY BAILEY HUTCHISON and no control over report language of bills bill (H.R. 421) to reauthorize the United JOHN CORNYN want Grayson County that are under the jurisdiction of the States Institute for Environmental protected on the 50–50 agreement and, Committee on Appropriations, and Conflict Resolution, and for other pur- accordingly, they are placing proper re- since the thought has been to have this poses. port language in the Senate Committee statutory amendment placed in the The Clerk read as follows: on the Judiciary report to be placed Commerce, Justice, State Appropria- H.R. 421 with the passage of Senate bill 1720. tion bill, I can say that the Committee Be it enacted by the Senate and House of Rep- So Mr. Speaker, first, let me place in on the Judiciary would have no objec- resentatives of the United States of America in the RECORD the statement of the gen- tion to this, because this codifies the Congress assembled, tleman from Michigan (Mr. CONYERS), agreement that has been made and the SECTION 1. SHORT TITLE. the ranking member on the Committee resolution that has been adopted by This Act may be cited as the ‘‘Environ- on the Judiciary. the judges of the Eastern District of mental Policy and Conflict Resolution Ad- I also want to engage in a colloquy Texas, as well as confirmed by the Ad- vancement Act of 2003’’. with my colleague, the gentleman from SEC. 2. ENVIRONMENTAL DISPUTE RESOLUTION ministrative Office of the U.S. Courts FUND. Wisconsin (Chairman SENSENBRENNER). representing the Judicial Conference of I again thank the chairman on S. 1720, Section 13 of the Morris K. Udall Scholar- the United States. ship and Excellence in National Environ- a bill to provide for the Federal court So I have no objection to this statu- mental and Native American Public Policy proceedings in Plano, Texas. tory amendment if it should find its Act of 1992 (20 U.S.C. 5609) is amended by It is my understanding that we have way into an appropriation bill. But the striking subsection (b) and inserting the fol- reached an agreement with Members gentleman from Texas and everybody lowing: on both sides of the aisle and with Sen- else knows full well that what happens ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION ators CORNYN and HUTCHISON that the FUND.—There is authorized to be appro- in appropriation bills at the end of a priated to the Environmental Dispute Reso- passage of this legislation shall be ac- session of Congress is a very mys- companied by the following report lan- lution Fund established by section 10 terious thing that those of us who $4,000,000 for each of fiscal years 2004 through guage in the Commerce, Justice, State serve on authorizing committees will 2008, of which— Appropriations bill that would indicate never understand as long as we are ‘‘(1) $3,000,000 shall be used to pay oper- a sense of Congress as follows: ‘‘Both here. ations costs (including not more than $1,000 Sherman and Plano shall have a resi- But rest assured that what the gen- for official reception and representation ex- dent United States District Judge. tleman from Texas has said does rep- penses); and Fifty percent of the cases filed in or resent the understanding of members ‘‘(2) $1,000,000 shall be used for grants or transferred to the Sherman Division of of the Committee on the Judiciary, and other appropriate arrangements to pay the the United States District Court for costs of services provided in a neutral man- if the appropriators will listen to us, ner relating to, and to support the participa- the Eastern District of Texas shall be for once, they will be able to make a tion of non-Federal entities (such as State assigned for trial and tried in Sherman constructive addition to an appropria- and local governments, tribal governments, by either the resident United States tion bill, whether it is the State, Jus- nongovernmental organizations, and individ- District Judge sitting in Sherman or tice, Commerce one or another one uals) in, environmental conflict resolution another United States District Judge that mysteriously arises from the bow- proceedings involving Federal agencies.’’. assigned to hold court in Sherman. The els of the Capitol within the next few The SPEAKER pro tempore. Pursu- remaining 50 percent of the cases shall days. ant to the rule, the gentleman from

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.149 H19PT1 H11590 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Pennsylvania (Mr. GREENWOOD) and the Committee on Resources chairman, the course, it does reauthorize for a period gentleman from Colorado (Mr. UDALL) gentleman from California (Mr. POMBO) of years and provides funding for that each will control 20 minutes. and the ranking member, the gen- same period of years for the U.S. Insti- The Chair recognizes the gentleman tleman from West Virginia (Mr. RA- tute for Environmental Conflict Reso- from Pennsylvania (Mr. GREENWOOD). HALL), as well as the Committee on lution, which is part of the Morris K. GENERAL LEAVE Education and the Workforce chair- Udall Foundation. Mr. GREENWOOD. Mr. Speaker, I man, the gentleman from Ohio (Mr. As we all know, Morris Udall was a ask unanimous consent that all Mem- BOEHNER) and the ranking member, the beloved Member of this body for many bers may have 5 legislative days within gentleman from California (Mr. years and devoted much of his life to which to revise and extend their re- GEORGE MILLER), for making it possible natural resources and to environ- marks and include extraneous material for the House to consider the bill mental issues and to environmental on H.R. 421. today. conflict resolution. So I can think of The SPEAKER pro tempore. Is there As my colleague, the gentleman from nothing more appropriate than this or- objection to the request of the gen- Pennsylvania (Mr. GREENWOOD) has ex- ganization and this institute which tleman from Pennsylvania? plained, the bill would reauthorize the works to resolve these conflicts to have There was no objection. United States Institute for Environ- it named after Morris Udall. Mr. GREENWOOD. Mr. Speaker, I mental Conflict Resolution. The insti- The institute has been around since yield myself such time as I may con- tute is part of the Morris K. Udall 1998 as an impartial, nonpartisan insti- sume. Foundation, which is located at the tution which provides professional ex- Mr. Speaker, I am pleased that we University of Arizona in Tucson. Its pertise and services and resources to are here today to consider H.R. 421, the purpose is to provide mediation and fa- parties that are involved in environ- Environmental Policy and Conflict cilitation to help resolve environmental disputes. It assists in resolving Resolution Advancement Act of 2003. mental conflicts. those environmental and natural re- H.R. 421 amends the Morris K. Udall sources issues, public lands conflicts b 1815 Scholarship and Excellence in National that involve the Federal Government Environmental and Native American The bill would authorize appropria- and other governmental agencies. And Policy Act of 1992 to reauthorize the tion of $4 million annually for the in- it deals with conflicts on a nationwide Environmental Dispute Resolution stitute’s work in fiscal years 2004 basis. Fund. through 2008. The institute’s projects In 5 years of operation the institute Specifically, the bill authorizes the involve a wide range of environmental has been involved in more than 300 con- fund at $4 million and extends it natural resource and public lands flict resolution cases and projects. The through fiscal year 2008. The bill also issues. It provides impartial, non- gentleman from Colorado (Mr. UDALL) stipulates how the funding is to be dis- partisan expertise and services to all referred to 100; but on an informal tributed: $3 million to pay for the oper- parties involved, and works with pri- basis, they have been involved in at ating costs of the Institute for Envi- vate individuals and organizations as least a couple hundred more other than ronmental Conflict Resolution, and $1 well as with Federal, State, local agen- that. It does, as we have already heard, million for grants to encourage partici- cies and Indian tribes. authorize $4 million, $1 million of pation of non-Federal entities in Fed- Over the past 5 years, it has had re- which would be for a participation fund eral environmental disputes. quests for assistance in more than 100 which would assist the stakeholders, In 1998 the Institute for Environ- cases across 30 States. And there is communities’ agricultural interests, mental Conflict Resolution was estab- every indication that the number of re- resources users, tribes that are in- lished as part of the National Environ- quests will increase in the years ahead. volved in environmental disputes with mental Foundation. The Foundation In short, Mr. Speaker, this is a non- the Federal Government. And it would administers the Environmental Dis- controversial bill that will reauthorize help them participate in alternative pute Resolution Fund. The institute an important program that aims at re- conflict resolution processes. The funds was created to assist in the resolution solving conflicts and reducing the need are intended to continue general serv- of Federal environmental, natural refor litigation. I urge its approval. ices and provide assistance to the Fed- sources, and public lands conflicts and Again, I want to thank the leaders of eral and State agencies and tribal gov- controversies through facilitated nego- the Committee on Resources and the ernments. tiation, mediation, and collaborative Committee on Education and the Mr. Speaker, this institute has al- problem-solving. The Environmental Workforce for bringing this important ready more than paid for itself. Lit- Dispute Resolution Fund is maintained bill forward. erally countless numbers of disputes separately from the Udall Trust Fund Mr. Speaker, I reserve the balance of have been resolved in a way that have and provides the financial support for my time. saved taxpayers millions of dollars by the operation of the institute. Mr. GREENWOOD. Mr. Speaker, I resolving them quickly and resolving I want to thank my distinguished yield 3 minutes to the gentleman from them in a way that avoided litigation. colleague, the gentleman from Arizona Arizona (Mr. KOLBE), the author of the The institute does work, and the rea- (Mr. KOLBE), for introducing this legis- legislation. son it can do the work that it does is lation and for ensuring that it was Mr. KOLBE. Mr. Speaker, I want to because its work is accepted by both brought before us today. I want also to thank the gentleman from Pennsyl- sides, by all sides. It works in a non- urge my colleagues to join me in sup- vania (Mr. GREENWOOD) for managing partisan fashion. If works in a fashion port of H.R. 421, the Environmental this bill on the floor this afternoon and which brings the sides together to re- Policy and Conflict Resolution Ad- the Committee on Education and the solve the dispute. It is a model for vancement Act of 2003. Workforce for bringing this bill for- what we should be using to resolve en- Mr. Speaker, I reserve the balance of ward, also the Committee on Resources vironmental disputes. my time. represented today by the gentleman Mr. Speaker, I urge the passage of Mr. UDALL of Colorado. Mr. Speak- from Colorado (Mr. UDALL) on the mi- this important piece of legislation. er, I yield myself such time as I may nority side. Both have worked to bring Mr. UDALL of Colorado. Mr. Speak- consume. this bill to the floor, and I thank them er, I have no further requests for time, (Mr. UDALL of Colorado asked and for the support they have given to this. and I yield back the balance of my was given permission to revise and ex- I do rise in support of H.R. 421, Envi- time. tend his remarks.) ronmental Policy and Conflict Resolu- Mr. GREENWOOD. Mr. Speaker, I Mr. UDALL of Colorado. Mr. Speak- tion Advancement Act of 2003. The bill have no further requests for time, and er, I rise in strong support of this bill has been explained by both the gen- I yield back the balance of my time. which was introduced by our colleague tleman from Pennsylvania (Mr. GREEN- The SPEAKER pro tempore (Mr. and my good friend, the gentleman WOOD) and the gentleman from Colo- SIMPSON). The question is on the mo- from Arizona (Mr. KOLBE). As a cospon- rado (Mr. UDALL); and I will not go into tion offered by the gentleman from sor of the bill, I want to thank the more detail except to say that, of Pennsylvania (Mr. GREENWOOD) that

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.152 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11591 the House suspend the rules and pass (10) tract C–691, Lake County, consisting of changed, the Secretary may accept a cash the bill, H.R. 421. the subsurface rights to approximately 40.76 equalization payment in excess of 25 percent The question was taken; and (two- acres of land, and more particularly de- of the value of the Federal land. thirds having voted in favor thereof) scribed as T. 17 S., R. 29 E., sec. 25, SE1⁄4 (i) DISPOSITION OF PROCEEDS.— 1 the rules were suspended and the bill NW ⁄4; (1) IN GENERAL.—The net proceeds derived (11) tract C–2208b, Lake County, consisting was passed. from any sale or exchange under this Act of approximately 39.99 acres, and more par- shall be deposited in the fund established by A motion to reconsider was laid on ticularly described as T. 17 S., R. 28 E., sec. Public Law 90–171 (commonly known as the the table. 28, NW1⁄4 SE1⁄4; ‘‘Sisk Act’’) (16 U.S.C. 484a). f (12) tract C–2209, Lake County, consisting (2) USE.—Amounts deposited under para- of approximately 127.2 acres, as depicted on FLORIDA NATIONAL FOREST LAND graph (1) shall be available to the Secretary the map, and more particularly described as for expenditure, without further appropria- MANAGEMENT ACT OF 2003 1 1 1 T. 17 S., R. 28 E., sec. 21, NE ⁄4 SW ⁄4, SE ⁄4 tion, for— Mr. PUTNAM. Mr. Speaker, I move NW1⁄4, and SE1⁄4 NE1⁄4; (A) acquisition of land and interests in to suspend the rules and pass the Sen- (13) tract C–2209b, Lake County, consisting land for inclusion as units of the National ate bill (S. 117) to authorize the Sec- of approximately 39.41 acres, and more par- Forest System in the State; and retary of Agriculture to sell or ex- ticularly described as T. 17 S., R. 29 E., sec. (B) reimbursement of costs incurred by the 32, NE1⁄4 SE1⁄4; change certain land in the State of Secretary in carrying out land sales and ex- (14) tract C–2209c, Lake County, consisting changes under this Act, including the pay- Florida, and for other purposes. of approximately 40.09 acres, and more par- ment of real estate broker commissions The Clerk read as follows: ticularly described as T. 18 S., R. 28 E., sec. under subsection (f). 1 1 S. 117 14, SE ⁄4 SW ⁄4; SEC. 4. ADMINISTRATION. (15) tract C–2209d, Lake County, consisting Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Land acquired by the resentatives of the United States of America in of approximately 79.58 acres, and more par- United States under this Act shall be— Congress assembled, ticularly described as T. 18 S., R. 29 E., sec. (1) subject to the Act of March 1, 1911 (com- 1 1 1 1 SECTION 1. SHORT TITLE. 5, SE ⁄4 NW ⁄4, NE ⁄4 SW ⁄4; monly known as the ‘‘Weeks Act’’) (16 U.S.C. This Act may be cited as the ‘‘Florida Na- (16) tract C–2210, government lot 1, 20 rec- 480 et seq.); and tional Forest Land Management Act of reational residential lots, and adjacent land (2) administered in accordance with laws 2003’’. on Lake Kerr, Marion County, consisting of (including regulations) applicable to the Na- SEC. 2. DEFINITIONS. approximately 30 acres, and more particu- tional Forest System. larly described as T. 13 S., R. 25 E., sec. 22; In this Act: (b) APPLICABLE LAW.—The land described (17) tract C–2213, located in the F.M. (1) SECRETARY.—The term ‘‘Secretary’’ in section 3(b) shall not be subject to the Arrendondo grant, East of Ocala, Marion means the Secretary of Agriculture. Federal Property and Administrative Serv- County, and including a portion of the land (2) STATE.—The term ‘‘State’’ means the ices Act of 1949 (40 U.S.C. 471 et seq.). located east of the western right-of-way of State of Florida. (c) WITHDRAWAL.—Subject to valid existing State Highway 19, consisting of approxi- SEC. 3. SALE OR EXCHANGE OF LAND. rights, the land described in section 3(b) is mately 15.0 acres, and more particularly de- (a) IN GENERAL.—The Secretary may, withdrawn from location, entry, and patent scribed as T. 14 and 15 S., R. 26 E., sec. 36, 38, under such terms and conditions as the Sec- under the public land laws, mining laws, and and 40; and retary may prescribe, sell or exchange any mineral leasing laws (including geothermal (18) all improvements on the parcels de- right, title, and interest of the United States leasing laws). in and to the parcels of Federal land in the scribed in paragraphs (1) through (17). (c) LEGAL DESCRIPTION MODIFICATION.—The State described in subsection (b). The SPEAKER pro tempore. Pursu- (b) DESCRIPTION OF LAND.—The parcels of Secretary may, for the purposes of soliciting ant to the rule, the gentleman from Federal land in the State referred to in sub- offers for the sale or exchange of land under Florida (Mr. PUTNAM) and the gen- subsection (d), modify the descriptions of section (a) consist of— tleman from Texas (Mr. STENHOLM) (1) tract A–942a, East Bay, Santa Rosa land specified in subsection (b) based on— (1) a survey; or each will control 20 minutes. County, consisting of approximately 61 The Chair recognizes the gentleman acres, and more particularly described as T. (2) a determination by the Secretary that the modification would be in the best inter- from Florida (Mr. PUTNAM). 1 S., R. 27 W., sec. 31, W1⁄2 of SW1⁄4; (2) tract A–942b, East Bay, Santa Rosa est of the public. Mr. PUTNAM. Mr. Speaker, I yield (d) SOLICITATIONS OF OFFERS.— County, consisting of approximately 40 myself such time as I may consume. (1) IN GENERAL.—Subject to such terms and acres, and more particularly described as T. (Mr. PUTNAM asked and was given conditions as the Secretary may prescribe, 1 S., R. 27 W., sec. 38; the Secretary may solicit offers for the sale permission to revise and extend his re- (3) tract A–942c, Ft. Walton, Okaloosa or exchange of land described in subsection marks, and include extraneous mate- County, located southeast of the intersection (b). rial.) of and adjacent to State Road 86 and Mooney (2) REJECTION OF OFFERS.—The Secretary Mr. PUTNAM. Mr. Speaker, I rise in Road, consisting of approximately 0.59 acres, may reject any offer received under this sec- and more particularly described as T. 1 S., R. support of Senate 117, the Florida Na- tion if the Secretary determines that the 24 W., sec. 26; tional Forest Management Act of 2003. offer— (4) tract A–942d, located southeast of I commend the gentleman from Florida (A) is not adequate; or Crestview, Okaloosa County, consisting of (Mr. MILLER), my good friend, for his (B) is not in the public interest. approximately 79.90 acres, and more particu- (e) METHODS OF SALE.—The Secretary may leadership on this issue. larly described as T. 2 N., R. 23 W., sec. 2, sell the land described in subsection (b) at This bill allows the Secretary of Ag- 1 1 1 1 NW ⁄4 NE ⁄4 and NE ⁄4 NW ⁄4; public or private sale (including at auction), riculture to solicit offers to sell or ex- (5) tract A–943, Okaloosa County Fair- in accordance with any terms, conditions, change 17 parcels of land within the grounds, Ft. Walton, Okaloosa County, con- and procedures that the Secretary deter- sisting of approximately 30.14 acres, and National Forest system in Florida. mines to be appropriate. These parcels, according to the Depart- more particularly described as T. 1 S., R. 24 (f) BROKERS.—In any sale or exchange of W., sec. 26, S1⁄2; land described in subsection (b), the Sec- ment of Agriculture are ‘‘isolated lands (6) tract A–944, City Ball Park—Ft. Walton, retary may— that no longer contain National Forest Okaloosa County, consisting of approxi- (1) use a real estate broker; and characteristics and are no longer man- mately 12.43 acres, and more particularly de- (2) pay the real estate broker a commission ageable as National Forest system 1 scribed as T. 1 S., R. 24 W., sec. 26, S ⁄2; in an amount that is comparable to the land.’’ Many of the parcels this bill (7) tract A–945, Landfill-Golf Course Driv- amounts of commission generally paid for ing Range, located southeast of Crestview, considers contain structures such as real estate transactions in the area. baseball fields and the Okaloosa Coun- Okaloosa County, consisting of approxi- (g) CONCURRENCE OF THE SECRETARY OF THE mately 40.85 acres, and more particularly de- AIR FORCE.—A parcel of land described in ty Fairgrounds. scribed as T. 2 N., R. 23 W., sec. 4, NW1⁄4 NE1⁄4; paragraphs (1) through (7) of subsection (b) The committee received letters of (8) tract A–959, 2 vacant lots on the north shall not be sold or exchanged by the Sec- support from the Department of Agri- side of Micheaux Road in Bristol, Liberty retary without the concurrence of the Sec- culture and the concurrence of the Air County, consisting of approximately 0.5 retary of the Air Force. Force for the sale or exchange of lands acres, and more particularly described as T. (h) CASH EQUALIZATION.—Notwithstanding adjacent to Air Force property in Flor- 1 S., R. 7 W., sec. 6; section 206(b) of the Federal Land Policy and (9) tract C–3m–d, located southwest of Management Act of 1976 (43 U.S.C. 1716(b)), if ida. All interested parties agree that Astor in Lake County, consisting of approxi- the value of non-Federal land for which Fed- this bill will improve ownership pat- mately 15.0 acres, and more particularly de- eral land is exchanged under this section is terns, facilitate the best use of these scribed as T. 15 S., R. 28 E., sec. 37; less than the value of the Federal land ex- lands, and enable the Forest Service to

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.154 H19PT1 H11592 CONGRESSIONAL RECORD — HOUSE November 19, 2003 achieve its land management objec- HOUSE OF REPRESENTATIVES, termines that the offer is inadequate or tives. I urge all the Members to sup- COMMITTEE ON AGRICULTURE, is not in the best interest of the public. port this important legislation. Washington, DC, November 19, 2003. For parcels that run adjacent to or Hon. RICHARD POMBO, are in any way connected to the Air Mr. Speaker, I reserve the balance of Committee on Resources, Force’s property, which some parcels my time. Washington, DC. DEAR MR. CHAIRMAN: I wanted to take this are, the sale or exchange cannot be ex- Mr. STENHOLM. Mr. Speaker, I yield opportunity to thank you for your letter re- ecuted by the Secretary of Agriculture myself such time as I may consume. garding H.R. 482. As you know, its com- without the concurrence of the Sec- Mr. Speaker, I rise in support of S. panion bill S. 117 is being considered on the retary of the Air Force. Additionally, the Congressional 117, the Florida National Forest Land floor of the House of Representatives today. The bill, S. 117 would authorize the Sec- Budget Office estimates that enacting Management Act of 2003. This legisla- retary of Agriculture to sell or exchange cer- this legislation would not significantly tion was introduced by Senator tain land in the State of Florida, and for affect the Federal budget, and the GRAHAM, was passed in the Senate by other purposes. measure contains no intergovern- unanimous consent on March 4. The Both S. 117 and H.R. 482 were referred solely to the House Agriculture Committee. mental or private sector mandates as companion measure we consider to- defined in the Unfunded Mandates Re- night was introduced by the gentleman However, I understand that your committee could have received sequential jurisdiction form Act and would have no significant from Florida (Mr. MILLER). over this legislation. Therefore, I understand impact on the budgets of State, local, This legislation was drafted with the and appreciate your willingness to forego or tribal governments. help of the U.S. Forest Service and sup- committee referral of the bill for the sake of Therefore, Mr. Speaker, I would like ported by the Air Force and will aid timeliness and the importance of this legis- to thank the leadership for making the agency with fire prevention and lation to Congressman Miller of Florida. room on today’s calendar for this im- I support your request to have the Com- portant piece of legislation. I would protection in the area. mittee on Resources be represented on any conference on S. 117 or a similar bill, should like to thank the chairman and also Mr. Speaker, I urge my colleagues to my colleague, the gentleman from support this legislation. one be necessary. However, after passage, this bill will move to the President for his Florida (Mr. PUTNAM), and the ranking Mr. Speaker, I yield back the balance approval. member, the gentleman from Texas of my time. Thank you in advance for your consider- (Mr. STENHOLM), for their assistance in ation of this request. Mr. PUTNAM. Mr. Speaker, I include seeing that this measure comes to the Sincerely, floor. I ask for their support and oth- in the RECORD jurisdiction-related let- BOB GOODLATTE, ters between the Committee on Agri- ers. Chairman. Mr. PUTNAM. Mr. Speaker, I have no culture and the Committee on Re- Mr. Speaker, I yield such time as he further speakers on this issue. We do sources regarding this legislation. may consume to the gentleman from thank the gentleman from Texas (Mr. HOUSE OF REPRESENTATIVES, Florida (Mr. MILLER), the sponsor of TENHOLM COMMITTEE ON RESOURCES, S ) and the rest of the minority the legislation. for their assistance in moving this leg- Washington, DC, November 19, 2003. Mr. MILLER of Florida. Mr. Speaker, Hon. BOB GOODLATTE, islation as quickly as we have. Committee on Agriculture, House of Representa- I thank my colleague, the gentleman Mr. Speaker, I yield back the balance tives, Washington, DC. from Florida (Mr. PUTNAM), from Polk of my time. County for yielding me this time. The SPEAKER pro tempore. The DEAR MR. CHAIRMAN: I understand that you Mr. Speaker, I too rise today in sup- wish to consider H.R. 482, on the Floor of the question is on the motion offered by House of Representatives today. This bill au- port of Senate Bill 117, the Florida Na- the gentleman from Florida (Mr. PUT- thorizes the Secretary of Agriculture to con- tional Forest Land Management Act of NAM) that the House suspend the rules vey several National Forest System parcels 2003. This legislation does allow the and pass the Senate bill, S. 117. in the State of Florida. The bill was referred State of Florida and the U.S. Depart- The question was taken; and (two- solely to the Committee on Agriculture. ment of Forestry to close the loop on a thirds having voted in favor thereof) However, a closer reading shows that 16 of patchwork of land that goes from the the rules were suspended and the Sen- the 17 parcels are located in the panhandle of Florida to the tip of the ate bill was passed. Choctawhatchee and Ocala National Forests, peninsula. A motion to reconsider was laid on which are forests created from the public do- In my district alone some of this land the table. main. Those forests are under the jurisdiction of the Committee on Resources under has transferred from the Forestry f Service to the Air Force and back to Rule X of the Rules of the House of Rep- GENERAL LEAVE resentatives. In addition, the bill waives a the Forestry Service again. In provision of the Federal Land Policy Man- Okaloosa County, 80 acres are cur- Mr. PUTNAM. Mr. Speaker, I ask agement Act, a statute also under Resources’ rently leased for the county fair- unanimous consent that all Members purview. grounds, complete with ball fields. This may have 5 legislative days within which to revise and extend their re- My staff has reviewed the bill and we have parcel is a parcel of land that the De- no problem with the substance. Because of partment of Forestry does not want or marks on S. 117. the limited number of days remaining in the need, but cannot convey unless this The SPEAKER pro tempore. Is there first session of the 108th Congress and the legislation is passed. objection to the request of the gen- importance of this bill to Congressman Jeff Under the Federal sites administra- tleman from Florida? Miller, I will not insist on a referral of the tion law, Congress can identify specific There was no objection. bill. Of course, this action does not waive our excess land that can be sold by the For- f jurisdiction over the bill, nor is this action to be construed as a precedent for other, estry Service and with the money ANNOUNCEMENT BY THE SPEAKER similar legislation. In addition, I would ask earned purchase State forest areas. PRO TEMPORE you to support my request to have the Com- This method has already been used in The SPEAKER pro tempore. Debate mittee on Resources to be represented on Texas, Mississippi, and in Virginia. For has been concluded on all motions to any conference on H.R. 482 or a similar bill, Florida, and, more specifically, my dis- suspend the rules. should one become necessary. Finally, I trict, this is a win-win. Okaloosa Coun- Pursuant to the provisions of clause 8 would include this letter and any response ty gets the land; the Department of of rule XX, the Chair will now put the you might have in the Congressional Record Forestry can use the money it receives during debate on H.R. 482. question on each motion to suspend the to purchase additional property. rules on which further proceedings Thank you for your consideration of my Under the legislation, which has been request. I appreciate our continued excellent were postponed in the order in which passed in the Senate and approved by that motion was entertained. working relationship on forest issues and the House Committee on Agriculture, look forward to working with you on other Votes will be taken in the following bills this Congress. the Secretary of Agriculture may so- order: Sincerely, licit offers for the sale or exchange of H. Con. Res. 288, by the yeas and RICHARD W. POMBO, the land or reject any offer received nays; Chairman. under this section if the Secretary de- H. Res. 393, by the yeas and nays;

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.155 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11593 H. Res. 423, by the yeas and nays; Hostettler Meek (FL) Ryun (KS) b 1847 Houghton Meeks (NY) Sabo H.R. 3140, by the yeas and nays. Hoyer Menendez Sanchez, Linda So (two-thirds having voted in favor Votes on S. 686 and S. 286 will be Hulshof Mica T. thereof) the rules were suspended and taken tomorrow. Hunter Michaud Sanchez, Loretta the concurrent resolution was agreed The first electronic vote will be con- Hyde Millender- Sanders Inslee McDonald Sandlin to. ducted as a 15-minute vote. The re- Israel Miller (FL) Saxton The result of the vote was announced maining votes in this series will be 5- Issa Miller (MI) Schakowsky as above recorded. minute votes. Istook Miller (NC) Schiff Jackson (IL) Miller, Gary Schrock A motion to reconsider was laid on f Jackson-Lee Miller, George Scott (GA) the table. (TX) Mollohan Scott (VA) Janklow Moore Sensenbrenner f HONORING SEEDS OF PEACE FOR Jefferson Moran (KS) Serrano ANNOUNCEMENT BY THE SPEAKER ITS PROMOTION OF UNDER- Jenkins Moran (VA) Sessions STANDING AMONG YOUTH FROM John Murphy Shadegg PRO TEMPORE Johnson (CT) Murtha REGIONS OF CONFLICT Shaw The SPEAKER pro tempore (Mr. Johnson (IL) Musgrave Shays The SPEAKER pro tempore. The Johnson, E. B. Myrick Sherman SIMPSON). Pursuant to clause 8 of rule pending business is the question of sus- Johnson, Sam Nadler Sherwood XX, the remainder of this series will be Jones (NC) Napolitano pending the rules and agreeing to the Shimkus conducted as 5-minute votes. Jones (OH) Neal (MA) Shuster concurrent resolution, H. Con. Res. 288. Kanjorski Nethercutt Simmons f The Clerk read the title of the con- Kaptur Neugebauer Simpson current resolution. Keller Ney Skelton COMMENDING AFGHAN WOMEN Kelly Northup Slaughter The SPEAKER pro tempore. The Kennedy (MN) Norwood FOR THEIR PARTICIPATION IN Smith (MI) AFGHAN GOVERNMENT AND question is on the motion offered by Kennedy (RI) Nunes Smith (NJ) the gentleman from Iowa (Mr. LEACH) Kildee Nussle Smith (TX) CIVIL SOCIETY Kilpatrick Oberstar Snyder that the House suspend the rules and Kind Obey The SPEAKER pro tempore. The Souder King (IA) Olver agree to the concurrent resolution, H. Spratt pending business is the question of sus- King (NY) Ortiz Con. Res. 288 on which the yeas and Stark pending the rules and agreeing to the Kingston Osborne Stearns nays are ordered. Kirk Ose resolution, H. Res. 393, as amended. Stenholm The vote was taken by electronic de- Kleczka Otter The Clerk read the title of the resolu- Strickland Kline Owens vice, and there were—yeas 415, nays 0, Stupak tion. Knollenberg Oxley not voting 19, as follows: Sweeney Kolbe Pallone The SPEAKER pro tempore. The Tancredo [Roll No. 641] Kucinich Pascrell question is on the motion offered by Tanner LaHood Pastor YEAS—415 Tauscher the gentlewoman from Florida (Ms. Lampson Paul ROS-LEHTINEN) that the House suspend Abercrombie Capito Eshoo Langevin Payne Tauzin Ackerman Capps Etheridge Lantos Pearce Taylor (MS) the rules and agree to the resolution, Aderholt Capuano Evans Larsen (WA) Pelosi Taylor (NC) H. Res. 393, as amended, on which the Akin Cardin Everett Larson (CT) Peterson (MN) Thompson (CA) yeas and nays are ordered. Alexander Cardoza Farr Latham Peterson (PA) Thompson (MS) Allen Carson (IN) Fattah LaTourette Petri Thornberry This is a 5-minute vote. Baca Carson (OK) Feeney Leach Pickering Tiahrt The vote was taken by electronic de- Bachus Carter Ferguson Lee Pitts Tiberi vice, and there were—yeas 414, nays 1, Baird Case Filner Tierney Levin Platts not voting 19, as follows: Baker Castle Flake Lewis (CA) Pombo Towns Baldwin Chabot Foley Lewis (GA) Pomeroy Turner (OH) [Roll No. 642] Ballance Chocola Forbes Lewis (KY) Porter Turner (TX) YEAS—414 Ballenger Clay Ford Linder Portman Udall (CO) Barrett (SC) Clyburn Fossella Lipinski Price (NC) Udall (NM) Abercrombie Brown (SC) Davis (TN) Bartlett (MD) Coble Frank (MA) LoBiondo Pryce (OH) Upton Ackerman Brown, Corrine Davis, Jo Ann Barton (TX) Cole Franks (AZ) Lofgren Putnam Van Hollen Aderholt Brown-Waite, Davis, Tom Bass Conyers Frelinghuysen Lowey Quinn Velazquez Akin Ginny Deal (GA) Beauprez Cooper Frost Lucas (KY) Radanovich Visclosky Alexander Burgess DeFazio Becerra Costello Gallegly Lucas (OK) Rahall Vitter Allen Burns DeGette Bell Cox Garrett (NJ) Lynch Ramstad Walden (OR) Baca Burr Delahunt Bereuter Cramer Gerlach Majette Rangel Walsh Bachus Burton (IN) DeLauro Berkley Crane Gilchrest Maloney Regula Wamp Baird Buyer DeLay Berman Crenshaw Gillmor Manzullo Rehberg Waters Baker Calvert Deutsch Berry Crowley Gingrey Markey Renzi Watson Baldwin Camp Diaz-Balart, L. Biggert Culberson Gonzalez Marshall Reyes Watt Ballance Cannon Diaz-Balart, M. Bilirakis Cummings Goode Matheson Reynolds Weiner Ballenger Cantor Dicks Bishop (GA) Cunningham Goodlatte Matsui Rodriguez Weldon (FL) Barrett (SC) Capito Dingell Bishop (UT) Davis (AL) Gordon McCarthy (MO) Rogers (AL) Weldon (PA) Bartlett (MD) Capps Doggett Blackburn Davis (CA) Goss McCarthy (NY) Rogers (KY) Weller Barton (TX) Capuano Dooley (CA) Blumenauer Davis (FL) Granger McCollum Rogers (MI) Wexler Bass Cardin Doolittle Blunt Davis (IL) Graves McCotter Rohrabacher Whitfield Beauprez Cardoza Doyle Boehlert Davis (TN) Green (TX) McCrery Ros-Lehtinen Wicker Becerra Carson (IN) Dreier Boehner Davis, Jo Ann Green (WI) McDermott Ross Wilson (NM) Bell Carson (OK) Duncan Bonilla Davis, Tom Greenwood McGovern Rothman Wilson (SC) Bereuter Carter Dunn Bonner Deal (GA) Grijalva McHugh Roybal-Allard Wolf Berkley Case Edwards Bono DeFazio Gutierrez McInnis Royce Woolsey Berman Castle Emanuel Boozman DeGette Gutknecht McIntyre Ruppersberger Wu Berry Chabot Emerson Boswell Delahunt Hall McKeon Rush Wynn Biggert Chocola Engel Boucher DeLauro Harman McNulty Ryan (OH) Young (AK) Bilirakis Clay English Boyd DeLay Harris Meehan Ryan (WI) Young (FL) Bishop (GA) Clyburn Eshoo Bradley (NH) Deutsch Hart Bishop (UT) Coble Etheridge Brady (PA) Diaz-Balart, L. Hastings (FL) NOT VOTING—19 Blackburn Cole Evans Brady (TX) Diaz-Balart, M. Hastings (WA) Blumenauer Conyers Everett Brown (OH) Dicks Hayes Andrews Gephardt Sullivan Blunt Cooper Farr Brown (SC) Dingell Hayworth Bishop (NY) Gibbons Terry Boehlert Costello Fattah Brown, Corrine Doggett Hefley Collins Hoeffel Thomas Boehner Cox Feeney Brown-Waite, Dooley (CA) Hensarling Cubin Isakson Toomey Bonilla Cramer Ferguson Ginny Doolittle Herger DeMint Pence Waxman Bonner Crane Filner Burgess Doyle Hill Ehlers Smith (WA) Bono Crenshaw Flake Burns Dreier Hinchey Fletcher Solis Boozman Crowley Foley Burr Duncan Hinojosa Boswell Culberson Forbes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Dunn Hobson Boucher Cummings Ford Buyer Edwards Hoekstra The SPEAKER pro tempore (Mr. Boyd Cunningham Fossella Calvert Emanuel Holden SIMPSON) (during the vote). Members Bradley (NH) Davis (AL) Frank (MA) Camp Emerson Holt Brady (PA) Davis (CA) Franks (AZ) Cannon Engel Honda are advised that 2 minutes remain in Brady (TX) Davis (FL) Frelinghuysen Cantor English Hooley (OR) this vote. Brown (OH) Davis (IL) Frost

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.157 H19PT1 H11594 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Gallegly Lofgren Rogers (MI) NOT VOTING—19 Brady (TX) Goodlatte McCarthy (MO) Garrett (NJ) Lowey Rohrabacher Brown (OH) Gordon McCarthy (NY) Andrews Gephardt Smith (WA) Gerlach Lucas (KY) Ros-Lehtinen Brown (SC) Goss McCollum Bishop (NY) Gibbons Sullivan Gilchrest Lucas (OK) Ross Brown, Corrine Granger McCotter Collins Hoeffel Thomas Gillmor Lynch Rothman Brown-Waite, Graves McCrery Cubin Isakson Gingrey Majette Toomey Ginny Green (TX) McDermott Roybal-Allard DeMint Johnson, Sam Gonzalez Maloney Waxman Burgess Green (WI) McGovern Royce Ehlers Pryce (OH) Goode Manzullo Burns Greenwood McHugh Ruppersberger Fletcher Smith (TX) Goodlatte Markey Rush Burr Grijalva McInnis Gordon Marshall Ryan (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Gutierrez McIntyre Goss Matheson Ryan (WI) The SPEAKER pro tempore (during Buyer Gutknecht McKeon Granger Matsui Ryun (KS) Calvert Hall McNulty Graves McCarthy (MO) Sabo the vote). Members are advised that 2 Camp Harman Meehan Green (TX) McCarthy (NY) Sanchez, Linda minutes remain in this vote. Cannon Harris Meek (FL) Green (WI) McCollum T. Cantor Hart Meeks (NY) Greenwood McCotter Sanchez, Loretta b 1854 Capito Hastings (FL) Menendez Grijalva McCrery Sanders Capps Hastings (WA) Mica Gutierrez McDermott Sandlin So (two-thirds having voted in favor Capuano Hayes Michaud Gutknecht McGovern Saxton thereof) the rules were suspended and Cardin Hayworth Millender- Hall McHugh Schakowsky Cardoza Hefley McDonald Harman McInnis the resolution, as amended, was agreed Schiff Carson (IN) Hensarling Miller (FL) Harris McIntyre to. Schrock Carson (OK) Herger Miller (MI) Hart McKeon Scott (GA) The result of the vote was announced Carter Hill Miller (NC) Hastings (FL) McNulty Case Hinchey Miller, Gary Hastings (WA) Meehan Scott (VA) as above recorded. Sensenbrenner Castle Hinojosa Miller, George Hayes Meek (FL) The title of the resolution was Chabot Hobson Mollohan Hayworth Meeks (NY) Serrano amended so as to read: ‘‘A resolution Sessions Chocola Hoekstra Moore Hefley Menendez commending Afghan women for their Clay Holden Moran (KS) Hensarling Mica Shadegg Shaw participation in Afghan government Clyburn Holt Moran (VA) Herger Michaud Coble Honda Murphy Hill Millender- Shays and civil society, encouraging the in- Sherman Cole Hooley (OR) Murtha Hinchey McDonald clusion of Afghan women in the polit- Conyers Musgrave Sherwood Hostettler Hinojosa Miller (FL) Cooper Houghton Myrick Shimkus ical and economic life of Afghanistan, Hobson Miller (MI) Costello Hoyer Nadler Shuster and advocating the protection of the Hoekstra Miller (NC) Cox Hulshof Napolitano Holden Miller, Gary Simmons human rights of all Afghans, particu- Cramer Hunter Neal (MA) Holt Miller, George Simpson larly women, in the Afghanistan Con- Crane Hyde Nethercutt Honda Mollohan Skelton Crenshaw Inslee Neugebauer Hooley (OR) Moore Slaughter stitution.’’. Crowley Israel Ney Hostettler Moran (KS) Smith (MI) A motion to reconsider was laid on Culberson Issa Northup Houghton Moran (VA) Smith (NJ) the table. Cummings Istook Norwood Hoyer Murphy Snyder Cunningham Jackson (IL) Nunes Hulshof Murtha Solis f Davis (AL) Jackson-Lee Nussle Hunter Musgrave Souder Davis (CA) (TX) Oberstar Hyde Myrick Spratt PERSONAL EXPLANATION Davis (FL) Janklow Obey Inslee Nadler Stark Davis (IL) Jefferson Olver Israel Napolitano Mr. WAXMAN. Mr. Speaker, I ask Stearns Davis (TN) Jenkins Ortiz Issa Neal (MA) Stenholm that the RECORD reflect that had I been Istook Nethercutt Davis, Jo Ann John Osborne Strickland able to be here, I would have voted Davis, Tom Johnson (CT) Ose Jackson (IL) Neugebauer Stupak Jackson-Lee Ney ‘‘yea’’ on H. Con. Res. 288 and H. Res. Deal (GA) Johnson (IL) Otter Sweeney DeFazio Johnson, E. B. Owens (TX) Northup Tancredo 393. Janklow Norwood DeGette Jones (NC) Oxley Tanner Delahunt Jones (OH) Pallone Jefferson Nunes Tauscher f Jenkins Nussle DeLauro Kanjorski Pascrell Tauzin John Oberstar DeLay Kaptur Pastor Taylor (MS) RECOGNIZING THE 5TH ANNIVER- Johnson (CT) Obey Deutsch Kelly Payne Taylor (NC) SARY OF THE SIGNING OF THE Johnson (IL) Olver Diaz-Balart, L. Kennedy (MN) Pearce Terry Johnson, E. B. Ortiz INTERNATIONAL RELIGIOUS Diaz-Balart, M. Kennedy (RI) Pelosi Thompson (CA) Jones (NC) Osborne Dicks Kildee Pence Thompson (MS) FREEDOM ACT OF 1998 Jones (OH) Ose Dingell Kilpatrick Peterson (MN) Thornberry Kanjorski Otter The SPEAKER pro tempore. The Doggett Kind Peterson (PA) Tiahrt Kaptur Owens Dooley (CA) King (IA) Petri Tiberi pending business is the question of sus- Keller Oxley Doolittle King (NY) Pickering Tierney pending the rules and agreeing to the Kelly Pallone Doyle Kingston Pitts Kennedy (MN) Pascrell Towns resolution, H. Res. 423, as amended. Dreier Kirk Platts Kennedy (RI) Pastor Turner (OH) The Clerk read the title of the resolu- Duncan Kleczka Pombo Kildee Payne Turner (TX) Dunn Kline Pomeroy Udall (CO) tion. Edwards Knollenberg Porter Kilpatrick Pearce The SPEAKER pro tempore. The Kind Pelosi Udall (NM) Emanuel Kolbe Portman King (IA) Pence Upton question is on the motion offered by Emerson Kucinich Price (NC) King (NY) Peterson (MN) Van Hollen the gentleman from New Jersey (Mr. Engel LaHood Pryce (OH) Velazquez English Lampson Putnam Kingston Peterson (PA) SMITH) that the House suspend the Kirk Petri Visclosky Eshoo Langevin Quinn Kleczka Pickering Vitter rules and agree to the resolution, H. Etheridge Lantos Radanovich Kline Pitts Walden (OR) Res. 423, as amended, on which the yeas Evans Larsen (WA) Rahall Knollenberg Platts Walsh and nays are ordered. Everett Larson (CT) Ramstad Wamp Farr Latham Rangel Kolbe Pombo This will be a 5-minute vote. Kucinich Pomeroy Waters Fattah LaTourette Regula LaHood Porter Watson The vote was taken by electronic de- Feeney Leach Rehberg Lampson Portman Watt vice, and there were—yeas 416, nays 1, Ferguson Lee Renzi Filner Levin Reyes Langevin Price (NC) Weiner not voting 17, as follows: Lantos Putnam Weldon (FL) Flake Lewis (CA) Reynolds Larsen (WA) Quinn Weldon (PA) [Roll No. 643] Foley Lewis (GA) Rodriguez Forbes Lewis (KY) Rogers (AL) Larson (CT) Radanovich Weller YEAS—416 Latham Rahall Wexler Ford Linder Rogers (KY) LaTourette Ramstad Whitfield Abercrombie Bartlett (MD) Blackburn Fossella Lipinski Rogers (MI) Leach Rangel Wicker Ackerman Barton (TX) Blumenauer Frank (MA) LoBiondo Rohrabacher Lee Regula Wilson (NM) Aderholt Bass Blunt Franks (AZ) Lofgren Ros-Lehtinen Levin Rehberg Wilson (SC) Akin Beauprez Boehlert Frelinghuysen Lowey Ross Lewis (CA) Renzi Wolf Alexander Becerra Boehner Frost Lucas (KY) Rothman Lewis (GA) Reyes Woolsey Allen Bell Bonilla Gallegly Lucas (OK) Roybal-Allard Lewis (KY) Reynolds Wu Baca Bereuter Bonner Garrett (NJ) Lynch Royce Linder Rodriguez Wynn Bachus Berkley Bono Gerlach Majette Ruppersberger Lipinski Rogers (AL) Young (AK) Baird Berman Boozman Gibbons Maloney Rush LoBiondo Rogers (KY) Young (FL) Baker Berry Boswell Gilchrest Manzullo Ryan (OH) Baldwin Biggert Boucher Gillmor Markey Ryan (WI) NAYS—1 Ballance Bilirakis Boyd Gingrey Marshall Ryun (KS) Ballenger Bishop (GA) Bradley (NH) Gonzalez Matheson Sanchez, Linda Paul Barrett (SC) Bishop (UT) Brady (PA) Goode Matsui T.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.112 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11595 Sanchez, Loretta Solis Upton Bradley (NH) Graves McDermott Schiff Strickland Visclosky Sanders Souder Van Hollen Brady (PA) Green (TX) McGovern Scott (GA) Stupak Vitter Sandlin Spratt Velazquez Brady (TX) Green (WI) McHugh Scott (VA) Sweeney Walden (OR) Saxton Stark Visclosky Brown (OH) Greenwood McInnis Sensenbrenner Tancredo Walsh Schakowsky Stearns Vitter Brown (SC) Grijalva McIntyre Serrano Tanner Wamp Schiff Stenholm Walden (OR) Brown, Corrine Gutierrez McKeon Sessions Tauscher Waters Schrock Strickland Walsh Brown-Waite, Hall McNulty Shaw Tauzin Watson Scott (GA) Stupak Wamp Ginny Harman Meehan Shays Taylor (MS) Watt Scott (VA) Sweeney Waters Burgess Harris Meek (FL) Sherman Taylor (NC) Waxman Sensenbrenner Tancredo Watson Burns Hart Meeks (NY) Sherwood Terry Weiner Serrano Tanner Watt Shimkus Thomas Burr Hastings (FL) Menendez Weldon (FL) Sessions Tauscher Waxman Shuster Thompson (CA) Burton (IN) Hastings (WA) Mica Weldon (PA) Shadegg Tauzin Weiner Simmons Thompson (MS) Buyer Hayes Michaud Weller Shaw Taylor (MS) Weldon (FL) Simpson Thornberry Calvert Hayworth Millender- Wexler Shays Taylor (NC) Weldon (PA) Camp McDonald Skelton Tiahrt Hefley Whitfield Sherman Terry Weller Cannon Hensarling Miller (FL) Slaughter Tiberi Wicker Sherwood Thompson (CA) Wexler Cantor Herger Miller (MI) Smith (NJ) Tierney Wilson (NM) Shimkus Thompson (MS) Whitfield Capito Hill Miller (NC) Smith (TX) Towns Wilson (SC) Shuster Thornberry Wicker Capps Hinchey Miller, Gary Snyder Turner (OH) Wolf Simmons Tiahrt Wilson (NM) Capuano Hinojosa Miller, George Solis Turner (TX) Woolsey Simpson Tiberi Wilson (SC) Cardin Hobson Mollohan Souder Udall (CO) Skelton Tierney Wolf Carson (IN) Holden Moore Spratt Udall (NM) Wu Slaughter Towns Woolsey Carson (OK) Holt Moran (VA) Stark Upton Wynn Smith (MI) Turner (OH) Wu Carter Honda Murphy Stearns Van Hollen Young (AK) Smith (NJ) Turner (TX) Wynn Case Hooley (OR) Murtha Stenholm Velazquez Young (FL) Smith (TX) Udall (CO) Young (AK) Castle Hostettler Musgrave NAYS—12 Snyder Udall (NM) Young (FL) Chabot Houghton Myrick Berry Franks (AZ) Paul NAYS—1 Chocola Hoyer Nadler Clay Hulshof Napolitano Davis, Jo Ann Gutknecht Schrock Paul Clyburn Hunter Neal (MA) Etheridge Hoekstra Shadegg Flake Moran (KS) Smith (MI) NOT VOTING—17 Coble Hyde Nethercutt Cole Inslee Neugebauer NOT VOTING—16 Andrews Fletcher Sabo Conyers Israel Ney Bishop (NY) Gephardt Smith (WA) Cooper Issa Northup Andrews DeMint Johnson, Sam Collins Hoeffel Sullivan Costello Istook Norwood Bishop (NY) Ehlers Smith (WA) Cubin Isakson Thomas Cramer Jackson (IL) Nunes Cardoza Fletcher Sullivan DeMint Johnson, Sam Toomey Crane Jackson-Lee Nussle Collins Gephardt Toomey Ehlers Keller Crenshaw (TX) Oberstar Cox Hoeffel Crowley Janklow Obey Cubin Isakson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Culberson Jefferson Olver ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (during Cummings Jenkins Ortiz the vote). Members are advised that 2 Cunningham John Osborne The SPEAKER pro tempore (Mr. minutes remain in this vote. Davis (AL) Johnson (CT) Ose GINGREY) (during the vote). Two min- Davis (CA) Johnson (IL) Otter utes remain in this vote. b 1902 Davis (FL) Johnson, E. B. Owens Davis (IL) Jones (NC) Oxley b 1910 Davis (TN) Jones (OH) Pallone So (two-thirds having voted in favor So (two-thirds having voted in favor thereof) the rules were suspended and Davis, Tom Kanjorski Pascrell Deal (GA) Kaptur Pastor thereof) the rules were suspended and the resolution, as amended, was agreed DeFazio Keller Payne the bill, as amended, was agreed to. DeGette Kelly Pearce to. The result of the vote was announced The result of the vote was announced Delahunt Kennedy (MN) Pelosi DeLauro Kennedy (RI) Pence as above recorded. as above recorded. DeLay Kildee Peterson (MN) A motion to reconsider was laid on A motion to reconsider was laid on Deutsch Kilpatrick Peterson (PA) the table. the table. Diaz-Balart, L. Kind Petri Diaz-Balart, M. King (IA) Pickering f f Dicks King (NY) Pitts Dingell Kingston Platts REMOVAL OF NAME OF MEMBER FAIRNESS TO CONTACT LENS Doggett Kirk Pombo AS COSPONSOR OF H.R. 1078 Dooley (CA) Kleczka Pomeroy CONSUMERS ACT Doolittle Kline Porter Mr. BARRETT of South Carolina. The SPEAKER pro tempore (Mr. Doyle Knollenberg Portman Mr. Speaker, I ask unanimous consent Dreier Kolbe Price (NC) that my name be removed as cosponsor SIMPSON). The pending business is the Duncan Kucinich Pryce (OH) question of suspending the rules and Dunn LaHood Putnam of H.R. 1078. passing the bill, H.R. 3140, as amended. Edwards Lampson Quinn The SPEAKER pro tempore. Is there Emanuel Langevin Radanovich objection to the request of the gen- The Clerk read the title of the bill. Emerson Lantos Rahall The SPEAKER pro tempore. The Engel Larsen (WA) Ramstad tleman from South Carolina? question is on the motion offered by English Larson (CT) Rangel There was no objection. the gentleman from North Carolina Eshoo Latham Regula f Evans LaTourette Rehberg (Mr. BURR) that the House suspend the Everett Leach Renzi MAKING IN ORDER AT ANY TIME rules and pass the bill, H.R. 3140, as Farr Lee Reyes CONSIDERATION OF H.R. 253, TWO amended, on which the yeas and nays Fattah Levin Reynolds Feeney Lewis (CA) Rodriguez FLOODS AND YOU ARE OUT OF are ordered. Ferguson Lewis (GA) Rogers (AL) THE TAXPAYERS’ POCKET ACT This will be a 5-minute vote. Filner Lewis (KY) Rogers (KY) OF 2003 The vote was taken by electronic de- Foley Linder Rogers (MI) vice, and there were—yeas 406, nays 12, Forbes Lipinski Rohrabacher Mr. FOLEY (during debate on motion Ford LoBiondo Ros-Lehtinen not voting 16, as follows: to instruct on H.R. 1). Mr. Speaker, I Fossella Lofgren Ross ask unanimous consent that it shall be [Roll No. 644] Frank (MA) Lowey Rothman Frelinghuysen Lucas (KY) Roybal-Allard in order at any time without interven- YEAS—406 Frost Lucas (OK) Royce tion of any point of order to consider in Abercrombie Barrett (SC) Bishop (UT) Gallegly Lynch Ruppersberger the House the bill H.R. 253; the bill Ackerman Bartlett (MD) Blackburn Garrett (NJ) Majette Rush Aderholt Barton (TX) Blumenauer Gerlach Maloney Ryan (OH) shall be considered as read for amend- Akin Bass Blunt Gibbons Manzullo Ryan (WI) ment; in lieu of the amendment rec- Alexander Beauprez Boehlert Gilchrest Markey Ryun (KS) ommended by the Committee on Fi- Allen Becerra Boehner Gillmor Marshall Sabo Baca Bell Bonilla Gingrey Matheson Sanchez, Linda nancial Services now printed in the Bachus Bereuter Bonner Gonzalez Matsui T. bill, an amendment in the nature of a Baird Berkley Bono Goode McCarthy (MO) Sanchez, Loretta substitute and numbered one printed in Baker Berman Boozman Goodlatte McCarthy (NY) Sanders the CONGRESSIONAL RECORD of Novem- Baldwin Biggert Boswell Gordon McCollum Sandlin Ballance Bilirakis Boucher Goss McCotter Saxton ber 19, 2003, shall be considered as Ballenger Bishop (GA) Boyd Granger McCrery Schakowsky adopted; the previous question shall be

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.113 H19PT1 H11596 CONGRESSIONAL RECORD — HOUSE November 19, 2003 considered as ordered on the bill, as ‘‘(1) SINGLE-FAMILY PROPERTIES.—In the contributions, any salary paid to staff to amended, and on any further amend- case of a property consisting of one to four carry out the eligible activities of the recipi- ment thereto to final passage without residences, such term means a property ent, the value of the time and services con- that— tributed by volunteers to carry out such ac- intervening motion except: ‘‘(A) is covered under a contract for flood (1) one hour of debate on the bill, as tivities (at a rate determined by the Direc- insurance made available under this title; tor), and the value of any donated material amended, equally divided and con- and or building and the value of any lease on a trolled by the chairman and ranking ‘‘(B) has incurred flood-related damage— building. minority member of the Committee on ‘‘(i) for which four or more separate claims ‘‘(e) STANDARDS FOR MITIGATION OFFERS.— Financial Services; payments have been made under flood insur- The program under this section for providing (2) a further amendment in the na- ance coverage under this title before the assistance for eligible activities for severe ture of a substitute now at the desk, if date of the enactment of the Flood Mitiga- repetitive loss properties shall be subject to offered by the gentleman from Lou- tion Reform Act of 2003, with the amount of the following limitations: each such claim exceeding $5,000, and with ‘‘(1) PRIORITY.—In determining the prop- isiana (Mr. BAKER) or his designee, the cumulative amount of such claims pay- which shall be in order without inter- erties for which to provide assistance for eli- ments exceeding $20,000; gible activities under subsection (c), the Di- vention of any point of order, shall be ‘‘(ii) for which four or more separate rector shall provide assistance for properties considered as read, and shall be sepa- claims payments have been made under flood in the order that will result in the greatest rately debatable for 30 minutes equally insurance coverage under this title after the amount of savings to the National Flood In- divided and controlled by the pro- date of the enactment of the Flood Mitiga- surance Fund in the shortest period of time. tion Reform Act of 2003, with the amount of ponent and an opponent; and ‘‘(2) OFFERS.—The Director shall provide (3) one motion to recommit with or each such claim exceeding $3,000, and with assistance in a manner that permits States the cumulative amount of such claims pay- without instructions. and communities to make offers to owners of ments exceeding $15,000; or severe repetitive loss properties to take eli- Further, that the amendment placed ‘‘(iii) for which at least two separate at the desk be considered as read for gible activities under subsection (c) as soon claims payments have been made under such as is practicable. purposes of this unanimous consent re- coverage, with the cumulative amount of ‘‘(3) FUNDING REQUIREMENT.—An offer to quest. such claims exceeding the value of the prop- provide assistance for any eligible activity The text of the amendment in the na- erty. under subsection (c) with respect to a prop- ‘‘(2) MULTIFAMILY PROPERTIES.—In the case ture of a substitute is as follows: erty may not be made unless adequate of a property consisting of five or more resi- AMENDMENT IN THE NATURE OF A SUBSTITUTE amounts are available in the National Flood dences, such term shall have such meaning TO H.R. 253, AS REPORTED, OFFERED BY MR. Insurance Fund pursuant to subsection (h) as the Director shall by regulation provide. BAKER OF LOUISIANA for the full amount of the portion of such as- ‘‘(c) ELIGIBLE ACTIVITIES.—Amounts pro- Strike all after the enacting clause and in- vided under this section to a State or com- sistance for such property to be provided by sert the following: munity may be used only for the following the Director. SECTION 1. SHORT TITLE. activities: ‘‘(4) NOTICE.—Upon making an offer to pro- This Act may be cited as the ‘‘Flood Miti- ‘‘(1) MITIGATION ACTIVITIES.—To carry out vide assistance with respect to a property for gation Reform Act of 2003’’. mitigation activities that reduce flood dam- any eligible activity under subsection (c), SEC. 2. EXTENSION OF PROGRAM AND CONSOLI- ages to severe repetitive loss properties, in- the State or community shall notify each DATION OF AUTHORIZATIONS. cluding elevation, relocation, demolition holder of a recorded interest on the property The National Flood Insurance Act of 1968 is (with or without reconstruction of the struc- of such offer and activity. amended as follows: ture in a floodproof manner), and ‘‘(f) PURCHASE PRICE.—A State or commu- (1) BORROWING AUTHORITY.—In the first sen- floodproofing of structures, and minor phys- nity may take action under subsection (c)(2) tence of section 1309(a) (42 U.S.C. 4016(a)), by ical localized flood control projects. to purchase a severe repetitive loss property striking ‘‘through December’’ and all that ‘‘(2) PURCHASE.—To purchase severe repet- only if the amount of purchase offer is not follows through ‘‘, and’’ and inserting the itive loss properties, subject to subsection less than the greatest of— following: ‘‘through the date specified in sec- (f). ‘‘(1) the amount of the original purchase tion 1319, and’’. ‘‘(d) MATCHING REQUIREMENT.— price of the property, when purchased by the (2) AUTHORITY FOR CONTRACTS.—In section ‘‘(1) IN GENERAL.—Except as provided in holder of the current policy of flood insur- 1319 (42 U.S.C. 4026), by striking ‘‘after’’ and paragraph (2), the Director may not provide ance under this title; all that follows and inserting ‘‘after Sep- assistance under this section to a State or ‘‘(2) the total amount owed, at the time tember 30, 2008.’’. community in an amount exceeding 3 times the offer to purchase is made, under any loan (3) EMERGENCY IMPLEMENTATION.—In sec- the amount that the State or community secured by a recorded interest on the prop- tion 1336(a) (42 U.S.C. 4056(a)), by striking certifies, as the Director shall require, that erty; and ‘‘during the period’’ and all that follows the State or community will contribute from ‘‘(3) an amount equal to the fair market through ‘‘in accordance’’ and inserting ‘‘dur- non-Federal funds for carrying out the eligi- value of the property immediately before the ing the period ending on the date specified in ble activities to be funded with such assist- most recent flood event affecting the prop- section 1319, in accordance’’. ance amounts. erty. (4) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(2) WAIVER.— ‘‘(g) INCREASED PREMIUMS IN CASES OF RE- STUDIES.—In section 1376(c) (42 U.S.C. ‘‘(A) AUTHORITY.—Subject to subparagraph FUSAL TO MITIGATE.— 4127(c)), by striking ‘‘through’’ and all that (B), the Director may waive the limitation ‘‘(1) IN GENERAL.—In any case in which the follows and inserting the following: ‘‘through under paragraph (1) for any State, and for owner of a severe repetitive loss property re- the date specified in section 1319, for studies the communities located in that State, with fuses an offer to take action under paragraph under this title.’’. respect to a year, if, for such year— (1) or (2) of subsection (c) with respect to SEC. 3. ESTABLISHMENT OF PILOT PROGRAM ‘‘(i) 5 percent or more of the total number such property, the Director shall— FOR MITIGATION OF SEVERE REPET- of severe repetitive loss properties in the ‘‘(A) notify each holder of a recorded inter- ITIVE LOSS PROPERTIES. United States are located in such State; and est on the property of such refusal; and (a) IN GENERAL.—The National Flood In- ‘‘(ii) the State submits a plan to the Direc- ‘‘(B) notwithstanding subsections (a) surance Act of 1968 is amended by inserting tor specifying how the State intends to re- through (c) of section 1308, thereafter the after section 1361 (42 U.S.C. 4102) the fol- duce the number of severe repetitive loss chargeable premium rate with respect to the lowing new section: properties and the Director determines, after property shall be the amount equal to 150 ‘‘PILOT PROGRAM FOR MITIGATION OF SEVERE consultation with State and technical ex- percent of the chargeable rate for the prop- REPETITIVE LOSS PROPERTIES perts, that the State has taken actions to re- erty at the time that the offer was made, as ‘‘SEC. 1362. (a) AUTHORITY.—To the extent duce the number of such properties. adjusted by any other premium adjustments amounts are made available for use under ‘‘(B) LIMITATION.—In each waiver under otherwise applicable to the property and any this section, the Director may, subject to the subparagraph (A), the Director may waive subsequent increases pursuant to paragraph limitations of this section, provide financial the limitation under paragraph (1) only to (2) and subject to the limitation under para- assistance to States and communities for the extent that the State or community in- graph (3). taking actions with respect to severe repet- volved is required to contribute, for each se- ‘‘(2) INCREASED PREMIUMS UPON SUBSEQUENT itive loss properties (as such term is defined vere repetitive loss property for which grant FLOOD DAMAGE.—Notwithstanding sub- in subsection (b)) to mitigate flood damage amounts are provided, not less than 10 per- sections (a) through (c) of section 1308, if the to such properties and losses to the National cent of the cost of the activities for such owner of a severe repetitive loss property Flood Insurance Fund from such properties. properties that are to be funded with grant does not accept an offer to take action under ‘‘(b) SEVERE REPETITIVE LOSS PROPERTY.— amounts. paragraph (1) or (2) of subsection (c) with re- For purposes of this section, the term ‘severe ‘‘(3) NON-FEDERAL FUNDS.—For purposes of spect to such property and a claim payment repetitive loss property’ has the following this subsection, the term ‘non-Federal funds’ exceeding $1,500 is made under flood insur- meaning: includes State or local agency funds, in-kind ance coverage under this title for damage to

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.168 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11597 the property caused by a flood event occur- make a determination of how much to re- (notwithstanding subsections (a)(2), (b)(B), ring after such offer is made, thereafter the duce the chargeable risk premium rate for and (d)(3) of such section).’’. chargeable premium rate with respect to the flood insurance coverage for the property in- (b) AVAILABILITY OF NATIONAL FLOOD IN- property shall be the amount equal to 150 volved in the appeal from the amount re- SURANCE FUND AMOUNTS.—Section 1310(a) of percent of the chargeable rate for the prop- quired under paragraph (1)(B) or (2) and the the National Flood Insurance Act of 1968 (42 erty at the time of such flood event, as ad- Director shall promptly reduce the charge- U.S.C. 4017(a)) is amended— justed by any other premium adjustments able risk premium rate for such property by (1) in paragraph (7), by striking ‘‘and’’ at otherwise applicable to the property and any such amount; and the end; and subsequent increases pursuant to this para- ‘‘(ii) if a final determination is made that (2) by striking paragraph (8) and inserting graph and subject to the limitation under the grounds under subparagraph (A) do not the following new paragraph: paragraph (3). exist, the Director shall promptly increase ‘‘(8) for financial assistance under section ‘‘(3) LIMITATION ON INCREASED PREMIUMS.— the chargeable risk premium rate for such 1362 to States and communities for taking In no case may the chargeable premium rate property to the amount established pursuant actions under such section with respect to for a severe repetitive loss property be in- to paragraph (1)(B) or (2), as applicable, and severe repetitive loss properties, but only to creased pursuant to this subsection to an shall collect from the property owner the the extent provided in section 1362(i); and’’. amount exceeding the applicable estimated amount necessary to cover the stay of the (c) INAPPLICABILITY OF ANNUAL LIMITA- TIONS ON PREMIUM INCREASES IN CASES OF RE- risk premium rate for the area (or subdivi- applicability of such increased rates during FUSAL TO MITIGATE.—Section 1308(e) of the sion thereof) under section 1307(a)(1). the pendency of the appeal. National Flood Insurance Act of 1968 (42 ‘‘(4) TREATMENT OF DEDUCTIBLES.—Any in- ‘‘(D) COSTS.—If the third party hearing an U.S.C. 4015(e)) is amended by striking ‘‘Not- crease in chargeable premium rates required appeal under this paragraph is compensated withstanding’’ and inserting ‘‘Except with under this subsection for a severe repetitive for such service, the costs of such compensa- loss property may be carried out, to the ex- respect to any increase pursuant to section tion shall be borne— 1362(g) and notwithstanding’’. tent appropriate, as determined by the Di- ‘‘(i) by the owner of the property request- rector, by adjusting any deductible charged (d) GAO STUDY.— ing the appeal, if the final determination in (1) IN GENERAL.—The Comptroller General in connection with flood insurance coverage the appeal is that the grounds under sub- under this title for the property. of the United States shall carry out a study paragraph (A) do not exist; and of the pilot program for mitigation of severe ‘‘(5) NOTICE OF CONTINUED OFFER.—Upon ‘‘(ii) by the National Flood Insurance each renewal or modification of any flood in- repetitive loss properties established under Fund, if such final determination is that the the amendments made by this section. Such surance coverage under this title for a severe grounds under subparagraph (A) do exist. repetitive loss property, the Director shall study shall determine— ‘‘(E) REPORT.—Not later than 6 months (A) the number of properties for which notify the owner that the offer made pursu- after the date of the enactment of the Flood ant to subsection (c) is still open. mitigation activities have been conducted Mitigation Reform Act of 2003, the Director under the program; ‘‘(6) APPEALS.— shall submit a report to the House of Rep- ‘‘(A) IN GENERAL.—Any owner of a severe (B) the amount of savings to the National resentatives and the Senate describing the Flood Insurance Program as a result of the repetitive loss property may appeal a deter- rules, procedures, and administration for ap- mination of the Director to take action program; peals under this paragraph. under paragraph (1)(B) or (2) with respect to (C) the number of property owners to ‘‘(h) DISCRETIONARY ACTIONS IN CASES OF whom offers were made for mitigation ac- such property, based only upon the following FRAUDULENT CLAIMS.—If the Director deter- grounds: tivities under the program that initially re- mines that a fraudulent claim was made fused such offers; and ‘‘(i) As a result of such action, the owner of under flood insurance coverage under this the property will not be able to purchase a (D) the number of owners referred to in title for a severe repetitive loss property, the subparagraph (C) that eventually accepted replacement primary residence of com- Director may— such offers. parable value and that is functionally equiv- ‘‘(1) cancel the policy and deny the provi- alent. (2) REPORT.—Not later than Oct. 31, 2006, sion to such policyholder of any new flood the Comptroller General shall submit a re- ‘‘(ii) As a result of such action, the preser- insurance coverage under this title for the vation or maintenance of any prehistoric or port to the Congress regarding the results of property; or the study. historic district, site, building, structure, or ‘‘(2) refuse to renew the policy with such object included in, or eligible for inclusion SEC. 4. AMENDMENTS TO EXISTING FLOOD MITI- policyholder upon expiration and deny the GATION ASSISTANCE PROGRAM. in, the National Register of historic places provision of any new flood insurance cov- will be interfered with, impaired, or dis- (a) STANDARD FOR APPROVAL OF MITIGATION erage under this title to such policyholder rupted. PLANS.—Section 1366(e)(3) of the National for the property. ‘‘(iii) The flooding that resulted in the Flood Insurance Act of 1968 (42 U.S.C. 4104(c) ‘‘(i) FUNDING.—Pursuant to section is amended by adding at the end the fol- flood insurance claims sufficient for the 1310(a)(8), the Director may use amounts property to be classified as a severe repet- lowing new sentence: ‘‘The Director may ap- from the National Flood Insurance Fund to prove only mitigation plans that give pri- itive loss property resulted from significant provide assistance under this section each of actions by a third party in violation of Fed- ority for funding to such properties, or to fiscal years 2004, 2005, and 2006. The amount such subsets of properties, as are in the best eral, State, or local law, ordinance, or regu- so used in each such fiscal year may not ex- lation. interest of the National Flood Insurance ceed $40,000,000 and shall remain available for Fund.’’. ‘‘(iv) In purchasing the property, the owner such purpose until expended or the expira- relied upon flood insurance rate maps of the (b) PRIORITY FOR MITIGATION ASSISTANCE.— tion of the 3-year period under subsection (j), Section 1366(e) of the National Flood Insur- Federal Emergency Management Agency whichever occurs first. After the expiration that were current at the time and did not in- ance Act of 1968 (42 U.S.C. 4104c) is amended of such 3-year period, the Director may use by striking paragraph (4) and inserting the dicate that the property was located in an amounts from such Fund to provide assist- following new paragraph: area having special flood hazards. ance in connection with any outstanding of- ‘‘(4) PRIORITY FOR MITIGATION ASSISTANCE.— ‘‘(B) PROCEDURE.—An appeal under this fers for eligible activities under this section. In providing grants under this subsection for paragraph of a determination of the Director Notwithstanding any other provision of this mitigation activities, the Director shall give shall be made by filing, with the Director, a title, amounts made available pursuant to first priority for funding to such properties, request for an appeal within 90 days after re- this subsection shall not be subject to offset- or to such subsets of such properties as the ceiving notice of such determination. Upon ting collections through premium rates for Director may establish, that the Director de- receiving the request, the Director shall se- flood insurance coverage under this title. termines are in the best interests of the Na- lect, from a list of independent third parties ‘‘(j) TERMINATION.—The Director may not tional Flood Insurance Fund and for which compiled by the Director for such purpose, a provide assistance under this section to any matching amounts under subsection (f) are party to hear such appeal. Within 90 days State or community for carrying out eligible available.’’. after filing of the request for the appeal, activities under this section pursuant to an (c) COORDINATION WITH STATES AND COMMU- such third party shall review the determina- offer for such activities made after the expi- NITIES.—Section 1366 of the National Flood tion of the Director and shall set aside such ration of the 3-year period beginning on the Insurance Act of 1968 (42 U.S.C. 4104c) is determination if the third party determines date of the enactment of the Flood Mitiga- amended by adding at the end the following that the grounds under subparagraph (A) tion Reform Act of 2003. new subsection: exist. During the pendency of an appeal ‘‘(k) REGULATIONS.—The Director shall ‘‘(m) COORDINATION WITH STATES AND COM- under this paragraph, the Director shall stay issue regulations to carry out this section, MUNITIES.—The Director shall, in consulta- the applicability of the rates established pur- which shall take effect not later than the ex- tion and coordination with States and com- suant to paragraph (1)(B) or (2), as applica- piration of the 180-day period beginning on munities take such actions as are appro- ble. the date of the enactment of the Flood Miti- priate to encourage and improve participa- ‘‘(C) EFFECT OF FINAL DETERMINATION.—In gation Reform Act of 2003. The regulations tion in the national flood insurance program an appeal under this paragraph— shall be issued after notice and opportunity of owners of properties, including owners of ‘‘(i) if a final determination is made that for public comment in accordance with the properties that are not located in areas hav- the grounds under subparagraph (A) exist, procedure under section 553 of title 5, United ing special flood hazards but are located the third party hearing such appeal shall States Code, applicable to substantive rules within the 100-year floodplain.’’.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.115 H19PT1 H11598 CONGRESSIONAL RECORD — HOUSE November 19, 2003 (d) FUNDING.—Section 1367(b) of the Na- The SPEAKER pro tempore (Mr. the bill H.R. 2989 be instructed to recede tional Flood Insurance Act of 1968 (42 U.S.C. GINGREY). Is there objection to the re- from disagreement with Senate Amendment 4104d(b)) is amended by striking paragraph quest of the gentleman from Florida? 1928 (relating to the provision of $1,500,000,000 (1) and inserting the following new para- Mr. FRANK of Massachusetts. Mr. for grants to assist State and local efforts to graph: improve election technology and the admin- ‘‘(1) in each fiscal year, amounts from the Speaker, reserving the right to object, istration of Federal elections, as authorized National Flood Insurance Fund not exceed- I just want to say that this unanimous- by the Help America Vote Act of 2002). ing $40,000,000; consent agreement reflects a very co- f SEC. 5. FEMA AUTHORITY TO FUND MITIGATION operative agreement between the ma- ACTIVITIES FOR INDIVIDUAL PROP- jority and the minority. We have had a PERSONAL EXPLANATION ERTIES. chance to go over all this. It is an Ms. JACKSON-LEE of Texas. Mr. (a) IN GENERAL.—Chapter I of the National agreed upon procedure. We have even Flood Insurance Act of 1968 (42 U.S.C. 4011 et Speaker, I was unavoidably detained in seq.) is amended by adding at the end the fol- had a chance to read the bill. And so my district yesterday, but if I had been lowing new section: because this is such a contrast to the here I would have voted in the fol- ‘‘GRANTS FOR MITIGATION ACTIONS FOR Medicare bill and the way it has been lowing way: On rollcall vote 628, on or- CERTAIN INDIVIDUAL PROPERTIES handled, I do not object. dering the previous question, I would ‘‘SEC. 1323. (a) IN GENERAL.—The Director Mr. Speaker, I withdraw my reserva- have voted ‘‘nay;’’ on rollcall vote 629, may provide funding for mitigation actions tion of objection. on agreeing to H. Res. 443, I would have that reduce flood damages to individual The SPEAKER pro tempore. Is there voted ‘‘no;’’ on rollcall vote 630, H.R. 6, properties for which one or more claim pay- objection to the request of the gen- I would have voted ‘‘yea;’’ on rollcall ments for losses have been made under flood tleman from Florida? vote 631, on agreeing to the energy and insurance coverage under this title, but only There was no objection. if the Director determines that— water conference report, I would have ‘‘(1) such activities are in the best interest f voted ‘‘aye;’’ on rollcall vote 632, H.R. of the National Flood Insurance Fund; and ANNOUNCEMENT OF INTENTION TO 1274, I would have voted ‘‘aye;’’ and on ‘‘(2) such activities can not be funded OFFER MOTION TO INSTRUCT rollcall vote 633, on the motion to in- under the program under section 1366 be- CONFEREES ON H.R. 1, MEDI- struct conferees on H.R. 2417, I would cause— have voted ‘‘aye.’’ ‘‘(A) the requirements of section 1366(g) are CARE PRESCRIPTION DRUG AND not being met by the State or community in MODERNIZATION ACT OF 2003 f which the property is located; or Mr. INSLEE. Mr. Speaker, pursuant MOTION TO INSTRUCT CONFEREES ‘‘(B) the State or community does not have to clause 7(c) of rule XXII, I hereby ON H.R. 1, MEDICARE PRESCRIP- the capacity to manage such activities. TION DRUG AND MODERNIZA- ‘‘(b) PRIORITY FOR WORST-CASE PROP- give notice of my intention to offer a ERTIES.—In determining the properties for motion to instruct on H.R. 1, the Medi- TION ACT OF 2003 which funding is to be provided under this care Prescription Drug and Moderniza- Ms. HOOLEY of Oregon. Mr. Speaker, section, the Director shall consult with the tion Act of 2003. I offer a motion to instruct. States in which such properties are located The form of the motion is as follows: The SPEAKER pro tempore. The and provide assistance for properties in the Mr. INSLEE of Washington moves that the Clerk will report the motion. order that will result in the greatest amount managers on the part of the House at the of savings to the National Flood Insurance The Clerk read as follows: conference on the disagreeing votes of the Ms. HOOLEY of Oregon moves that the man- Fund in the shortest period of time.’’. two Houses on the Senate amendment to the (b) AVAILABILITY OF NATIONAL FLOOD IN- agers on the part of the House at the con- bill H.R. 1 be instructed as follows: SURANCE FUND AMOUNTS.—Section 1310(a) of ference on the disagreeing votes of the two (1) To reject the provisions of subtitle C of the National Flood Insurance Act of 1968 (42 Houses on the Senate amendment to the bill title II of the House bill. U.S.C. 4017(a)) is amended by adding at the H.R. 1 be instructed as follows: (2) To reject the provisions of section 231 of end the following new paragraph: (1) To reject the provisions of subtitle C of the Senate amendment. ‘‘(9) for funding, not to exceed $10,000,000 in title II of the House bill. (3) Within the scope of conference, to in- any fiscal year, for mitigation actions under (2) To reject the provisions of section 231 of crease payments by an amount equal to the section 1323, except that, notwithstanding the Senate amendment. amount of savings attributable to the rejec- any other provision of this title, amounts (3) Within the scope of conference, to in- tion of the aforementioned provisions to— made available pursuant to this paragraph crease payments for physician services by an (A) raise the average standardized amount shall not be subject to offsetting collections amount equal to the amount of savings at- for hospitals in rural and other urban areas through premium rates for flood insurance tributable to the rejection of the aforemen- to the level of the rate for those in larger coverage under this title.’’. tioned provisions. urban areas; and (4) To insist upon section 601 of the House SEC. 6. TARGETS FOR PARTICIPATION IN FLOOD (B) to raise the physicians’ work geo- INSURANCE PROGRAM. bill. graphic index for any locality in which such Section 1305 of the National Flood Insur- index is less than 1.0 to a work geographic The SPEAKER pro tempore. Pursu- ance Act of 1968 (42 U.S.C. 4012) is amended index of 1.0. ant to clause 7 of rule XXII, the gentle- by adding at the end the following new sub- (4) To insist upon section 601 of the House woman from Oregon (Ms. HOOLEY) and section: bill. the gentleman from Florida (Mr. ‘‘(d) TARGETS FOR PARTICIPATION.—Not later than December 31, 2004, the Director f FOLEY) each will control 30 minutes. shall submit to the Congress a detailed plan The Chair recognizes the gentle- for increasing the percentage of properties ANNOUNCEMENT OF INTENTION TO woman from Oregon (Ms. HOOLEY). located in areas in which flood insurance OFFER MOTION TO INSTRUCT coverage under this title is made available CONFEREES ON H.R. 2989, DE- b 1915 that are covered by such insurance. The plan PARTMENTS OF TRANSPOR- Ms. HOOLEY of Oregon. Mr. Speaker, shall describe specific actions to be taken to TATION, AND TREASURY AND I yield myself such time as I may con- ensure that such participation is not less INDEPENDENT AGENCIES APPRO- sume. than— PRIATIONS ACT, 2004 Mr. Speaker, I stand here in the well ‘‘(1) 55 percent as of December 31, 2005; ‘‘(2) 57 percent as of December 31, 2006; and Mr. HASTINGS of Florida. Mr. of the people’s House today to offer a ‘‘(3) 60 percent as of December 31, 2007.’’. Speaker, pursuant to clause 7(c) of rule motion to instruct the conferees of the SEC. 7. REITERATION OF FEMA RESPONSIBILITY XXII, I announce my intention to offer Medicare prescription drug bill to pro- TO MAP MUDSLIDES. a motion to instruct conferees tomor- vide a much-needed payment update to As directed in section 1360(b) of the Na- row on the bill H.R. 2989, the Depart- physicians for the next 2 years and tional Flood Insurance Act of 1968 (42 U.S.C. ments of Transportation and Treasury eliminate provisions that would pri- 4101(b)), the Director of the Federal Emer- and Independent Agencies Appropria- vatize Medicare. gency Management Agency is again directed tions Act of 2004. Right now, as we speak, doctors are to accelerate the identification of risk zones faced with the tough choices of treat- within flood-prone and mudslide-prone areas, The form of the motion is as follows: as provided by subsection (a)(2) of such sec- Mr. HASTINGS of Florida moves that the ing patients, old friends and new pation 1360, in order to make known the degree managers on the part of the House at the tients alike, or turning them away of hazard within each such zone at the ear- conference on the disagreeing votes of the since the reimbursements under the liest possible date. two Houses on the Senate amendments to Medicare program have not kept pace

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.115 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11599 with the costs of practicing medicine. This small, but critical, increase will competitive-style model for a minute. This is not an argument about the give doctors nationwide the where- My district is typical of most districts quality of health care; it is about the withal to continue treating seniors on in the country. In fact, in Florida I rep- ability to receive health care at all. Medicare, and it will give Congress resent eight counties: Palm Beach This is a particular problem in rural time to develop a permanent fix for County, St. Lucie, Okeechobee, Glades, areas like those that make up part of this flawed system that shortchanges Hendry, Martin, and Charlotte. It goes my district in Oregon. doctors and continues to restrict the from the east coast on the Atlantic to The decisions that we make on this ability of seniors to access health care the west, ending at the Gulf of Mexico. bill will have a disproportionate im- services. There is almost every demographic mix pact on the ability of millions of Amer- I ask my colleagues to work with me one can imagine, people moving from icans to have access to health care. We to fix this Medicare physician reim- the north and east coast; and what cannot enable more doctors to see bursement formula which currently they have said to me in town hall after more Medicare patients if we continue threatens to destabilize the Medicare town hall, I want choices like Members cutting payments to doctors. If we do program. Seniors rely on their doctors of Congress have. They say they want not act soon, there will be another 4.5 and the medicines they need to stay choices like we have in our health care percent reduction in reimbursements healthy. They have waited too long for delivery system, and I reach for my to physicians who are treating those a prescription drug benefit in Medicare wallet because I know somewhere in who count on their care the most, our and relief from the high cost of pre- here is my Federal health benefit plan; seniors. That 4.5 percent cut represents scription drugs. We must work to- and I get a range of options to choose a loss of $20 million to my State alone. gether for a drug benefit that prevents from, whether I want a higher deduct- The overall costs are staggering, and seniors from risking their health by ible, higher copayment, whether I want the damage to the health of American cutting pills in half or having to choose a fee-for-service or PPO or a managed seniors will be as well. between paying for medicine or paying care plan. For a State with historically low their rent, electricity, or buying food. Seniors in my district are smart Medicare reimbursements like Oregon, For 4 decades this Nation promised enough to know they are able to make the impact is even greater. According that Medicare would provide health choices. The Democrats have been to the AMA, the cost of practicing care for all seniors. Medicare ensures down the street burning AARP cards medicine has gone up by more than these hard-working older Americans this afternoon. Rather than engaging one-third since 1991. Over the same pe- who have paid taxes and paid into the in constructive debate on how to fix riod of time, the rise in Medicare pay- system that they have health care cov- the most important plan for seniors in ments has been less than 10 percent. erage. I urge my colleagues to vote for this country, they are invoking memo- Just last year, doctor payments were this motion to allow our constituents ries of Jane Fonda burning things in cut by 5.4 percent; and if we allow to continue to have access to high- city streets around our country and those further cuts to take effect, this quality care. screaming that AARP has sold them would be the fifth time in 12 years that Mr. Speaker, I reserve the balance of out. rates have been cut. If cut, the level my time. A month ago AARP was, as I was told would drop to nearly 8 percent below Mr. FOLEY. Mr. Speaker, I yield my- by some of my colleagues on the other the 2001 level. self such time as I may consume. side of the aisle, the gold standard of My doctors tell me their costs have Mr. Speaker, I am thrilled to be on senior lobbying organizations, and I not dropped by 8 percent, and I suspect the floor talking about Medicare to- tend to agree. I meet with AARP in my that doctors across the country would night and certainly thrilled I have a district in order to have a dialogue to agree. It makes no sense whatsoever to chance to answer some of the com- see if we can meet some common cut payments when the costs of prac- ments made by the gentlewoman from ground and common objective. So when AARP indicated that they were sup- ticing medicine are on the rise. Doctors Oregon (Ms. HOOLEY). simply cannot afford to take more In my district in Florida, I have the porting our Medicare bill, it was not cuts. I am worried whether we are fifth largest Medicare eligible popu- only refreshing that we were engaged going to have a Medicare system by the lation of 435 congressional districts. in a bipartisan, constructive conversation, but we were actually modernizing cuts we are asking doctors to take. Al- This is not an issue I take lightly. I Medicare. ready one-quarter of family physicians would suggest some of our colleagues So to eliminate the competitive read the actual bill because what they across the Nation are saying they can- model in the Medicare plan we are dis- are asking us to do tonight in their not accept any new Medicare patients. cussing undermines the very notion of amendment is exactly why we are fo- Who knows how many more will choose what the gentlewoman from Oregon to do the same in January when they cused on some of the reforms in the (Ms. HOOLEY) is debating on the floor very Medicare package we are talking are told reimbursements have been today. The update for physicians is in about. slashed again. the bill. As a Nation, we must provide our A physician update, an increase in Let me also say another thing that is doctors with a means to treat and pro- payment, is in the bill the House Re- troubling me because I have been vide health care to our citizens. This publicans have authored and sent to somewhat perplexed by this insistence motion would instruct the conferees to this floor and now is in conference. by the other side of the aisle that the protect the language in the House There was a mention that there was a trouble with this bill is we do not get version of the prescription drug bill fee cut last year of 5.4 percent. I would after those nasty drug companies. that would reverse the cut to our phy- like to correct the record. As a member We do not just let our citizens run sicians while providing a 1.5 percent in- of the Committee on Ways and Means across the border and buy drugs from crease to payments for the next 2 who fought to increase physician reim- Canada. I just finished a TV interview years. bursement, not only did we eliminate with one of my colleagues talking To fund the increases in payments to the cut a year ago; we actually in- about the cost of drugs in America and our doctors, this motion strikes fund- creased by 1.5 percent in this bill. In the cost of drugs in Canada, but let me ing for privatization provisions in the Oregon we have a 1.5 percent update in talk about a more critical concern of underlying prescription drug bill. The 2004 and in 2005. We have a 5 percent mine. Centers for Medicare and Medicaid bonus for those working in rural Or- In my district in my county in Flor- Services estimates that under a egon to make certain that they are ida, the first case of anthrax poisoning privatized Medicare, premiums would able to see the patients because of the occurred in Palm Beach County, Flor- skyrocket for seniors who choose to limited access and limited number of ida, the death of a man who worked for stay in traditional Medicare. I am con- physicians. So there is a 16 percent in- the National Inquirer because he concerned that by increasing the pre- crease in the bill we are talking about tracted anthrax through the mail that miums of traditional Medicare many today. was sent to the National Inquirer. beneficiaries would be forced into Let me also take some exception Why do I bring that up and why do I HMOs and other private plans. when it is discussed about this FEHBP raise the anthrax attacks and the fear

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.174 H19PT1 H11600 CONGRESSIONAL RECORD — HOUSE November 19, 2003 it invoked in Florida? Because one of Mr. Speaker, I reserve the balance of resentatives supported the bill to cre- the concerns that we have all indicated my time. ate Medicare. Gerald Ford, a Member is we want cheaper prescription drug of the House, opposed it. Bob Michel, b 1930 prices for our seniors, but we wanted a the Republican leader, opposed it. John protected chain of custody to make Ms. HOOLEY of Oregon. Mr. Speaker, Rhodes, another Republican leader, op- certain that the drugs we are getting I yield 7 minutes to the gentleman posed it. Bob Dole opposed it. Senator for our seniors are not tainted. from Ohio (Mr. BROWN). Strom Thurmond opposed it. Donald Let me read this headline from the Mr. BROWN of Ohio. Mr. Speaker, I Rumsfeld voted against the creation of National Journal Group American thank the gentlewoman from Oregon Medicare. They simply did not like the Health Line. It says that Florida laws (Ms. HOOLEY) for yielding time and idea of a government program. They to prevent the sale of counterfeit or di- thank her for her leadership on this wanted to continue to let these seniors luted prescription drugs in the State Medicare issue and her leadership on be out in the market, be in the private are too weak, according to a report health care issues generally. market. If they could get insurance issued Tuesday. The Miami Herald re- Mr. Speaker, I heard my friend from good; if they could not, that was just ports the report found that as many as Florida not once, not twice, not three too bad. They should have thought of 55 of the 1,458 prescription drug whole- times, maybe not even four times, that and made more money or what- salers licensed in Florida sell counter- maybe five, six times say, ‘‘You should ever the reason. Nothing much hap- feit or diluted medications or treat- just read the bill.’’ That is the prob- pened to change Medicare except it ments illegally imported into the lem. As bad as the Medicare bill is, the worked, from 1965 until 1995. Then the United States. The Office of the Attor- process is even worse. We would like to first time Republicans had a chance, ney General said the questionable read the bill. We cannot find it. The the first time Republicans were in the medicines for some wholesalers have reason we cannot find the bill is the majority in 1995, right out of the box reached pharmacies, but the extent of bill was, first of all, written by the pre- Newt Gingrich tried to privatize Medi- the problem is not known. scription drug companies, by the insur- care. He tried to cut $250 billion from So I continue to hear these bottles of ance companies, in private, similar to Medicare to pay for a tax break for the pills rattling on the other side of the how Vice President CHENEY wrote the most privileged people in society, just aisle saying just let us have our chance energy bill, Vice President CHENEY who like they do now. He immediately tried to be in the debate, and we will get still receives $3,000 a week from an oil to privatize Medicare. Fortunately, Americans cheaper drugs from Canada. company as part of his pay, but these President Clinton stopped that. Fortu- Well, the first person that dies from an bills have been written in secret. nately, other Members of this Congress anthrax-laced medication or the first The prescription drug bill has been stood up and fought it and stopped it. person that receives phony or altered written by the insurance industry, by Speaker Gingrich, in 1995, bragging cancer drugs and dies because they did the drug industry. At the conference in a meeting of the American Conserv- not receive the proper dosage, the first committee when the House and Senate ative Union, said, We don’t get rid of person who has a catastrophic incident were trying to work together to write a Medicare right away. We don’t think because somehow that cheaper drug bill, no House Democrats were allowed it’s politically smart. We think the that my colleagues have suggested in the room. No House Democrats were right way is to go through a transition, they will bring to our States has allowed to look at the bill, to discuss but we know it’s going to wither on the harmed a citizen, I cannot wait to the bill, to debate the bill or to offer vine. That is what Speaker Gingrich watch the rush for the exit by each of wanted to do. He wanted to privatize amendments. When I hear my friend those who have been rattling these pill it. from Florida sort of gratuitously say bottles saying that was not my idea, I Bob Dole, then a Senator, then a we should read the bill, we would like certainly did not want any part of it. Presidential candidate, Bob Dole So let us debate Medicare and let us that opportunity. bragged that he was in the arena try- debate it on the floor, not in the AARP The problem with this prescription ing to fight Medicare, trying to fight lobby, not in the newspapers, and not drug issue, it is not really a prescrip- its creation 30 years earlier. on TV, but for seniors like my parents tion drug bill. We could have passed a It is pretty clear that Republicans in and in the memory of my grandmother, prescription drug bill, take $400 billion 1965 voted against the creation of Medi- whose one wish was that Social Secu- and distributed it to seniors who need care, including one future President, rity and Medicare would sustain her for drug coverage. We could have done that one future Presidential candidate and her life. The one check she would wait cooperatively, bipartisanly in a day or other leading Republicans. Then in for was Social Security, and the one two, but what this bill really is, it is a 1995, when they had a chance, they im- thing she wanted more than ever was Medicare privatization bill. When you mediately tried to privatize Medicare not to be a burden on her children or think about this, and I have been a and cut its funding. In fact, AARP grandchildren. She wanted to be self- ranking Democrat on the Sub- president Bill Novelli, who has gotten sustaining. It is in her memory I have committee on Health for 4, 5, 6 years, I sort of famous this week in his sellout worked 9 years on Medicare and want have been on that committee for more to the drug companies and the insur- to make certain this proposal works. years than that and watched sort of ance interests, Bill Novelli wrote the So I reject this motion. how the Republicans look at this Medi- preface in Newt Gingrich’s health care We will continue to have discussions care issue. They all say, my mom’s on book, his health care privatization on it, but the things that have been Medicare, my grandfather’s on Medi- book. He called Newt a big-idea person. raised in this motion today on H.R. 1 care, I like the program. Ultimately, The Republican majority has continued are just not accurate. They just do not when you look at what Republicans do to rally behind Newt Gingrich’s call for apply. If they read the bill, they will in Medicare and you look at the his- Medicare privatization. JOHN LINDER see that physicians are getting com- tory of the Republican Party with told the House Rules Committee last pensated properly. They will see the Medicare, the problem is they simply year that Medicare was a Soviet-style competitive model is not going to undo not like Medicare. You can say, program. Dick Armey, majority leader dermine Medicare. It has no effect on well, that’s not true. of the House of Representatives last entitlement. There is continued enti- Let us do a little bit of history. When year, said, in a free society we wouldn’t tlement to defined benefits under cur- Congress passed the legislation to cre- want to have Medicare. Former Con- rent law. There is continued access to ate Medicare, President Johnson signed gressman Rick Santorum says the tra- traditional FFS Medicare through the the bill in July of 1965 creating this ditional Medicare program has to be fee-for-service Medicare throughout program that now insures 39 million phased out. And BILL THOMAS, working the country, and all payments to plans, Americans. At that moment, half of with the drug industry and the insur- including traditional fee-for-service American seniors had no health insurance industry in writing this Medicare Medicare based on the demographic ance. The other half did, but it was privatization bill, told a reporter, to and health risks of employees. We have clearly a big problem. Lyndon Johnson those who say that this bill would end provisions in this bill that deal with signed this bill. The fact is only 13 Re- Medicare as we know it, our answer is, most of the problems raised. publicans in the whole House of Rep- we certainly hope so.

VerDate jul 14 2003 05:15 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.175 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11601 The conference bill does that. It because we had it on the floor, we all Mr. Speaker, I reserve the balance of would end Medicare as we know it, be- had a vote, I think nine Democrats my time. cause Republicans would rather throw joined us in supporting that bill. I Ms. HOOLEY of Oregon. Mr. Speaker, money at a private failure rather than know it was not in its entirety. I am I yield myself such time as I may con- continue support for a public success. sure there are some new additions, sume. Mr. Speaker, Medicare has worked some new conference report language, Just a reminder, I think that every- for seniors in this country. We need to some different things, but we are not body on the floor of the House, all add a prescription drug benefit inside talking about whole new territory Members from both the Republican and Medicare, not turn this program over here, we are not going over new Democratic Party, would be happy to to the insurance interests who are get- ground. But I would caution when we see those changes, that in fact they ting a $20 billion taxpayer gift once start accusing the entirety of the Re- would not pay for amputation of a leg this bill is signed into law if it passes, publican Party as being opposed to or an arm and would pay for diabetes and we do not want to turn this pro- Medicare that that is somewhat of a treatment along the way. gram over to the drug industry who hurtful statement to this Member be- Mr. Speaker, I yield 5 minutes to the will profit 140 billion additional dollars cause I take seriously the responsi- gentleman from New Jersey (Mr. under this bill. bility I have representing seniors, I PALLONE) who has been working on Mr. Speaker, my Republican friends, take seriously the fact that my parents health care issues the entire time he it is an honest debate. They simply do are on Medicare, enrolled in Medicare, has been in Congress. not like Medicare. They do not believe my father is suffering today with can- Mr. PALLONE. Mr. Speaker, I want there should be a government program cer who is being treated by great physi- to thank the gentlewoman for yielding called Medicare. They think the insur- cians in Palm Beach County who are me the time and her remarks. ance industry and the drug industry being reimbursed by Medicare, who I listened to what the gentleman ought to do this. That is their view. seem to be not only caring for him, but from Florida said, and I have to say, I Mr. Speaker, I hope that enough Mem- obviously thrilled with their work and know he is well-intentioned. I certainly bers rally around because it is clear happy with the reimbursements being do not mean to imply that he is not that seniors in this country want to offered. well-intentioned, but the problem is protect Medicare. They do not want it The current Medicare system is a that the ideology of the Republicans is privatized. They want a public health sickness model. I am hopeful that the getting in the way of what works prac- system that works for everybody and party on the other side of the aisle tically. I am afraid that the ideology, treats everybody the same. comes back to the roots of Claude Pep- even though they may not intend it, Mr. FOLEY. Mr. Speaker, I yield my- per from Florida and Lyndon Johnson ultimately, will destroy Medicare. self such time as I may consume. who would have recognized a fabulous The gentleman from Florida talked It is indeed appropriate that there be program but one that needs to reflect about Lyndon Johnson and the origins a doctor in the House sitting in the today’s technologies. of Medicare. I do not want to go well presiding as we discuss this impor- In our bill we have wellness incen- through all that again, but we must re- tant project, a doctor who happens to tives to look for dietetic screenings to member that the reason that President be a Republican. The notion that we see if we can prolong the life of some- Johnson and the Democrats primarily want to destroy Medicare is patently one suffering from diabetes. Medicare put Medicare into place in the sixties false. It is interesting, I am on the today will reimburse to amputate your was because the private market did not Committee on Ways and Means, so this limb, they will watch you go blind, work. Seniors were not able to go out is something we deal with quite fre- they will put you on dialysis, but we and get insurance in the private mar- quently, how many letters I get urging will not reimburse a dietician to come ket, and so that is why the government us to increase the fee payments to in and see if we can properly construct had to set up a program to insure the Medicare+Choice organizations, Blue a diet to minimize the onset of the dis- senior citizens. That is the bottom Cross and Blue Shield of New Jersey, ease. That is a plan that they want to line. Practically speaking, I do not Blue Cross and Blue Shield of Florida. sit here and defend? New technologies really have an ideology. I do not care if From my colleagues on the other side that can indicate a cancer in the body it is a government program versus a of the aisle who somehow find those early and detect it and cause, hope- private program, but the bottom line is Medicare+Choice, which are popular fully, the cure of that cancer. Cardio- that the government program, the with their constituents, we should in- vascular screening that I have worked Medicare program, works and it works crease reimbursements to those plans. on with Senator BOB GRAHAM from because you have this large pool that But if they listened to the argument Florida. all the seniors are members of, and the they just made about privatization, This Medicare bill we are bringing to private market has essentially told us then those Medicare+Choice panels the floor has a lot more to offer than in many cases that they are not going would not even operate. They would some of the criticism would indicate. to provide the type of health insurance not even exist. But I still have to snicker when I see a that many of the Republicans have So it seems like there is a number of group of people standing outside of talked about. Members here that seem to trust the AARP burning cards. It harkens back The gentleman says that Democrats private health insurance industry when to an earlier day. I just somewhat hu- are against HMOs. I do not have a prob- it suits the political goals of allowing morously look at how quickly they lem with HMOs and managed care. He their constituents to have access to turn on that organization whom they mentioned my home State of New Jer- prescription drugs, to eyeglasses, to held in such high esteem up to 48 hours sey. Sure, lots of seniors sign up for other remedial services, that is okay. ago and now is being vilified here on HMOs in New Jersey. But the problem That is not really privatization. That the floor. We are happy AARP weighed is that the HMOs have increasingly is kind of a sort of an experiment, I in. They said it was a first step. They dropped the seniors. Something like guess. But that is in fact what is hap- did not say this was a panacea, nor did 80,000 to 100,000 New Jersey seniors in pening today. There are managed care any Member of this body ever suggest the last few years have been dropped by plans that President Clinton supported that this is the last thing we will ever HMOs. All we are saying, as Demo- and endorsed and increased funding for, do on Medicare. We will learn as we go crats, is we do not want seniors to be community health care organizations, along, we will add, we will try and in- forced into managed care, forced into a number of things that we have done crease the opportunities for preventive HMOs in order to get a drug benefit. in our communities to make certain health care, we will increase reim- That is what the gentleman is doing. health care is delivered. bursement to hospitals in every Mem- That is what the Republicans are doing We know they are losing the debate bers’ district, a bill that I authored. We with this bill. Essentially, the only when they have to bring up Newt Ging- are doing the drug discount card, an- way practically speaking that you are rich on the floor and rather than talk other provision that I authored that going to be able to get a drug benefit is about substantive debate here, many of will be in this bill. I think we are on if you join an HMO, and then you lose us have read the bill numerous times the right track. your choice of doctors. That is not fair.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.177 H19PT1 H11602 CONGRESSIONAL RECORD — HOUSE November 19, 2003 If you really cared about Medicare, and ferent groups support this bill is be- Mr. HASTINGS of Florida. Mr. you wanted to just expand it and in- cause they are all getting a piece of the Speaker, I thank the distinguished gen- clude a prescription drug benefit to action. In other words, the doctors are tlewoman from Oregon for yielding me deal with preventive care, then all you getting an increased reimbursement this time, and I appreciate her so very have to do is what the Democrats have rate, so of course they think it is a much for her bringing this motion. said all along, add the drug benefit to great bill. AARP is an insurance com- It is most regrettable that we are in traditional Medicare. We have talked pany. They are going to sell insurance, this dispute in the manner that we are about that. We have said just like you so they think it is a great idea. And the because in many respects it comes have part B now for your doctor bills, drug companies love it because they from a lack of communication between where you pay about a $50 a month pre- have a clause in here that says that the the two respective sides. mium, you have a $100 deductible for Secretary of Health and Human Serv- Mr. Speaker, it gives me great pleas- your first doctor’s visit and after that ices, the Medicare administrator, can- ure to support the gentlewoman from the Federal Government pays 80 per- not negotiate price reductions, so they Oregon’s (Ms. HOOLEY) measure. cent of the cost and you pay 20 percent are happy because they can continue to Since 1965 Medicare has been a vital up to a certain amount when the Fed- charge higher price, increasing prices. instrument in ensuring quality health eral Government pays the whole thing. So all these different special interest care to America’s elderly and disabled. We advocated and we voted on a sub- groups, they are all very happy; but the Like my friend from Florida, my moth- stitute to this awful Republican bill. Medicare recipient, the senior, is the er is on Medicare, and like my friend We had a Democratic substitute that one that suffers because they are not from Florida, my mother is desperately did exactly the same. You paid $25 a being given an adequate benefit. Not ill. The real truth of the matter is if it month, the first $100 deductible on only are you telling them that they were not for Medicare, I would not be your drug bills you have to pay, and have to join an HMO, but they are able to sustain my mother’s present after that 80 percent is paid for by the going to have to pay more out in their care. Federal Government, 20 percent by out-of-pocket in order to get any kind Medicare’s 40 million beneficiaries you, up to a certain amount, and then of drug benefit. use thousands of different health care the Federal Government pays 100 per- If we look at the way this thing is products and services furnished by over structured, the deductible is $275, not cent. If you really liked traditional 1 million providers in hundreds of mar- $100. 275. The cost sharing, basically Medicare and wanted to keep it going kets nationwide. However, today a the Federal Government pays 75 per- the way it is, then you would not have great number of people in this House cent of the cost but only up to $2,200 a any problem doing just that. Take seek to dismantle Medicare with a year. After that there is a doughnut whatever pot of money you have and fool’s gold of a bill titled the Medicare hole and the senior has to pay out of add a prescription drug benefit to tra- Prescription Drug and Modernization pocket up to $5,044. So what we are ditional Medicare. But that is not what Act. going to see here with these seniors is you do. The Republicans basically want Despite my Democratic colleague’s there is no set premium. So the HMO is to privatize, and they force people to best efforts to make this an inclusive going to come in and say they are go into an HMO to get the drug benefit. and comprehensive process, one that going to charge them, who knows, $75 a addresses the real concerns of Amer- b 1945 month, $80 a month. The sky is the ica’s seniors and disabled, we are shut The gentlewoman’s motion here is limit. There is no set premium; 275 de- out from negotiations. My friend on very simple. Basically, she is saying do ductible, between $2,200 and $5,000 out the other side from Florida, and he is not give extra money to the HMOs and of pocket. They get nothing from the my friend, may have seen this bill. But the private insurers because we know Federal Government. There is no rea- I serve on the Committee on Rules. We that they cannot compete with the reg- son for anybody to sign up for this have not met on it for it has not been ular Medicare program. Do not give thing because they are not getting a filed, and we will not see it until them the windfall and extra money in benefit. They have to lose their choice maybe an hour before we go to the order to make them participate in this of doctors. They get a lousy benefit Committee on Rules on this measure. plan. Take that money and give it, as that is not even worth having. Mean- The bill does not ensure affordable she said, to the doctors to increase while, all the special interests, the prescription drugs because of the arbi- their reimbursement rate. Whether we HMOs, get all this windfall in terms of trary budget cap pushed by the admin- give it to the doctors or whomever we dollars. istration. H.R. 1 has high deductibles give it to, the bottom line is that we Mr. GEORGE MILLER of California. and does not guarantee an affordable should not be giving windfall dollars to Mr. Speaker, will the gentleman yield? premium. In addition, the Medicare HMOs and private insurers so that they Mr. PALLONE. I yield to the gen- Prescription Drug and Modernization have extra money to compete with the tleman from California. Act creates large coverage gaps with Mr. GEORGE MILLER of California. traditional Medicare fee-for-service. many seniors being required to pay Mr. Speaker, the gentleman is correct If my colleagues feel that there needs high premiums even when they do not here. Assuming the $35 premium, in to be competition and that HMOs receive benefits. Let me tell the Mem- fact, out of the first $5,000 of benefit, should be out there as an option, or bers about one guy that is from other private insurance options should they have to pay $4,020 out of pocket. Mr. PALLONE. Absolutely. Myakka City, Florida, Mr. Coldao, a be out there, then let them compete in Mr. GEORGE MILLER of California. Vietnam veteran-turned-farmer who a traditional way. Do not give them all Mr. Speaker, I guess maybe some peo- cannot afford health coverage and now this extra money and say, Here is some ple in America think that is a drug faces losing the little that he has be- extra money, so you come into the benefit, but that is not going to pro- cause drug companies flee rural areas market, because then we do not have vide. Out of the first $5,000, they pay in search of bigger profits. fair competition. We do not have fair $4,020 out of their pocket and they get Approving this bill may not guar- competition at all. We are giving them $1,000 in benefit. antee a destitute future for those of us extra money, and what we are going to Mr. PALLONE. Right. Reclaiming that are Members of Congress, but it ultimately do is to make it impossible my time, Mr. Speaker, that is assum- will guarantee a destitute future for for people to stay in traditional Medi- ing that the benefit is $35. those seniors who do not and have not care. Mr. GEORGE MILLER of California. served in this body. The thing that really bothers me the That is assuming it is $35, but nothing Mr. Speaker, simply put, this bill most is that they keep mentioning on in the law requires it to be $35. should be wrapped around a toilet the Republican side all the different Mr. PALLONE. Absolutely not. paper holder and stuck in one of the groups that support this Republican Mr. FOLEY. Mr. Speaker, I reserve Capitol’s bathrooms. It is that bad. It Medicare bill. They mention AARP, the balance of my time. is poison for this country. It stinks. they mention the AMA, they mention Ms. HOOLEY of Oregon. Mr. Speaker, And now I want to tell my friend the drug companies, PhARMA or what- I yield 4 minutes to the gentleman about this AARP. I am a member of ever. The reason that all these dif- from Florida (Mr. HASTINGS). that organization until yesterday. And

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.179 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11603 I did not go to AARP and burn my Could the gentleman explain to me, if Under this bill new, untested private card. I sent to its director notice that it is true that all these problems are insurers are authorized to provide a I resigned, and let me tell the gen- out there and all these changes need to prescription drug benefit. Under this tleman why. Because I never received a be made to Medicare, why the Repub- bill Republicans cap Medicare spending mumbling word from anybody at AARP licans are going to wait until the year for the traditional programs and also asking me, one of the 35 million mem- 2006 to have this program kick in? for private plans, of course shifting the bers, what I think about this particular Mr. FOLEY. Mr. Speaker, reclaiming greater risk and cost to our senior citi- measure. I did not receive a question- my time, actually 6 months from en- zens. It does not make any sense to naire from them, and I ask my friend actment, we will start with a discount provide a $12 billion slush fund to keep from Florida, are all seniors being card that will provide an immediate private insurers in Medicare, which is treated equally under the Republican $600 in the plan. A number of the really anticompetitive. It is costly and plan that he has seen and Democrats wellness provisions we are talking it is unfair to seniors. about will become instantaneous, the have not? What are the effects on Med- b 2000 icaid in the State of Florida and in the increase to physicians, the increase to State of Oregon and this Nation as it hospitals, the increase to managed Also, as I understand it, under this pertains to the poor? And most impor- care. bill, Republicans leave seniors who tantly, here come the baby boomers. Mr. PALLONE. But generally, Mr. spend between $2,200 and $3,500 for pre- Baby boomers, get ready. Get ready to Speaker, it does not kick in until 2006. scription drugs without any cost as- go bust under this plan. Mr. FOLEY. Mr. Speaker, reclaiming sistance or sharing for Medicare. And Mr. FOLEY. Mr. Speaker, I yield my- my time, there will be a number of again, not having seen the bill, but self such time as I may consume. things that will take place up until from what we hear, under this bill, and Of course I respect very much my 2006. The big fundamental prescription of course the administration and the colleague from Florida, and I appre- drug will be 2006, the gentleman is cor- Republican leadership have weakened ciate his words tonight. I do want to at rect. Because we have to get plans up all of the measures to control the costs least add that at the current program and running. We have to implement the of these drugs; policies to promote ac- we have on Medicare, just to correct delivery system. We have to get plans cess to generic drugs and reimporta- any record, there is zero prescription concurrent. We have to do the pharma- tion of U.S.-made drugs which, of drug coverage in Medicare. So for the cology. So there are a number of things course, we passed in this House, those very seniors they are talking about to- that will require some time. provisions have either been watered night, the veterans they are talking Mr. PALLONE. Mr. Speaker, the gen- down or just totally disregarded. about tonight, citizens watching us to- tleman does not think that could be To put it simply, a senior who re- night, they have zero coverage from done by next year? ceives $2,200 worth of drugs in a year Medicare for prescription drugs. Yes, Mr. FOLEY. Maybe. That may be will pay about $420 in premiums, $275 there is a $275 deductible, and there is possible as we move forward. With deductibles, and $481, which is about 25 a monthly premium. The average some cooperation, we may be able to percent of drug costs from $276 to American spends about $2,000 on drug actually expedite the time frame. That $2,200. So the total cost is somewhere costs annually. Under our plan they is this gentleman’s wish. The sooner, between $1,700 and $2,200 in drugs. will probably save anywhere from $900 the better. But within 6 months of en- Also, with this gap or what we call to $1,100 that will now be provided actment, we will have the first phase of the ‘‘doughnut hole,’’ the Republicans through Medicare to them. So anyone this. We will have a number of the have left that in this bill, of course. who is spending money on drugs today components already implemented. As Seniors whose drug costs fall above with this bill will have a benefit. to the prescription drug plan, I think $2,200 and $3,500 will pay 100 percent of The drug discount card that I au- our leadership will move more quickly the cost. Seniors with $3,500 in annual thored along with Senator HAGEL that than 2006. drug costs will pay too much. is now part of this global bill includes Mr. Speaker, I reserve the balance of Mr. Speaker, this is really the begin- for low-income families a $600 credit my time. ning of the end of Medicare as we know much like their ATM card that they Ms. HOOLEY of Oregon. Mr. Speaker, it. This is an attempt really to dis- can use at drug stores to not only I yield 31⁄2 minutes to the gentlewoman mantle Medicare. We cannot allow achieve a discount off the retail price from California (Ms. LEE). that. We must stand up for our con- of the pharmaceutical but also have Ms. LEE. Mr. Speaker, I thank my stituents. We must stand up for our money to purchase and back up that colleague for yielding me this time and senior citizens and provide a prescrip- purchase. also for this motion to instruct and for tion drug benefit which is helpful, not So, yes, I am pleased with the her tremendous leadership on this which is harmful. This bill is not com- progress we are making. I am pleased issue. prehensive, I guess. I mean we have not that we have things in this bill to pro- This bill of course we have yet to see seen it, but from what we hear, it is vide new remedies for situations for but have heard a lot about what will terrible and it is very incomplete. ailing seniors, and I am encouraged by essentially privatize Medicare. Not So I think we need to be honest with the fact that we have been able to in- only will the bill begin to dismantle a our senior citizens. It does privatize crease reimbursements to hospitals, in- program that has worked for over 30 Medicare. It does begin to dismantle crease reimbursements to physicians. years; it does fatten the pockets of the Medicare. It is much too costly for our We are able to do some of the diag- pharmaceutical and the private insur- senior citizens to buy drugs which are nostic tests necessary to improve and ance industry donors, leaves over 9 mil- already too expensive. enhance the quality of life. So I feel lion rural Medicare beneficiaries with Mr. FOLEY. Mr. Speaker, I yield my- very comfortable, as we continue the no access to affordable prescription self such time as I may consume. debate, that more changes probably drugs, and really does pit seniors one It is almost comical on the floor for can be made if we deal in a construc- against the other based on their in- people who claim they have never seen tive fashion. come through means testing. this bill, they know every aspect of it Mr. PALLONE. Mr. Speaker, will the I hope we say no to this Republican and can criticize it with great flourish gentleman yield? bill. Under this bill, Republicans have and abundance. Mr. FOLEY. I yield to the gentleman eliminated Federal Medicaid funding to We just heard about the rural health from New Jersey. fill in the gaps in the Medicare drug care network, and I absolutely rep- Mr. PALLONE. Mr. Speaker, again I benefit, disproportionately affecting resent a lot of rural communities. Mr. have not seen the bill because it has rural beneficiaries who are 20 percent Speaker, $30 billion additionally to not been given to the Democrats, but more likely to have incomes below 150 fund rural health. Standardized my understanding is that the Medicare percent of poverty level. This means amount for payments. A labor share to program that the gentleman has talked that up to 1.7 million beneficiaries help with the labor index in rural com- about, the comprehensive program, is could have their current drug coverage munities. The disproportionate share not effective until the year 2006. reduced. program is increased in our bill. Low-

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.181 H19PT1 H11604 CONGRESSIONAL RECORD — HOUSE November 19, 2003 volume hospitals receive additional Florida (Mr. HASTINGS) said, and that thing about price there; all they did payments based on their discharges. is that unfortunately, we now see peo- was protect the profits of the pharma- Critical-access hospitals have addi- ple who are offering themselves as so- ceutical industry, and if the seniors get tional benefits. A wage index. Graduate called honest brokers who set up a benefit, they will be lucky. Out of the medical education programs. Sole-com- thresholds and tests as to whether this first $5,000, they will pay $4,000. That is munity hospitals qualify based on some would be a good bill for senior citizens; not the benefit that the AARP should data. whether or not this would provide the be fighting for. These are all incorporated in this kind of drug benefit that senior citi- Mr. FOLEY. Mr. Speaker, I yield my- new Medicare reform proposal that will zens should have and that they need to self such time as I may consume. benefit constituents in the gentle- match the cost of the drugs that they I would just ask Members who are so woman from California’s district. now have to pay the prices that they comfortable with the insurance pro- Bonus payments for physician, an in- have to pay, we now see that that orga- vided to them through Blue Cross Blue creased 5 percent add-on if you are in nization, AARP, was in the bag all of Shield, it is a PPO, it is made out to the rural component. Clinics pay sepa- the time. They were not there rep- me, it is a government-wide benefit rately for professional services. Rural resenting their members, they were not plan that has a retail pharmacy car- health care clinics, federally qualified. there representing senior citizens; they rier; it has a mail order if I want; there Low-volume rural ambulance, targets were there representing themselves as is a customer service number; I can use higher payments for ambulances in an insurance company. Now, we see it at most hospitals for admission and rural communities. Home health care that under the provisions of the bill, medical doctors. But surprisingly, it is adds an additional 5 percent. they stand to do billions of dollars in not the Federal Government, it is Blue So these are all funded by our pro- business. They do about $100 million in Cross and Blue Shield. So if this is so gram, including community health business now, selling Medigap insur- onerous and a disaster waiting to hap- centers. ance policies, but now they want to get pen, then maybe my colleagues ought Now, it came up about the $2,200, the into the pharmaceutical business. to turn in their card. I think they prob- doughnut that they continue to de- So they were not an objective ob- ably would not go without the cov- scribe. The median recipient on Medi- server of this process. They were not erage, and that is what my constitu- care uses approximately $2,000 annu- there as guardians; they were there as ents have been asking for: give me ally in drug utilization costs. That is special interests with a special seat at what you have. Let me have choices. why we came up with the $2,200 to the table. So special that the Repub- Let me have options. Let me decide for cover the majority of Americans. After lican administration gave them a num- myself. $3,600 of drug expenditures, we then ber of contracts over the last couple of Now, they may be outraged at AARP, pick up 95 percent of the tab for the years from the Department of Labor but up until last week they were al- catastrophically ill. and other agencies in this Federal Gov- ways throwing it in our faces that this Now, what the Democrats fail to con- ernment, and now all of a sudden we was the legitimate group that nego- tinue to mention, and I wish they find out they took a dive on the bill. tiated for seniors, and now all of a sud- would put their price tag alongside They did not talk to their Members their lofty ideas, is to give drugs to den they have racked up this alleged and say, what should we do. The belt- every senior in an unlimited amount racketeering, mob-style pharma- way lobbyists, speaking from their own without payment, without copayment, ceutical alliance with big PhRMA. It is without deductible, would be about $900 interests, made a decision to support just interesting, when they change billion, almost $1 trillion. Please, this bill to the extent now that all day their viewpoint and decide to support somebody on the other side, advise me long we have been watching on the something we are doing, this is evil in- where that money comes from, and I news as people have been turning in carnate. A week ago they were the gold will be willing to listen to their pro- their membership in AARP, people standard of senior care and consider- posal. have been resigning from the organiza- ation; today we are going to burn our But in the abstract and failing to tion. I have a letter here from their cards. offer concrete solutions, they criticize legislative chairman in Raleigh, North So I ask my colleagues to be the a bill that has been worked on by the Carolina who says that he is resigning judge: is it politics, or is it process? Is Committee on Ways and Means. They because they were never asked about it results, or is it claiming credit? As a should contact some of their Demo- this. And the fact that they would sup- Member of the Committee on Ways and cratic colleagues who serve on the port a bill as they understand it with Means, yes, there is a lot more I would committee with me. They are probably the level of benefits, with the privat- like to do to this bill. But part of the not happy with every aspect of the bill, ization of Medicare, they want out. process I have learned is compromise, but they have seen it. We have debated They are resigning. That was sup- negotiation, and meaningful steps for- it. We have discussed it. This bill has posedly the honest broker that was ward to make results achievable for been around for about 41⁄2 years, no going between the sides and discussing citizens, the people that pay our salary shocks, no nuances, no changes. It has the merits of this program. that send us to work. all been part of the debate. Yes, they This bill is one thing and one thing When I go home after reviewing this may object to portions of it, but to only: it is to provide protection to the bill and looking at its contents, I know claim that somehow we just popped big pharmaceutical industry. This bill in my heart I can look at seniors, this bill up in the middle of the night does nothing about price. You can have whether they live in Lake Worth, Port belies the 41⁄2 years I have been on the your discount cards, but it is dis- St. Lucie, Punta Gorda, Okeechobee; committee working on this and shows counted off an inflated price, and it whether they are wealthy or poor, little of the knowledge of the very im- specifically prohibits the Secretary of whatever their ethnic background, portant components that provide relief Health and Human Services from nego- whatever their family composition, to a number of their constituents, tiating price. When asked about why that I will be able to look them in the Democrat, Republican, and Inde- this is in the provision in a meeting eye and say, this is a better program pendent alike. today, one of the authors of the bill than it was last month and last year. Mr. Speaker, I reserve the balance of said because that is the way big Mr. Speaker, with that I know the my time. PhRMA wanted it. Well, big PhRMA hour is late, and I sincerely appreciate, Ms. HOOLEY of Oregon. Mr. Speaker, got their way and Mr. Middle America, as I have worked with the gentle- I yield 3 minutes to the gentleman they got hosed in this operation. woman from Oregon on a number of from California (Mr. GEORGE MILLER). We cannot negotiate like Wal-Mart. issues, and we care deeply about health Mr. GEORGE MILLER of California. We cannot negotiate like Costo. We care; we share common objectives and Mr. Speaker, I thank the gentlewoman cannot negotiate like the Veterans’ common goals. But I think the charac- for offering this motion and for yield- Administration. No. They get to set terization of this bill is overstated in ing me this time. the price and then somehow we are its demagoguery. I think if we look at I just want to say, following up what going to give you a discount off an in- what is being provided and the full my colleague, the gentleman from flated price. So they did not do any- range of services, people should come

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.183 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11605 away from this bill knowing this is an Ms. HOOLEY of Oregon. Mr. Speaker, United States Government, the Com- important, critical first step to pro- I yield myself such time as I may con- munity Management Account, and the viding prescription drug coverage for sume. Central Intelligence Agency Retire- our seniors. Today, at this hour, sen- Mr. Speaker, the gentleman from ment and Disability System, and for iors have absolutely zero coverage by Florida (Mr. FOLEY) and I have worked other purposes: the Federal Government for prescrip- on many issues together. I guess I CONFERENCE REPORT (H. REPT. 108–381) tion drugs. would like to offer today to work on The committee of conference on the dis- If there is any indication that what another issue. Oregon happens to be a agreeing votes of the two Houses on the we are about to embark on by those very low reimbursement State because amendment of the Senate to the bill (H.R. who suggest this is not a benefit, then we have been very efficient in our 2417), to authorize appropriations for fiscal they have not read the calculation. health care. I am glad that Florida has year 2004 for intelligence and intelligence-re- Just do the math along with me. From a high reimbursement rate. I would lated activities of the United States Govern- $3,600 to $5,000, the example used by the just like to be there with them. And ment, the Community Management Account, and the Central Intelligence Agency Retire- gentleman from California, if you our State, because it is a low reim- ment and Disability System, and for other spent $5,000, you are only paying $900; bursement State, I have areas in my purposes, having met, after full and free con- well, do the math. From $3,600 to $5,000 district where doctors are filled. Be- ference, have agreed to recommend and do is $1,400. Your obligation is a 5 percent cause they lose money every time they recommend to their respective Houses as fol- copay of that. So it does not take rock- take a Medicare patient, they do not lows: et science to figure out that is $70. want to take anymore. It is not be- That the House recede from its disagree- That means you have $1,330 of a benefit cause they do not want to provide the ment to the amendment of the Senate and agree to the same with an amendment as fol- there alone. If you take the front end, service; it is that they cannot afford to lows: if you take the front end and you look do it. They cannot afford to have 100 In lieu of the matter proposed to be in- at the deductible and the $2,200 percent of their clients Medicare cli- serted by the Senate amendment, insert the amount, you are talking about roughly ents because, again, of the reimburse- following: $900 to $1,100. So if you add those two ment level. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. together, there is about $2,430 of ben- I urge my colleagues to vote for this (a) SHORT TITLE.—This Act may be cited as efit for a person that spends $5,000, not motion to direct the millions that the the ‘‘Intelligence Authorization Act for Fiscal Year 2004’’. counting the $600 and the discount House bill uses for privatization to im- (b) TABLE OF CONTENTS.—The table of con- card, plus the discounts achieved. So if proving Medicare payments for physi- tents for this Act is as follows: we reflect on all of those numbers and cians. Physicians cannot deliver 21st- Sec. 1. Short title; table of contents. you hear these numbers thrown century medicine to our seniors with TITLE I—INTELLIGENCE ACTIVITIES around, get out a calculator, we will payment rates that do not cover the Sec. 101. Authorization of appropriations. supply the numbers. It is not that dif- cost of their care. Sec. 102. Classified schedule of authorizations. ficult. My motion would address the con- Sec. 103. Personnel ceiling adjustments. My final statement will be to those cerns of doctors across the country and Sec. 104. Intelligence Community Management who say our seniors do not understand ensure that they are able to treat Account. enough of what they are doing to be Medicare patients. Instead of putting Sec. 105. Office of Intelligence and Analysis of the Department of the Treasury. able to figure these new processes or the Medicare system in jeopardy Sec. 106. Incorporation of reporting require- new bills out. Well, do my colleagues through risky and untested privatiza- ments. know what? The generation I am talk- tion schemes, we should protect our Sec. 107. Preparation and submittal of reports, ing about managed their way through constituents’ access to care. reviews, studies, and plans relat- the depression, they survived World I urge my colleagues to support our ing to intelligence activities of De- War II, they taught us how to ride our doctors and their patients and to vote partment of Defense or Depart- bikes and drive our cars. They raised ‘‘yes’’ on the motion to instruct. ment of Energy. us. They fought wars. They have been Mr. Speaker, I yield back the balance TITLE II—CENTRAL INTELLIGENCE AGEN- CY RETIREMENT AND DISABILITY SYS- able to succeed in life on their own of my time. TEM The SPEAKER pro tempore (Mr. without the Federal Government Sec. 201. Authorization of appropriations. HENSARLING). Without objection, the dumbing them down and acting like TITLE III—GENERAL PROVISIONS previous question is ordered on the mo- they cannot make choices. Subtitle A—Recurring General Provisions The Medicare bill we are about to tion to instruct. There was no objection. Sec. 301. Increase in employee compensation bring to this floor represents signifi- and benefits authorized by law. cant, important, fundamental change. The SPEAKER pro tempore. The Sec. 302. Restriction on conduct of intelligence It represents increasing opportunity to question is on the motion to instruct activities. gain wellness care. It represents pre- offered by the gentlewoman from Or- Subtitle B—Intelligence scription drug coverage for the first egon (Ms. HOOLEY). Sec. 311. Authority of Federal Bureau of Inves- time in this Nation’s history. The question was taken; and the tigation to award personal serv- The Congress was controlled by the Speaker pro tempore announced that ices contracts. Democrats in 1965, when Medicare was the ayes appeared to have it. Sec. 312. Budget treatment of costs of acquisi- introduced, to 1995 when the Repub- Ms. HOOLEY of Oregon. Mr. Speaker, tion of major systems by the intelligence community. licans took over and, in that span of on that I demand the yeas and nays. Sec. 313. Modification of sunset of application time, no prescription drugs were added. The yeas and nays were ordered. of sanctions laws to intelligence So I ask the basic question. I have been The SPEAKER pro tempore. Pursu- activities. working on it since I came to Congress ant to clause 8 of rule XX and the Sec. 314. Modification of notice and wait rein 1995. We finally have a product on Chair’s prior announcement, further quirements on projects to con- the floor in 2003, a lot later than I proceedings on this motion will be struct or improve intelligence com- postponed. munity facilities. would have liked to, but under our ma- Sec. 315. Extension of deadline for final report jority, with President Bush and the f of the National Commission for Senate majority in Republican hands, CONFERENCE REPORT ON H.R. 2417, the Review of the Research and we are about to embark on a wellness INTELLIGENCE AUTHORIZATION Development Programs of the Medicare program for the 21st century. United States Intelligence Com- ACT FOR FISCAL YEAR 2004 munity. b 2015 Mr. GOSS (during consideration of Sec. 316. Improvement of information sharing So I appreciate the time of the gen- motion to instruct conferees on H.R. 1) among Federal, State, and local government officials. tlewoman from Oregon (Ms. HOOLEY), submitted the following conference re- Sec. 317. Pilot program on analysis of signals and I appreciate the House’s indul- port and statement on the bill (H.R. and other intelligence by intel- gence. 2417) to authorize appropriations for ligence analysts of various ele- Mr. Speaker, I yield back the balance fiscal year 2004 for intelligence and in- ments of the intelligence commu- of my time. telligence-related activities of the nity.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 7634 Sfmt 6343 E:\CR\FM\K19NO7.185 H19PT1 H11606 CONGRESSIONAL RECORD — HOUSE November 19, 2003

Sec. 318. Pilot program on recruitment and Sec. 502. Use of funds for counterdrug and (b) AUTHORIZED PERSONNEL LEVELS.—The ele- training of intelligence analysts. counterterrorism activities for Co- ments within the Intelligence Community Man- Sec. 319. Improvement of equality of employ- lombia. agement Account of the Director of Central In- ment opportunities in the intel- Sec. 503. Scene visualization technologies. telligence are authorized 310 full-time personnel ligence community. Sec. 504. Measurement and signatures intel- as of September 30, 2004. Personnel serving in Sec. 320. Sense of Congress on recruitment as ligence research program. such elements may be permanent employees of intelligence community personnel Sec. 505. Availability of funds of National Secu- the Intelligence Community Management Ac- of members of the Armed Forces rity Agency for national security count or personnel detailed from other elements on their discharge or release from scholarships. of the United States Government. duty. TITLE I—INTELLIGENCE ACTIVITIES (c) CLASSIFIED AUTHORIZATIONS.— Sec. 321. External Collection Capabilities and SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (1) AUTHORIZATION OF APPROPRIATIONS.—In Requirements Review Panel. Funds are hereby authorized to be appro- addition to amounts authorized to be appro- Subtitle C—Counterintelligence priated for fiscal year 2004 for the conduct of priated for the Intelligence Community Manage- Sec. 341. Counterintelligence initiatives for the the intelligence and intelligence-related activi- ment Account by subsection (a), there are also intelligence community. ties of the following elements of the United authorized to be appropriated for the Intel- Subtitle D—Reports States Government: ligence Community Management Account for Sec. 351. Report on cleared insider threat to (1) The Central Intelligence Agency. fiscal year 2004 such additional amounts as are classified computer networks. (2) The Department of Defense. specified in the classified Schedule of Author- Sec. 352. Report on security background inves- (3) The Defense Intelligence Agency. izations referred to in section 102(a). Such addi- (4) The National Security Agency. tigations and security clearance tional amounts for research and development (5) The Department of the Army, the Depart- procedures of the Federal Govern- shall remain available until September 30, 2005. ment of the Navy, and the Department of the ment. (2) AUTHORIZATION OF PERSONNEL.—In addi- Air Force. Sec. 353. Report on detail of civilian intelligence tion to the personnel authorized by subsection (6) The Department of State. personnel among elements of the (b) for elements of the Intelligence Community (7) The Department of the Treasury. intelligence community and the Management Account as of September 30, 2004, (8) The Department of Energy. there are also authorized such additional per- Department of Defense. (9) The Department of Justice. sonnel for such elements as of that date as are Sec. 354. Report on modifications of policy and (10) The Federal Bureau of Investigation. specified in the classified Schedule of Author- law on classified information to (11) The National Reconnaissance Office. facilitate sharing of information (12) The National Geospatial-Intelligence izations. for national security purposes. Agency. (d) REIMBURSEMENT.—Except as provided in Sec. 355. Report on strategic planning. (13) The Coast Guard. section 113 of the National Security Act of 1947 Sec. 356. Report on United States dependence (14) The Department of Homeland Security. (50 U.S.C. 404h), during fiscal year 2004 any of- on computer hardware and soft- ficer or employee of the United States or a mem- ware manufactured overseas. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS. ber of the Armed Forces who is detailed to the Sec. 357. Report on lessons learned from mili- (a) SPECIFICATIONS OF AMOUNTS AND PER- staff of the Intelligence Community Manage- tary operations in Iraq. SONNEL CEILINGS.—The amounts authorized to ment Account from another element of the Sec. 358. Reports on conventional weapons and be appropriated under section 101, and the au- United States Government shall be detailed on a ammunition obtained by Iraq in thorized personnel ceilings as of September 30, reimbursable basis, except that any such officer, violation of certain United Na- 2004, for the conduct of the intelligence and in- employee, or member may be detailed on a non- tions Security Council resolutions. telligence-related activities of the elements listed reimbursable basis for a period of less than one Sec. 359. Report on operations of Directorate of year for the performance of temporary functions Information Analysis and Infra- in such section, are those specified in the classified Schedule of Authorizations prepared to ac- as required by the Director of Central Intel- structure Protection and Terrorist ligence. Threat Integration Center. company the conference report on the bill H.R. (e) NATIONAL DRUG INTELLIGENCE CENTER.— Sec. 360. Report on Terrorist Screening Center. 2417 of the One Hundred Eighth Congress. Sec. 361. Repeal and modification of report re- (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF (1) IN GENERAL.—Of the amount authorized to quirements relating to intelligence AUTHORIZATIONS.—The Schedule of Authoriza- be appropriated in subsection (a), $47,142,000 activities. tions shall be made available to the Committees shall be available for the National Drug Intel- on Appropriations of the Senate and House of ligence Center. Within such amount, funds pro- Subtitle E—Other Matters Representatives and to the President. The Presi- vided for research, development, testing, and Sec. 371. Extension of suspension of reorganiza- dent shall provide for suitable distribution of evaluation purposes shall remain available until tion of Diplomatic Telecommuni- the Schedule, or of appropriate portions of the September 30, 2005, and funds provided for pro- cations Service Program Office. Schedule, within the executive branch. curement purposes shall remain available until Sec. 372. Modifications of authorities on explo- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. September 30, 2006. sive materials. (a) AUTHORITY FOR ADJUSTMENTS.—With the Sec. 373. Modification of prohibition on the (2) TRANSFER OF FUNDS.—The Director of Cen- approval of the Director of the Office of Man- naturalization of certain persons. tral Intelligence shall transfer to the Attorney agement and Budget, the Director of Central In- Sec. 374. Modification to definition of financial General funds available for the National Drug telligence may authorize employment of civilian institution in Right to Financial Intelligence Center under paragraph (1). The personnel in excess of the number authorized for Privacy Act. Attorney General shall utilize funds so trans- Sec. 375. Coordination of Federal Government fiscal year 2004 under section 102 when the Di- ferred for the activities of the National Drug In- research on security evaluations. rector of Central Intelligence determines that telligence Center. Sec. 376. Treatment of classified information in such action is necessary to the performance of (3) LIMITATION.—Amounts available for the money laundering cases. important intelligence functions, except that the National Drug Intelligence Center may not be Sec. 377. Technical amendments. number of personnel employed in excess of the used in contravention of the provisions of sec- number authorized under such section may not, TITLE IV—CENTRAL INTELLIGENCE tion 103(d)(1) of the National Security Act of for any element of the intelligence community, 1947 (50 U.S.C. 403–3(d)(1)). AGENCY exceed 2 percent of the number of civilian per- (4) AUTHORITY.—Notwithstanding any other Sec. 401. Amendment to certain Central Intel- sonnel authorized under such section for such provision of law, the Attorney General shall re- ligence Agency Act of 1949 notifi- element. tain full authority over the operations of the cation requirements. (b) NOTICE TO INTELLIGENCE COMMITTEES.— National Drug Intelligence Center. Sec. 402. Protection of certain Central Intel- The Director of Central Intelligence shall ligence Agency personnel from promptly notify the Select Committee on Intel- SEC. 105. OFFICE OF INTELLIGENCE AND ANAL- tort liability. ligence of the Senate and the Permanent Select YSIS OF THE DEPARTMENT OF THE Sec. 403. Repeal of obsolete limitation on use of Committee on Intelligence of the House of Rep- TREASURY. funds in central services working resentatives whenever the Director exercises the (a) ESTABLISHMENT OF OFFICE.—(1) Chapter 3 capital fund. authority granted by this section. of subtitle I of title 31, United States Code, is Sec. 404. Purchases by Central Intelligence SEC. 104. INTELLIGENCE COMMUNITY MANAGE- amended— Agency of products of Federal MENT ACCOUNT. (A) by redesignating section 311 as section 312; Prison Industries. (a) AUTHORIZATION OF APPROPRIATIONS.— and Sec. 405. Postponement of Central Intelligence There is authorized to be appropriated for the Agency compensation reform and (B) by inserting after section 310 the fol- Intelligence Community Management Account lowing: other matters. of the Director of Central Intelligence for fiscal TITLE V—DEPARTMENT OF DEFENSE year 2004 the sum of $221,513,000. Within such ‘‘§ 311. Office of Intelligence and Analysis INTELLIGENCE MATTERS amount, funds identified in the classified Sched- ‘‘(a) ESTABLISHMENT.—There is established Sec. 501. Protection of certain National Security ule of Authorizations referred to in section within the Department of the Treasury, the Of- Agency personnel from tort liabil- 102(a) for advanced research and development fice of Intelligence and Analysis (in this section ity. shall remain available until September 30, 2005. referred to as the ‘Office’), which shall—

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 7634 Sfmt 6333 E:\CR\FM\A19NO7.034 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11607 ‘‘(1) be responsible for the receipt, analysis, Schedule of Authorizations referred to in section ‘‘Sec. 302. Authority of Federal Bureau of In- collation, and dissemination of foreign intel- 102(a) or the classified annex to this Act, that vestigation to award personal ligence and foreign counterintelligence informa- involves the intelligence or intelligence-related services contracts.’’. tion (within the meaning of section 3 of the Na- activities of the Department of Defense or the (b) REPORTS ON EXERCISE OF AUTHORITY.—(1) tional Security Act of 1947 (50 U.S.C. 401a)) re- Department of Energy is prepared or conducted Not later than one year after the date of the en- lated to the operation and responsibilities of the in consultation with the Secretary of Defense or actment of this Act, and annually thereafter, Department of the Treasury; and the Secretary of Energy, as appropriate. the Director of the Federal Bureau of Investiga- ‘‘(2) have such other related duties and au- (2) The Secretary of Defense or the Secretary tion shall submit to the appropriate committees thorities as may be assigned to it by the Sec- of Energy may carry out any consultation re- of Congress a report on the exercise of the au- retary, subject to the authority, direction, and quired by this subsection through an official of thority in section 302 of the National Security control of the Secretary. the Department of Defense or the Department of Act of 1947, as added by subsection (a). ‘‘(b) ASSISTANT SECRETARY FOR INTELLIGENCE Energy, as the case may be, designated by such (2) Each report under this subsection shall in- AND ANALYSIS.—The Office shall be headed by Secretary for that purpose. clude, for the one-year period ending on the an Assistant Secretary, who shall be appointed (b) SUBMITTAL.—Any report, review, study, or date of such report, the following: by the President, by and with the advice and plan referred to in subsection (a) shall be sub- (A) The number of contracts entered into dur- consent of the Senate. The Assistant Secretary mitted, in addition to any other committee of ing the period. shall report directly to the Undersecretary of the Congress specified for submittal in the provision (B) The cost of each such contract. Treasury for Enforcement.’’. concerned, to the following committees of Con- (C) The length of each such contract. (2) The table of sections at the beginning of gress: (D) The types of services to be provided under chapter 3 of such title is amended by striking (1) The Committees on Armed Services and each such contract. the item relating to section 311 and inserting the Appropriations and the Select Committee on In- (E) The availability, if any, of United States following new items: telligence of the Senate. (2) The Committees on Armed Services and Government personnel to perform functions ‘‘311. Office of Intelligence and Analysis. Appropriations and the Permanent Select Com- similar to the services to be provided under each ‘‘312. Continuing in office.’’. mittee on Intelligence of the House of Represent- such contract. (F) The efforts of the Federal Bureau of In- (b) CONSTRUCTION OF AUTHORITY.—Nothing in atives. vestigation to fill available personnel vacancies, section 311 of title 31, United States Code (as TITLE II—CENTRAL INTELLIGENCE AGEN- amended by subsection (a)), shall be construed or request additional personnel positions, in CY RETIREMENT AND DISABILITY SYS- areas relating to the intelligence or counterintel- to alter the authorities and responsibilities of TEM the Director of Central Intelligence with respect ligence mission of the Bureau. SEC. 201. AUTHORIZATION OF APPROPRIATIONS. to the Office of Intelligence and Analysis of the (3) Each report under this subsection shall be There is authorized to be appropriated for the Department of the Treasury as an element of submitted in unclassified form, but may include Central Intelligence Agency Retirement and Dis- the intelligence community. a classified annex. ability Fund for fiscal year 2004 the sum of (4) In this subsection— (c) CONSULTATION WITH DCI IN APPOINTMENT $226,400,000. (A) for purposes of the submittal of the classi- OF ASSISTANT SECRETARY.—Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C. 403– TITLE III—GENERAL PROVISIONS fied annex to any report under this subsection, the term ‘‘appropriate committees of Congress’’ 6(b)(2)) is amended by adding at the end the fol- Subtitle A—Recurring General Provisions means— lowing: SEC. 301. INCREASE IN EMPLOYEE COMPENSA- ‘‘(E) The Assistant Secretary for Intelligence (i) the Select Committee on Intelligence of the TION AND BENEFITS AUTHORIZED Senate; and and Analysis of the Department of the Treas- BY LAW. (ii) the Permanent Select Committee on Intel- ury.’’. Appropriations authorized by this Act for sal- ligence of the House of Representatives; and (d) CONFORMING AMENDMENTS.— ary, pay, retirement, and other benefits for Fed- (B) for purposes of the submittal of the un- (1) NATIONAL SECURITY ACT.—Section 3(4) of eral employees may be increased by such addi- classified portion of any report under this sub- the National Security Act of 1947 (50 U.S.C. tional or supplemental amounts as may be nec- section, the term ‘‘appropriate committees of 401a(4)) is amended— essary for increases in such compensation or Congress’’ means— (A) in subparagraph (H), by striking ‘‘the De- benefits authorized by law. (i) the committees specified in subparagraph partment of the Treasury,’’; SEC. 302. RESTRICTION ON CONDUCT OF INTEL- (B) by redesignating subparagraphs (J) and (A); LIGENCE ACTIVITIES. (ii) the Committees on Appropriations, Gov- (K) as subparagraphs (K) and (L), respectively; The authorization of appropriations by this and ernmental Affairs, and the Judiciary of the Sen- Act shall not be deemed to constitute authority ate; and (C) by inserting after subparagraph (I) the for the conduct of any intelligence activity following new subparagraph (J): (iii) the Committees on Appropriations, Gov- which is not otherwise authorized by the Con- ernment Reform and Oversight, and the Judici- ‘‘(J) the Office of Intelligence and Analysis of stitution or the laws of the United States. the Department of the Treasury;’’. ary of the House of Representatives. Subtitle B—Intelligence (2) TITLE 31.—Section 301(e) of title 31, United SEC. 312. BUDGET TREATMENT OF COSTS OF AC- States Code, is amended by striking ‘‘7’’ and in- SEC. 311. AUTHORITY OF FEDERAL BUREAU OF QUISITION OF MAJOR SYSTEMS BY serting ‘‘8’’. INVESTIGATION TO AWARD PER- THE INTELLIGENCE COMMUNITY. SONAL SERVICES CONTRACTS. (3) TITLE 5.—Section 5315 of title 5, United (a) FINDINGS.—Congress makes the following States Code, is amended in the item relating to (a) AUTHORITY.—(1) Title III of the National findings: Assistant Secretaries of the Treasury by striking Security Act of 1947 is amended by inserting (1) Funds within the National Foreign Intel- ‘‘(7)’’ and inserting ‘‘(8)’’. after section 301 (50 U.S.C. 409a) the following ligence Program often must be shifted from pro- new section: gram to program and from fiscal year to fiscal SEC. 106. INCORPORATION OF REPORTING RE- QUIREMENTS. ‘‘AUTHORITY OF FEDERAL BUREAU OF INVESTIGA- year to address funding shortfalls caused by sig- TION TO AWARD PERSONAL SERVICES CONTRACTS (a) IN GENERAL.—Each requirement to submit nificant increases in the costs of acquisition of a report to the congressional intelligence com- ‘‘SEC. 302. (a) IN GENERAL.—The Director of major systems by the intelligence community. mittees that is included in the joint explanatory the Federal Bureau of Investigation may enter (2) While some increases in the costs of acqui- statement to accompany the conference report into personal services contracts if the personal sition of major systems by the intelligence com- on the bill H.R. 2417 of the One Hundred Eighth services to be provided under such contracts di- munity are unavoidable, the magnitude of Congress, or in the classified annex to this Act, rectly support the intelligence or counterintel- growth in the costs of acquisition of many major is hereby incorporated into this Act, and is here- ligence missions of the Federal Bureau of Inves- systems indicates a systemic bias within the in- by made a requirement in law. tigation. telligence community to underestimate the costs (b) CONGRESSIONAL INTELLIGENCE COMMITTEES ‘‘(b) INAPPLICABILITY OF CERTAIN REQUIRE- of such acquisition, particularly in the prelimi- DEFINED.—In this section, the term ‘‘congres- MENTS.—Contracts under subsection (a) shall nary stages of development and production. sional intelligence committees’’ means— not be subject to the annuity offset requirements (3) Decisions by Congress to fund the acquisi- (1) the Select Committee on Intelligence of the of sections 8344 and 8468 of title 5, United States tion of major systems by the intelligence commu- Senate; and Code, the requirements of section 3109 of title 5, nity rely significantly upon initial estimates of (2) the Permanent Select Committee on Intel- United States Code, or any law or regulation re- the affordability of acquiring such major sys- ligence of the House of Representatives. quiring competitive contracting. tems and occur within a context in which funds ‘‘(c) CONTRACT TO BE APPROPRIATE MEANS OF can be allocated for a variety of alternative pro- SEC. 107. PREPARATION AND SUBMITTAL OF RE- PORTS, REVIEWS, STUDIES, AND SECURING SERVICES.—The Chief Contracting Of- grams. Thus, substantial increases in costs of PLANS RELATING TO INTELLIGENCE ficer of the Federal Bureau of Investigation acquisition of major systems place significant ACTIVITIES OF DEPARTMENT OF DE- shall ensure that each personal services contract burdens on the availability of funds for other FENSE OR DEPARTMENT OF ENERGY. entered into by the Director under this section is programs and new proposals within the Na- (a) CONSULTATION IN PREPARATION.—(1) The the appropriate means of securing the services tional Foreign Intelligence Program. Director of Central Intelligence shall ensure to be provided under such contract.’’. (4) Independent cost estimates, prepared by that any report, review, study, or plan required (2) The table of contents for that Act is independent offices, have historically rep- to be prepared or conducted by a provision of amended by inserting after the item relating to resented a more accurate projection of the costs this Act, including a provision of the classified section 301 the following new item: of acquisition of major systems.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 7634 Sfmt 6333 E:\CR\FM\A19NO7.036 H19PT1 H11608 CONGRESSIONAL RECORD — HOUSE November 19, 2003 (5) Recognizing the benefits associated with independent cost estimates, and any updates development and procurement of the program independent cost estimates for the acquisition of thereof, under subsection (a), unless a designa- and any other costs associated with the develop- major systems, the Secretary of Defense has tion is made under paragraph (2). ment and procurement of systems required to built upon the statutory requirement in section ‘‘(2) In the case of the acquisition of a major support or utilize the program.’’. 2434 of title 10, United States Code, to develop system for an element of the intelligence commu- (2) The table of contents for the National Se- and consider independent cost estimates for the nity within the Department of Defense, the Di- curity Act of 1947 is amended by inserting after acquisition of such systems by mandating the rector and the Secretary of Defense shall pro- the item relating to section 506 the following use of such estimates in budget requests of the vide that the independent cost estimate, and new item: any updates thereof, under subsection (a) be Department of Defense. ‘‘Sec. 506A. Budget treatment of costs of acquisi- prepared by an entity jointly designated by the (6) The mandatory use throughout the intel- tion of major systems by the intel- Director and the Secretary in accordance with ligence community of independent cost estimates ligence community.’’. for the acquisition of major systems will assist section 2434(b)(1)(A) of title 10, United States the President and Congress in the development Code. (c) EFFECTIVE DATE.—The amendments made and funding of budgets which more accurately ‘‘(c) UTILIZATION IN BUDGETS OF PRESIDENT.— by subsection (b) shall take effect on the date of reflect the requirements and priorities of the (1) If the budget of the President requests appro- the enactment of this Act. United States Government for intelligence and priations for any fiscal year for the development (d) LIMITATIONS.—(1)(A) For each major sys- intelligence-related activities. or procurement of a major system by the intel- tem for which funds have been authorized for a (b) BUDGET TREATMENT OF COSTS OF ACQUISI- ligence community, the President shall, subject fiscal year before fiscal year 2005, or for which TION OF MAJOR SYSTEMS.—(1) Title V of the Na- to paragraph (2), request in such budget an funds are sought in the budget of the President tional Security Act of 1947 (50 U.S.C. 413 et seq.) amount of appropriations for the development or for fiscal year 2005, as submitted to Congress is amended by inserting after section 506 the fol- procurement, as the case may be, of the major pursuant to section 1105(a) of title 31, United lowing new section: system that is equivalent to the amount of ap- States Code, and for which no independent cost ‘‘BUDGET TREATMENT OF COSTS OF ACQUISITION propriations identified in the most current inde- estimate has been provided to Congress, no con- OF MAJOR SYSTEMS BY THE INTELLIGENCE COM- pendent cost estimate for the major system for tract, or option to contract, for the procurement MUNITY obligation for each fiscal year for which appro- or acquisition of such major system may be entered into, or option to contract be exercised, be- ‘‘SEC. 506A. (a) INDEPENDENT COST ESTI- priations are requested for the major system in fore the date of the enactment of an Act to au- MATES.—(1) The Director of Central Intelligence such budget. shall, in consultation with the head of each ele- ‘‘(2) If the amount of appropriations requested thorize appropriations for fiscal year 2005 for in- ment of the intelligence community concerned, in the budget of the President for the develop- telligence and intelligence-related activities of prepare an independent cost estimate of the full ment or procurement of a major system is less the United States Government. life-cycle cost of development, procurement, and than the amount of appropriations identified in (B) Subparagraph (A) shall not affect any operation of each major system to be acquired the most current independent cost estimate for contract for procurement or acquisition that was by the intelligence community. the major system for obligation for each fiscal entered into before the date of the enactment of ‘‘(2) Each independent cost estimate for a year for which appropriations are requested for this Act. (2) Commencing as of the date of the submittal major system shall, to the maximum extent prac- the major system in such budget, the President to Congress of the budget of the President for ticable, specify the amount required to be appro- shall include in the budget justification mate- fiscal year 2006 pursuant to section 1105(a) of priated and obligated to develop, procure, and rials submitted to Congress in support of such title 31, United States Code, no funds may be ob- operate the major system in each fiscal year of budget— ‘‘(A) an explanation for the difference be- ligated or expended for the development or pro- the proposed period of development, procure- tween the amount of appropriations requested curement of a major system until the President ment, and operation of the major system. and the amount of appropriations identified in has complied with the requirements of section ‘‘(3)(A) In the case of a program of the intel- the most current independent cost estimate; 506A of the National Security Act of 1947 (as ligence community that qualifies as a major sys- ‘‘(B) a description of the importance of the added by subsection (b)) with respect to such tem, an independent cost estimate shall be pre- major system to the national security; major system. pared before the submission to Congress of the ‘‘(C) an assessment of the consequences for (3) In this subsection, the terms ‘‘independent budget of the President for the first fiscal year the funding of all programs of the National For- cost estimate’’ and ‘‘major system’’ have the in which appropriated funds are anticipated to eign Intelligence Program in future fiscal years meaning given such terms in subsection (e) of be obligated for the development or procurement if the most current independent cost estimate for section 506A of the National Security Act of 1947 of such major system. the major system is accurate and additional ap- (as so added). ‘‘(B) In the case of a program of the intel- propriations are required in future fiscal years ligence community for which an independent SEC. 313. MODIFICATION OF SUNSET OF APPLICA- to ensure the continued development or procure- TION OF SANCTIONS LAWS TO IN- cost estimate was not previously required to be ment of the major system, including the con- TELLIGENCE ACTIVITIES. prepared under this section, including a pro- sequences of such funding shortfalls on the (a) MODIFICATION.—Section 905 of the Na- gram for which development or procurement major system and all other programs of the Na- tional Security Act of 1947 (50 U.S.C. 441d) is re- commenced before the date of the enactment of tional Foreign Intelligence Program; and pealed. the Intelligence Authorization Act for Fiscal ‘‘(D) such other information on the funding of (b) CLERICAL AMENDMENT.—The table of con- Year 2004, if the aggregate future costs of devel- the major system as the President considers ap- tents for that Act is amended by striking the opment or procurement (or any combination of propriate. item relating to section 905. such activities) of the program will exceed ‘‘(d) INCLUSION OF ESTIMATES IN BUDGET JUS- SEC. 314. MODIFICATION OF NOTICE AND WAIT $500,000,000 (in current fiscal year dollars), the TIFICATION MATERIALS.—The budget justifica- REQUIREMENTS ON PROJECTS TO program shall qualify as a major system for pur- tion materials submitted to Congress in support CONSTRUCT OR IMPROVE INTEL- poses of this section, and an independent cost of the budget of the President shall include the LIGENCE COMMUNITY FACILITIES. estimate for such major system shall be prepared most current independent cost estimate under (a) INCREASE OF THRESHOLDS FOR NOTICE.— before the submission to Congress of the budget this section for each major system for which ap- Subsection (a) of section 602 of the Intelligence of the President for the first fiscal year there- propriations are requested in such budget for Authorization Act for Fiscal Year 1995 (Public after in which appropriated funds are antici- any fiscal year. Law 103–359; 108 Stat. 3432; 50 U.S.C. 403–2b(a)) pated to be obligated for such major system. ‘‘(e) DEFINITIONS.—In this section: is amended— ‘‘(4) The independent cost estimate for a major ‘‘(1) The term ‘budget of the President’ means (1) by striking ‘‘$750,000’’ each place it ap- system shall be updated upon— the budget of the President for a fiscal year as pears and inserting ‘‘$5,000,000’’; and ‘‘(A) the completion of any preliminary design submitted to Congress under section 1105(a) of (2) by striking ‘‘$500,000’’ each place it ap- review associated with the major system; title 31, United States Code. pears and inserting ‘‘$1,000,000’’. ‘‘(B) any significant modification to the an- ‘‘(2) The term ‘independent cost estimate’ (b) NOTICE AND WAIT REQUIREMENTS FOR ticipated design of the major system; or means a pragmatic and neutral analysis, assess- EMERGENCY PROJECTS.—Subsection (b)(2) of ‘‘(C) any change in circumstances that ren- ment, and quantification of all costs and risks that section is amended— ders the current independent cost estimate for associated with the acquisition of a major sys- (1) by redesignating subparagraphs (A), (B), the major system inaccurate. tem, which shall be based on programmatic and and (C) as clauses (i), (ii), and (iii), respectively; ‘‘(5) Any update of an independent cost esti- technical specifications provided by the office (2) by inserting ‘‘(A)’’ after ‘‘(2) REPORT.—’’; mate for a major system under paragraph (4) within the element of the intelligence commu- (3) by striking ‘‘21-day period’’ and inserting shall meet all requirements for independent cost nity with primary responsibility for the develop- ‘‘7-day period’’; and estimates under this section, and shall be treatment, procurement, or operation of the major (4) by adding at the end the following new ed as the most current independent cost estimate system. subparagraph: for the major system until further updated ‘‘(3) The term ‘major system’ means any sig- ‘‘(B) Notwithstanding subparagraph (A), a under that paragraph. nificant program of an element of the intel- project referred to in paragraph (1) may begin ‘‘(b) PREPARATION OF INDEPENDENT COST ES- ligence community with projected total develop- on the date the notification is received by the TIMATES.—(1) The Director shall establish with- ment and procurement costs exceeding appropriate committees of Congress under that in the Office of the Deputy Director of Central $500,000,000 (in current fiscal year dollars), paragraph if the Director of Central Intelligence Intelligence for Community Management an of- which costs shall include all end-to-end pro- and the Secretary of Defense jointly determine fice which shall be responsible for preparing gram costs, including costs associated with the that—

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‘‘(i) an emergency exists with respect to the (b) COVERED INTELLIGENCE.—The intelligence SEC. 318. PILOT PROGRAM ON RECRUITMENT national security or the protection of health, to be analyzed under the pilot program under AND TRAINING OF INTELLIGENCE safety, or environmental quality; and subsection (a) shall include the following: ANALYSTS. ‘‘(ii) any delay in the commencement of the (1) Signals intelligence of the National Secu- (a) PILOT PROGRAM.—(1) The Director of Cen- project would harm any or all of those inter- rity Agency. tral Intelligence shall carry out a pilot program ests.’’. (2) Such intelligence of other elements of the to ensure that selected students or former students are provided funds to continue academic SEC. 315. EXTENSION OF DEADLINE FOR FINAL intelligence community as the Director shall se- REPORT OF THE NATIONAL COMMIS- lect for purposes of the pilot program. training, or are reimbursed for academic train- SION FOR THE REVIEW OF THE RE- (c) OBJECTIVES.—The objectives set forth in ing previously obtained, in areas of specializa- SEARCH AND DEVELOPMENT PRO- this subsection are as follows: tion that the Director, in consultation with the GRAMS OF THE UNITED STATES IN- (1) To enhance the capacity of the intelligence other heads of the elements of the intelligence TELLIGENCE COMMUNITY. community to undertake ‘‘all source fusion’’ community, identifies as areas in which the cur- (a) IN GENERAL.—Subsection (a) of section analysis in support of the intelligence and intel- rent analytic capabilities of the intelligence 1007 of the Intelligence Authorization Act for ligence-related missions of the intelligence com- community are deficient or in which future ana- Fiscal Year 2003 (Public Law 107–306; 50 U.S.C. munity. lytic capabilities of the intelligence community 401 note; 116 Stat. 2442) is amended by striking (2) To reduce, to the extent possible, the are likely to be deficient. ‘‘September 1, 2003’’ and inserting ‘‘September 1, amount of intelligence collected by the intel- (2) A student or former student selected for 2004’’. ligence community that is not assessed, or re- participation in the pilot program shall commit (b) EFFECTIVE DATE.—The amendment made viewed, by intelligence analysts. to employment with an element of the intel- by subsection (a) shall take effect as if included (3) To reduce the burdens imposed on analyt- ligence community, following completion of ap- in the enactment of section 1007 of the Intel- ical personnel of the elements of the intelligence propriate academic training, under such terms ligence Authorization Act for Fiscal Year 2003. community by current practices regarding the and conditions as the Director considers appro- SEC. 316. IMPROVEMENT OF INFORMATION SHAR- sharing of intelligence among elements of the in- priate. ING AMONG FEDERAL, STATE, AND telligence community. (3) The pilot program shall be known as the LOCAL GOVERNMENT OFFICIALS. Pat Roberts Intelligence Scholars Program. (d) COMMENCEMENT.—The Director shall com- (a) TRAINING PROGRAM FOR STATE AND LOCAL (b) ELEMENTS.—In carrying out the pilot pro- mence the pilot program under subsection (a) OFFICIALS.—Section 892(c) of the Homeland Se- gram under subsection (a), the Director shall— not later than December 31, 2003. curity Act of 2002 (Public Law 107–296; 6 U.S.C. (1) establish such requirements relating to the (e) VARIOUS MECHANISMS REQUIRED.—In car- 482) is amended by adding at the end the fol- academic training of participants as the Direc- rying out the pilot program under subsection lowing new paragraph: tor considers appropriate to ensure that partici- (a), the Director shall develop and utilize var- ‘‘(3)(A) The Secretary shall establish a pro- pants are prepared for employment as intel- ious mechanisms to facilitate the access to, and gram to provide appropriate training to officials ligence analysts; and the analysis of, intelligence in the databases of described in subparagraph (B) in order to assist (2) periodically review the areas of specializa- the intelligence community by intelligence ana- such officials in— tion of the elements of the intelligence commu- lysts of other elements of the intelligence com- ‘‘(i) identifying sources of potential terrorist nity to determine the areas in which such ele- munity, including the use of so-called ‘‘detailees threats through such methods as the Secretary ments are, or are likely to be, deficient in ana- in place’’. determines appropriate; lytic capabilities. (f) SECURITY.—(1) In carrying out the pilot ‘‘(ii) reporting information relating to such (c) DURATION.—The Director shall carry out potential terrorist threats to the appropriate program under subsection (a), the Director shall the pilot program under subsection (a) during Federal agencies in the appropriate form and take appropriate actions to protect against the fiscal years 2004 through 2006. disclosure and unauthorized use of intelligence manner; (d) LIMITATION ON NUMBER OF MEMBERS DUR- in the databases of the elements of the intel- ‘‘(iii) assuring that all reported information is ING FISCAL YEAR 2004.—The total number of in- systematically submitted to and passed on by ligence community which may endanger sources dividuals participating in the pilot program the Department for use by appropriate Federal and methods which (as determined by the Direc- under subsection (a) during fiscal year 2004 may agencies; and tor) warrant protection. not exceed 150 students. ‘‘(iv) understanding the mission and roles of (2) The actions taken under paragraph (1) (e) RESPONSIBILITY.—The Director shall carry the intelligence community to promote more ef- shall include the provision of training on the out the pilot program under subsection (a) fective information sharing among Federal, accessing and handling of information in the through the Assistant Director of Central Intel- State, and local officials and representatives of databases of various elements of the intelligence ligence for Analysis and Production. the private sector to prevent terrorist attacks community and the establishment of limitations (f) REPORTS.—(1) Not later than 120 days after against the United States. on access to information in such databases re- the date of the enactment of this Act, the Direc- ‘‘(B) The officials referred to in subparagraph garding United States persons. tor shall submit to Congress a preliminary report (A) are officials of State and local government (g) ASSESSMENT.—Not later than February 1, on the pilot program under subsection (a), in- agencies and representatives of private sector 2004, after the commencement under subsection cluding a description of the pilot program and entities with responsibilities relating to the over- (d) of the pilot program under subsection (a), the authorities to be utilized in carrying out the sight and management of first responders, the Under Secretary of Defense for Intelligence pilot program. counterterrorism activities, or critical infrastruc- and the Assistant Director of Central Intel- (2) Not later than one year after the com- ture. ligence for Analysis and Production shall joint- mencement of the pilot program, the Director ‘‘(C) The Secretary shall consult with the At- ly carry out an assessment of the progress of the shall submit to Congress a report on the pilot torney General to ensure that the training pro- pilot program in meeting the objectives set forth program. The report shall include— gram established in subparagraph (A) does not in subsection (c). (A) a description of the activities under the duplicate the training program established in (h) REPORT.—(1) The Director of Central In- pilot program, including the number of individ- section 908 of the USA PATRIOT Act (Public telligence shall, in coordination with the Sec- uals who participated in the pilot program and Law 107–56; 28 U.S.C. 509 note). retary of Defense, submit to the appropriate the training provided such individuals under ‘‘(D) The Secretary shall carry out this para- committees of Congress a report on the assess- the pilot program; graph in consultation with the Director of Cen- ment carried out under subsection (g). (B) an assessment of the effectiveness of the tral Intelligence and the Attorney General.’’. (2) The report shall include— pilot program in meeting the purpose of the pilot (b) REPORT.—Not later than 60 days after the (A) a description of the pilot program under program; and date of the enactment of this Act, the Secretary subsection (a); (C) any recommendations for additional legis- of Homeland Security shall submit to Congress a (B) the findings of the Under Secretary and lative or administrative action that the Director report that describes the Secretary’s plan for im- Assistant Director as a result of the assessment; considers appropriate in light of the pilot pro- plementing section 892 of the Homeland Security (C) any recommendations regarding the pilot gram. Act of 2002 and includes an estimated date of program that the Under Secretary and the As- (g) FUNDING.—Of the amounts authorized to completion of the implementation. sistant Director jointly consider appropriate in be appropriated by this Act, $4,000,000 shall be light of the assessment; and SEC. 317. PILOT PROGRAM ON ANALYSIS OF SIG- available until expended to carry out this sec- NALS AND OTHER INTELLIGENCE BY (D) any recommendations that the Director tion. INTELLIGENCE ANALYSTS OF VAR- and Secretary consider appropriate for purposes SEC. 319. IMPROVEMENT OF EQUALITY OF EM- IOUS ELEMENTS OF THE INTEL- of the report. PLOYMENT OPPORTUNITIES IN THE LIGENCE COMMUNITY. (i) APPROPRIATE COMMITTEES OF CONGRESS INTELLIGENCE COMMUNITY. (a) IN GENERAL.—The Director of Central In- DEFINED.—In this section, the term ‘‘appro- (a) FINDINGS.—Congress makes the following telligence shall, in coordination with the Sec- priate committees of Congress’’ means— findings: retary of Defense, carry out a pilot program to (1) the Select Committee on Intelligence, the (1) It is the recommendation of the Joint In- assess the feasibility and advisability of permit- Committee on Armed Services, and the Com- quiry of the Senate Select Committee on Intel- ting intelligence analysts of various elements of mittee on Appropriations of the Senate; and ligence and the House Permanent Select Com- the intelligence community to access and ana- (2) the Permanent Select Committee on Intel- mittee on Intelligence into Intelligence Commu- lyze intelligence from the databases of other ele- ligence, the Committee on Armed Services, and nity Activities Before and After the Terrorist At- ments of the intelligence community in order to the Committee on Appropriations of the House tacks of September 11, 2001, that the Intelligence achieve the objectives set forth in subsection (c). of Representatives. Community should enhance recruitment of a

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SEC. 321. EXTERNAL COLLECTION CAPABILITIES related pleadings in espionage prosecutions. Particular emphasis should be given to the re- AND REQUIREMENTS REVIEW Subtitle D—Reports cruitment of United States citizens whose lin- PANEL. guistic capabilities are acutely required for the The President may establish an External Col- SEC. 351. REPORT ON CLEARED INSIDER THREAT TO CLASSIFIED COMPUTER NET- improvement of the overall intelligence collec- lection Capabilities and Requirements Review WORKS. Panel as specified in the classified annex to this tion and analysis effort of the United States (a) REPORT REQUIRED.—The Director of Cen- Act. Government. tral Intelligence and the Secretary of Defense (3) The Intelligence Community has a signifi- Subtitle C—Counterintelligence shall jointly submit to the appropriate commit- cantly lower percentage of women and minori- SEC. 341. COUNTERINTELLIGENCE INITIATIVES tees of Congress a report on the risks to the na- ties than the total workforce of the Federal gov- FOR THE INTELLIGENCE COMMU- tional security of the United States of the cur- ernment and the total civilian labor force. NITY. rent computer security practices of the elements (4) Women and minorities continue to be (a) IN GENERAL.—(1) Title XI of the National of the intelligence community and of the De- under-represented in senior grade levels, and in Security Act of 1947 (50 U.S.C. 401 et seq.) is partment of Defense. core mission areas, of the intelligence commu- amended by adding at the end the following (b) ASSESSMENTS.—The report under sub- nity. new section: section (a) shall include an assessment of the (b) PILOT PROJECT TO PROMOTE EQUALITY OF ‘‘COUNTERINTELLIGENCE INITIATIVES following: EMPLOYMENT OPPORTUNITIES FOR WOMEN AND ‘‘SEC. 1102. (a) INSPECTION PROCESS.—(1) In (1) The vulnerability of the computers and MINORITIES THROUGHOUT THE INTELLIGENCE order to protect intelligence sources and meth- computer systems of the elements of the intel- COMMUNITY USING INNOVATIVE METHODOLO- ods from unauthorized disclosure, the Director ligence community, and of the Department of GIES.—The Director of Central Intelligence shall of Central Intelligence shall establish and imple- Defense, to various threats from foreign govern- carry out a pilot project under this section to ment an inspection process for all agencies and ments, international terrorist organizations, and test and evaluate alternative, innovative meth- departments of the United States that handle organized crime, including information warfare ods to promote equality of employment opportu- classified information relating to the national (IW), Information Operations (IO), Computer nities in the intelligence community for women, security of the United States intended to assure Network Exploitation (CNE), and Computer Net- minorities, and individuals with diverse ethnic that those agencies and departments maintain work Attack (CNA). and cultural backgrounds, skills, language pro- effective operational security practices and pro- (2) The risks of providing users of local area ficiency, and expertise. grams directed against counterintelligence ac- networks (LANs) or wide-area networks (WANs) (c) METHODS.—In carrying out the pilot tivities. of computers that include classified information project, the Director shall employ methods to in- ‘‘(2) The Director shall carry out the process with capabilities for electronic mail, upload and crease diversity of officers and employees in the through the Office of the National Counterintel- download, or removable storage media without intelligence community. ligence Executive. also deploying comprehensive computer fire- (d) DURATION OF PROJECT.—The Director ‘‘(b) ANNUAL REVIEW OF DISSEMINATION walls, accountability procedures, or other ap- shall carry out the project under this section for LISTS.—(1) The Director of Central Intelligence propriate security controls. a 3-year period. shall establish and implement a process for all (3) Any other matters that the Director and (e) REPORT.—Not later than 2 years after the elements of the intelligence community to re- the Secretary jointly consider appropriate for date the Director implements the pilot project view, on an annual basis, individuals included purposes of the report. under this section, the Director shall submit to on distribution lists for access to classified infor- (c) INFORMATION ON ACCESS TO NETWORKS.— Congress a report on the project. The report mation. Such process shall ensure that only in- The report under subsection (a) shall also in- shall include— dividuals who have a particularized ‘need to (1) an assessment of the effectiveness of the clude information as follows: know’ (as determined by the Director) are con- (1) An estimate of the number of access points project; and tinued on such distribution lists. (2) recommendations on the continuation of on each classified computer or computer system ‘‘(2) Not later than October 15 of each year, of an element of the intelligence community or the project, as well recommendations as for im- the Director shall certify to the congressional proving the effectiveness of the project in meet- the Department of Defense that permit unsuper- intelligence committees that the review required vised uploading or downloading of classified in- ing the goals of promoting equality of employ- under paragraph (1) has been conducted in all ment opportunities in the intelligence commu- formation, set forth by level of classification. elements of the intelligence community during (2) An estimate of the number of individuals nity for women, minorities, and individuals with the preceding fiscal year. diverse ethnic and cultural backgrounds, skills, utilizing such computers or computer systems ‘‘(c) COMPLETION OF FINANCIAL DISCLOSURE who have access to input-output devices on language proficiency, and expertise. STATEMENTS REQUIRED FOR ACCESS TO CERTAIN IVERSITY LAN such computers or computer systems. (f) D P .—(1) Not later than Feb- CLASSIFIED INFORMATION.—(1) The Director of ruary 15, 2004, the Director of Central Intel- (3) A description of the policies and proce- Central Intelligence shall establish and imple- dures governing the security of the access points ligence shall submit to Congress a report which ment a process by which each head of an ele- describes the plan of the Director, entitled the referred to in paragraph (1), and an assessment ment of the intelligence community directs that of the adequacy of such policies and procedures. ‘‘DCI Diversity Strategic Plan’’, and any subse- all employees of that element, in order to be quent revision to that plan, to increase diversity (4) An assessment of the viability of utilizing granted access to classified information referred other technologies (including so-called ‘‘thin cli- of officers and employees in the intelligence to in subsection (a) of section 1.3 of Executive community, including the short- and long-term ent servers’’) to achieve enhanced security of Order No. 12968 (August 2, 1995; 60 F.R. 40245; such computers and computer systems through goals of the plan. The report shall also provide 50 U.S.C. 435 note), submit financial disclosure a detailed description of the progress that has more rigorous control of access to such com- forms as required under subsection (b) of such puters and computer systems. been made by each element of the intelligence section. community in implementing the plan. (d) RECOMMENDATIONS.—The report under ‘‘(2) The Director shall carry out paragraph subsection (a) shall also include such rec- (2) In implementing the plan, the Director (1) through the Office of the National Counter- shall incorporate innovative methods for recruit- ommendations for modifications or improve- intelligence Executive. ments of the current computer security practices ment and hiring that the Director has deter- ‘‘(d) ARRANGEMENTS TO HANDLE SENSITIVE IN- mined to be effective from the pilot project car- of the elements of the intelligence community, FORMATION.—The Director of Central Intel- and of the Department of Defense, as the Direc- ried out under this section. ligence shall establish, for all elements of the in- (g) INTELLIGENCE COMMUNITY DEFINED.—In tor and the Secretary jointly consider appro- telligence community, programs and procedures priate as a result of the assessments under sub- this section, the term ‘‘intelligence community’’ by which sensitive classified information relat- has the meaning given that term in section 3(4) section (b) and the information under subsection ing to human intelligence is safeguarded against (c). of the National Security Act of 1947 (50 U.S.C. unauthorized disclosure by employees of those 401(4)). (e) SUBMITTAL DATE.—The report under sub- elements.’’. section (a) shall be submitted not later than SEC. 320. SENSE OF CONGRESS ON RECRUITMENT (2) The table of contents contained in the first February 15, 2004. AS INTELLIGENCE COMMUNITY PER- section of such Act is amended in the items re- (f) FORM.—The report under subsection (a) SONNEL OF MEMBERS OF THE lating to title XI by adding at the end the fol- ARMED FORCES ON THEIR DIS- may be submitted in classified or unclassified CHARGE OR RELEASE FROM DUTY. lowing new item: form, at the election of the Director. It is the sense of Congress that the elements of ‘‘Sec. 1102. Counterintelligence initiatives.’’. (g) DEFINITIONS.—In this section: the intelligence community should, in the course (b) INTELLIGENCE AND NATIONAL SECURITY AS- (1) The term ‘‘appropriate committees of Con- of their civilian recruitment efforts in the PECTS OF ESPIONAGE PROSECUTIONS.—The Attor- gress’’ means—

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(A) the Select Committee on Intelligence and (c) SUBMITTAL DATE.—The report under sub- (2) The improvement of coordination between the Committee on Armed Services of the Senate; section (a) shall be submitted not later than the Department and the intelligence community and February 15, 2004. on strategic and budgetary planning. (B) the Permanent Select Committee on Intel- (d) DEFINITIONS.—In this section: (b) FORM.—The report under subsection (a) ligence and the Committee on Armed Services of (1) The term ‘‘appropriate committees of Con- may be submitted in classified form. the House of Representatives. gress’’ means— (c) APPROPRIATE COMMITTEES OF CONGRESS (2) The term ‘‘elements of the intelligence com- (A) the Select Committee on Intelligence and DEFINED.—In this section, the term ‘‘appro- munity’’ means the elements of the intelligence the Committees on Armed Services, Govern- priate committees of Congress’’ means— community set forth in or designated under sec- mental Affairs, and the Judiciary of the Senate; (1) the Select Committee on Intelligence and tion 3(4) of the National Security Act of 1947 (50 and the Committee on Armed Services of the Senate; U.S.C. 401a(4)). (B) the Permanent Select Committee on Intel- and ligence and the Committees on Armed Services, SEC. 352. REPORT ON SECURITY BACKGROUND (2) the Permanent Select Committee on Intel- INVESTIGATIONS AND SECURITY Government Reform, and the Judiciary of the ligence and the Committee on Armed Services of CLEARANCE PROCEDURES OF THE House of Representatives. the House of Representatives. FEDERAL GOVERNMENT. (2) The term ‘‘elements of the intelligence com- SEC. 356. REPORT ON UNITED STATES DEPEND- (a) REPORT REQUIRED.—The Director of Cen- munity’’ means the elements of the intelligence ENCE ON COMPUTER HARDWARE tral Intelligence, the Secretary of Defense, the community set forth in or designated under sec- AND SOFTWARE MANUFACTURED Attorney General, the Director of the Office of tion 3(4) of the National Security Act of 1947 (50 OVERSEAS. Personnel Management, and the heads of other U.S.C. 401a(4)). (a) REPORT.—Not later than February 15, appropriate Federal departments and agencies (3) The term ‘‘heads of the elements of the in- 2004, the Director of Central Intelligence shall (as determined by the President) shall jointly telligence community’’ includes the Secretary of submit to the appropriate committees of Con- submit to the appropriate committees of Con- Defense with respect to each element of the in- gress a report on the extent of United States de- gress a report on the utility and effectiveness of telligence community within the Department of pendence on computer hardware or software the current security background investigations Defense or the military departments. that is manufactured overseas. and security clearance procedures of the Fed- SEC. 354. REPORT ON MODIFICATIONS OF POLICY (b) ELEMENTS.—The report under subsection eral Government in meeting the purposes of AND LAW ON CLASSIFIED INFORMA- (a) shall address the following: (1) The extent to which the United States cur- such investigations and procedures. TION TO FACILITATE SHARING OF INFORMATION FOR NATIONAL SECU- rently depends on computer hardware or soft- (b) PARTICULAR REPORT MATTERS.—The re- RITY PURPOSES. ware that is manufactured overseas. port shall address in particular the following: (a) REPORT.—Not later than four months after (2) The extent to which United States depend- (1) A comparison of the costs and benefits of the date of the enactment of this Act, the Presi- ence, if any, on such computer hardware or conducting background investigations for Secret dent shall submit to the appropriate committees software is increasing. clearance with the costs and benefits of con- of Congress a report that— (3) The vulnerabilities of the national security ducting full field background investigations. (1) identifies impediments in current policy and economy of the United States as a result of (2) The standards governing the revocation of and regulations to the sharing of classified in- United States dependence, if any, on such com- security clearances. formation horizontally across and among Fed- puter hardware or software. (c) RECOMMENDATIONS.—The report under eral departments and agencies, and vertically (4) Any other matters relating to United States subsection (a) shall include such recommenda- between the Federal Government and agencies dependence, if any, on such computer hardware tions for modifications or improvements of the of State and local governments and the private or software that the Director considers appro- current security background investigations or sector, for national security purposes, including priate. security clearance procedures of the Federal homeland security; and (c) CONSULTATION WITH PRIVATE SECTOR.—(1) Government as are considered appropriate as a (2) proposes appropriate modifications of pol- In preparing the report under subsection (a), result of the preparation of the report under icy, law, and regulations to eliminate such im- the Director may consult, and is encouraged to that subsection. pediments in order to facilitate such sharing of consult, with appropriate persons and entities (d) SUBMITTAL DATE.—The report under sub- classified information for national security pur- in the computer hardware or software industry section (a) shall be submitted not later than poses, including homeland security. and with other appropriate persons and entities February 15, 2004. (b) CONSIDERATIONS.—In preparing the report in the private sector. (e) APPROPRIATE COMMITTEES OF CONGRESS under subsection (a), the President shall— (2) Consultations of the Director with persons DEFINED.—In this section, the term ‘‘appro- (1) consider the extent to which the reliance or entities under paragraph (1) shall not be priate committees of Congress’’ means— on a document-based approach to the protection treated as the activities of an advisory com- (1) the Select Committee on Intelligence and of classified information impedes the sharing of mittee for purposes of the Federal Advisory the Committees on Armed Services and the Judi- classified information; and Committee Act (5 U.S.C. App.). ciary of the Senate; and (2) consider the extent to which the utilization (d) FORM.—(1) The report under subsection (2) the Permanent Select Committee on Intel- of a database-based approach, or other elec- (a) shall be submitted in unclassified form, but ligence and the Committees on Armed Services tronic approach, to the protection of classified may include a classified annex. and the Judiciary of the House of Representa- information might facilitate the sharing of clas- (2) The report may be in the form of a Na- tives. sified information. tional Intelligence Estimate. SEC. 353. REPORT ON DETAIL OF CIVILIAN INTEL- (c) COORDINATION WITH OTHER INFORMATION (e) APPROPRIATE COMMITTEES OF CONGRESS LIGENCE PERSONNEL AMONG ELE- SHARING ACTIVITIES.—In preparing the report DEFINED.—In this section, the term ‘‘appro- MENTS OF THE INTELLIGENCE COM- under subsection (a), the President shall, to the priate committees of Congress’’ means— MUNITY AND THE DEPARTMENT OF maximum extent practicable, take into account (1) the Select Committee on Intelligence and DEFENSE. actions being undertaken under the Homeland the Committee on Armed Services of the Senate; (a) REPORT REQUIRED.—The Director of Cen- Security Information Sharing Act (subtitle I of and tral Intelligence shall, in consultation with the title VIII of Public Law 107–296; 116 Stat. 2252; (2) the Permanent Select Committee on Intel- heads of the elements of the intelligence commu- 6 U.S.C. 481 et seq.). ligence and the Committee on Armed Services of nity, submit to the appropriate committees of (d) APPROPRIATE COMMITTEES OF CONGRESS the House of Representatives. Congress a report on means of improving the de- DEFINED.—In this section, the term ‘‘appro- SEC. 357. REPORT ON LESSONS LEARNED FROM tail or transfer of civilian intelligence personnel priate committees of Congress’’ means— MILITARY OPERATIONS IN IRAQ. between and among the various elements of the (1) the Select Committee on Intelligence and (a) REPORT.—As soon as possible, but not intelligence community for the purpose of en- the Committees on Armed Services, Govern- later than one year after the date of the enact- hancing the flexibility and effectiveness of the mental Affairs, and the Judiciary of the Senate; ment of this Act, the Director of Central Intel- intelligence community in responding to and ligence shall submit to the appropriate commit- changes in requirements for the collection, anal- (2) the Permanent Select Committee on Intel- tees of Congress a report on the intelligence les- ysis, and dissemination of intelligence. ligence, the Select Committee on Homeland Se- sons learned as a result of Operation Iraqi Free- (b) REPORT ELEMENTS.—The report under sub- curity, and the Committees on Armed Services dom, including lessons relating to the following: section (a) shall— and the Judiciary of the House of Representa- (1) The tasking, collection, processing, exploi- (1) set forth a variety of proposals on means tives. tation, analysis, and dissemination of intel- of improving the detail or transfer of civilian in- SEC. 355. REPORT ON STRATEGIC PLANNING. ligence. telligence personnel as described in that sub- (a) REPORT.—Not later than February 15, (2) The accuracy, timeliness, and objectivity section; 2004, the Secretary of Defense and the Director of intelligence analysis. (2) identify the proposal or proposals deter- of Central Intelligence shall jointly submit to (3) The intelligence support available to pol- mined by the heads of the elements of the intel- the appropriate committees of Congress a report icymakers and members of the Armed Forces in ligence community most likely to meet the pur- that assesses progress in the following: combat. pose described in that subsection; and (1) The development by the Department of De- (4) The coordination of intelligence activities (3) include such recommendations for such fense and the intelligence community of a com- and operations with military operations. legislative or administrative action as the heads prehensive and uniform analytical capability to (5) The strengths and limitations of intel- of the elements of the intelligence community assess the utility and advisability of various ligence systems and equipment. consider appropriate to implement the proposal sensor and platform architectures and capabili- (6) Such other matters as the Director con- or proposals identified under paragraph (2). ties for the collection of intelligence. siders appropriate.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00095 Fmt 7634 Sfmt 6333 E:\CR\FM\A19NO7.044 H19PT1 H11612 CONGRESSIONAL RECORD — HOUSE November 19, 2003

(b) RECOMMENDATIONS.—The report under partments and agencies of the Federal Govern- (1) An analysis of the operations of the Ter- subsection (a) shall include such recommenda- ment and, as appropriate, to State and local rorist Screening Center to ensure that the Ter- tions on improvement in the matters described in governments; rorist Screening Center does not violate the Con- subsection (a) as the Director considers appro- (D) to coordinate with State and local stitution, or any statute, Executive order, or priate. counterterrorism and law enforcement officials; regulation of the United States. (c) APPROPRIATE COMMITTEES OF CONGRESS (E) to receive information from Federal, State, (2) A description of the architecture of the DEFINED.—In this section, the term ‘‘appro- and local officials, and private sector entities, database system of the Terrorist Screening Cen- priate committees of Congress’’ means— relating to the respective responsibilities and au- ter, including the number of databases main- (1) the Permanent Select Committee on Intel- thorities of the Directorate and the Center; and tained, operated, or administered by the Ter- ligence and the Committee on Armed Services of (F) to access information, including intel- rorist Screening Center, and the extent to which the House of Representatives; and ligence and law enforcement information, from these databases have been integrated. (2) the Select Committee on Intelligence and the departments and agencies of the Federal (3) A determination of whether data from all the Committee on Armed Services of the Senate. Government, including the ability of the Direc- watch lists detailed in the April 2003 report of SEC. 358. REPORTS ON CONVENTIONAL WEAPONS torate to access, in a timely and efficient man- the Comptroller General of the United States, AND AMMUNITION OBTAINED BY ner, all information authorized by section 202 of entitled ‘‘Information Technology: Terrorist IRAQ IN VIOLATION OF CERTAIN the Homeland Security Act of 2002 (Public Law Watch Lists should be Consolidated to promote UNITED NATIONS SECURITY COUN- 107–296; 6 U.S.C. 122). Better Integration and Sharing,’’ have been in- CIL RESOLUTIONS. (2) An assessment of the ability of the Center corporated into the Terrorist Screening Center (a) PRELIMINARY REPORT.—Not later than 90 to fulfill the responsibilities assigned to it by the database system. days after the date of the enactment of this Act, President given its structure, authorities, cur- (4) A determination of whether there remain the Director of the Defense Intelligence Agency rent assets, and capabilities. any relevant databases that are not yet part of shall, after such consultation with the Secretary (3) An assessment of the ability of the Direc- the Terrorist Screening Center database system. of State and the Attorney General as the Direc- torate to fulfill the responsibilities set forth in (5) A schedule that specifies the dates on tor considers appropriate, submit to the appro- section 201 of the Homeland Security Act of 2002 which each Federal watch list database identi- priate committees of Congress a preliminary re- (6 U.S.C. 121) given its current assets and capa- fied in the report referred to in paragraph (3), or port on all information obtained by the Depart- bilities. determined under paragraph (4) to be not yet ment of Defense and the intelligence community (4) A plan of action (including appropriate part of the Terrorist Screening Center database on the conventional weapons and ammunition milestones, funding, and sources of funding) for system, were, or will be, integrated into the Ter- obtained by Iraq in violation of applicable reso- bringing the Center to its full operational capac- rorist Screening Center database system. lutions of the United Nations Security Council ity as called for in the Information on the State (6) A description of the protocols in effect to adopted since the invasion of Kuwait by Iraq in of the Union given by the President to Congress ensure the protection of classified and sensitive August 1990. under section 3 of Article II of the Constitution information contained in the Terrorist Screening (b) FINAL REPORT.—(1) Not later than one of the United States in 2003. Center database system. year after the date of the enactment of this Act, (5) A delineation of the responsibilities and (7) A description of— the Director shall submit to the appropriate duties of the Directorate and of the responsibil- (A) the process by which databases in the Ter- committees of Congress a final report on the in- ities and duties of the Center. rorist Screening Center database system are re- formation described in subsection (a). (6) A delineation and summary of the areas in viewed for accuracy and timeliness of data and (2) The final report under paragraph (1) shall which the responsibilities and duties of the Di- the frequency of updates of such reviews; and include such updates of the preliminary report rectorate, the Center, and other elements of the (B) the mechanism used to ensure that data under subsection (a) as the Director considers Federal Government overlap. within a particular database is synchronized appropriate. (7) An assessment of whether the areas of and replicated throughout the database system (c) ELEMENTS.—Each report under this section overlap, if any, delineated under paragraph (6) of the Terrorist Screening Center. shall set forth, to the extent practicable, with represent an inefficient utilization of resources. (8) A description of the extent to which the respect to each shipment of weapons or ammuni- (8) A description of the policies and proce- Terrorist Screening Center makes information tion addressed in such report the following: dures to ensure that the Directorate and the available to the private sector and critical infra- (1) The country of origin. Center comply with the Constitution and appli- structure components, and the criteria for deter- (2) Any country of transshipment. cable statutes, Executive orders, and regulations mining which private sector and critical infrastructure components receive that information. (d) FORM.—Each report under this section of the United States. (9) The number of individuals listed in the shall be submitted in unclassified form, but may (9) The practical impact, if any, of the oper- Terrorist Screening Center database system. include a classified annex. ations of the Center on individual liberties and (10) The estimated operating budget of, and (e) APPROPRIATE COMMITTEES OF CONGRESS privacy. sources of funding for, the Terrorist Screening DEFINED.—In this section, the term ‘‘appro- (10) Such information as the President con- Center for each of fiscal years 2004, 2005, and priate committees of Congress’’ means— siders appropriate to explain the basis for the 2006. (1) the Select Committee on Intelligence and establishment and operation of the Center as a ‘‘joint venture’’ of participating agencies rather (11) An assessment of the impact of the Ter- the Committees on Armed Services and Foreign rorist Screening Center on current law enforce- Relations of the Senate; and than as an element of the Directorate reporting directly to the Secretary of Homeland Security ment systems. (2) the Permanent Select Committee on Intel- (12) The practical impact, if any, of the oper- through the Under Secretary of Homeland Secu- ligence and the Committees on Armed Services ations of the Terrorist Screening Center on indi- rity for Information Analysis and Infrastructure and International Relations of the House of vidual liberties and privacy. Representatives. Protection. (13) Such recommendations as the President (b) SUBMITTAL DATE.—The report required by SEC. 359. REPORT ON OPERATIONS OF DIREC- considers appropriate for modifications of law or this section shall be submitted not later than TORATE OF INFORMATION ANALYSIS policy to ensure the continuing operation of the May 1, 2004. AND INFRASTRUCTURE PROTECTION Terrorist Screening Center. AND TERRORIST THREAT INTEGRA- (c) FORM.—The report required by this section (c) FORM OF REPORT.—The report required by TION CENTER. shall be submitted in unclassified form, but may subsection (a) shall be submitted in unclassified (a) REPORT REQUIRED.—The President shall include a classified annex. form, but may include a classified annex. submit to the appropriate committees of Con- (d) APPROPRIATE COMMITTEES OF CONGRESS SEC. 361. REPEAL AND MODIFICATION OF RE- gress a report on the operations of the Direc- DEFINED.—In this section, the term ‘‘appro- PORT REQUIREMENTS RELATING TO torate of Information Analysis and Infrastruc- priate committees of Congress’’ means— INTELLIGENCE ACTIVITIES. ture Protection of the Department of Homeland (1) the Select Committee on Intelligence and (a) ANNUAL EVALUATION OF PERFORMANCE Security and the Terrorist Threat Integration the Committees on Governmental Affairs, the AND RESPONSIVENESS OF INTELLIGENCE COMMU- Center. The report shall include the following: Judiciary, and Appropriations of the Senate; NITY.—Section 105 of the National Security Act (1) An assessment of the operations of the Di- and of 1947 (50 U.S.C. 403–5) is amended by striking rectorate and the Center, including the capabili- (2) the Permanent Select Committee on Intel- subsection (d). ties of each— ligence, the Select Committee on Homeland Se- (b) PERIODIC REPORTS ON DISCLOSURE OF IN- (A) to meet personnel requirements, including curity, and the Committees on the Judiciary and TELLIGENCE INFORMATION TO UNITED NATIONS.— requirements to employ qualified analysts, and Appropriations of the House of Representatives. Section 112(b) of the National Security Act of the status of efforts to employ qualified ana- SEC. 360. REPORT ON TERRORIST SCREENING 1947 (50 U.S.C. 404g(b)(1)) is amended— lysts; CENTER. (1) in the subsection caption, by striking (B) to share intelligence information with the (a) REPORT.—Not later than September 16, ‘‘PERIODIC’’ and inserting ‘‘ANNUAL’’; other elements of the intelligence community, in- 2004, the President shall submit to Congress a (2) in paragraph (1), by striking ‘‘semiannu- cluding the sharing of intelligence information report on the establishment and operation of the ally’’ and inserting ‘‘annually’’; and through secure information technology connec- Terrorist Screening Center, established on Sep- (3) in paragraph (3), by striking ‘‘periodic’’ tions between the Directorate, the Center, and tember 16, 2003, by Homeland Security Presi- and inserting ‘‘the annual’’. the other elements of the intelligence commu- dential Directive 6, including the matters de- (c) ANNUAL REPORT ON INTELLIGENCE COMMU- nity; scribed in subsection (b). NITY COOPERATION WITH COUNTERDRUG ACTIVI- (C) to disseminate intelligence information, or (b) COVERED MATTERS.—The matters referred TIES.—Section 114 of the National Security Act analyses of intelligence information, to other de- to in subsection (a) are the following: of 1947 (50 U.S.C. 404i) is amended—

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00096 Fmt 7634 Sfmt 6333 E:\CR\FM\A19NO7.046 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11613 (1) by striking subsection (a); and (2) in subsection (b)— receipt of explosive materials is in furtherance (2) by redesignating subsections (b) through (A) by striking paragraphs (1) and (4); and of the authorized military purpose; or (f) as subsections (a) through (e), respectively. (B) by redesignating paragraphs (2), (3), (5), ‘‘(D) is lawfully present in the United States (d) ANNUAL REPORT ON COVERT LEASES.—Sec- (6), (7), and (8) as paragraphs (1), (2), (3), (4), in cooperation with the Director of Central In- tion 114 of the National Security Act of 1947, as (5), and (6), respectively. telligence, and the shipment, transportation, re- amended by this section, is further amended— (m) CLERICAL AMENDMENTS.— ceipt, or possession of the explosive materials is (1) by striking subsection (d); and (1) NATIONAL SECURITY ACT OF 1947.—The table in furtherance of such cooperation;’’. (2) by redesignating subsection (e) as sub- of contents for the National Security Act of 1947 SEC. 373. MODIFICATION OF PROHIBITION ON section (d). is amended by striking the item relating to sec- THE NATURALIZATION OF CERTAIN (e) ANNUAL REPORT ON CERTAIN FOREIGN tion 603. PERSONS. COMPANIES INVOLVED IN PROLIFERATION OF (2) TITLE 28, UNITED STATES CODE.—The table Section 313(e)(4) of the Immigration and Na- WEAPONS OF MASS DESTRUCTION.—Section 827 of sections at the beginning of chapter 33 of title tionality Act (8 U.S.C. 1424(e)(4)) is amended— of the Intelligence Authorization Act for Fiscal 28, United States Code, is amended by striking (1) by inserting ‘‘when Department of Defense Year 2003 (Public Law 107–306; 116 Stat. 2430; 50 the item relating to section 540C. activities are relevant to the determination’’ U.S.C. 404n–3) is repealed. (n) EFFECTIVE DATE.—The amendments made after ‘‘Secretary of Defense’’; and (f) ANNUAL REPORT ON INTELLIGENCE ACTIVI- by this section shall take effect on December 31, (2) by inserting ‘‘and the Secretary of Home- TIES OF PEOPLE’S REPUBLIC OF CHINA.—Section 2003. land Security’’ after ‘‘Attorney General’’. 308 of the Intelligence Authorization Act for Fis- Subtitle E—Other Matters SEC. 374. MODIFICATION TO DEFINITION OF FI- cal Year 1998 (Public Law 105–107; 111 Stat. NANCIAL INSTITUTION IN RIGHT TO 2253; 50 U.S.C. 402a note) is repealed. SEC. 371. EXTENSION OF SUSPENSION OF REOR- FINANCIAL PRIVACY ACT. GANIZATION OF DIPLOMATIC TELE- (g) ANNUAL REPORT ON COORDINATION OF (a) MODIFICATION OF DEFINITION.—Section COMMUNICATIONS SERVICE PRO- COUNTERINTELLIGENCE MATTERS WITH FBI.— GRAM OFFICE. 1114 of the Right to Financial Privacy Act of Section 811(c) of the Counterintelligence and Se- 1978 (12 U.S.C. 3414) is amended by adding at Section 311 of the Intelligence Authorization curity Enhancements Act of 1994 (title VIII of the end the following: Act for Fiscal Year 2002 (Public Law 107–108; 22 Public Law 103–359; 50 U.S.C. 402a(c)) is amend- ‘‘(d) For purposes of this section, and sections U.S.C. 7301 note) is amended— ed— 1115 and 1117 insofar as they relate to the oper- (1) in the heading, by striking ‘‘TWO-YEAR’’ (1) by striking paragraph (6); and ation of this section, the term ‘financial institu- before ‘‘SUSPENSION OF REORGANIZA- (2) by redesignating paragraphs (7) and (8) as tion’ has the same meaning as in subsections TION’’; and paragraphs (6) and (7), respectively. (a)(2) and (c)(1) of section 5312 of title 31, (2) in the text, by striking ‘‘ending on October (h) ANNUAL REPORT ON POSTEMPLOYMENT AS- United States Code, except that, for purposes of 1, 2003’’ and inserting ‘‘ending on the date that SISTANCE FOR TERMINATED INTELLIGENCE EM- this section, such term shall include only such a is 60 days after the appropriate congressional PLOYEES.—Section 1611 of title 10, United States financial institution any part of which is lo- committees of jurisdiction (as defined in section Code, is amended by striking subsection (e). cated inside any State or territory of the United 324(d) of that Act (22 U.S.C. 7304(d)) are notified (i) ANNUAL REPORT ON ACTIVITIES OF FBI States, the District of Columbia, Puerto Rico, jointly by the Secretary of State (or the Sec- PERSONNEL OUTSIDE THE UNITED STATES.—Sec- Guam, American Samoa, the Commonwealth of retary’s designee) and the Director of the Office tion 540C of title 28, United States Code, is re- the Northern Mariana Islands, or the United of Management and Budget (or the Director’s pealed. States Virgin Islands.’’. NNUAL EPORT ON XCEPTIONS TO ON designee) that the operational framework for the (j) A R E C - (b) CROSS REFERENCE MODIFICATION.—Section office has been terminated’’. SUMER DISCLOSURE REQUIREMENTS FOR NA- 1101(1) of such Act (12 U.S.C. 3401(1)) is amend- TIONAL SECURITY INVESTIGATIONS.—Section SEC. 372. MODIFICATIONS OF AUTHORITIES ON ed by inserting ‘‘, except as provided in section 604(b)(4) of the Fair Credit Reporting Act (15 EXPLOSIVE MATERIALS. 1114,’’ before ‘‘means any office’’. U.S.C. 1681b(b)(4)) is amended— (a) CLARIFICATION OF ALIENS AUTHORIZED TO (1) by striking subparagraphs (D) and (E); SEC. 375. COORDINATION OF FEDERAL GOVERN- DISTRIBUTE EXPLOSIVE MATERIALS.—Section MENT RESEARCH ON SECURITY and 842(d)(7) of title 18, United States Code, is EVALUATIONS. (2) by redesignating subparagraph (F) as sub- amended— (a) WORKSHOPS FOR COORDINATION OF RE- paragraph (D). (1) in subparagraph (A), by striking ‘‘or’’ at SEARCH.—The National Science Foundation and (k) REPORTS ON ACQUISITION OF TECHNOLOGY the end; the Office of Science and Technology Policy RELATING TO WEAPONS OF MASS DESTRUCTION (2) in subparagraph (B)— shall jointly sponsor not less than two work- AND ADVANCED CONVENTIONAL MUNITIONS.— (A) by inserting ‘‘or’’ at the end of clause (i); shops on the coordination of Federal Govern- Subsection (b)(1) of section 721 of the Intel- and ment research on the use of behavioral, psycho- ligence Authorization Act for Fiscal Year 1997 (B) by striking clauses (iii) and (iv); and logical, and physiological assessments of indi- (Public Law 104–293; 50 U.S.C. 2366) is amended (3) by adding the following new subpara- viduals in the conduct of security evaluations. by striking ‘‘a semiannual’’ and inserting ‘‘an graphs: (b) DEADLINE FOR COMPLETION OF ACTIVI- annual’’. ‘‘(C) is a member of a North Atlantic Treaty TIES.—The activities of the workshops sponsored (l) CONFORMING AMENDMENTS.—Section 507 of Organization (NATO) or other friendly foreign under subsection (a) shall be completed not later the National Security Act of 1947 (50 U.S.C. military force, as determined by the Attorney than March 1, 2004. 415b) is amended— General in consultation with the Secretary of (c) PURPOSES.—The purposes of the work- (1) in subsection (a)— Defense, who is present in the United States shops sponsored under subsection (a) are as fol- (A) in paragraph (1)— under military orders for training or other mili- (i) by striking subparagraphs (A), (C), (G), (I), lows: tary purpose authorized by the United States (J), and (L); (1) To provide a forum for cataloging and co- and the shipping, transporting, possession, or (ii) by redesignating subparagraphs (B), (D), ordinating federally funded research activities receipt of explosive materials is in furtherance (E), (H), (K), (M), and (N) as subparagraphs relating to the development of new techniques in of the authorized military purpose; or (A), (C), (D), (G), (H), and (I), respectively; the behavioral, psychological, or physiological (iii) by inserting after subparagraph (A), as so ‘‘(D) is lawfully present in the United States assessment of individuals to be used in security redesignated, the following new subparagraph in cooperation with the Director of Central In- evaluations. (B): telligence, and the shipment, transportation, re- (2) To develop a research agenda for the Fed- ‘‘(B) The annual report on intelligence pro- ceipt, or possession of the explosive materials is eral Government on behavioral, psychological, vided to the United Nations required by section in furtherance of such cooperation;’’. and physiological assessments of individuals, in- 112(b)(1).’’; and (b) CLARIFICATION OF ALIENS AUTHORIZED TO cluding an identification of the research most (iv) by inserting after subparagraph (D), as so POSSESS OR RECEIVE EXPLOSIVE MATERIALS.— likely to advance the understanding of the use redesignated, the following new subparagraph Section 842(i)(5) of title 18, United States Code, of such assessments of individuals in security (E): is amended— evaluations. ‘‘(E) The annual report on the acquisition of (1) in subparagraph (A), by striking ‘‘or’’ at (3) To distinguish between short-term and technology relating to weapons of mass destruc- the end; long-term areas of research on behavioral, psy- tion and advanced conventional munitions re- (2) in subparagraph (B)— chological, and physiological assessments of in- quired by section 721 of the Intelligence Author- (A) by inserting ‘‘or’’ at the end of clause (i); dividuals in order to maximize the utility of ization Act for Fiscal Year 1997 (Public Law and short-term and long-term research on such as- 104–293; 50 U.S.C. 2366).’’; and (B) by striking clauses (iii) and (iv); and sessments. (B) in paragraph (2)— (3) by adding the following new subpara- (4) To identify the Federal agencies best suit- (i) in subparagraph (A), by striking ‘‘section graphs: ed to support research on behavioral, psycho- 114(b)’’ and inserting ‘‘section 114(a)’’; ‘‘(C) is a member of a North Atlantic Treaty logical, and physiological assessments of indi- (ii) in subparagraph (B), by striking ‘‘section Organization (NATO) or other friendly foreign viduals. 114(d)’’ and inserting ‘‘section 114(c)’’; military force, as determined by the Attorney (5) To develop recommendations for coordi- (iii) by striking subparagraphs (C), (E), and General in consultation with the Secretary of nating future federally funded research for the (F); and Defense, who is present in the United States development, improvement, or enhancement of (iv) by redesignating subparagraphs (D) and under military orders for training or other mili- security evaluations. (G) as subparagraphs (C) and (D), respectively; tary purpose authorized by the United States (d) ADVISORY GROUP.—(1) In order to assist and and the shipping, transporting, possession, or the National Science Foundation and the Office

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00097 Fmt 7634 Sfmt 6333 E:\CR\FM\A19NO7.048 H19PT1 H11614 CONGRESSIONAL RECORD — HOUSE November 19, 2003 of Science and Technology Policy in carrying or imply any right to judicial review of any TITLE IV—CENTRAL INTELLIGENCE out the activities of the workshops sponsored finding made or any requirement imposed under AGENCY under subsection (a), there is hereby established this section.’’. SEC. 401. AMENDMENT TO CERTAIN CENTRAL IN- an interagency advisory group with respect to SEC. 377. TECHNICAL AMENDMENTS. TELLIGENCE AGENCY ACT OF 1949 such workshops. (a) NATIONAL SECURITY ACT OF 1947.—Section NOTIFICATION REQUIREMENTS. (2) The advisory group shall be composed of 112(d)(1) of the National Security Act of 1947 (50 Section 4(b)(5) of the Central Intelligence the following: U.S.C. 404g(d)(1)) is amended by striking ‘‘sec- Agency Act of 1949 (50 U.S.C. 403e(b)(5)) is (A) A representative of the Social, Behavioral, tion 103(c)(6)’’ and inserting ‘‘section 103(c)(7)’’. amended by inserting ‘‘, other than regulations and Economic Directorate of the National (b) CENTRAL INTELLIGENCE AGENCY ACT OF under paragraph (1),’’ after ‘‘Regulations’’. Science Foundation. 1949.—(1) Section 5(a)(1) of the Central Intel- SEC. 402. PROTECTION OF CERTAIN CENTRAL IN- (B) A representative of the Office of Science ligence Agency Act of 1949 (50 U.S.C. 403f(a)(1)) TELLIGENCE AGENCY PERSONNEL and Technology Policy. is amended by striking ‘‘(c)(6)’’ each place it ap- FROM TORT LIABILITY. (C) The Secretary of Defense, or a designee of pears and inserting ‘‘(c)(7)’’. Section 15 of the Central Intelligence Agency the Secretary. (2) Section 6 of that Act (50 U.S.C. 403g) is Act of 1949 (50 U.S.C. 403o) is amended by add- (D) The Secretary of State, or a designee of amended by striking ‘‘section 103(c)(6) of the ing at the end the following new subsection: the Secretary. National Security Act of 1947 (50 U.S.C. 403– ‘‘(d)(1) Notwithstanding any other provision (E) The Attorney General, or a designee of the 3(c)(6))’’ and inserting ‘‘section 103(c)(7) of the of law, any Agency personnel designated by the Attorney General. National Security Act of 1947 (50 U.S.C. 403– Director under subsection (a), or designated by (F) The Secretary of Energy, or a designee of 3(c)(7))’’. the Director under section 5(a)(4) to carry fire- the Secretary. (3) Section 15 of that Act (50 U.S.C. 403o) is arms for the protection of current or former (G) The Secretary of Homeland Security, or a amended— Agency personnel and their immediate families, designee of the Secretary. (A) in subsection (a)(1), by striking ‘‘special defectors and their immediate families, and (H) The Director of Central Intelligence, or a other persons in the United States under Agency designee of the Director. policemen of the General Services Administra- tion perform under the first section of the Act auspices, shall be considered for purposes of (I) The Director of the Federal Bureau of In- chapter 171 of title 28, United States Code, or vestigation, or a designee of the Director. entitled ‘An Act to authorize the Federal Works Administrator or officials of the Federal Works any other provision of law relating to tort liabil- (J) The National Counterintelligence Execu- ity, to be acting within the scope of their office tive, or a designee of the National Counterintel- Agency duly authorized by him to appoint special policeman for duty upon Federal property or employment when such Agency personnel ligence Executive. take reasonable action, which may include the (K) Any other official assigned to the advisory under the jurisdiction of the Federal Works Agency, and for other purposes’ (40 U.S.C. use of force, to— group by the President for purposes of this sec- ‘‘(A) protect an individual in the presence of tion. 318),’’ and inserting ‘‘officers and agents of the Department of Homeland Security, as provided such Agency personnel from a crime of violence; (3) The members of the advisory group under ‘‘(B) provide immediate assistance to an indi- subparagraphs (A) and (B) of paragraph (2) in section 1315(b)(2) of title 40, United States Code,’’; and vidual who has suffered or who is threatened shall jointly head the advisory group. with bodily harm; or (4) The advisory group shall provide the (B) in subsection (b), by striking ‘‘the fourth section of the Act referred to in subsection (a) of ‘‘(C) prevent the escape of any individual Foundation and the Office such information, whom such Agency personnel reasonably believe advice, and assistance with respect to the work- this section (40 U.S.C. 318c)’’ and inserting ‘‘section 1315(c)(2) of title 40, United States Code’’. to have committed a crime of violence in the shops sponsored under subsection (a) as the ad- presence of such Agency personnel. (c) NATIONAL SECURITY AGENCY ACT OF visory group considers appropriate. ‘‘(2) Paragraph (1) shall not affect the au- 1959.—Section 11 of the National Security Agen- (5) The advisory group shall not be treated as thorities of the Attorney General under section cy Act of 1959 (50 U.S.C. 402 note) is amended— an advisory committee for purposes of the Fed- 2679 of title 28, United States Code. (1) in subsection (a)(1), by striking ‘‘special eral Advisory Committee Act (5 U.S.C. App.). ‘‘(3) In this subsection, the term ‘crime of vio- policemen of the General Services Administra- (e) FOIA EXEMPTION.—All files of the Na- lence’ has the meaning given that term in section perform under the first section of the Act tional Science Foundation and the Office of tion 16 of title 18, United States Code.’’. Science and Technology Policy for purposes of entitled ‘An Act to authorize the Federal Works Administrator or officials of the Federal Works SEC. 403. REPEAL OF OBSOLETE LIMITATION ON administering this section, including any files of USE OF FUNDS IN CENTRAL SERV- a Federal, State, or local department or agency Agency duly authorized by him to appoint spe- ICES WORKING CAPITAL FUND. or of a private sector entity provided to or uti- cial policeman for duty upon Federal property Section 21(f)(2) of the Central Intelligence lized by a workshop or advisory group under under the jurisdiction of the Federal Works Agency Act of 1949 (50 U.S.C. 403u(f)(2)) is this section, shall be exempt from the provisions Agency, and for other purposes’ (40 U.S.C. 318)’’ amended— of section 552 of title 5, United States Code, that and inserting ‘‘officers and agents of the De- (1) in subparagraph (A), by striking ‘‘(A) Sub- require publication, disclosure, search, or review partment of Homeland Security, as provided in ject to subparagraph (B), the Director’’ and in- in connection therewith. section 1315(b)(2) of title 40, United States serting ‘‘The Director’’; and (f) REPORT.—Not later than March 1, 2004, the Code,’’; and (2) by striking subparagraph (B). (2) in subsection (b), by striking ‘‘the fourth National Science Foundation and the Office of SEC. 404. PURCHASES BY CENTRAL INTEL- Science and Technology Policy shall jointly subsection of the Act referred to in subsection (a) LIGENCE AGENCY OF PRODUCTS OF mit to Congress a report on the results of activi- (40 U.S.C. 318c)’’ and inserting ‘‘section FEDERAL PRISON INDUSTRIES. ties of the workshops sponsored under sub- 1315(c)(2) of title 40, United States Code’’. Notwithstanding section 4124 of title 18, section (a), including the findings and rec- (d) INTELLIGENCE AUTHORIZATION ACT FOR United States Code, purchases by the Central ommendations of the Foundation and the Office FISCAL YEAR 2003.—Section 343 of the Intel- Intelligence Agency from Federal Prison Indus- as a result of such activities. ligence Authorization Act for Fiscal Year 2003 tries shall be made only if the Director of Cen- (g) FUNDING.—(1) Of the amount authorized (Public Law 107–306; 116 Stat. 2399; 50 U.S.C. tral Intelligence determines that the product or to be appropriated for the Intelligence Commu- 404n–2) is amended— service to be purchased from Federal Prison In- nity Management Account by section 104(a), (1) in subsection (c), by striking ‘‘section dustries best meets the needs of the Agency. $500,000 shall be available to the National 103(c)(6) of the National Security Act of 1947 (50 SEC. 405. POSTPONEMENT OF CENTRAL INTEL- Science Foundation and the Office of Science U.S.C. 403–3(c)(6))’’ and inserting ‘‘section LIGENCE AGENCY COMPENSATION and Technology Policy to carry out this section. 103(c)(7) of the National Security Act of 1947 (50 REFORM AND OTHER MATTERS. (2) The amount authorized to be appropriated U.S.C. 403–3(c)(7))’’; and (a) POSTPONEMENT OF COMPENSATION REFORM by paragraph (1) shall remain available until (2) in subsection (e)(2), by striking ‘‘section PLAN.—Section 402(a)(2) of the Intelligence Au- expended. 103(c)(6)’’ and inserting ‘‘section 103(c)(7)’’. thorization Act for Fiscal Year 2003 (Public Law SEC. 376. TREATMENT OF CLASSIFIED INFORMA- (e) FEDERAL INFORMATION SECURITY MANAGE- 107–306; 116 Stat. 2403; 50 U.S.C. 403–4 note) is TION IN MONEY LAUNDERING MENT ACT OF 2002.—Section 3535(b)(1) of title 44, amended by striking ‘‘February 1, 2004,’’ and all CASES. United States Code, as added by section that follows through the end and inserting ‘‘the Section 5318A of title 31, United States Code, 1001(b)(1) of the Homeland Security Act of 2002 date of the enactment of the Intelligence Au- is amended by adding at the end the following: (Public Law 107–296), and section 3545(b)(1) of thorization Act for Fiscal Year 2005.’’. ‘‘(f) CLASSIFIED INFORMATION.—In any judi- title 44, United States Code, as added by section (b) CONTRIBUTION BY CIA EMPLOYEES OF CER- cial review of a finding of the existence of a pri- 301(b)(1) of the E–Government Act of 2002 (Pub- TAIN BONUS PAY TO THRIFT SAVINGS PLAN.— mary money laundering concern, or of the relic Law 107–347), are each amended by inserting (1) CIVIL SERVICE RETIREMENT SYSTEM PAR- quirement for 1 or more special measures with ‘‘or any other law’’ after ‘‘1978’’. TICIPANTS.—Section 8351(d) of title 5, United respect to a primary money laundering concern, (f) PUBLIC LAW 107–173.—Section 201(c)(3)(F) States Code, is amended— made under this section, if the designation or of the Enhanced Border Security and Visa (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and imposition, or both, were based on classified in- Entry Reform Act of 2002 (Public Law 107–173; (B) by adding at the end the following new formation (as defined in section 1(a) of the Clas- 116 Stat. 548; 8 U.S.C. 1721(c)(3)(F)) is amended paragraph: sified Information Procedures Act (18 U.S.C. by striking ‘‘section 103(c)(6) of the National Se- ‘‘(2)(A) Only those employees of the Central App.), such information may be submitted by curity Act of 1947 (50 U.S.C. 403–3(c)(6))’’ and Intelligence Agency participating in the pilot the Secretary to the reviewing court ex parte inserting ‘‘section 103(c)(7) of the National Secu- project required by section 402(b) of the Intel- and in camera. This subsection does not confer rity Act of 1947 (50 U.S.C. 403–3(c)(7))’’. ligence Authorization Act for Fiscal Year 2003

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 7634 Sfmt 6333 E:\CR\FM\A19NO7.050 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11615 (Public Law 107–306; 50 U.S.C. 403–4 note) and sistance to the Government of Colombia for point as such members representatives of na- making contributions to the Thrift Savings counterdrug activities for fiscal year 2004, and tional laboratories, universities, and private sec- Fund out of basic pay may also contribute (by any unobligated funds available to any element tor entities. direct transfer to the Fund) any part of bonus of the intelligence community for such activities (B) For purposes of this subsection the term pay received by the employee as part of the pilot for a prior fiscal year, shall be available— ‘‘MASINT community’’ means academic, profes- project. (1) to support a unified campaign by the Gov- sional, industrial, and government entities that ‘‘(B) Contributions under this paragraph are ernment of Colombia against narcotics traf- are committed towards the advancement of the subject to section 8432(d) of this title.’’. ficking and against activities by organizations sciences in measurement and signatures intel- (2) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM designated as terrorist organizations (such as ligence. PARTICIPANTS.—Section 8432 of title 5, United the Revolutionary Armed Forces of Colombia (C) The term for a member of the advisory States Code, is amended by adding at the end (FARC), the National Liberation Army (ELN), panel shall be established by the Director, but the following new subsection: and the United Self-Defense Forces of Colombia may not exceed a period of 5 consecutive years. ‘‘(k)(1) Only those employees of the Central (AUC)); and (D) Members of the advisory panel may not Intelligence Agency participating in the pilot (2) to take actions to protect human health receive additional pay, allowances, or benefits project required by section 402(b) of the Intel- and welfare in emergency circumstances, includ- by reason of their service on the advisory panel, ligence Authorization Act for Fiscal Year 2003 ing undertaking rescue operations. but may receive per diem in lieu of subsistence, (Public Law 107–306; 50 U.S.C. 403–4 note) and (b) APPLICABILITY OF CERTAIN LAWS AND LIM- in accordance with applicable provisions under making contributions to the Thrift Savings ITATIONS.—The use of funds pursuant to the au- subchapter I of chapter 57 of title 5, United Fund out of basic pay may also contribute (by thority in subsection (a) shall be subject to the States Code. direct transfer to the Fund) any part of bonus following: (4) The Director may accept contributions pay received by the employee as part of the pilot (1) Sections 556, 567, and 568 of the Foreign from non-governmental participants on the ad- project. visory panel to defray the expenses of the advi- ‘‘(2) Contributions under this subsection are Operations, Export Financing, and Related Pro- sory panel. subject to subsection (d). grams Appropriations Act, 2002 (Public Law ‘‘(3) For purposes of subsection (c), basic pay 107–115; 115 Stat. 2160, 2165, and 2166). (5) The Federal Advisory Committee Act (5 of an employee of the Central Intelligence Agen- (2) Section 8077 of the Department of Defense U.S.C. App.) shall not apply to the activities of cy participating in the pilot project referred to Appropriations Act, 2004 (Public Law 108–87; 117 the advisory panel established under this sub- in paragraph (1) shall include bonus pay re- Stat. 1090). section. ceived by the employee as part of the pilot (3) The numerical limitations on the number (d) FOIA EXEMPTION.—All files in the posses- project.’’. of United States military personnel and United sion of the Defense Intelligence Agency for pur- (c) REPORT.—(1) The Director of Central In- States individual civilian contractors in section poses of administering the program under this telligence shall submit to the congressional in- 3204(b)(1) of the Emergency Supplemental Act, section, including any files of a Federal, State, telligence committees a report on the amount of 2000 (division B of Public Law 106–246; 114 Stat. or local department or agency or of a private compensation (including basic pay, bonuses, 575), as amended by the Foreign Operations, Ex- sector entity provided to or utilized by the pro- and employer contributions to the Thrift Sav- port Financing, and Related Programs Appro- gram, shall be exempt from the provisions of sec- ings Plan) of each employee of the Central In- priations Act, 2002 (115 Stat. 2131). tion 552 of title 5, United States Code, that re- telligence Agency participating in the pilot (c) LIMITATION ON PARTICIPATION OF UNITED quire publication, disclosure, search, or review project required by section 402(b) of the Intel- STATES PERSONNEL.—No United States Armed in connection therewith. ligence Authorization Act for Fiscal Year 2003 Forces personnel or United States civilian con- SEC. 505. AVAILABILITY OF FUNDS OF NATIONAL (Public Law 107–306; 116 Stat. 2403; 50 U.S.C. tractor employed by the United States Armed SECURITY AGENCY FOR NATIONAL 403–4 note), and on the amount that each such Forces will participate in any combat operation SECURITY SCHOLARSHIPS. employee would have received had such em- in connection with assistance made available (a) AVAILABILITY OF FUNDS.—Any funds au- ployee received compensation under the existing under this section, except for the purpose of act- thorized to be appropriated for the National Se- system of compensation used by the Agency. ing in self defense or during the course of search curity Agency for a fiscal year after fiscal year (2) The report required by paragraph (1) shall and rescue operations for United States citizens. 2003 may be made available to the Independent be submitted together with the report required SEC. 503. SCENE VISUALIZATION TECHNOLOGIES. College Fund of Maryland (also known as the by paragraph (3) of such section 402(b). Of the amount authorized to be appropriated ‘‘I–Fund’’) for the purpose of the establishment (3) In this subsection, the term ‘‘congressional by this Act, $2,500,000 shall be available for the and provision of national security scholarships intelligence committees’’ has the meaning given National Geospatial-Intelligence Agency (NGA) to the extent such funds are specifically author- that term in section 402(d) of the Intelligence for scene visualization technologies. ized for that purpose. (b) MECHANISMS OF AVAILABILITY.—Funds Authorization Act for Fiscal Year 2003. SEC. 504. MEASUREMENT AND SIGNATURES IN- may be made available to the Independent Col- TITLE V—DEPARTMENT OF DEFENSE TELLIGENCE RESEARCH PROGRAM. lege Fund of Maryland under subsection (a) by INTELLIGENCE MATTERS (a) RESEARCH PROGRAM.—(1) The Secretary of grant, contract, cooperative agreement, or such Defense and the Director of Central Intelligence SEC. 501. PROTECTION OF CERTAIN NATIONAL other appropriate mechanisms as the Director of SECURITY AGENCY PERSONNEL shall jointly carry out a program to incorporate the National Security Agency considers appro- FROM TORT LIABILITY. the results of basic research on sensors into the priate. Section 11 of the National Security Agency measurement and signatures intelligence sys- And the Senate agree to the same. Act of 1959 (50 U.S.C. 402 note) is amended by tems of the United States, to the extent the re- adding at the end the following new subsection: sults of such research are applicable to such From the Permanent Select Committee on ‘‘(d)(1) Notwithstanding any other provision systems. Intelligence, for consideration of the House of law, agency personnel designated by the Di- (2) In carrying out paragraph (1), the Sec- bill and the Senate amendment, and modi- rector of the National Security Agency under retary of Defense and the Director of Central fications committed to conference: subsection (a) shall be considered for purposes Intelligence shall act through the Director of PORTER J. GOSS, of chapter 171 of title 28, United States Code, or the Defense Intelligence Agency’s Directorate DOUG BEREUTER, any other provision of law relating to tort liabil- for MASINT and Technical Collection (herein- SHERWOOD BOEHLERT, ity, to be acting within the scope of their office after in this section referred to as the ‘‘Direc- JIM GIBBONS, or employment when such agency personnel tor’’). RAY LAHOOD, take reasonable action, which may include the (b) PROGRAM COMPONENTS.—The program RANDY ‘‘DUKE’’ use of force, to— under subsection (a) shall review and assess CUNNINGHAM, ‘‘(A) protect an individual in the presence of basic research on sensors and technologies con- PETE HOEKSTRA, such agency personnel from a crime of violence; ducted both by the United States Government RICHARD BURR, ‘‘(B) provide immediate assistance to an indi- and by non-governmental entities. In carrying TERRY EVERETT, vidual who has suffered or who is threatened out the program, the Director shall protect intel- ELTON GALLEGLY, with bodily harm; or ‘‘(C) prevent the escape of any individual lectual property rights, maintain organizational MAC COLLINS, whom such agency personnel reasonably believe flexibility, and establish research projects, fund- JANE HARMAN, to have committed a crime of violence in the ing levels, and potential benefits in an equitable ALCEE L. HASTINGS, presence of such agency personnel. manner through the Directorate. SILVESTRE REYES, ‘‘(2) Paragraph (1) shall not affect the au- (c) ADVISORY PANEL.—(1) The Director shall LEONARD L. BOSWELL, thorities of the Attorney General under section establish an advisory panel to assist the Direc- COLLIN C. PETERSON, 2679 of title 28, United States Code. tor in carrying out the program under sub- BUD CRAMER, ‘‘(3) In this subsection, the term ‘crime of vio- section (a). ANNA G. ESHOO, lence’ has the meaning given that term in sec- (2) The advisory panel shall be headed by the RUSH HOLT, tion 16 of title 18, United States Code.’’. Director who shall determine the selection, re- C.A. DUTCH SEC. 502. USE OF FUNDS FOR COUNTERDRUG view, and assessment of the research projects RUPPERSBERGER. AND COUNTERTERRORISM ACTIVI- under the program. From the Committee on Armed Services, for TIES FOR COLOMBIA. (3)(A) The Director shall appoint as members consideration of defense tactical intelligence (a) AUTHORITY.—Funds designated for intel- of the advisory panel representatives of each en- and related activities: ligence or intelligence-related purposes for as- tity of the MASINT community, and may ap- DUNCAN HUNTER,

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.052 H19PT1 H11616 CONGRESSIONAL RECORD — HOUSE November 19, 2003

CURT WELDON, tion of the Intelligence Committees in both employees of the Staff or detailed from var- Managers on the Part of the House. Houses over the intelligence activities and ious elements of the United States Govern- components of that Department as estab- ment. From the Select Committee on Intelligence: lished by Congress in the ‘‘Homeland Secu- PAT ROBERTS, Subsection (c) authorizes additional appro- rity Act of 2002’’ (P.L. 107–296), and as des- ORRIN HATCH, priations and personnel for the CMA as spec- ignated by the President in Executive Order MIKE DEWINE, ified in the classified Schedule of Authoriza- 13284 (January 23, 2003). The Conferees have CHRISTOPHER S. BOND, tions and permits additional amounts to re- also included the Department of Justice TRENT LOTT, main available for research and development (DoJ) in this section to better reflect the OLYMPIA SNOWE, through September 30, 2005. Subsection (c) of fact that Intelligence Committee jurisdic- CHUCK HAGEL, the House bill provided only for one-year re- tion of both Houses extends to the intel- SAXBY CHAMBLISS, search and development funds. The House re- ligence activities and components of DoJ, in- JOHN WARNER, cedes to the Senate. cluding, particularly, the Office of Intel- JAY ROCKEFELLER, Subsection (d) requires that, except as pro- ligence Policy and Review, which directly CARL LEVIN, vided in Section 113 of the National Security supports numerous National Foreign Intel- DIANNE FEINSTEIN, Act of 1947, during fiscal year 2004, personnel ligence Program (NFIP) activities across the RON WYDEN, from another element of the United States Intelligence Community. Section 101 is iden- DICK DURBIN, Government be detailed to an element of the tical to Section 101 of the House bill. EVAN BAYH, CMA on a reimbursable basis, or for tem- JOHN EDWARDS, Sec. 102. Classified schedule of authorizations porary situations of less than one year on a BARBARA A. MIKULSKI. Section 102 of the conference report makes non-reimbursable basis. From the Committee on Armed Services: clear that the details of the amounts author- Subsection (e) authorizes $47,142,000 of the WAYNE ALLARD, ized to be appropriated for intelligence and amount authorized in subsection (a) to be BILL NELSON. intelligence-related activities and applicable made available for the National Drug Intel- Managers on the Part of the Senate. personnel ceilings covered under this Title ligence Center (NDIC). Subsection (e) re- JOINT EXPLANATORY STATEMENT OF for fiscal year 2004 are contained in a classi- quires the DCI to transfer these funds to the THE COMMITTEE OF CONFERENCE fied Schedule of Authorizations. The classi- Attorney General to be used for NDIC activi- fied Schedule of Authorizations is incor- The managers on the part of the Senate ties under the authority of the Attorney porated into the Act by this section. The and House at the conference on the dis- General and subject to Section 103 (d) (1) of Schedule of Authorizations shall be made agreeing votes of the two Houses on the the National Security Act. available to the Committees on Appropria- amendment of the Senate to the bill (H.R. Although a DoJ organization, the NDIC is tions of the Senate and House of Representa- 2417), to authorize appropriations for fiscal authorized and funded entirely through tives and to the President. The classified year 2004 for intelligence and intelligence-re- NFIP funds. The Conferees expect NDIC to be annex provides details of the Schedule. Sec- lated activities of the United States Govern- better integrated into the Intelligence Com- tion 102 is identical to Section 102 of the ment, the Community Management Account, munity, particularly with respect to House bill. and the Central Intelligence Agency Retire- counter-narcotics activities and strategic ment and Disability System, and for other Sec. 103. Personnel ceiling adjustments planning. purposes, submit the following joint state- Section 103 of the conference report au- Sec. 105. Office of Intelligence and Analysis of ment to the Senate and House in explanation thorizes the Director of Central Intelligence the Department of the Treasury of the effect of the action agreed upon by the (DCI), with the approval of the Director of managers and recommended in the accom- the Office of Management and Budget, in fis- Section 105 is similar to Section 105 of the panying conference report. cal year 2004, to authorize employment of ci- House bill. The Senate amendment had no The managers agree that the congression- vilian personnel in excess of the personnel similar provision. The Senate recedes with ally directed actions described in the House ceilings applicable to the components of the slight modifications. Section 105 authorizes bill, the Senate amendment, the respective Intelligence Community under Section 102 the establishment of an Office of Intelligence committee reports, and classified annexes by an amount not to exceed two percent of and Analysis within the Department of the accompanying H.R. 2417 and S. 1025, should the total of the ceilings applicable under Treasury (Treasury) to be headed by a presi- be undertaken to the extent that such con- Section 102. The DCI may exercise this au- dentially appointed and Senate-confirmed gressionally directed actions are not amend- thority only if necessary to the performance Assistant Secretary. Subsection (c) requires ed, altered, substituted, or otherwise specifi- of important intelligence functions. Any ex- that the Secretary of the Treasury consult cally addressed in either this joint Explana- ercise of this authority must be reported to with the DCI before recommending to the tory Statement or in the classified annex to the Intelligence Committees of the Congress. President an individual to be nominated to the conference report on the bill H.R. 2417. The Conferees emphasize that the author- the position. The Senate amendment struck all of the ity conferred by Section 103 is not intended As a result of the findings of the ‘‘Joint In- House bill after the enacting clause and in- to permit wholesale increases in personnel quiry into Intelligence Community Activi- serted a substitute text. strength in any intelligence component. ties Before and After the Terrorist Attacks The House recedes from its disagreement Rather, the section provides the DCI with of September 11, 2001’’ (Joint Inquiry), the to the amendment of the Senate with an flexibility to adjust personnel levels tempo- Conferees seek to ensure that there is full, amendment that is a substitute for the rarily for contingencies and for overages appropriate, and timely sharing of informa- House bill and the Senate amendment. The caused by an imbalance between hiring new tion and analysis within the U.S. Govern- differences between the House bill, the Sen- employees and attrition of current employment concerning financial networks associate amendment, and the substitute agreed to ees. The Conferees do not expect the DCI to ated with international terrorism. Since the in conference are noted below, except for allow heads of intelligence components to September 11, 2001, terrorist attacks, the clerical corrections, conforming changes plan to exceed levels set in the Schedule of U.S. Government has blocked the assets of made necessary by agreements reached by Authorizations except for the satisfaction of over 260 individuals and groups supporting the Conferees, and minor drafting and clari- clearly identified hiring needs that are con- terrorist causes. It has also frozen approxi- fying changes. sistent with the authorization of personnel mately $120 million in terrorist-related as- TITLE I—INTELLIGENCE ACTIVITIES strengths in this bill. In no case is this au- sets. Sec. 101. Authorization of appropriations thority to be used to provide for positions Currently, there is no single Executive Section 101 of the conference report lists denied by this bill. Section 103 of the House Branch office tasked by statute with ensur- the departments, agencies, and other ele- bill and Section 103 of the Senate amending that all elements of the intelligence and ments of the United States Government for ment are identical. law enforcement communities cooperate and whose intelligence and intelligence-related Sec. 104. Intelligence Community Management coordinate in the identification and the tar- activities the Act authorizes appropriations Account geting of terrorist financial assets. More- for fiscal year 2004. The list illustrates the Section 104 of the conference report au- over, coordination on terrorist financing oversight and legislative jurisdiction exer- thorizes appropriations for the Intelligence issues within Treasury, and between Treas- cised by the Intelligence Committees in both Community Management Account (CMA) of ury and the Intelligence Community, while Houses. It also reflects the primary jurisdic- the DCI and sets the personnel end-strength improving, is currently uneven and dis- tion of the Senate Select Committee on In- for the Intelligence Community Management jointed. The Conferees are convinced that telligence over all presidential nominations Staff for fiscal year 2004. Treasury must be more effective in articu- within the intelligence elements of all de- Subsection (a) authorizes appropriations of lating the counterterrorist financing mis- partments, agencies, and other entities of $221,513,000 for fiscal year 2004 for the activi- sion. Treasury must also implement the mis- the United States Government. The man- ties of the CMA of the DCI. sion requirements from an intelligence shar- agers note that this conference report marks Subsection (b) authorizes 310 full-time per- ing and operational perspective more effec- the first appearance of the Department of sonnel for the Intelligence Community Man- tively. Homeland Security in an intelligence au- agement Staff for fiscal year 2004 and pro- The managers recognize that the staffs of thorization bill. This reflects the jurisdic- vides that such personnel may be permanent the Office of Foreign Assets Control (OFAC)

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.054 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11617 and the Financial Crimes Enforcement Net- Sec. 302. Restriction on conduct of intelligence The Conferees expect that the unclassified work (FinCEN) possess unique analytical ca- activities report to all specified congressional commit- pabilities regarding terrorist financial tar- Section 302 is identical to Section 302 of tees will be substantially the same, except gets and that this resource should be lever- the Senate amendment and Section 302 of that intelligence source and methods infor- aged across the Intelligence Community. the House bill. mation should be included only in a classi- Treasury’s access to Intelligence Community Subtitle B—Intelligence fied annex provided to the Intelligence Com- information, however, must be enhanced if it Sec. 311. Authority of Federal Bureau of Inves- mittees. is to fulfill this mission. Treasury’s analyt- tigation to award personal services con- Sec. 312. Budget treatment of costs of acquisi- ical products need to be more effectively co- tracts tion of major systems by the intelligence ordinated with, and disseminated through- Section 311 would grant the Federal Bu- community out, the Intelligence Community. The Con- Section 312 was added to the Senate ferees note that the Chairman of the House reau of Investigation (FBI) specific statutory authority to enter into personal services amendment on the Senate floor. As amended Committee on Financial Services has pro- contracts for the procurement of services by the Conferees, the House recedes to this vided valuable input on the language of Sec- that are only in direct support of an intel- provision. tion 105. ligence or counterintelligence mission. The The Conferees are concerned about the cost The Conferees seek to establish a new of- Conferees expect that such services will be growth of major Intelligence Community ac- fice to accomplish this requirement within used, among other things, to provide the FBI quisitions, which result in a reshuffling of Treasury. The Conferees are hopeful that the with needed expertise in asset validation, the NFIP on an almost annual basis to ad- creation of this new office will streamline counterterrorism investigations, counter- dress consequential budget shortfalls. and centralize the U.S. Government’s capa- espionage activities, counterintelligence Funding requests submitted in the Presi- bilities to track terrorist financing networks damage assessments, counterintelligence dent’s budget generally reflect an estimate across the globe. The Conferees further ex- training, and related technical support. The that has been prepared by the same Intel- pect that the new office will be treated as a Conferees anticipate that this authority will ligence Community component that is re- full partner in the Intelligence Community, be used as a contracting mechanism when sponsible for the acquisition and operation of receiving all intelligence, law enforcement, other contracting mechanisms are insuffi- the system. The magnitude and consistency and other information necessary for it to cient to meet the national security require- of the growth of recent acquisitions indi- carry out its important task. ments of the FBI. The Conferees also note cates a systemic bias on the part of Intel- The Conferees also insist that the require- that this provision does not modify existing ligence Community components to under- ments of the ‘‘Intelligence Authorization Act restrictions on the use of contractors to per- estimate the funding required for major ac- for Fiscal Year 2003’’ (FY 03 Act) (P.L. 107– form ‘‘inherently governmental functions.’’ quisitions. Because of ‘‘perceived afford- 306) are met. Section 341 of the FY 03 Act re- This authority should not be used by the FBI ability,’’ more acquisitions are started, and quires that the DCI establish a Foreign Ter- to avoid or forestall the currently aggressive as a result, the NFIP is burdened with more rorist Asset Tracking Center (FTAT–C) with- efforts to recruit and hire qualified staff em- content than available resources can sup- in the Central Intelligence Agency (CIA). Es- ployees to fill personnel vacancies. port. tablishment of a Treasury Bureau of Intel- The Conferees believe that this authority In contrast, the Secretary of Defense has ligence and Analysis should markedly is consistent with the public’s desire that implemented a successful program requiring strengthen FTAT–C’s analytic capacity. Sec- the FBI operate with greater flexibility with the development of independent cost esti- tion 342 of the FY 03 Act also directed that respect to its national security mission fol- mates for major acquisitions. The Secretary the Secretary of the Treasury submit semi- lowing the September 11th attacks. The Con- has mandated the use of such estimates in annual reports concerning U.S. Government ferees believe, however, that the FBI should the Department of Defense budget requests. operations against terrorist financial net- use the increased flexibility afforded under Section 2434 of Title 10, United States Code, works. The first Section 342 report was due this section carefully. The FBI should imple- provides that ‘‘The Secretary of Defense may on February 1, 2003, but was not completed ment this section in a manner that strictly not approve the system development and until May 12, 2003. The Conferees expect that reflects the unique nature of the authoriza- demonstration, or production and deploy- the establishment of the Office of Intel- tion. The Conferees require that before a ment, of a major defense acquisition pro- ligence and Analysis within Treasury will contract can be entered into, the Chief Con- gram unless an independent estimate of the make future Section 342 reports more timely tracting Officer must determine that a per- full life-cycle cost of the program and a man- and informative with respect to U.S. Govern- sonal service contract is ‘‘the appropriate power estimate for the program [has] been ment progress against terrorist-related fi- means of securing’’ the needed services. Ad- considered by the Secretary.’’ Further, Title nancial targets. ditionally, the Conferees expect that the Di- 10 requires that the independent estimate be Sec. 106. Incorporation of reporting require- rector of the FBI will ensure that the au- prepared ‘‘by an office or other entity that is ments thority granted by this section is exercised not under the supervision, direction, or con- in a prudent manner and with appropriate Section 106 is similar to Section 105 of the trol of the military department, Defense oversight. Agency, or other component of the Depart- Senate amendment. The House bill had no Neither the House bill nor the Senate ment of Defense that is directly responsible similar provision. The House recedes to the amendment contained a similar provision. for carrying out the development or acquisi- Senate position. Section 106 incorporates This provision is similar to the authority af- tion of the program. * * *’’ into the Act by reference each requirement forded to certain Department of Defense ele- The Conferees note, with approval, that to submit a report contained in the joint ex- ments in Section 841 of the Conference Re- the DCI has already established an organiza- planatory statement to accompany the con- port accompanying the ‘‘Defense Authoriza- ference report or in the associated classified tion Act for Fiscal Year 2004.’’ The Conferees tion within the Office of the Deputy Director annex to this Conference Report. agreed to include this section, however, after of Central Intelligence for Community Man- learning that the increased pace and amount agement to provide an independent cost Sec. 107. Preparation and submittal of reports, analysis capability. This is a significant de- reviews, studies, and plans relating to intel- of work in the post-September 11th environment has created a need for this authority velopment because, historically, independent ligence activities of Department of Defense cost estimates have represented a much or Department of Energy for the FBI. The Conferees believe there exists an operational imperative for the FBI to more accurate projection of the costs of Section 107 is identical to Section 106 of enter into personal services contracts to sup- major acquisitions. The budget submitted to the Senate amendment. The House bill had port its counterterrorism, counterespionage, Congress, however, has typically reflected no similar provision. The House recedes. and counterintelligence missions. the Intelligence Community operational TITLE II—CENTRAL INTELLIGENCE The Conferees note that the Chairman of component’s cost estimate, which in general AGENCY RETIREMENT AND DIS- the House Committee on the Judiciary has has been significantly lower than a cor- ABILITY SYSTEM indicated that although he would prefer that responding independent estimate. Section 312 formalizes the process for de- Sec. 201. Authorization of appropriations this provision be carried in the ‘‘Department of Justice Appropriations Authorization Act, veloping independent cost estimates for Section 201 authorizes appropriations of Fiscal Years 2004–2006’’ (H.R. 3036), he has major Intelligence Community acquisitions. $226,400,000 for the Central Intelligence Agen- ‘‘no substantive objection’’ to the provision. The Conferees have included at subsection cy Retirement and Disability Fund. Section Additionally, the Chairman of the House (d) a restriction on the use of appropriated 201 of the House bill and Section 201 of the Committee on Government Reform has sub- funds with respect to major acquisitions for Senate amendment are identical. mitted a letter in support of including this which independent cost estimates have not TITLE III—GENERAL PROVISIONS provision in this Conference Report. been prepared, or for which the requirements Subtitle A—Recurring General Provisions Congress, through the statutory annual re- of Section 312 have not been followed. porting requirement contained in this sec- DoJ raised an objection to a subsection in Sec. 301. Increase in employee compensation and tion, and through its general oversight au- the Senate-passed bill requiring that the benefits authorized by law thority, will monitor the FBI’s use of this President’s budget request for the develop- Section 301 is identical to Section 301 of authority closely and will not hesitate to re- ment or procurement of a major intelligence the Senate amendment and Section 301 of vise the authority if exercised irresponsibly system must be an amount equivalent to the the House bill. or otherwise abused. most current independent cost estimate. DoJ

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.056 H19PT1 H11618 CONGRESSIONAL RECORD — HOUSE November 19, 2003 noted that such a requirement would violate Sec. 315. Extension of deadline for final report take advantage of the unique national secu- the Recommendations Clause of the Con- of the National Commission for the Review rity, military, and technical experience of stitution (Article II, Section 3), which proof the Research and Development Programs such personnel, and to try to keep the expe- vides that the President shall recommend to of the United States Intelligence Community rience from being lost to the U.S. Govern- Congress such legislative measures as he The House bill and the Senate amendment ment upon their discharge or release from deems necessary. contained similar provisions. The House re- active duty. To address DoJ’s Recommendations Clause cedes with minor amendments. Sec. 321. External Collection Capabilities and objection, the Conferees modified the provi- Sec. 316. Improvement of information sharing Requirements Review Panel sion. The provision included in this Con- among Federal, State, and local government Section 321 was added by the Conferees. ference Report now only requires that the officials The provision permits the President to es- President provide additional information to The House bill contained a similar provi- tablish an External Capabilities and Re- the Congress if the budget request is less sion. The Senate amendment had no such quirements Review Panel as specified in the than the amount set forth in the most cur- provision. The Senate recedes with amend- Classified Annex. rent independent cost estimate for the pro- ments. Subtitle C—Counterintelligence gram. This additional information, which is Section 316 authorizes the Secretary of Sec. 341. Counterintelligence initiatives for the required to be included in the budget jus- Homeland Security, in consultation with the intelligence community tification materials submitted to Congress, DCI and the Attorney General, to implement Section 341 contains several counterintel- would (1) explain the difference between the a program to improve the sharing of intelligence collected by the Federal government ligence reforms included in Section 321 of the amount requested and the independent cost House-passed bill. The Senate amendment estimate; (2) describe the importance of the with State and local officials. This program is intended to complement implementation contained no such provision. The Senate re- system to national security; (3) provide an cedes with amendments. assessment of the impact on funding intel- of the ‘‘Homeland Security Information Sharing Act’’ (P.L. 107–296, Title VIII, Sub- In addition to the statutory requirements ligence programs if the independent cost es- added by Section 341, the Conferees direct timate is accurate; and (4) provide any other title I). The program should be designed to encour- the National Counterintelligence Executive information the President considers appro- (NCIX) to consult with all components of the priate. age State and local officials, and certain private sector representatives, to share with Intelligence Community on the status of cur- The Intelligence Committees received a each other and with appropriate Federal offi- rent policies and procedures for conducting DoJ letter regarding the modified provision cials lawfully collected information vital to investigative reviews of production, mark- on the eve of conference. The letter expresses the prevention of terrorist attacks against ing, handling, storage, and communication DoJ’s judgment that, as modified, the provi- the United States. The training provided to of classified information, as well as training sion does not present any Recommendations officials and representatives should help on related security matters to protect intel- Clause concern. DoJ, however, maintains a these individuals to identify sources of po- ligence sources and methods. Not later than reservation with respect to the requirement tential threats, to report information related April 1, 2004, NCIX shall provide a written rein the modified provision that the budget to potential threats to the appropriate agen- port to the intelligence committees with an justification explain the difference between cies in the appropriate form and manner, and assessment of the adequacy of Intelligence the President’s budget request and the inde- to assure that reported information is sys- Community components’ investigation of pendent cost estimate. The Conferees have tematically submitted to the Department of their handling of classified information and considered DoJ’s position and are satisfied Homeland Security and disseminated to all the adequacy of training on related security that Section 312, as modified, represents an appropriate Federal departments and agen- matters. In this report, NCIX shall include appropriate accommodation of the interests cies. A report on the status of implementa- proposed uniform policies and procedures for at stake. The provision respects the Presi- tion of Section 892 of the ‘‘Homeland Secu- all Intelligence Community components to dent’s authority given by the Recommenda- rity Act of 2002’’ (Public Law 107–296) is also conduct annual inspections of each agency’s tions Clause and is consistent with required under this section. The project handling of classified information, to in- Congress’s powers and authority under Arti- grants no new authorities to any department clude, as appropriate, prohibitions on em- cle I of the Constitution to obtain informa- or agency for the collection of information. ployees’ bringing items such as cameras, document scanners, and personal electronic tion from the Executive Branch necessary Sec. 317. Pilot program on analysis of signals devices into Intelligence Community facili- for the consideration of legislation, particu- and other intelligence by intelligence ana- ties. After NCIX has reported to Congress larly legislation regarding budgetary mat- lysts of various elements of the intelligence uniform policies and procedures for the con- ters. community duct of annual inspections of the handling of Sec. 313. Modification of sunset of application of This Section is similar to Section 313 of classified information, NCIX may carry out sanctions laws to intelligence activities the Senate amendment. The House bill had its responsibility to implement an inspection no such provision. The House recedes with process by delegating to Intelligence Com- Neither the House bill nor the Senate minor amendments. munity components the task of carrying out amendment included a similar provision. Sec. 318. Pilot program on recruitment and the inspections. NCIX shall closely monitor, The Conferees have included, at Section 313, training of intelligence analysts and report to the intelligence committees a provision to strike Section 905 of the Na- This section is similar to Section 314 of the on, the performance of those inspections. tional Security Act of 1947 (50 U.S.C. 441d). Senate amendment. The House recedes with As passed by the House, the counterintel- This action revives Title IX of the National amendments. Upon enactment, the pilot pro- ligence reforms required by this section Security Act, which has been dormant since gram will be known as the Pat Roberts Intel- would have required the Attorney General, January 6, 2000. ligence Scholars Program. acting through the FBI Director, to establish Sec. 314. Modification of notice and wait re- Sec. 319. Improvement of equality of employment an FBI Office of Counterintelligence to in- quirements on projects to construct or im- opportunities in the intelligence community vestigate potential espionage activities prove intelligence community facilities within the FBI. The Conferees understand Section 319 is similar to Section 337 of the that the FBI has recently established such Section 314 was similar to versions passed House bill. The Senate amendment had no an office. Because of this development, the as House Section 311 and Senate amendment similar provision. The Senate recedes with Conferees agreed to drop the statutory re- minor amendments. The provision is in- Section 312. The House recedes with minor quirement for such an office. The Conferees tended to develop programs that will en- amendments. reaffirm their commitment to a fully em- hance ethnic and cultural diversity through- powered Office of Counterintelligence and Section 314 amends congressional notifica- out the Intelligence Community through the tion requirements for certain unprogrammed expect to be provided periodic reports on the recruitment of individuals with diverse eth- resource needs and operations of the office. construction and improvement projects nic and cultural backgrounds, skill sets, and Subsection (b) of Section 341 of the con- based on the cost of the project. These ad- language proficiency. ference report would require the Attorney justments take into account higher con- Sec. 320. Sense of Congress on recruitment as in- General, acting through DoJ’s Office of In- struction costs. telligence community personnel of members telligence Policy and Review, in consulta- Section 314 would also allow the DCI and of the Armed Forces on their discharge or tion with the DCI, acting through the Office the Secretary of Defense together, or the DO release from duty of the NCIX, to establish written policies and alone with respect to a project primarily for Section 320 was added by the Conferees. procedures to assist the Attorney General’s the CIA, to initiate certain unprogrammed Neither the House bill nor the Senate consideration of intelligence and national se- construction and improvement projects amendment contained a similar provision. curity equities in the development of indict- seven days after notifying Congress. Cur- With Section 320, the Conferees encourage ments and related pleadings in espionage rently there is a 21–day notification period. the Intelligence Community to recruit prosecutions. The Conferees note, however, In emergencies, these projects can be com- among American armed forces veterans of that DoJ should and does consult closely menced without prior notice. Use of this Operation Enduring Freedom, Operation with the Intelligence Community on all as- emergency authority is expected to be rare. Iraqi Freedom, and other military service to pects of espionage investigations, not just in

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.058 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11619 the development of indictments and related similar provision. The House recedes, with Sec. 372. Modifications of authorities on explo- pleadings. minor amendments. sive materials The Conferees also note that although the Sec. 352. Report on security background inves- Section 372 is identical to Section 352 of decision as to whether and whom to pros- tigations and security clearance procedures the Senate amendment. It is similar to Sec- ecute is ultimately and properly left to the of the Federal Government tion 332 of the House bill. The House recedes. discretion of the Attorney General there are Sec. 373. Modification of prohibition of the nat- significant and strategic intelligence equi- Section 352 is similar to Section 332 of the uralization of certain persons ties at stake in these types of cases. The Senate amendment. The House bill had no Conferees believe it is unwise for operational similar provision. The House recedes with Section 373 is identical to Section 353 of and prosecutorial decisions to proceed with- amendments. the Senate amendment and to Section 333 of out close consultation at every stage. The Sec. 353. Report on detail of civilian intelligence the House bill. Conferees are cognizant of the coordination personnel among elements of the intelligence Sec. 374. Modification to definition of financial that already occurs with respect to the dis- community and the Department of Defense institution in Right to Financial Privacy Act closure of classified information in the pres- Section 353 is similar to Section 333 of the entation of such cases. DoJ and the other Senate amendment. The House bill had no Section 374 is similar to both Section 354 of elements of the Intelligence Community are similar provision. The House recedes. the Senate amendment and to Section 334 of commended for this. the House bill. Section 374 of the Conference The Conferees believe, however, that the Sec. 354. Report on modifications of policy and Report expands the definition of ‘‘financial Attorney General should have the benefit of law on classified information to facilitate institution’’ for purposes of section–1 114 of the perspective of counterintelligence profes- sharing of information for national security the Right to Financial Privacy Act (12 U.S.C. sionals before making his decision on how purposes 3414 (RFPA). It provides enhanced authority much previously classified or sensitive infor- Section 354 is similar to Section 334 of the for authorized Intelligence Community col- mation should be included in a charging doc- Senate amendment. The House bill had no lection activities designed to prevent, deter, ument or in other pleadings. The Conferees similar provision. The House recedes with and disrupt terrorism and espionage directed note that the United States could lose its minor amendments. against the U.S. and to enhance foreign inability to learn more about the extent to Sec. 355. Report on strategic planning telligence efforts. which a spy has given away our national se- The Conferees believe this new definition curity secrets because so much information Section 355 is similar to Section 335 of the is necessary for effective counterintel- is contained in these types of documents. Senate amendment. The House bill had no ligence, foreign intelligence, and inter- The Conferees highlight the Robert Hanssen similar provision. The House recedes with national terrorism operations of the United case as an example. The Conferees recognize minor amendments. States. Section 1114 currently permits U.S. that there may be tactical or legal require- Sec. 356. Report on United States dependence on Government authorities engaged in counter- ments for including some such information. computer hardware and software manufac- intelligence or foreign intelligence activities The Conferees are concerned that some tured overseas to use ‘‘National Security Letters,’’ ap- charging documents or pleadings include in- Section 356 is similar to Section 336 of the proved by a senior government official, to formation that goes beyond that required by Senate amendment. The House bill had no obtain certain financial records from defined either criteria. The Conferees do not seek to similar provision. The House recedes with ‘‘financial institutions.’’ The definition of vitiate any prerogatives of the Attorney minor amendments. ‘‘financial institution’’ in the RFPA has General in determining whom to charge been essentially unmodified since the RFPA criminally, or how a matter should be Sec. 357. Report on lessons learned from military became law in 1978. This amendment updates charged. The NCIX is not required to concur operations in Iraq the definition to include those entities that in the Attorney General’s decisions in these Section 357 represents a combination of today provide financial services to individ- matters. The Conferees simply seek to im- Section 337 of the Senate amendment and uals, but would not be covered by the current prove the process by which the Attorney Section 344 of the House bill. The Senate re- definition. Financial records maintained by General makes these decisions when it in- cedes with minor amendments. The Con- these entities are not currently covered by volves a counterintelligence or an espionage ferees also expect that the House and Senate the RFPA and, thus, are not accessible by in- matter. When the Attorney General makes a Intelligence Committees will receive in writ- telligence elements of the United States decision to include information beyond that ing from the DCI in a timely fashion any and Government using this authority. In order to meeting the minimum requirements of the all status reports and updates concerning the expand the definition of ‘‘financial institu- Constitution for purposes of charging an in- activities of the Iraq Survey Group on a reg- tion’’ for purposes only of section 1114, this dividual, the Conferees merely seek to pro- ular, periodic basis. subsection adopts, in part, the definition of vide the Attorney General with as much in- Sec. 358. Reports on conventional weapons and ‘‘financial institution’’ found in section 5312 sight as possible on the effects of those deci- ammunition obtained by Iraq in violation of (a) (2) of Title 31, United States Code. It is sions on national security. certain United Nations Security Council res- important to highlight that this definition In addition to the statutory modifications olutions also is consistent with the definition used in in Section 341, the Conferees recommend Section 358 is similar to Section 338 of the section 804(5) of the Counterintelligence and that the Executive Branch move expedi- Security Enhancements Act of 1994 (50 U.S.C. tiously to implement further counterintel- Senate amendment. The House had no similar provision. The House recedes with minor 438). ligence reforms. In particular, the Conferees The Conferees intend that this authority amendments. have serious concerns with several aspects of be used for accessing records and informa- the handling of the Hanssen espionage case Sec. 359. Report on operations of Directorate of tion from financial institutions for counter- and other investigations. Information Analysis and Infrastructure intelligence, foreign intelligence, and inter- The NCIX damage assessment in the Protection and Terrorist Threat Integration national terrorism investigations. The Con- Hanssen matter also included a reference to Center ferees note, with approval, the significant the effect of Section 8318 of Title 5, United actions of the U.S. Government in tracking States Code, with respect to a spy’s coopera- Section 359 is similar to Section 340 of the terrorist finances. The Conferees believe tion with the U.S. Government. The Con- Senate amendment. The House bill had no that the authority granted by this section ferees are interested whether an amendment similar provision. The House recedes with will enhance the Government’s efforts in this to this section should be made so that both amendments. regard. This provision allows the U.S. Gov- the spouse and the individual whose action Sec. 360. Report on Terrorist Screening Center ernment to have, through use of ‘‘National caused the forfeiture of an annuity, or re- Section 360 is similar to Section 345 of the Security Letters,’’ greater access to a larger tired pay, under 5 U.S.C. 8312 and 8313 must House bill. The Senate amendment had no universe of information that goes beyond cooperate fully with the U.S. Government in similar provision. The Senate recedes with traditional financial records, but is nonethe- any lawful investigation or damage assess- amendments. less crucial in tracking terrorist finances or ment in order to maintain the spouse’s eligi- Sec. 361. Repeal and modification of report re- espionage activities. The Conferees under- bility for benefits. The Conferees direct the quirements relating to intelligence activities stand that this authority should be used for DCI and the Attorney General, jointly, to accessing records and information for the provide to the House and Senate Intelligence Section 361 is similar to both Section 339 of purposes of identifying an individual’s finan- Committees, no later than February 1, 2004, the Senate amendment and Section 342 of cial relationship with the specified financial a written assessment of their views on this the House bill. Each House recedes in part, institutions. particular question and how such an amend- with minor amendments. Section 3414 (a) (5) (C) of the RFPA re- ment would assist their respective organiza- Subtitle E—Other Matters quires the Attorney General to ‘‘fully in- tions. Sec. 371. Extension of suspension of reorganiza- form’’ the Congressional Intelligence Com- Subtitle D—Reports tion of Diplomatic Telecommunications mittees semiannually concerning all re- Sec. 351. Report on cleared insider threat to Service Program Office quests made pursuant to the provision. To classified computer networks Section 371 is identical to Section 351 of date, the Attorney General has limited these Section 351 is similar to Section 331 of the the Senate amendment and Section 331 of reports to statistical information. The Con- Senate amendment. The House bill had no the House bill. ferees accordingly request that the Attorney

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.060 H19PT1 H11620 CONGRESSIONAL RECORD — HOUSE November 19, 2003 General, pursuant to his responsibility to amendments. The Conferees note that this istration to move to a compensation struc- ‘‘fully inform’’ the House and Senate Intel- protection against tort liability extends only ture across government that rewards top ligence Committees, include in his next to officials of the Central Intelligence Agen- performers (i.e., ‘‘pay-for-performance’’). The semiannual report to these particular com- cy who are Agency personnel designated by Conferees are encouraged by the fact that mittees information about the process and the Director under Section 15 (a) of the the CIA has sought input and guidance from standards for approving National Security ‘‘Central Intelligence Agency Act of 1949’’ the Office of Personnel Management and Of- Letters. The Conferees also request that the (CIA Act) (50 U.S.C. 403o), or designated by fice of Management and Budget with respect next semiannual report include a description the Director under Section 5 (a) (4) of the to any restructuring of CIA’s compensation of issues (if any) concerning the scope of CIA Act (50 U.S.C. 4030 to carry firearms for system. Prior to any Agency-wide implemen- such letters, or financial institution compli- the protection of current or former Agency tation of Compensation Reform, the pilot ance with such letters, that have arisen in personnel and their immediate families, de- program must first be completed, and the Federal and State judicial, administrative, fectors, and their immediate families, and Conferees direct that the results of the pilot and regulatory settings, or otherwise. other persons in the United States under be provided to the Intelligence Committees The Conferees have amended the provision Agency auspices. in a written report within 45 days of the con- that appeared in both the House bill and Sec. 403. Repeal of obsolete limitation on use of clusion of the pilot program, as required by Senate amendment to ensure that all finan- funds in central services working capital Section 402 (b) (3) of the FY 03 Act. The cial institutions covered by the amended Na- fund House and Senate Intelligence Committees tional Security Letters provision are also Section 403 is identical to Section 403 of will scrutinize closely the written report on protected by the cost reimbursement and im- the Senate amendment and to Section 402 of the pilot program. The Committees must munity provisions of the Act (12 U.S.C. 3415, the House bill. have an opportunity to weigh fully the costs and benefits associated with this particular 3417). With those amendments, the House re- Sec. 404. Purchases by the Central Intelligence cedes. Compensation Reform plan. Agency of products of Federal Prison Indus- To ensure that the Intelligence Commit- Sec. 375. Coordination of Federal Government tries tees have a full opportunity to conduct this research on security evaluations Section 404 is an amended version of Sec- important review and carefully consider the Section 375 is similar to Section 355 of the tion 335 contained in the House bill. The results of the pilot program, the Conferees Senate amendment. The House bill had no Conferees modified the provision to better have included a provision that delays imple- similar provision. The House recedes with reflect actual Central Intelligence Agency mentation of Compensation Reform across amendments to ensure that classified infor- procurement practices, which already con- the Agency until after enactment of the ‘‘In- mation considered during the research ini- form to the goals envisioned by Section 335 telligence Authorization Act for Fiscal Year tiative is protected from unauthorized dis- of the House bill. The Senate amendment 2005.’’ Implementation of the program before closure. had no similar provision. The Senate re- the Intelligence Committees have rigorously Sec. 376. Treatment of classified information in cedes, with amendments as noted. reviewed the results of the pilot, would frus- money laundering cases Sec. 405. Postponement of Central Intelligence trate the intent of Congress in establishing Section 376 is identical to Section 357 of Agency compensation reform and other mat- the pilot program and requiring a report on the Senate amendment. The House bill had ters its results. The Conferees note that this pro- no similar provision. The House recedes. Section 405 contains language that is simi- vision restricts implementation of the pro- Section 376 amends section 5318A of title lar to Section 405 of the Senate amendment. gram across the CIA until the specified date. 31, United States Code. That section, which The House bill had no similar provision. Sec- This is anticipated to be a delay of a little was added in Section 311 of P.L. 107–56 (Oct. tion 405 includes certain statutory limita- less than a year, at the most. 26, 2001), permits the Secretary of the Treas- tions and reporting requirements designed to The Conferees note, however, that ulti- ury to take targeted action against coun- address misgivings regarding the Central In- mate acceptance (or specific statutory re- tries, institutions, transactions, or types of telligence Agency Compensation Reform pro- strictions on implementation) of this Com- accounts the Secretary of the Treasury finds gram. The Conferees have concerns regarding pensation Reform proposal certainly remains to be of ‘‘primary money-laundering con- the efforts of the DCI to revise and reform an open question. The answer to this ques- cern.’’ The new amendment will permit the the compensation structure of the Central tion will very much depend on the informa- Secretary of the Treasury, in a judicial re- Intelligence Agency. The DCI’s Compensa- tion provided to the Intelligence Committees view proceeding, to submit any classified in- tion Reform program also has engendered during the interim period, as well as the formation on which such a finding, or related anxiety among employees due to the per- willingness of the DCI and Senior CIA man- action, is based to the court ex party and in ceived impact the system may have on re- agers to constructively and cooperatively camera. This permission parallels the au- tirement benefits and compensation, in gen- engage in discussions with the Intelligence thority granted to the Secretary to submit eral. Committees on this Compensation Reform classified information to a reviewing court Subsection (b) of Section 405 addresses the proposal. The Conferees note with approval in connection with any proceedings under potential for decreases in employee retire- the DCI’s continued expression of his willing- the International Emergency Economic Pow- ment benefits. The provision permits those ness to consult and cooperate with Congress ers Act. In administering a proceeding in CIA employees designated by the DCI for in its ongoing review of this proposal. The which classified information is submitted to participation in the congressionally-directed Conferees take him at his word. As noted, a court under this provision, the Conferees Compensation Reform pilot program to con- the Conferees support generally the concept intend that a court will fashion procedures, tribute to Thrift Savings Plan accounts any that the CIA compensation system needs to necessary to assure a moving party due proc- part of their pay which they receive from be reformed. The question is whether this is ess of law, that resemble those already re- bonus monies under the program. the right system to be adopted. quired in similar situations in which the Generally, under current law, Federal em- The Conferees also have added two addi- government, or another party, seeks to base ployees can only contribute ‘‘basic pay’’ to tional reporting requirements to ensure the a claim or defense on classified information. their Thrift Savings Plans, not bonus mon- House and Senate Intelligence Committees ies. As a result, the Conferees note that pilot are fully advised of the effects that Com- Sec. 377. Technical amendments program participants have not been contrib- pensation Reform will have on employees. Section 377 is similar to Section 356 of the uting bonus monies to their Thrift Savings The first report will compare amounts that Senate amendment and to Section 343 of the Plans. Under the CIA’s Compensation Re- each employee participating in the pilot pro- House bill. The Senate recedes with amend- form pilot program, however, participating gram would have earned under the pre-exist- ments, including the addition of a technical employees will likely receive a higher per- ing compensation structure at the CIA with amendment to the ‘‘Federal Information Se- centage of their yearly compensation as per- amounts actually earned under the pilot pro- curity Management Act of 2002’’ (P.L. 107–296 formance bonuses. Treating these perform- gram. and P.L. 107–347) which was included in the ance bonuses as ‘‘basic pay’’ will permit Second, the Conferees direct the DCI to Senate amendment as Section 404. these employees to take full advantage of conduct a blind survey utilizing an inde- TITLE IV—CENTRAL INTELLIGENCE their ability to contribute to their Thrift pendent, external human resource or per- AGENCY Savings Plans, consistent with existing limi- sonnel consulting organization. This survey Sec. 401. Amendment to certain Central Intel- tations on the amount of contributions to shall be completed not later than March 31, ligence Agency Act of 1949 notification re- certain retirement accounts. The Conferees 2004. The purpose for the survey is (1) To quirements acknowledge that while this provision will gauge the level of concern among all CIA not compensate employees for the potential employees (both within the pilot program Section 401 is identical to’Section 401 of reduction in their federal annuities due to and throughout the CIA) with the Compensa- the Senate amendment. The House had no possible decreases in basic pay under the tion Reform program as currently proposed similar provision. The House recedes. Compensation Reform pilot program, it will and (2) to ascertain how many employees Sec. 402. Protection of certain Central Intel- encourage increased utilization of Thrift currently under the pilot program, having ligence Agency personnel from tort liability Savings Plans and, thus, partially offset any the benefit of their participation in such pro- Section 402 is similar to Section 402 of the retirement annuity reductions. gram, would choose to ‘‘opt out’’ of the pro- Senate amendment and Section 401 of the The Conferees are cognizant of, and gen- gram if they were to be given that option. House bill. The House recedes with minor erally supportive of, the desire of the Admin- The Conferees direct that all of the questions

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.062 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11621 to be presented in the survey shall be pro- provision in the House bill. The House re- velopment of a fully integrated manned and vided in full, and in writing, to the Commit- cedes. unmanned airborne reconnaissance architec- tees before the survey is taken. Moreover, Sec. 504. Measurement and signatures intel- ture for the future, with adequate capabili- the Conferees direct that the results of the ligence research program ties and availability to meet projected re- survey shall be provided in full, and in writ- quirements, minimize unnecessary duplica- Section 504 is similar to Section 505 of the ing, to the Intelligence Committees within 30 tion of effort, and maximize operational effi- House bill. There is no similar provision in days of the survey’s completion. ciency. the Senate amendment. The Senate recedes The Conferees further note that the DCI Some of these platforms, such as the with amendments, including amendments to has indicated his intention to keep employ- Navy’s EP–3E and the Army’s RC–12 Guard- ensure that classified information considered ees currently assigned to the pilot program rail, are nearing the end of their expected during the research initiative is protected within that program until such time as Com- service lives and are in urgent need of re- from unauthorized disclosure. pensation Reform is permitted to be imple- placement. The Conferees are concerned that mented across the CIA or its implementation Sec. 505. Availability of funds of National Secu- while the need to recapitalize manned air- Agency-wide is otherwise restricted by Con- rity Agency for national security scholar- borne reconnaissance platforms in a coordi- gress. ships The Conferees believe that it would be ap- nated, integrated fashion is well known Section 505 has no counterpart in the Sen- propriate for the DCI to permit employees within the DOD, only the Army has estab- who have been compensated under the pilot ate amendment or in the House bill. It is a lished a formal program for replacing its leg- program to ‘‘opt out’’ of the system at the provision adopted by the Managers during acy manned airborne signals intelligence re- end of the pilot program’s first year, if they the conference. connaissance platforms by the competitive desire to do so. Additionally, the Conferees OTHER MATTERS development and production of the Aerial Common Sensor (ACS). believe that it would be appropriate for the Reaffirming the functional definition of covert DCI to provide supplemental compensation action The Conferees are aware that the Navy is or benefits necessary to ensure that those interested in taking advantage of the work The Conferees have taken note of the text employees who might ‘‘opt out’’ of the pilot done by the Army on ACS, and is considering on covert action contained in the classified program and who actually lost compensa- the adoption of an ACS-based solution for re- annex to S. 1025, as reported on May 8, 2003, tion, or experienced a reduction in other ben- placement of the EP–3E. The Conferees ap- efits because of their directed participation by the Senate Select Committee on Intel- plaud the Navy efforts to establish a joint in the pilot program, are ‘‘made whole’’ by ligence (annex text). The Conferees intend program with the Army, but are concerned receiving an amount of compensation and the following language to substitute for the that a thorough analysis of options has not benefits equivalent to what they would have annex text: yet been conducted. While the Navy did com- received under CIA’s pre-existing compensa- The Conferees attach critical importance mission an initial analysis of options, the tion structure. to the requirements for covert action ap- Conferees feel a more rigorous, thorough The Conferees have not directed by statute proval and notification in the National Secu- analysis is warranted for such an important or otherwise that the DCI provide the ‘‘opt rity Act of 1947 (Act). In addition to the in- program. out’’ or ‘‘make whole’’ options to those af- formation and oversight value of mandatory The Conferees direct the Secretary of De- fected employees. The Conferees do, how- notification, fulfilling these notification re- fense to conduct a thorough analysis of op- ever, believe these options would be a fair quirements fosters great confidence in Exec- tions to replace the EP–3E mission capa- method of reimbursing those employees who utive Branch covert action programs. bility. The analysis should be conducted as may have been subjected to adverse financial The Administration has amply and repeat- expeditiously as possible in order to avoid circumstances based on their directed par- edly demonstrated its commitment to ad- delaying an EP–3E replacement. The Con- ticipation in the pilot program. The Con- here to the approval and notification re- ferees expect that the analysis should evalu- ferees commit the decision to institute such quirements of the National Security Act. ate: (1) all reasonable alternatives, including measures solely to the DCI’s discretion. Neither the Administration nor the Con- all manned and unmanned replacement al- TITLE V—DEPARTMENT OF DEFENSE ferees have sought or agreed to modify, ternatives, such as the RC–135 Rivet Joint, INTELLIGENCE MATTERS amend, or reinterpret the scope of the Act, Global Hawk unmanned aerial vehicle, and Sec. 501. Protection of certain National Security or approval and notification requirements the ACS; (2) the consistency of the cost Agency personnel from tort liability under the Act. The Conferees expect all de- methodology; and, (3) a solution that maxi- partments and agencies of the U.S. Govern- Section 501 is similar to Section 502 of the mizes signals intelligence capability, low ment to continue to comply fully with the Senate amendment and to Section 504 of the life-cycle costs, and increases interoper- Act and its legislative history. House bill. The House recedes with amend- ability. In order to ensure the Navy makes a ments. Manned airborne reconnaissance aircraft re- well-founded acquisition decision, the Con- Sec. 502. Use of funds for counterdrug and placement ferees direct the Secretary of the Navy not counterterrorism activities for Colombia Recent military operations in Iraq and Af- to proceed with the acquisition of an EP–3E Section 502 is similar to both Section 503 of ghanistan, along with broader requirements replacement until this analysis is complete the Senate amendment and to Section 501 of to support the global war on terrorism, and and the Defense Acquisition Board approval the House bill. The House recedes with standing global reconnaissance requirements has been granted. The Navy should use addi- amendments. have placed enormous operational tempo de- tional funding that may be available to expe- The Conferees believe that Colombian mands on manned airborne reconnaissance dite the study, analysis, and decision making President Alvaro Uribe’s approach to ending platforms operated by the U.S. Army, Navy, processes. Colombia’s long running terrorist insurgency and Air Force. The limited number of these The Conferees are also concerned that the and reducing narcotics production and traf- assets and the large number of requirements Air Force has not moved more aggressively ficking is the best chance for that country to placed on them have led to their designation to analyze program alternatives for replac- overcome the legacy of violence it has en- as ‘‘high demand/low density’’ assets that ing or modernizing the RC–135, which will dured for decades. President Uribe’s stead- have to be intensively managed by the De- also be required in future years. The Con- fastness in pursuing these goals takes on partment of Defense (DOD) to ensure their ferees believe that, when it is time to replace even greater significance when observed in most productive, efficient use. While many the RC–135 platform, DOD could avail itself the light of the sheer brutality of terrorist of these airborne reconnaissance platforms of more modern platforms that use state of attacks perpetrated on innocent Colombians were initially developed for service-specific the art technology in aircraft and intel- by narco-terrorists. Terrorist attacks on his reconnaissance requirements, they have ligence collection systems, emphasize lower inauguration ceremonies in Bogota make evolved over time into a patchwork airborne operating costs, and take full advantage of manifest the fact that Uribe himself remains reconnaissance architecture that is not opti- robust communications capabilities to re- a target of terrorist violence. mized to support national and combatant duce platform size, weight, and operational Section 502 allows funds available for intel- commanders’ intelligence requirements. costs. ligence and intelligence-related activities to Congress established the position of Under The Conferees direct the Secretary of De- be used to support a unified campaign Secretary of Defense for Intelligence fense to conduct a formal Analysis of Alter- against drug traffickers and terrorist organi- (USD(I)) in the National Defense Authoriza- natives (AOA) for replacement or moderniza- zations. The Administration has chosen to tion Act for Fiscal Year 2003 (P.L. 107–314). A tion of the RC–135 mission. The AOA shall pursue a policy in Colombia that recognizes clear intent of that action was to create a consider all manned and unmanned replace- the inseparable nature of these two threats. position and an organization in DOD that ment alternatives, including high altitude, The Conferees endorse this approach. This would better assess service and Defense-wide long endurance unmanned aerial vehicles, an section is an indication of the confidence the intelligence requirements and better de- ACS-based option, and more cutting edge Conferees place in President’s Uribe’s ag- velop, coordinate and integrate current and technologies such as high altitude aero-bod- gressive pursuit of the twin goals of ending projected DOD intelligence capabilities in ies. The AOA should also specifically address the insurgency and battling drug trafficking. support of service, joint, and national intel- the option of forming a joint program with Sec. 503. Scene visualization technologies ligence collection requirements. The Con- Army, Navy, and Air Force participation. Section 503 is identical to Section 504 of ferees expect the USD(I) to move expedi- The Conferees expect these analyses will the Senate amendment. There was no similar tiously to establish requirements for the de- be coordinated with the Under Secretary of

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Defense for Acquisition, Technology and Lo- as well as the protections afforded U.S. per- MIKE DEWINE, gistics and the USD(I), and will be a con- sons under applicable laws, regulations, and CHRISTOPHER S. BOND, sistent part of the comprehensive effort by Executive orders, can be applied to these new TRENT LOTT, the USD(I), in consultation, as appropriate, tools. The Administration should also con- OLYMPIA SNOWE, with the DCI, to establish requirements for sider whether new policies and procedures CHUCK HAGEL, the development of a fully integrated are necessary to ensure privacy protections SAXBY CHAMBLISS, manned and unmanned airborne reconnais- when these advanced information technology JOHN WARNER, sance architecture that makes appropriate tools are utilized in intelligence and law en- JAY ROCKEFELLER, use of reach-back technology. forcement activities. This examination CARL LEVIN, Development of sophisticated analytic tools should include diverse opinion and expertise DIANNE FEINSTEIN, and should be conducted with as much trans- Following the terrorist attacks of Sep- RON WYDEN, parency as possible, recognizing the impor- tember 11, 2001, the Intelligence Committees DICK DURBIN, tance of protecting intelligence sources and have repeatedly emphasized the importance EVAN BAYH, methods. of developing sophisticated new analytic JOHN EDWARDS, The Conferees direct that the Attorney tools to ensure the rapid processing and BARBARA A. MIKULSKI, General and the DCI jointly provide an un- analysis of foreign intelligence information, From the Committee on Armed Services: classified report, with a classified annex, as as well as increased collaboration among the WAYNE ALLARD, necessary, to the Intelligence Committees diverse national security elements of the BILL NELSON, regarding the application of the Constitu- Federal government. The potential value of Managers on the Part of the Senate. tion, laws, regulations, Executive orders, and such tools for ‘‘connecting the dots’’ is clear. f guidelines of the United States to the use of The Conferees recognize, however, that ad- these advanced analytic tools by the Intel- MOTION TO INSTRUCT CONFEREES vanced analytic tools, if misused, could im- ligence Community. This report should spe- pact the privacy of U.S. persons. Efforts by ON H.R. 2660, DEPARTMENTS OF cifically address existing protections for the the Defense Department and other agencies LABOR, HEALTH AND HUMAN collection, analysis, retention, and dissemi- to develop these tools have come under in- SERVICES, AND EDUCATION, AND nation of U.S. person information. Although tense scrutiny for this reason. To address RELATED AGENCIES APPROPRIA- the Conferees have not authorized the devel- reservations concerning possible encroach- opment, testing, or deployment of these ad- TIONS ACT, 2004 ments on individual liberties, the Fiscal vanced analytic tools against databases Mr. KILDEE. Mr. Speaker, I offer a Year 2003 and Fiscal Year 2004 Department of which contain information other than for- Defense Appropriations Acts (P.L. 108–7 (Di- motion to instruct. eign intelligence information, including pri- vision M) and P.L. 108–87, respectively) con- The SPEAKER pro tempore. The vate sector databases, the report should ad- tained limitations on the development and Clerk will report the motion. dress the application of existing laws or poli- use of certain ‘‘data-mining’’ activities. The Clerk read as follows: cies to searches of such databases, whether In Section 8131 of the Department of De- Mr. KILDEE moves that the managers on publicly or privately held, as well as any pro- fense Appropriations Act for Fiscal Year the part of the House at the conference on posed modifications to laws or policies that 2004, and in its accompanying classified the disagreeing votes of the two Houses on may be necessary in the future to ensure ap- annex, the Defense Advanced Research the bill, H.R. 2660, be instructed to insist on propriate protections for U.S. persons. The Projects Agency’s Terrorist Information no less than $14,247,432,000 for student finan- report should include an analysis of law, reg- Awareness program was terminated and re- cial assistance and the highest funding level ulation, and policy that takes into account quested funds were expressly provided to the possible for subpart 1 of part A of title IV of potential technological advances that will National Foreign Intelligence Program the Higher Education Act of 1965 (the Pell protect privacy interests, such as selective (NFIP) to develop ‘‘[p]rocessing, analysis, Grant Program). revelation technologies, enhanced access and collaboration tools for counterterrorism controls and audit trails, and techniques to Mr. KILDEE (during the reading). foreign intelligence.’’ Section 8131 prohibited ‘‘anonymize’’ U.S. person information. The Mr. Speaker, I ask unanimous consent ‘‘deployment and implementation’’ of these Conferees believe that the Attorney General tools except for that the motion to instruct be consid- and DCI should seek input from experts in (1) Lawful military operations of the ered as read and printed in the RECORD. law, technology, public policy, and national United States conducted outside the United The SPEAKER pro tempore. Is there security when drafting this report. This re- States; or objection to the request of the gen- port should be provided to the Intelligence (2) Lawful foreign intelligence activities tleman from Michigan? Committees no later than one year after en- conducted wholly overseas, or wholly against actment of this Act. There was no objection. nonUnited States citizens. From the Permanent Select Committee on The SPEAKER pro tempore. Pursu- The Conferees do not interpret the restric- ant to clause 7 of rule XXII, the gen- tion contained in Section 8131 as a restric- Intelligence, for consideration of the House tleman from Michigan (Mr. KILDEE) tion on the development of analytic tools for bill and the Senate amendment, and modi- ‘‘processing, analysis, and collaboration fications committed to conference: and the gentleman from Ohio (Mr. REG- tools for counterterrorism foreign intel- PORTER J. GOSS, ULA) each will control 30 minutes. ligence.’’ Instead, the Conferees recognize DOUG BEREUTER, The Chair recognizes the gentleman this language as a restriction on ‘‘deploy- SHERWOOD BOEHLERT, from Michigan (Mr. KILDEE). ment and implementation.’’ JIM GIBBONS, Mr. KILDEE. Mr. Speaker, I yield In the Classified Annex accompanying this RAY LAHOOD, myself as much time as I may con- RANDY ‘‘DUKE’’ Act, the Conferees have specifically author- sume. ized the use of the funds appropriated to the CUNNINGHAM, PETE HOEKSTRA, Mr. Speaker, the motion I am offer- NFIP to continue development of advanced ing today asks conferees to provide the processing, analysis, and collaboration tools. RICHARD BURR, The Conferees direct that any experiments TERRY EVERETT, highest possible funding level for the or efforts to test these tools should be con- ELTON GALLEGLY, Pell grant program. It is important to ducted only against U.S. Government data- MAC COLLINS, remember that the vast majority, 84 bases containing foreign intelligence infor- JANE HARMAN, percent of the 5 million Pell grant re- mation lawfully collected, analyzed, re- ALCEE L. HASTINGS, cipients have incomes less than $30,000. SILVESTRE REYES, tained, or disseminated under existing stat- Unfortunately, since President Bush utes, regulations, Executive orders, or Attor- LEONARD L. BOSWELL, COLLIN C. PETERSON, took office, this program and its recipi- ney General guidelines governing such ac- ents have suffered. tivities, including all applicable restrictions BUD CRAMER, concerning the collection, analysis, reten- ANNA G. ESHOO, During President Clinton’s term the tion, or dissemination of U.S. person infor- RUSH HOLT, Pell grant maximum rose from $2,300 to mation. The Conferees encourage active par- C.A. DUTCH $3,750. In contrast during President ticipation in these developmental efforts by RUPPERSBERGER, Bush’s current term the Pell grant has all elements of the Intelligence Community. From the Committee on Armed Services, for only risen $350 in the past 2 years. All The Conferees are convinced, however, that consideration of defense tactical intelligence this comes at a time when the cost of an analysis of the policies and procedures and related activities: DUNCAN HUNTER, college is rising significantly. necessary to safeguard individual liberties In the House and Senate fiscal year and privacy should occur concurrently with CURT WELDON, the development of these analytic tools, not Managers on the Part of the House. 2004 appropriations bill, these troubling as an afterthought. The Conferees recognize From the Select Committee on Intelligence: trends have continued. These bills that current restrictions on the conduct of PAT ROBERTS, freeze the maximum Pell grant at intelligence and law enforcement activities, ORRIN HATCH, $4,050, the first such freeze in a decade.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.066 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11623 As a result, the maximum Pell grant Mr. Speaker, I reserve the balance of lege education, that we do not think would finance only 36 percent of the av- my time. there is a stopping place, that the stu- erage individual’s college cost in the Mr. REGULA. Mr. Speaker, I yield dent thinks in terms of their future 2004 academic year under the Repub- myself such time as I may consume. ending up with some type of education lican bill. This is compared to 84 per- (Mr. REGULA asked and was given beyond high school. The Pell grants en- cent when the program was first estab- permission to revise and extend his re- sure that every child will have an op- lished. marks.) portunity that might not otherwise get To make matters worse, the House Mr. REGULA. Mr. Speaker, we could that chance. and Senate bill were actually under the just look at this chart and I would rest Mr. Speaker, I reserve the balance of administration’s admittedly paltry re- my case. The blue is the Pell grant my time. quest, under the administration’s re- under the Democrats. The red is the Mr. KILDEE. Mr. Speaker, I yield quest. This chronic underfunding, cou- Pell grants under the Republicans. myself such time as I may consume. pled with the sour economy, has led to Now, I am pleased that in the motion Mr. Speaker, the motion that was a growing deficit in the Pell grant pro- to instruct that the gentleman from read, that is for overall student aid. We gram. If we continue to underfund this Michigan (Mr. KILDEE) is urging us to maintain the House level, which is program, this deficit is likely to grow adopt the number passed that was in higher than the level of the other body. into the billions of dollars. the House-passed bill. We did not get a But we also ask that for the Pell grants Pell grant funding is crucial for those vote on the Democrat side; but, never- we reach the highest grant level pos- seeking to attend college. Almost two- theless, tonight we are being asked to sible. thirds of all students must borrow to instruct conferees to adopt the number Mr. Speaker, I yield such time as he finance their college education. The that was in the House bill. And that is may consume to the ranking member average student loan debt has nearly great. It was a good number as evi- of the committee, the gentleman from doubled over the past decade to $17,000. denced by the chart. This chart shows California (Mr. GEORGE MILLER). Mr. GEORGE MILLER of California. Pell grant recipients are four times the maximum award under the Pell Mr. Speaker, I thank the gentleman more likely to borrow student loans. grant program. It has grown under Re- from Michigan (Mr. KILDEE) for bring- Families of low-income, college-quali- publican leadership, as evidenced by the red line here. And in the labor bill ing this motion and giving us an oppor- fied, high school graduates face an an- tunity not only to speak on this issue nual unmet need of $3,800. College exit maintains the maximum award of $4,050 for fiscal year 2004. When we took but also to hopefully persuade the con- penses not covered by Pell grants, ferees to do as we suggest in his mo- control of the Congress in 1995, the work study, or student loans, $3,800. tion, and that is to seek an overall A college education is critical to an maximum Pell grant under the now- funding level of at least 14.3 million for individual’s future success. Individuals minority was only $2,340. And it was student aid and the highest possible funded at $6.2 billion. Today under the holding a bachelor’s degree earn an av- level for the Pell grant program. erage of 80 percent more than someone Republican leadership, the maximum is Today we are faced with the critical with just a high school diploma. Over a $4,050 and the amount in the budget au- need to expand opportunities for low- lifetime, this earnings’ gap for an indi- thority was $12.25 billion. and middle-income students to access I agree with the previous speaker, vidual with just a high school degree college education. Too many students widens to well over $1 million. These this is a great program. It gives mid- are forced to take on high loan debt, statistics are startling and make ac- dle-income students access to college. work long hours, and forgo college all cess to college education even more In 2004 there will be about 4.9 million together. Typical middle-income stu- important today. An investment in students, almost 5 million students dents face a $3,000-a-year unmet need Pell grants is truly an investment that will have a chance to go to college after all grants, loans, and work study, when you see the size of that gap. because of Pell grants. In the last 2 while the typical low-income student The recipients of those Pell grants years, the number of Pell grant recipi- faces an unmet need of some $3,800. For will return far more to the Treasury ents has surged by 25 percent. It is a millions of laid-off American workers, than what we received in the Pell good example of a need-based program additional education training is the grants. That is not just guessing; that meant to open doors and provide an key to successfully reentering the is going back in history to the GI Bill equality of education opportunity. The workforce. Without additional student of Rights. No one on my side of the poorer the student, the larger the aid, these workers will remain jobless city of Flint, Michigan, went to college award. It is a means-tested program, so for a longer period of time than nec- until the GI Bill of Rights came along. it recognizes that those with the most essary, or they may remain jobless for They went to college and they returned need get the most help. It is an exam- a very, very long time because of fail- far more to the Treasury than what ple of the Federal Government ena- ure to adapt their skills to the chang- they received from the government. bling school choice for millions of ing marketplace. This is truly an investment. Americans. They can use their Pell In California, alone, more than half a Unfortunately, the Republican record grants for public or private schools; million students workers who were re- on this issue is poor at best. In fiscal they can use them to attend religious tained rely on the Pell grants to attend year 1996 House Republicans cut Presi- schools. Real choice is one reason that college. Today the average Pell grant dent Clinton’s request for a $2,620 max- this country’s higher education system of $2,415 is worth approximately $50 imum Pell grant by $180. Over the past is the envy of the world. less in real terms than it was almost 30 2 years, the Pell grant has only in- And let me emphasize that in 2004 years ago. And that is the reason we creased $50. Both the House and Senate not one student will see their Pell are asking to hopefully honor these bills have frozen the maximum Pell grant reduced based on their cir- higher levels of the House-passed legis- grant. And now the Pell grant program cumstances. I think it is a record we lation. is running a deficit. This deficit is very can be very proud of. We can be proud likely to increase given our current as a Nation that we are providing some b 2030 budget and economic conditions. help to students to ensure that they Pell grants now represent just 11 per- Mr. Speaker, this House needs to have access to higher education. I cent of all student aid compared to take a stand today. We need to em- think more and more we come to real- Federal loans, which represent 45 per- phatically say that we are going to re- ize how important it is for individuals cent of all student aid. Thirty years verse the trend of recent years and ac- to get access and opportunity to get ago, the two major grant programs, tually invest in the Pell grant pro- the benefits that go with higher edu- Pell and the supplemental education gram. Without such an investment, our cation. opportunity grants, accounted for more students, especially the most needy, Personally, I would like to see the than 40 percent of all student aid. are going to continue to have the doors school system become seamless: from Today, they account for less than 20 of college education shut in their faces. the day that student ends the first percent. Mr. Speaker, I urge members to sup- grade that they think in terms of going Just as a higher education and stu- port this motion to instruct. through 16 years and getting the col- dent aid has become more important to

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.191 H19PT1 H11624 CONGRESSIONAL RECORD — HOUSE November 19, 2003 our national security and economic those decisions are made that this is budgets are tight, but we want to con- prosperity, President Bush called on sort of our last plea to try and meet gratulate my colleagues today for join- them to cut the maximum Pell grant, these numbers so that we can attend to ing support of the House numbers. and the Republican 2004 Labor-HHS the problems of low-income students As we review the education issues, I freezes the maximum Pell grant at who have worked hard in high school, think we had a chart up here last week $4,050. become eligible to go on to community on special education or whether it is In addition, the Republican 2004 college, to 4-year colleges, to univer- Pell grants or whether it is funding for Labor-HHS bill slashes the Bush ad- sities and that the financial support other education programs, since 1996 ministration’s overall Pell budget re- system is what really stands in their the Republicans have put money on the quest by $465 million. way. table for the youth of this country. We should support, and not oppose, We would hope that when we vote on More money in an 8- or 9-year period efforts to meet our critical national, the Kildee motion, I guess we will vote than has even come close to in 8 or 9 economic, and security needs. Yet the tomorrow, we would hope that it would years prior to that. That chart last Republican 2004 Labor-HHS bill not be overwhelmingly in support of that week on IDEA was almost the same as only fails to meet those needs but also motion and that message would be car- this, almost flat funding for 9 or 10 fails to meet the needs of current and ried into the appropriations delibera- years, and then a strong, steady esca- future college students. tions over the next couple of days and lation. I urge my colleagues to vote ‘‘yes’’ over the weekend, if necessary, in order We would like to have this chart on the Kildee motion to support these to hammer out a budget that we could going on up, but if we had not picked higher levels of funding, and I would all support for Pell grants and for stu- up the number of students we picked say to my friend and colleague from dent aid. up last year, we could have, because we Ohio (Mr. REGULA), the chairman of the I want to thank the gentleman who are putting in about $1 billion. subcommittee, that we would like to has been involved so many years in Let us join hands, but let us be fair. share a little credit for those increases higher education, on the authorizing Pell grants are the gas and oil of edu- in Pells since we had a Democratic committee, the gentleman from Michi- cation for the young people of this country, especially for the poor. They President a number of those years. We gan (Mr. KILDEE), for offering this mo- had a Democratic Senate, and we tion; and we look forward to everyone’s are the grants that give people help, would like to think we participated in support for this motion. and I can think of lots of them in my that effort. Mr. REGULA. Mr. Speaker, I yield as family. My younger brother was the What troubles us is the right-hand much time as he may consume to the first one to receive a college education. It was not available, Pell grants and edge of that chart where it is topping gentleman from Pennsylvania (Mr. PE- other grants were not available in out. It is sort of hitting a plateau and TERSON), a very valued member of the kind of running along there without subcommittee. Pennsylvania when I was in high those increases. The gentleman has Mr. PETERSON of Pennsylvania. Mr. school. I never had the opportunity to been a champion of education. I could Speaker, I thank the chairman for go to a college. Why? I looked at being not feel anymore comfortable than yielding me the time, and I would like in medical school. My family was too making the plea to him because I spent to commend the chairman for his lead- poor. There was no State help. I looked many hours with him on elementary ership on this issue. I know the gen- at going into forestry and found out we and secondary education and higher tleman from Ohio is a strong supporter could not afford that. So the minute I graduated from high education, and all of the issues that of education. school I went to work and built a life confront these institutions; and we I want to congratulate the Demo- with hard work; but my younger broth- have tried, I think, in our best wisdom crats for coming aboard. Where were er went to the military; and it was to try and improve those institutions. they in July when the chairman was through that program, after he came Clearly, we are now seeing part of it funding Pell grants at the level they back from Vietnam, that he got the is the turmoil in the economy, part of now want to support? Where were their first college education in our family, it is the turmoil in State budgets; but votes then? Or was partisan politics my brother Bruce, and I am very proud students are not able to put together more important? of him. It took him more than 4 years the financial wherewithal, and espe- I think the record speaks for itself. to do it, took him a while to get his act cially low-income students are starting We talk about a plateau up here, which together, but he got a college edu- not to apply to colleges and univer- may be a plateau in the maximum cation because the military system as- sities, and we know that we need them grant, but it is not a plateau in money. sisted him. to do this. Last year, it was $11.365 billion; this Yes, this program is vital to our fu- The gentleman and I have sat year, $12.250 billion, almost a $1 billion ture, and we are glad my colleagues are through numerous conferences where increase; but that has been absorbed by here tonight to support the Republican they have now made clearly the deter- the increased number of students. In position that was here in July but was mination in the employer community fact, from the beginning of this chart not adequately supported from their that what the student needs for entry we were talking about 2.9 million stu- party. Pell grants are not about Repub- level jobs, if that job is in any way dents, and at the end of this chart we licans and Democrats. They are about going to lead to a career, they need the are talking about 5 million students. kids, and I will stand on this record of same set of skills, talent, and edu- So the growth in the program has been achievement anytime. cation one would receive in an AA de- immense. We always wish it could have been gree, as they would just for entry level, Those who criticize the plateau we better, and the grant may have flat- but for many students, especially those have reached here in the maximum tened out in its maximum grant; but from low-income communities, that grant, let us go back to 1992, to 1993 the number of students, if we had that means that they have got to have some where there was a huge decrease; 1994, chart would show us continuing to go financial assistance for those 2 years of a continued decrease; 1995, a slight up because we have a lot more students college as they try to acquire those bump but still way below 1991 and 1992. getting them. We have a record of suc- skills. Should they desire to go on, ob- I do not know what was going on then, cess. We thank my colleagues for join- viously the burden gets greater. but my colleagues were in control, and ing us. Just wish they had been here in So I guess we do not feel that this is it shows the blue part here where the July. falling on deaf ears with the chairman real money for Pell grants was not put Mr. KILDEE. Mr. Speaker, I yield because he has been a champion. We in the budget. such time as he may consume to the are hoping, and I think he started in The increase of the maximum grant gentleman from Wisconsin (Mr. KIND). the omnibus appropriations bill this was not flat. It actually was declining Mr. KIND. Mr. Speaker, I thank my evening the negotiation and maybe the over a 3-year period. So there is no de- friend and leader from Michigan for Labor-HHS bill ends up in that appro- cline up here, and the reason there is yielding me this time, and I appreciate priations. We are hoping that as all of not growth is a strong growth in the and commend to him bringing this mo- those figures are moved around and number of students at a time when tion tonight. This is a very important

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.194 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11625 program in regards to higher education reliance on loans for students to fi- we were confused about. He talked funding, and the gentleman from nance their education. about a number of students that would Michigan (Mr. KILDEE) is someone who Again, in my congressional district, not get grants under this program. I probably has more institutional knowl- the average student, when they do wonder if he could give us that infor- edge in regard to the education pro- graduate from a 4-year university, is mation again. We did not understand grams and the funding of education facing on average about $17,000 of debt it. programs than anyone else in the coming out of school because of the Mr. KIND. Mr. Speaker, will the gen- House of Representatives. greater reliance on loans as opposed to tleman yield? I think this is an important motion. these grant programs. We are forcing Mr. PETERSON of Pennsylvania. I It is a timely motion because of the them to dig a fiscal hole at a crucial yield to the gentleman from Wisconsin. trend that will be set here with the time in their life when they are trying Mr. KIND. Mr. Speaker, I would be precedent being created in the next fis- to start a career, have a family, have happy to clarify my statement. By cal year as far as freezing the average children, and this trend has been going freezing the Pell Grant award in regard Pell grant award given in this country. on for some time. to the funding level that is established, But just to be clear, the motion calls My colleagues on the other side are there has been a score indicating that for not less than the House number finally pointing to the graph and that, 86,000 more students who would other- that we should strive for in conference, but they often neglect it was President wise qualify for Pell Grant funding will and I appreciate the work the chair- Clinton that was forcing this invest- not qualify as a consequence. This is man has done in regard to the defense ment in college education programs, nationwide, not just in the State of of education funding programs. He has why we saw the consistent trend line in Wisconsin. been a champion in this issue. But the 1990s; but let us also remind our- Mr. PETERSON of Pennsylvania. Re- what is being called for now is for the selves that he was doing that in the claiming my time, Mr. Speaker, what first time in over a decade freezing Pell context of balanced budgets and budget does the gentleman mean? If a person grant awards at $4,050. If this goes surpluses, because there is nothing qualifies for a Pell Grant, the program through, this will affect adversely easier to do in this place than to pass borrows money, if I understand it cor- 86,000 more students who would nor- a bill that is not paid for, and this has rectly, and then we have to replenish mally qualify for Pell grants, but will been a consistent trend for the last few it. But anybody who meets the criteria be shut out of the system. years: a $30 billion energy bill yester- of the Pell Grants will receive the Pell In Wisconsin, the State that I rep- day, perhaps a $400 billion prescription Grants, whether we budget enough resent, we have 58,000 students who medication bill later on this week, not money or not; am I correct? rely on Pell grants in order to go on to paid for, all deficit financing. That is Mr. REGULA. That is right. post-secondary education opportuni- easy politics to support, but when the Mr. KIND. Mr. Speaker, if the gen- ties. There are five State universities Clinton administration was increasing tleman will continue to yield so that I in my congressional district alone. Pell grant awards during the 1990s, we can clarify myself, it is in the context Thousands of students in Western Wis- were doing it in an era of budget sur- of all the regulatory changes as well consin rely on Pell grants in order to pluses, with fiscal discipline and fiscal that the administration is proposing in open up the doors to higher education. responsibility. the formula and the effect that that Not only by underinvesting in this Hopefully, they are not crowing too would have on the 86,000 students in area will we have an adverse impact on loudly in regard to what was occurring this country that this side is very con- future economic growth. I submit that in the 1990s versus the freeze now that cerned about and we are hoping to en- it is going to have national security we are seeing under one-party control gage our colleagues’ support on the implications as well. I think this body here in Washington. issue as well. would be well served to spend a little Mr. PETERSON of Pennsylvania. time studying the trends of places like b 2045 Well, Mr. Speaker, again reclaiming China and India and the education in- This is an important program. It does my time, I personally have no under- frastructure going on in those coun- affect so many students. Again, by standing of how a student who qualifies tries and the numbers of undergradu- freezing not only the Pell Grant pro- for a Pell Grant will not receive Pell ates that they are producing every gram but by freezing all campus-based Grants. The gentleman is talking year, which are going up year by year, student aid programs, college work about a number of issues here, but I including more engineering students study programs, SEOGs, Perkins’ think he is misleading the American being graduated in China and in India; loans, the LEAP program, we are going public a bit with that statement. If and if we do not invest in the future of to be forcing more and more students someone qualifies for a Pell Grant, our country, our youth, we are going to to have to build a debt route to finance whether we adequately fund the pro- leave them in a tough position to be their schooling, but more importantly gram or not this year, it will be able to compete in the global market- closing the door of opportunity for backfilled next year. place, not to mention perhaps slipping many students who would otherwise And so I hate to leave young people in regard to the technological edge and qualify for higher education, but will in America with the perception that superiority that we now hold as a Na- not be able to afford it because of the this budget could disqualify them from tion compared to other nations that lack of resources that are available. a Pell Grant, and if we did something are investing in this area. So I hope that my colleagues support different that they would get a Pell Just as an example, China yesterday this motion. I commend the gentleman Grant. I think that is a little less than announced that they are going to in- from Michigan for raising this issue in accurate. crease the fuel efficiency standards for a timely basis. Again, I commend the Mr. KILDEE. Mr. Speaker, I yield 3 the cars sold in China at higher stand- work that has been done even on the minutes to the gentleman from Penn- ards than what exists here in the other side, of the chairman in his de- sylvania (Mr. FATTAH). United States of America. Part of that fense of a lot of education funding in Mr. FATTAH. Mr. Speaker, let me is going to involve advances in tech- this fiscal year and also in past years. thank the sponsor of this motion for nology to enable them to do it. It is an But this is important and we should all the work that he has done. And let embarrassment that China is taking not lose sight in regard to the crucial me say, I do not believe there is anyone this unprecedented step, and we know investments that have to be made for in this Chamber who would be more en- in our gut that we should be doing it the future of our country, the youth of thusiastic about fully funding and here as well. our Nation. making available higher education op- When the original Pell grant program Mr. REGULA. Mr. Speaker, I yield 2 portunities than the gentleman from was passed many years back, it ac- minutes to the gentleman from Penn- Ohio, who is the chairman of this sub- counted for roughly 86 percent of the sylvania (Mr. PETERSON). committee. cost of a student with tuition and fees Mr. PETERSON of Pennsylvania. Mr. I think that none of us come to this and room and board. Today, that slips Speaker, the gentleman from Wis- floor tonight, at least I do not, as part below 50 percent. Now there is greater consin made a statement that I guess of some partisan attempt to win a few

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.196 H19PT1 H11626 CONGRESSIONAL RECORD — HOUSE November 19, 2003 debating points. The future of the We support the motion because the before I recognize the gentlewoman young people in our country is much motion is saying do what the Repub- from New York, to say that we, obvi- too important for us to make this a licans did on July 10 in terms of fund- ously, are concerned and worried that partisan back and forth. ing the Pell Grants. We are totally in whenever a conference committee I went to a number of institutions, agreement. We were in agreement then, meets that the House may come back but before I went to the University of and we are in agreement tonight. We with something less than what was in Pennsylvania and to the Kennedy like the program. We want to make the House version of the bill. That is School at Harvard. I went to the Com- sure that every student that meets the why this motion calls upon the con- munity College of Philadelphia. I went criteria of need will have an oppor- ferees to provide no less than the there able to enroll with the basic edu- tunity. House level for overall student finan- cational opportunity grant, a Pell So we do not have a disagreement to- cial aid and the highest amount of Grant recipient, when I started out as night on what we are trying to accom- funding for the Pell Grant program. a college student. I have at home to- plish, and we are pleased that the other Because strange things have happened night two young children, one 5 years side has this position tonight. We wish in conference before. old and another just 8 weeks old, and our colleagues had had it on July 10, Mr. Speaker, I yield 5 minutes to the two older ones who have matriculated but we welcome your support tonight gentlewoman from New York (Mrs. most of their way through higher edu- and will join you in this motion. LOWEY). cation, one through law school and an- Mr. FATTAH. Mr. Speaker, will the Mrs. LOWEY. Mr. Speaker, I want to other who is finishing a business edu- gentleman yield? join my colleagues in saying that we cation at a university home in Penn- Mr. REGULA. I yield to the gen- appreciate all the good work that the sylvania. tleman from Pennsylvania. gentleman from Ohio (Mr. REGULA) has I served with the gentleman who just Mr. FATTAH. Mr. Speaker, as we done, and we know of his great, great spoke from Pennsylvania for a long pe- would have wished that there would commitment. I have had the privilege riod of my years in the Pennsylvania have been at least one Republican that of serving on the committee with him, Senate and House, and during that voted for the Clinton economic plan, and we know of his great commitment time served in a leadership role at the there are times in which clarity on to education. And I feel confident that Pennsylvania Higher Education Assist- these issues is not as readily available. if the gentleman himself could put ance Agency, where over a million But I want to thank the chairman for more money into the Pell Grants and young people were provided, through all that he has done, and we hope that into this bill for education that he State grant assistance, the opportunity in this conference that we will do at would like to do so. I know that sometimes these decisions are not just left to go to college. We just launched in least as much as the gentleman was up to the chairman. Philadelphia an effort where we se- able to get the House to do. Mr. REGULA. Mr. Speaker, reclaim- But I do hope that we can get to- cured some $40 million through local gether, Democrats and Republicans, ing my time, we would like to do that, funds to make sure that every graduate and support the motion of my good and we will certainly make every effort of our public schools knows with a cer- friend, the gentleman from Michigan tainty that they can go on to college. because we have not changed our minds (Mr. KILDEE); that we can work to- This question of the future of our Na- since July 10 that this is a good pro- gether to hopefully get more money, tion is not just one for my daughters at gram and should receive the funding but, clearly, no less than was in the home, Cameron and Chandler, but it is that was incorporated in the bill at House bill, because that is the impor- that time. really the shaping impulse of the fu- tant point we want to make together. ture of our country that we not focus Mr. FATTAH. Mr. Speaker, if the We know the facts, Mr. Speaker. Over so much on the next election but that gentleman will continue to yield, I will the next 10 years, more than 16 million we focus on the next generation. We conclude by saying that I would hope students will be enrolled in America’s need these young people to be college there would come a day we could guar- colleges and universities preparing for educated in order to have an economy antee that every American youngster the challenges of a high-tech economy that works. would be able to qualify for a Pell and a highly-educated and productive I do not think anyone would suggest Grant or some vehicle for them to go workplace. Yet, affording higher edu- that since not one Republican voted for on to college. cation does remain a serious challenge the Clinton economic plan that some- The gentleman has done a lot of work for so many Americans. how they were not for 20 million new with me on GEAR UP and other I meet with college students often, jobs, or they were not for balanced projects, and we are doing a lot, but and I recently met with several stu- budgets, or they were not for the sur- there is more to be done because mil- dents to discuss the high cost of college pluses that were generated during the lions of our young people in this coun- tuition. The chairman and I know that Clinton years. Those Democrats that try do not yet know with a certainty most of these students are working two found some question about this appro- that they can go to college, and we and three jobs. With the cost of college priations bill earlier in this session have not, in this time of high tuition increasing faster than the rate of infla- were voting because they wanted more increases, kept pace. That is all we are tion, many of these students are really done, not less done. And we come here asking tonight; that we do as much as struggling just to pay the bills. In fact, tonight to join with the chairman and we can do at this moment in time. one student at a local college told me to say that at a minimum the con- Mr. REGULA. Once again reclaiming that his parents were denied credit in ference committee, which both of us my time, Mr. Speaker, we are in agree- purchasing a house because of all the serve on, should do at least as much as ment on Trio and GEAR UP, and I outstanding student loans he is wear- the House has suggested that we do. think the gentleman would be in agreeing around his neck, and it is so very Mr. REGULA. Mr. Speaker, I yield ment that we make the system as difficult for him. myself such time as I may consume, seamless as possible so that these stu- We understand how important an and let me make a couple of points dents will enter kindergarten and the education is, and an advanced degree here. first grade with the idea that they are should not be this difficult or this cost- One, not one student will be denied a going to go all the way. And part of ly. One would hope that during these Pell Grant that meets the qualifica- that would be the Pell Grants, to en- hard economic times students attend- tions. Number two, the formula is writ- sure that, regardless of their economic ing college could count on greater sup- ten into the law, and we are not chang- circumstances, and that is often be- port from the Federal Government, and ing the formula. So the maximum yond their control, but that they are that is what this is all about. As hard amount will remain the same. And, still going to get that kind of an oppor- as Chairman REGULA worked, and number three, on July 10, 215 Repub- tunity. many of us were prodding us all on, licans voted for the bill, and my col- Mr. Speaker, I reserve the balance of neither the House or the Senate bills leagues tonight are saying in this mo- my time. increase the assistance. For example, tion that they agree with the number Mr. KILDEE. Mr. Speaker, I yield we know that the maximum Pell Grant that was adopted then. myself such time as I may consume, is frozen at $4,050.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.198 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11627 And let me remind my colleagues, I gentleman from Ohio (Mr. REGULA) Mr. Speaker, I urge Members to think it is important to note that when pointed out, the dollar amount is in stand with America’s college students the Pell grant was started in 1975, the statute and so no student is going to in supporting the Corzine amendment grants paid about 84 percent of college lose the Pell grants this year; but as in conference and in supporting the costs and it now pays only 41 percent. long as we continue to underfund them Kildee motion. So the average student loan debt has and borrow money from subsequent Mr. REGULA. Mr. Speaker, I yield nearly doubled over the last 5 years. years so we can pay the tuition for this myself such time as I may consume. Last year, the average undergraduate year’s students, the program is not Mr. Speaker, let us be clear, there borrower left school with nearly $17,000 healthy and that needs to be adjusted. are no students going to be cut off. in debt due to Federal student loans. I join with my colleagues and echo the Those that meet the qualifications are With nearly 64 percent of students de- comments of the gentleman from going to get the grants in accordance pending on student loans, how can we Michigan (Mr. KILDEE) and others in with their family’s economic situation. in good conscience, Democrats and Re- this motion to instruct. The formula is written into the law. publicans, all of us, keep the Pell stag- I would like to take an opportunity We are not changing that. nant and flat fund the very programs to talk about another issue regarding Secondly, what this motion proposes that encourage States to implement Pell grants and their affordability. In is to do exactly what the House did on needs-based aid, especially when col- May of this year, the Department of July 10. We welcome the support of the Education published updates to the al- leges across the country are instituting other side of the aisle and the fact that lowance for State taxes and other taxes record-high tuitions to make up for fal- they are joining the 215 Members that that are used by students and their tering State budgets and decreased phi- voted for the bill that contain the Pell families to calculate the expected fam- lanthropy. grant numbers exactly as are being ily income, or what they know as the So in conclusion, let us remember proposed tonight, and we certainly sup- EFC. The EFC is the amount students that over the course of a lifetime, a port the motion to instruct because and their families are expected to con- college graduate can expect to earn $1 this motion is instructing House Mem- tribute toward college in a given year, million more than a high school grad- bers to do what we did on July 10. We and a family’s EFC determines eligi- uate, and clearly making college acces- are happy to join the other side in this bility for Pell grants and other Federal sible to all Americans is a sound in- effort and hope on a bipartisan basis aid, and many private institutions use prospectively in the future that we re- vestment. So what I am really hoping EFC to determine eligibility for pri- with this very important motion, and I tain strong support for Pell. vate financial aid. All of the arguments that have been want to thank my friend, the gen- Unfortunately, the Department’s made tonight are very compelling, and tleman from Michigan (Mr. KILDEE), change in how the State and local it is what I would like to see, and that and I hope that Democrats and Repub- taxes are figured into a family’s ability is to get the system seamless so that licans will support it, that we work to pay will increase the contribution young people think in terms of 16 very, very hard to help the 2.9 million expected from the family for nearly all graduating high school students, the 5 American families. While the impact of years, because if America is to be com- million Pell Grant recipients, and the increases in EFC will vary from stu- petitive in the years ahead, we need a millions of Americans who rely on student to student and family to family, it very well-educated population. We dent aid programs to make attending will reduce aid for many students. In have seen time and again how impor- college a reality. fact, the Department of Education re- tant that is to the future of our Nation. Once again, I know of Chairman REG- cently determined that the changes in Mr. Speaker, I yield back the balance ULA’s deep commitment to education, the State and local tax allowances of my time. Mr. KILDEE. Mr. Speaker, I yield and I know that in the conference he would cause about 84,000 students to will do everything he can, and I hope lose their Pell grants entirely and myself the balance of my time. Parliamentary procedures did not en- that at a very minimum the House would reduce Pell grants overall by able us to ask for a higher amount, or number is kept and that we will not go maybe $300 million. Students will lose we would have asked for a higher below it. Because we all who are com- many other types of Federal, State, mitted to education and working so and private assistance as well under amount. The motion calls upon the conferees hard on this very important com- this new calculation. mittee, which we treasure, we all hope At a time when tuition costs are ris- to provide no less than the House level that we can increase these numbers in ing and the economy is sputtering, it is for overall student financial assistance years to come because we both under- troubling that the administration and the highest amount of funding for stand the importance of it. So let us would make any changes, any changes the Pell grant program. make sure we do not go below the that would reduce financial aid. Fur- Without adequate resources in this House number. thermore, these changes are grossly program, low- and moderate-income students will not be able to gain a post- b 2100 unfair. They reduce the credit that families get for paying State and local secondary education. College costs are Mr. REGULA. Mr. Speaker, I reserve taxes at the very time when they are soaring, we know that. So much so the balance of my time. paying more State and local taxes. that Democratic Members introduced Mr. KILDEE. Mr. Speaker, I yield 4 According to the National Associa- legislation today to help hold down col- minutes to the gentleman from New tion of State Budget Officers, State lege tuition increases. But without ad- Jersey (Mr. HOLT). taxes increased by more than $8 billion ditional Pell grant funding, our need- Mr. HOLT. Mr. Speaker, I thank the in fiscal year 2003 and will grow even iest students are going to continue to gentleman from Michigan (Mr. KILDEE) more, maybe $17 billion, in 2004. When be left behind. for this motion, and I want to thank the Senate considered the Labor-HHS This Congress is able to pass massive the gentleman from Ohio (Chairman appropriations, Senator CORZINE of- tax cuts, which I voted against, for the REGULA) who certainly has the best of fered an amendment to block these new wealthiest in our Nation; yet the max- intentions, but there are times when a changes from the administration, and imum Pell grant has barely been in- motion to instruct can help a well- it passed on a large bipartisan vote. creased since President Bush entered meaning chairman get the most out of The gentleman from Florida (Mr. office. The Pell grant program is run- a conference. KELLER) and I, along with 75 other ning a deficit. This deficit is likely to As the gentlewoman from New York Members, including the gentleman increase based on the likely outcome of (Mrs. LOWEY) pointed out, Pell grants from Michigan (Mr. KILDEE), have writ- this conference, and that is our con- have eroded in their purchasing power. ten a letter to the appropriators urging cern. They were intended to provide three- Congress to retain the Corzine amend- The President’s record on Pell is quarters of a typical college tuition. ment so that in this conference or in clear. Pell grant funding has not been a Now it is maybe a third. any other bill that includes fiscal year priority since President Bush took of- Furthermore, as the gentleman from 2004 funding for the Department of fice. Increases in this account have Pennsylvania (Mr. PETERSON) and the Education, the cuts would be restored. largely been due to Democratic efforts

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.200 H19PT1 H11628 CONGRESSIONAL RECORD — HOUSE November 19, 2003 to raise funding. In order to ensure a The question was taken; and the Yitzak Rabin was a hero dedicated to well-educated workforce, we need to Speaker pro tempore announced that the security, the stability, and the suc- provide opportunities for all individ- the ayes appeared to have it. cess of the State of Israel who gained uals to gain a college education. Low- Mr. KILDEE. Mr. Speaker, on that I trust among Israelis and among Arabs. and moderate-income individuals need demand the yeas and nays. His strength, courage, and commit- Pell grants to attend college. It is that The yeas and nays were ordered. ment to peace in the Middle East has simple. Unless we make Pell grant The SPEAKER pro tempore. Pursu- inspired thousands. Although his funding a priority, we are not pro- ant to clause 8 of rule XX and the dream for peace has not been realized, viding everyone, regardless of their Chair’s prior announcement, further his vision has not faded from our economic means, with a college oppor- proceedings on this motion will be hearts. tunity. I urge Members to support this postponed. I rise today to commemorate the life motion. f and achievements of this extraordinary Mr. CASTLE. Mr. Speaker, I rise today in statesman. May his vision inspire and support of the Kildee Motion which recognizes REPORT ON RESOLUTION PRO- VIDING FOR CONSIDERATION OF endure for generations to come, and what the House, and Chairman REGULA, have may we pay tribute to his legacy by done to increase funding for our student finan- MOTIONS TO SUSPEND THE RULES continuing his quest for peace in the cial assistance programs. It is my hope that Middle East. the conference report will sustain these in- Mr. SESSIONS, from the Committee Mr. Speaker, I will insert in the creases and that this Congress will maintain on Rules, submitted a privileged report RECORD at this point Yitzak Rabin’s our consistent support for higher education. (Rept. No. 108–382) on the resolution (H. The vital programs at hand increase access last speech which he delivered the Res. 449) providing for consideration of night of his assassination. to higher education and help to make college motions to suspend the rules, which more affordable for students and parents was referred to the House Calendar and THE LAST SPEECH—PEACE RALLY, KINGS OF ISRAEL SQUARE, TEL AVIV, NOVEMBER 4, 1995 across the country. While student aid is key ordered to be printed. these increases are not the sole solution to Allow me to say, I am also moved. I want f the crisis we are facing in American institu- to thank each and every one of you who tions of higher learning. Statistics show col- REPORT ON RESOLUTION PRO- stood up here against violence and for peace. lege tuition has been increasing well beyond VIDING FOR CONSIDERATION OF This government, which I have the privilege the cost of living, causing students to graduate H.J. RES. 78, FURTHER CON- to lead, together with my friend Shimon TINUING APPROPRIATIONS, FIS- Peres, decided to give peace a chance. A with incredible debt. For example, over the peace that will solve most of the problems of past 10 years, after adjusting for inflation, av- CAL YEAR 2004 the State of Israel. I was a military man for erage tuition and fees at both public and pri- Mr. SESSIONS, from the Committee twenty-seven years. I fought as long as there vate 4-year colleges and universities rose 38 on Rules, submitted a privileged report were no prospects for peace. Today I believe percent. This is an extraordinary problem, a (Rept. No. 108–383) on the resolution (H. that there are prospects for peace, great problem that I am dedicated to understanding Res. 450) providing for consideration of prospects. We must take advantage of it for and addressing. the sake of those standing here, and for the the joint resolution (H.J. Res. 78) mak- sake of those who do not stand here. And I have always argued that increased funding ing further continuing appropriations must be accompanied by fundamental re- they are many among our people. for the fiscal year 2004, which was re- I have always believed that the majority of forms. It is incumbent upon us, as legislators, ferred to the House Calendar and or- to make every effort to ensure taxpayer dollars the people want peace, are prepared to take dered to be printed. risks for peace. And you here, by showing up are spent carefully and effectively. Increasing f at this rally, prove it, along with the many federal spending will never eliminate all bar- who did not make it here, that the people riers to higher learning, as the pace of tuition REPORT ON RESOLUTION WAIVING truly want peace and oppose violence. Vio- is growing too fast. The Committee on Edu- POINTS OF ORDER AGAINST CON- lence is undermining the very foundations of cation and the Workforce is in the process of FERENCE REPORT ON H.R. 2417, Israeli democracy. It must be condemned, reauthorizing the Higher Education Act and I INTELLIGENCE AUTHORIZATION denounced, and isolated. This is not the way am confident we will do all that we can to ACT FOR FISCAL YEAR 2004 of the State of Israel. Controversies may tackle rising tuition and fees in a meaningful arise in a democracy, but the decision must Mr. SESSIONS, from the Committee be reached through democratic elections, manner. on Rules, submitted a privileged report In my opinion, one way we can begin com- just as it happened in 1992, when we were (Rept. No. 108–384) on the resolution (H. given the mandate to do what we are doing, bating rising costs is by empowering parents Res. 451) waiving points of order and to continue to do it. and students with information. Imposing more against the conference report to ac- I want to thank from here the President of transparency into the process will require company the bill (H.R. 2417) to author- Egypt, the King of Jordan, and the King of schools to answer to the consumer about the ize appropriations for fiscal year 2004 Morocco, whose representatives are present where their money is going, the choices that for intelligence and intelligence-re- here, conveying their partnership with us on school is making, as well as their efforts to the march toward peace. But above all—the lated activities of the United States contain costs. In essence it becomes a team people of Israel, who have proven, in the effort where the winners are the student. Government, the Community Manage- three years this government has been in of- I believe in a balance of adequate education ment Account, and the Central Intel- fice, that peace is attainable, a peace that funding and fiscal constraint. Considering our ligence Agency Retirement and Dis- will provide an opportunity for a progressive current domestic and international responsibil- ability System, and for other purposes, society and economy. Peace exists first and foremost in our prayers, but not only in ities, I believe the House Labor, Health and which was referred to the House Cal- endar and ordered to be printed. prayers. Peace is what the Jewish People as- Human Services and Education Appropriations pire to, a true aspiration. Act represents a delicate balance between in- f Peace entails difficulties, even pain. Israel creased funding for all federal education pro- ANNIVERSARY OF THE DEATH OF knows no path devoid of pain. But the path grams and fiscal restraint. I supported these ISRAELI PRIME MINISTER of peace is preferable to the path of war. I levels when they passed the House in July YITZAK RABIN say this to you as one who was a military and I support them again today. man and minister of defense, and who saw Mr. KILDEE. Mr. Speaker, I yield (Mr. MORAN of Virginia asked and the pain of the families of IDF soldiers. It is back the balance of my time. was given permission to address the for their sake, and for the sake of our chil- The SPEAKER pro tempore (Mr. House for 1 minute and to revise and dren and grandchildren, that I want this government to exert every effort, exhaust every ROGERS of Alabama). Without objec- extend his remarks.) Mr. MORAN of Virginia. Mr. Speak- opportunity, to promote and to reach a com- tion, the previous question is ordered prehensive peace. on the motion to instruct. er, earlier this month marked the anniversary of the death of former Israeli This rally must send a message to the There was no objection. Israeli public, to the Jewish community The SPEAKER pro tempore. The Prime Minister Yitzak Rabin. A true throughout the world, to many, many in the question is on the motion to instruct man of peace, his life was tragically Arab world and in the entire world, that the offered by the gentleman from Michi- cut short during a rally for peace in people of Israel want peace, support peace, gan (Mr. KILDEE). Tel Aviv. and for that, I thank you very much.

VerDate jul 14 2003 04:23 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.202 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11629 SPECIAL ORDERS be a big disappointment to them, in my going to be very upset not only with The SPEAKER pro tempore. Under opinion. the Congress, but with AARP and other the Speaker’s announced policy of Jan- The other thing I would like to point groups that say this is a very good first uary 7, 2003, and under a previous order out is the cost of Medicare and Med- step. Because when they find out that of the House, the following Members icaid. the benefits that they anticipate are will be recognized for 5 minutes each. When I first got elected to the Indi- not there, they are going to be very ana General Assembly, and I served in angry just like it was in 1988. I would f the Indiana State Senate, we were like to say to my colleagues, let us do The SPEAKER pro tempore. Under a blackjacked by the Federal Govern- what absolutely must be done to help previous order of the House, the gen- ment into taking Medicaid. At that seniors. Seventy-six percent of the sen- tleman from Michigan (Mr. MCCOTTER) time they told us it would cost about iors have a plan where they get their is recognized for 5 minutes. $20 million per year for the Medicaid prescription drugs already. Twenty- (Mr. MCCOTTER addressed the bill. four percent do not. We ought to help House. His remarks will appear here- the 24 percent who do not. Those are b 2115 after in the Extensions of Remarks.) the ones that we need to be helping. If f Medicaid in Indiana this past year we did that, I think we would solve a The SPEAKER pro tempore. Under a was $1.3 billion for our share and $2.5 large part of the problem. previous order of the House, the gen- billion for the Federal Government I will be back tomorrow night. tleman from Ohio (Mr. BROWN) is rec- share. If you just take the Indiana The SPEAKER pro tempore (Mr. ognized for 5 minutes. share, you will find that it is about 70 ROGERS of Alabama). Under a previous (Mr. BROWN of Ohio addressed the times what the initial cost was of Med- order of the House, the gentlewoman House. His remarks will appear here- icaid. So it went up 70 times since 1969. from the District of Columbia (Ms. after in the Extensions of Remarks.) If you look at Medicare, Medicare was NORTON) is recognized for 5 minutes. (Ms. NORTON addressed the House. f passed in 1965 and in 1967 Medicare cost, across the country, $3 billion. In Her remarks will appear hereafter in WHAT SENIORS WILL REALLY PAY 2001, Medicare cost $241 billion. I think the Extensions of Remarks.) The SPEAKER pro tempore. Under a it is very important that we put all f previous order of the House, the gen- this in perspective, because Medicare EXCHANGE OF SPECIAL ORDER tleman from Indiana (Mr. BURTON) is went up 80 times since 1965, Medicaid recognized for 5 minutes. went up 70 times since 1969. And so we Mr. CUMMINGS. Mr. Speaker, I ask Mr. BURTON of Indiana. Mr. Speak- can anticipate that there will be a unanimous consent to take my special er, we are going to be voting before the rapid growth in the prescription drug order time out of order. The SPEAKER pro tempore. Is there end of the week on probably one of the coverage as seniors find out what they objection to the request of the gen- most sweeping reforms in Medicare in are not getting and what they ex- tleman from Maryland? the history of the program, and it is pected. There was no objection. going to involve prescription drug cov- I would like to say to my colleagues erage for seniors. There is a lot of mis- on both sides of the aisle, seniors need f understanding about the bill, mainly to get the facts. The fact is they are IN MEMORIAM: HOWARD PETERS because the bill has not been reported not going to get the benefits that they RAWLINGS, 1937–2003 out of the committee yet; but we have think they are going to get, and if they The SPEAKER pro tempore. Under a gotten a synopsis of the bill, and I do get the benefits that they think previous order of the House, the gen- think it is important to see what this they are going to get, the cost is going tleman from Maryland (Mr. CUMMINGS) is really going to do. to be much higher than the $400 billion is recognized for 5 minutes. Tonight, and I am going to be doing over 10 years they have talked about. Mr. CUMMINGS. Mr. Speaker, I rise this every night, tonight I have a chart As a matter of fact, I have been told, to remember and honor a teacher and that shows what seniors will really pay and I cannot verify this, that CBO has mentor and a friend, a dedicated hus- on average. This is an average. If we said it is going to cost $432 billion over band and father from my hometown of look at the chart, the annual premium the next 10 years, and the bill has not Baltimore who rose from modest begin- that seniors will pay every year is $420, yet been reported to my knowledge out nings to lift up the people of his com- and then they have a $275 deductible of committee. munity and the State of Maryland. which totals $695. Then they will pay 25 I think this is very, very important. Howard Peters Rawlings spent his percent of the next $1,925. The govern- AARP, the senior organization, has earliest years in Baltimore’s Poe ment will pay 75 percent, and that is a said this is a very beneficial thing for Homes public housing project. How- figure of $481. If we add those together, seniors, and it is a good first step. I ever, when he finally succumbed to that is $1,176. And when we take out think they realize that when seniors cancer on November 14 of this year, he the amount that the senior is going to find out about this, they are going to had become one of the most influential pay as opposed to what the government demand more. I can understand that. and well-respected leaders of the great is going to be pay, for that $1,176, the So what will happen, I believe, is what State of Maryland. Pete Rawlings’ life senior will be getting $1,444. happened in 1988 when we passed the exemplified the character and integrity After that there is what they call the catastrophic health care bill. Seniors that all Americans should seek to doughnut hole: from $2,200 to $5,044 thought they were getting a good deal. achieve in their own lives. That, Mr. there is no coverage. So seniors will be I voted against that bill. There were 11 Speaker, is why I ask that we pause in required to pay on average about $2,844. of us that voted against it in 1988. We the work of this great House to reflect If we add the other costs I enumerated, were castigated by senior groups and upon the character of this truly great we are looking at a total cost to sen- seniors across the country because man. iors on an annual basis, if they get they said we did not care about them. Despite the daily hardships of their about $5,000 in expenditures, they will But a year and a half later, when sen- lives, Pete Rawlings’ parents, Howard pay $4,020 and the government will pay iors found out what was in the bill, Toussant and Beatrice Peters $1,444 of the total figure. they were chasing Dan Rostenkowski, Rawlings, instilled in him the core val- The fact of the matter is the senior the chairman of the Committee on ues for which I rise to honor him will be out $4,020, and the government’s Ways and Means, down the street with today. Pete was born during the Great part will be $1,444. I think it is very im- umbrellas, beating on his car saying, Depression, an age when few Americans portant that we make certain seniors what have you done to us and the bill expected a lifetime of exemplary understand this before we pass this bill was repealed within a short period of achievement from any young African because I think most seniors believe time. American. The young Howard Rawlings they are going to get first dollar cov- I am going to make a prediction to- was not deterred, however. As a matter erage or get very broad coverage in a night. If we pass this bill in its present of fact, he was determined to be excel- very short period of time, and this will form, I believe that the seniors are lent at everything he did, and he was

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.205 H19PT1 H11630 CONGRESSIONAL RECORD — HOUSE November 19, 2003 successful at that. His dedication to ex- all the people of the great State of projected to lower gas prices by 6.6 cellence led Pete to academic success Maryland in offering our prayers and cents per gallon based on 2002 prices. at Baltimore’s Douglass High School our gratitude for a life well lived. I What that does, it translates into a $3.3 and carried him onward until he earned thank God that he allowed Pete billion annual savings to consumers. his bachelor’s degree at Morgan State Rawlings’ life to eclipse with my own. On the one side, we have a $1.4 billion University, his master’s degree in f tax incentive which costs the tax- mathematics at the University of Wis- The SPEAKER pro tempore. Under a payers, but on the other side we have a consin, and the experience that would previous order of the House, the gen- $1 billion tax saving in the farm bill make him a master teacher in more tleman from Texas (Mr. PAUL) is recog- and we also have a $3.3 billion saving at ways than one. Yet, Pete Rawlings nized for 5 minutes. the pump. So the net saving of the eth- never forgot from whence he had come. (Mr. PAUL addressed the House. His anol part of the farm bill and a part of He was called to public service and rose remarks will appear hereafter in the the energy bill is roughly $3 billion. to chair one of the most powerful com- Extensions of Remarks.) In addition, ethanol reduces depend- mittees in the Maryland legislature. ence on foreign oil, equal to about The source of much of Pete’s influ- f what we received from Iraq before the ence can be traced to his chairmanship The SPEAKER pro tempore. Under a war; reduces greenhouse gas emissions of the appropriations committee in previous order of the House, the gen- by 12 to 19 percent; reduces carbon di- Maryland’s House of Delegates, the leg- tleman from Illinois (Mr. EMANUEL) is oxide by 35 percent; provides 192,000 islative body where I served together recognized for 5 minutes. new jobs in the United States; im- with him for nearly 14 years. Pete was (Mr. EMANUEL addressed the House. proves the U.S. trade balance by $2 bil- determined to make his lifelong fight His remarks will appear hereafter in lion; increases net farm income by $4.5 for better schools, health care and the Extensions of Remarks.) billion annually; and it can be pro- housing the center of legislative de- f duced from corn stalks, rice straw, bate, and he did succeed. He was a driv- RENEWABLE FUELS STANDARD waste products and switchgrass, so it is ing force behind the debates about re- not confined to the Midwest States. As organizing Maryland’s school system, The SPEAKER pro tempore. Under a a matter of fact, we have some ethanol Maryland’s higher education system, previous order of the House, the gen- plants being developed now in Cali- expanding financial support for our tleman from Nebraska (Mr. OSBORNE) is fornia. It also increases the octane in public schools, extending health care recognized for 5 minutes. fuel because of higher combustion and creating safe and affordable hous- Mr. OSBORNE. Mr. Speaker, yester- rates. ing for tens of thousands of additional day the House passed an energy bill, Then I would like to mention also families. We who were privileged to the first comprehensive energy bill the fact that it can be used in diesel know and work with Pete understood that we have had in more than a dec- fuel to increase energy efficiency. It that his influence did not derive from ade. It is now being considered by the can be used to produce fuel cells. And his position of power alone. other body. I would like to talk about also it produces high protein livestock As Dr. Steven Carter once observed, just one small part of the energy bill feed as a by-product. true leaders are defined by their integ- and that is the ethanol industry. Some- The last thing I would like to men- rity. Leaders of integrity have the ca- times this is controversial. Many times tion is something that is very much pacity to discern right from wrong and people feel that this is simply a give- misunderstood. We often hear people they act upon what they know to be away to the Midwest and particularly say, it takes more energy to produce right even if that commitment places to farmers, but I would like to take an- ethanol than it yields. Actually for them in peril. Dr. Carter’s insights other look at this. every BTU of fossil fuel used to about integrity are exemplified by Pete It is true that the ethanol tax credit produce ethanol, that is, to plant the Rawlings’ lifetime of service to the is 52 cents a gallon. In 2003, we pro- corn, to till it, cultivate it, harvest it people of our community and State. In duced 2.7 billion gallons of ethanol, so and process it, for every 1 BTU, British his commitment to the education of that amounts to a $1.4 billion tax in- Thermal Unit, you get $1.389 BTUs of our children, health care for all and centive. Of course, that is a cost to the energy. In contrast, for gasoline for fair housing, Delegate Rawlings con- taxpayer. But that is not the end of the every BTU you get .808 BTUs, and for sistently followed his vision of what is story. The ethanol industry increases MTBE you get .675 BTUs of energy. right, both for the present and for dec- the demand for corn by roughly 10 to 15 You have a much higher yield. ades to come. At times, he was re- percent and as most people understand, You say, where does this come from? warded for his dedication by harsh crit- when the demand goes up, it also drives Basically, it comes from the fact that icism. Yet Pete remained steadfast, the price up. What happens is that we, the corn absorbs the sun and this extra knowing that the course that he fol- because of the ethanol industry, in- energy comes from the sun. It is very lowed was opening the doors of oppor- crease the price of corn by a minimum energy efficient, and we think it is tunity for many people to come. Other- of five to 10 cents per bushel, and in going to be a tremendous benefit to the wise, he knew they would be left on the 2002 it is estimated that the price of U.S. economy as we move forward and outside looking in and left in a state of corn increased by roughly 40 to 50 cents as we go from 2.7 billion gallons of eth- arrested development. He did not seek per bushel. As prices rise, farm price anol to roughly 5 billion within the celebrity or acclaim, but generations supports decrease. For instance, if a next few years. to come will remember him as a true bushel of corn brings $1.50 a bushel, the f and faithful servant who kept the faith price support at $1.50 is 82 cents in the The SPEAKER pro tempore. Under a of the people he served. farm bill. If the price goes to $2.70, previous order of the House, the gentle- Mr. Speaker, all too often those of us there is zero price support. As a result, woman from Virginia (Mrs. JO ANN in public life worry too much about the what we have found is that the in- DAVIS) is recognized for 5 minutes. next election. A true statesman, how- crease in price driven by ethanol de- (Mrs. JO ANN DAVIS of Virginia ad- ever, worries about the next generation creases the cost of the farm bill by dressed the House. Her remarks will and children yet unborn. Pete Rawlings roughly $1 billion. As a matter of fact, appear hereafter in the Extensions of was such a man. higher commodity prices in 2002 re- Remarks.) As I close, Mr. Speaker, I am moved duced farm bill spending by roughly $3 f to share with you that dying from can- billion along with the drought. In 2003, cer, my friend and colleague continued the farm bill is going to be reduced by THE WAR IN IRAQ working from his hospital bed until his roughly $6 billion from projected cost. The SPEAKER pro tempore. Under a death. The people of Maryland have That is a 25 to 30 percent less costly previous order of the House, the gentle- lost a great leader and I have lost a farm bill than what we had antici- woman from California (Ms. LEE) is great friend and mentor. At this dif- pated. recognized for 5 minutes. ficult moment for Pete’s loving wife In addition, and this is something Ms. LEE. Mr. Speaker, I rise tonight Nina and their wonderful family, I join that is really important, ethanol is to talk about the war in Iraq. First of

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.211 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11631 all, we all must recognize that over 400 United Nations is. And, yes, some of us (Ms. WOOLSEY addressed the House. Americans have been killed in Iraq and have suggested to the President that Her remarks will appear hereafter in those numbers are rising. One, two, and Donald Rumsfeld be asked to leave be- the Extensions of Remarks.) cause we believe that he has led this ef- now 16 and 17 lives at a time. We do not f fort in the wrong direction and has not even know how many Iraqis have died The SPEAKER pro tempore. Under a planned adequately for the protection because the Pentagon classifies that previous order of the House, the gen- of our young people. So once again we information as irrelevant. When we tleman from Pennsylvania (Mr. asked Ambassador Bremer at an Inter- hope that this resolution will come up WELDON) is recognized for 5 minutes. before we leave. national Relations Committee hearing (Mr. WELDON addressed the House. how many Iraqis had been killed, he As a candidate, George Bush, remember, dismissed the concept of nation- His remarks will appear hereafter in said he did not know because that was the Extensions of Remarks.) not really relevant to reconstruction building; but as Commander in Chief, efforts. he has really mangled it. So we should f What we are witnessing are the re- really let the United Nations fulfill its The SPEAKER pro tempore. Under a sults of a failed and failing foreign pol- mission by leading the effort to forge previous order of the House, the gentle- icy as a result of the fact that the Bush peace, security, and democracy in Iraq. woman from Indiana (Ms. CARSON) is administration launched a preemptive What should the United States role recognized for 5 minutes. war that was neither justified nor nec- in Iraq be during this transition? For (Ms. CARSON of Indiana addressed essary. starters, we should at least recognize the House. Her remarks will appear that we need to win friends and allies hereafter in the Extensions of Re- b 2130 and not make new enemies. Also, I marks.) To persuade many Members of Con- have said before and I will say it again, gress and the public to support this I believe that our Nation should abso- f war, the administration apparently lutely pay for the damage that it has The SPEAKER pro tempore. Under a manipulated intelligence information caused through its bombing, through previous order of the House, the gentle- and spun a distorted web of deception, its killing; but repairing bombing dam- woman from California (Ms. SOLIS) is and this will not be forgotten. Congress age does not mean handing billions of recognized for 5 minutes. should not be talking about adjourn- dollars to Bechtel and Halliburton with (Ms. SOLIS addressed the House. Her ment until we have answered these in- regard to the no-bid contracts which remarks will appear hereafter in the credibly important questions about they are receiving. Iraq’s long-term Extensions of Remarks.) how we got into this mess. economic development really should be f That is why I have introduced House in its own hands just as its sovereignty Resolution 410, which states that Con- should be. THE WAR IN IRAQ gress should not adjourn until we have Again, as I have said earlier, we are The SPEAKER pro tempore. Under a started an investigation into these really in a quagmire right now, one of previous order of the House, the gen- questions as called for by the Waxman poor planning and poor policy. And it tleman from Washington (Mr. and the Tauscher resolutions. These is costing hundreds of American lives MCDERMOTT) is recognized for 5 min- questions are absolutely relevant. The and hundreds of billions of dollars. utes. American people deserve the answers. Where in the world will we find the re- Mr. MCDERMOTT. Mr. Speaker, we The methods by which we got into this sources for our senior citizens and our are beginning to see comparisons being war, the poor intelligence, and the un- children? How are we going to fund made between the U.S. situation in willingness to work with the United Leave No Child Behind, the $9 billion Iraq and the situation we were in in Nations have shaped the current quag- that we need to put into public edu- Vietnam. Some are valid; some are not. mire that we face; and, again, this is cation? How are we going to fund af- One comparison is completely valid not going away. fordable housing? Where will we find and could apply to any conflict. Sol- Furthermore, in its rush to war, the the resources to ensure our public diers get hurt and maimed and die. As administration completely failed to transportation system and all of those a young doctor, I served as a medical properly plan for its aftermath. This quality-of-life issues that Americans so officer in the Navy from 1968 to 1970. I shortsightedness has cost American, as deserve? Not to mention our veterans. worked in California with troops evac- well as Iraqi, lives and created chaos Where do we find the resources to pro- uated from Vietnam, and I see those and insecurity in Iraq. Unilateralism, vide their benefits which they so de- faces when I go up to Walter Reed we have found out, and some of us have serve? today. known for many years, is not leader- So we must find a way out of this. The issues that we discuss on the ship; and unilateralism will not suc- And of course that means, again, for floor, who was pushy with the CIA, who ceed in Iraq, as we are seeing. What we starters that the Iraqi people and their knew more than he said, who knew less need is an effective transition strategy, representatives must have a greater than he claimed, are important; but effective transition strategy, so that role and a real role in shaping their they are not important because we we do not leave a worse disaster in its own state, and that means that the want to play some kind of political wake. That strategy must include a United States must shift authority to game of ‘‘gotcha.’’ They are important clear vision of how and when United the U.N., and that means we must because they are key links in the chain States troops will come home and a adopt new tactics that will enhance of events that led to more than 130,000 real plan, a real plan, for Iraqi political U.S. security and Iraqi safety by en- Americans being deployed in Iraq, that and economic success. To achieve such couraging peace and hope rather than led to more than 400 dying, and led to success, we need to abandon what the war and fear. wards filled with boys on Georgia Ave- New York Times has recently called f nue who do not have arms and legs ‘‘the miserable United States monop- The SPEAKER pro tempore (Mr. anymore. oly in Baghdad.’’ ROGERS of Alabama). Under a previous More Americans have died in Iraq in Although United States order of the House, the gentleman from the past 8 months than died in the first unilateralism has gravely damaged our Pennsylvania (Mr. SHUSTER) is recog- 3 years in Vietnam. Regardless of relations with much of the world, we nized for 5 minutes. whether this war makes or breaks the must continue to at least try to inter- (Mr. SHUSTER addressed the House. Bush Presidency, they are dead. nationalize the transition to Iraqi inde- His remarks will appear hereafter in I did not support the President’s dependence. The United Nations should the Extensions of Remarks.) cision to go to war. I believe that what- have real political and economic au- f ever threat the Hussein regime posed thority in this effort at peacekeeping The SPEAKER pro tempore. Under a was being effectively contained. I be- and rebuilding. The Pentagon is really previous order of the House, the gentle- lieved and still believe that the pres- not the right agency to foster the cre- woman from California (Ms. WOOLSEY) ence of large numbers of U.N. inspec- ation of this new government; the is recognized for 5 minutes. tors roaming around Iraq was doing a

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.216 H19PT1 H11632 CONGRESSIONAL RECORD — HOUSE November 19, 2003 credible job of making sure that Hus- But the President goes out to fund- kind of discussion. I recognize that the sein’s desires and ambitions did not raisers. He goes to Great Britain. He President does not want us to continue materialize into weapons and delivery says he will meet with the bereaved to remind him of this disaster in Iraq. systems. over in Great Britain. But he does not This is a President who has tried to in- Containment, however, has a bad go to public ceremonies honoring our timidate the news media and told them name in this administration. But I am dead in this country. Why is that? Is he to stop writing about the bad things old enough to remember President afraid? Why does he not go forward and that were going on in Iraq, and he told Reagan using it to bring down the So- stand next to the mothers and the fa- them to write about good things that viet Union. But containment was aban- thers as they lower their loved ones are happening in Iraq. But thank God doned on March 19; and it is not over, into the ground? that the news media of this country that war they started. This President has never been has continued to report on what is While it is important for us to con- straight with us about this war, and he really going on in Iraq. Oh, yes, they tinue questioning how we got into the is going to have to be, or we are going have talked about some of the children war and learn what lessons we can, our to wind up exactly as we did in Viet- returning to school, and they have urgent task now is to figure out how to nam, running from the top of the em- get out. We need to know whether talked about the book bags. But the bassy or some other way that we leave American people want to know about there are 5,000 guerillas fighting us, as the country in disgrace. We should not General Abizaid says, or 50,000, as the what is happening with our soldiers. allow that to happen to our troops. The American people are terribly upset CIA apparently believes. f This is no small matter. Our Defense about the loss of the lives of our sol- Secretary has created his own in-house ANNOUNCEMENT BY THE SPEAKER diers. Office of Special Intelligence to rival PRO TEMPORE So I am here in defiance of the orders the CIA. We do not know which agency The SPEAKER pro tempore. The and the attempts to keep us from talk- is closer to the truth. Lawrence of Ara- Chair would remind Members not to ing about what is going on. The Presi- bia in World War I did awfully well make personal references to the Presi- dent’s unilateral invasion of Iraq and with just 3,000 Arab irregulars. They dent such as accusing him of lying. his administration’s subsequent mis- tied down nearly 70 times that many f management of the Iraq conflict have Turkish troops. With a ratio like that, The SPEAKER pro tempore. Under a left our Nation in a quagmire. Accord- 5,000 guerrillas could tie down 350,000 of previous order of the House, the gen- ing to the Pentagon’s own figures, 422 our troops. If 50,000 is the right num- tleman from New York (Mr. HINCHEY) American servicemen and -women have ber, we are looking at 31⁄2 million of our is recognized for 5 minutes. been killed in Iraq since the beginning own troops. And remember the Turks (Mr. HINCHEY addressed the House. of the war and 2,041 have been wounded. did not beat Lawrence, just as the Rus- His remarks will appear hereafter in No less than 284 Americans have been sians did not defeat the Afghan muja- the Extensions of Remarks.) killed since the President announced hedeen and Carthage did not rout f the end of the major combat operations Rome. The SPEAKER pro tempore. Under a on May 1, and the casualties continue Our troops are identified as cru- previous order of the House, the gen- to climb. saders, invaders, occupiers, the super- tleman from Washington (Mr. INSLEE) I believe that this administration is power. American troops are magnets is recognized for 5 minutes. for centuries of resentment and targets (Mr. INSLEE addressed the House. in denial. Yes, the President posted for those who within Iraq are happy for His remarks will appear hereafter in that sign ‘‘Mission Accomplished.’’ the opportunity to stir those the Extensions of Remarks.) However, the war really did begin after the sign was posted, and our soldiers resentments up. f We need to know whether there is a The SPEAKER pro tempore. Under a have been picked off one by one. plan to get out in a reasonable way or previous order of the House, the gen- Mr. Speaker, attacks on U.S. heli- not. I do not believe we should walk tleman from Illinois (Mr. DAVIS) is rec- copters have killed nearly 40 soldiers away and leave the Iraqis in chaos. ognized for 5 minutes. this month alone, and the attacks con- However much I deplore the way we (Mr. DAVIS of Illinois addressed the tinue every day. This past Monday, two went in, I do not want to have to de- House. His remarks will appear here- more soldiers were killed in two sepa- plore the way we get out. It is tempt- after in the Extensions of Remarks.) rate attacks near the town of Balad, 45 ing to do what Senator Aiken from f miles northwest of Baghdad. Vermont suggested in Vietnam, declare The SPEAKER pro tempore. Under a victory and get out; but it would be previous order of the House, the gentle- b 2145 wrong. What would be right is to level woman from Ohio (Ms. KAPTUR) is rec- with the American people, level with ognized for 5 minutes. One soldier died and two more were our allies, level with the U.N., and (Ms. KAPTUR addressed the House. wounded when Iraqi insurgents en- make a sustainable plan to leave Iraq; Her remarks will appear hereafter in gaged their patrol with small arms fire. and I pray to leave Iraq better off than the Extensions of Remarks.) The other soldier was killed when a when we found it. f convoy was struck by a roadside bomb. So far, the President has only said we Every day, more American soldiers are were going to have an election after we The SPEAKER pro tempore. Under a previous order of the House, the gentle- killed in Iraq with no exit strategy and had a constitution. Now we are going no end in sight. to have an election before the constitu- woman from California (Ms. WATSON) is Mr. Speaker, I remember when our tion and we are going to be out of there recognized for 5 minutes. (Ms. WATSON addressed the House. on June 1. It looks like it is all tied to soldiers rolled into Baghdad. I remem- Her remarks will appear hereafter in the timing of the election in 2004. That ber the way the President bragged the Extensions of Remarks.) is unfair to the people that we are serv- about Operation Shock and Awe. I re- ing in Iraq who have lost arms, who f member how they said to the American have lost legs, who have been severely IRAQ people, we have all of the equipment and supplies and the military might injured. The President should be hon- The SPEAKER pro tempore. Under a that we need. We are going to shock est with us and honest with the U.N. previous order of the House, the gentle- and awe. And this kind of sloganeering and strike a workable deal. It can be woman from California (Ms. WATERS) is that I thought was unbecoming of this done, but it requires the President of recognized for 5 minutes. the United States to get off this atti- Ms. WATERS. Mr. Speaker, I am here administration was the order of the tude of ‘‘bring them on.’’ That was this evening because I came to defy the day. foolishness from the start, and now we President of the United States of Now, this administration is doing it have people coming in from all over America. I came to talk about what is again. The administration’s most re- the Middle East to be involved in tak- happening in Iraq. cent response to the mounting Amer- ing on our troops, and each day we lose I came to do that, understanding ican casualties has been a new bombing more. There is no excuse. that this President does not want this campaign. This campaign is known as

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.223 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11633 Operation Iron Hammer in Baghdad tacks in Saudi Arabia and Turkey, and course, withdraw our troops, and re- and Operation Ivy Cyclone north of a complete breakdown in the Israeli- quest that the U.N. move in and bring Baghdad. It involves heavy aerial at- Palestinian conflict, only reinforce the U.N. in and take the U.S. out, or we tacks on so-called suspected terrorists’ that the war in Iraq did not bring peace sink deeper into this occupation, with meeting places and infrastructure. For to the region as President Bush said it more U.S. casualties, ever higher finan- the past 6 days, U.S. forces have would. cial costs, and diminished security for pounded targets with 500-pound bombs, Clearly, the mission has not been ac- Americans. I think that we can still cannon fire, and artillery. complished. More U.S. troops have died turn this around. I think that America I believe it is another public rela- since the end of the war than during can take a new direction. tions campaign. Mr. Speaker, this ad- combat operations. Last week, the U.S. Today, Mr. Speaker, in the Wash- ministration is famous for spinning military launched Operation Iron Ham- ington Post on page A21, there is a and sloganeering and basically pos- mer, a version of shock and awe, tar- story called ‘‘Sending a Message,’’ and turing, and this is another kind of spin- geted at foreign and nationalist terror- I will include that in the RECORD of my ning that is going on. They think when ists insurgents whose presence in Iraq Special Order. What that does is it they come up with this kind of is a direct result of the U.S. invasion. talks about the aspects in which the sloganeering that somehow they are Most of the world’s nations view the war is escalating and the damage that more believable. war and occupation of Iraq to be a U.S. is occurring to Iraqi communities as a So we have this new Operation Iron folly. The U.S. is stuck, mostly alone, result of U.S. military action. I would Hammer in Baghdad, and what is it with a costly, unpopular, and unending suggest that the damage inherent, as is doing? We are told that they are hit- occupation of Iraq. described in this story, is not only to ting suspected terrorists. Who are they This is why a major change is needed. the humble people whose homes are killing? What terrorists are they stop- That is why I believe we need to get being blown up, but it is also to the ping when, in fact, the terrorists, as the U.S. out and the United Nations in. U.S. reputation, because as we get into they have been identified who are kill- The U.N. will not go in, however, un- the cycle of violence, we will be ing our soldiers, continue day after day less the main focus of resistance and digging ourselves in deeper, and we will to pick our soldiers off. There is no evi- instability, the United States, agrees be distancing ourselves from the world dence to suggest that this bombing to pull out. community. This is a time that we campaign will accomplish anything. In The U.S. must also renounce all po- need to reach out to the world commu- fact, it may make the situation worse. litical and economic interests in Iraq. nity, take a new approach, and that A top secret CIA assessment from It will be necessary to renounce, clear- will then enable the United States to Iraq, which was widely reported last ly and unequivocally, any interest in finally end this unfortunate episode. week, warned that bombing campaigns controlling Iraq’s oil resources. The like this one could only incite more ‘‘SENDING A MESSAGE’’ WITH A SHOW OF U.N., not the U.S., will administer FORCE Iraqis to fight against Americans. Iraq’s oil revenues. Mr. Speaker, I will be coming often RURAL IRAQI HOMES DESTROYED IN U.S. Under a new U.N. resolution, the U.N. to tell the truth about what is going on OFFENSIVE will administer contracts to repair in Iraq. I will not be intimidated. (By Daniel Williams) Iraq. War profiteering will no longer be TIKRIT, IRAQ, Nov. 18.—The house of Omar f tolerated. It will be necessary to sus- Khalil Ibrahim is a flattened jumble of bro- EXPLORING IRAQ EXIT pend all reconstruction contracts and ken bricks and roofing. Three of his neigh- STRATEGIES close the U.S.-led Coalition Provisional bors’ homes, still standing, are riddled with big holes made by tank shells that blasted The SPEAKER pro tempore (Mr. Authority, because of the suspicion that various contracts have been given through two or three walls. A dead cow lies ROGERS of Alabama). Under a previous rotting beside a broken shed. order of the House, the gentleman from to large American corporations were as The scene in central Iraq was the result of Ohio (Mr. KUCINICH) is recognized for 5 a result of political connections. In its a U.S. military offensive aimed at taking the minutes. place, the U.N. would help Iraqis ad- initiative away from anti-occupation guer- Mr. KUCINICH. Mr. Speaker, over minister funds to employ Iraqis to re- rillas. It is using helicopter gunships, tanks the last year and a half, the adminis- pair the damage from the invasion. and Bradley fighting vehicles, as well as an tration has attempted to make the I believe if we hand over the security, occasional jet strike, unleashing 500-pound case that the Iraq war is part of the administrative, and economic respon- bombs and satellite-guided rockets. sibilities to the United Nations, mem- One high-ranking commander described it global ‘‘War on Terror.’’ They argued as a ‘‘no-holds barred’’ operation. The tar- that military action to disarm Iraq ber countries would be more inclined to gets are suspected hideaways, command cen- would save the United States from help pull the United States out of this ters and safe houses of the elusive guerrillas, being directly attacked by Iraq’s weap- quagmire. U.S. officials said. ons of mass destruction, and would also I am not suggesting that we do not ‘‘We have to use these capabilities to take prevent Iraq from giving weapons of have responsibilities there. We need a that fight to the enemy, and why not?’’ said mass destruction to terrorist groups phase-in of the U.N. force and a phase- Maj. Gen. Charles H. Swannack Jr., the com- that could then launch attacks against out of the U.S., while keeping a Navy mander of the 82nd Airborne Division, which fleet to defend the territorial integrity patrols western Iraq. ‘‘That’s why we use the United States. them. They are the right systems.’’ Of course, no weapons of mass de- of Iraq from foreign invasion. For all the heavy and sophisticated arma- struction have been found, and there The U.S. owes a moral debt to the ments, the targets in Hawijat al-Ali, a rural has been no proof offered that legiti- people of Iraq for the damage caused by hamlet near Tikrit, are small-scale. The mately connects Saddam Hussein with the U.S. invasion. The U.S. will also houses are single-story structures set within the September 11 attacks or the work owe a contribution to the U.N. to help walled rose gardens. of the al Qaeda network on September Iraq make the transition to self-gov- ‘‘We were surprised by all the big shoot- 11. ernment. ing,’’ said Kafi Khalaf, Ibrahim’s wife. ‘‘They American taxpayers deserve their spent a lot to get rid of our houses.’’ The war has effectively had the oppo- U.S. military officials say the show of site effect of what was desired. Al contributions to be handled in an ac- force is a necessary response to escalating Qaeda, which was not proven to exist countable, transparent manner. How- attacks in central Iraq. Maj. Gordon Tate, a inside of Iraq prior to the war, is now ever, Americans are not required to spokesman for the 4th Infantry Division in thriving in Iraq and is targeting U.S. build a state-of-the-art infrastructure Tikrit, said the offensive, which began Oct. soldiers in their war against the United as the administration seems to be plan- 1, picked up steam after Nov. 2, when guer- States. The U.S. occupation is fueling ning. rillas shot down a U.S. CH–47 Chinook trans- internal and regional hatred towards All we can do now is to make a dra- port helicopter near the western town of matic reversal. Of course, we must ac- Fallujah, killing 16 soldiers. Rocket and ar- the U.S. and is providing al Qaeda with tillery operations replaced search-and-sei- a recruiting poster for their anti-Amer- knowledge that the continued U.S. zure raids that characterized U.S. military ican ambitions. military presence in Iraq is counter- activity in the summer and early fall. The world is considerably less safe productive and destabilizing. We have a ‘‘We are sending a message. We are show- because of this endeavor. Terrorist at- choice in front of us: either we change ing we are here,’’ Tate said. Among the

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.231 H19PT1 H11634 CONGRESSIONAL RECORD — HOUSE November 19, 2003 weapons now in use are rockets that each agers suspected of being members of most efficient and environmentally responsible disperse 960 little anti-personnel bombs. Five Saddam’s Fedayeen, a militia created in the in the world. Without the tariff, however, Flor- Iraqis were killed Monday night in a 4th In- 1990s as an irregular adjunct to Iraq’s army ida’s growers cannot compete against the four fantry Division attack, Tate said. and secret police. They did not find the Tate said that sympathizers of deposed young men. The soldiers arrested Omar dominant processors in Brazil, who take ad- Iraqi president Saddam Hussein pay merce- Khalil Ibrahim, 55, and told the residents to vantage of cheap labor and weak environ- naries to harass U.S. troops. ‘‘We want them leave their houses. They then unleashed the mental laws at the expense of Florida’s grow- to think twice,’’ he said. ‘‘They should leave barrages of firepower to destroy the struc- ers. out of fear or face death.’’ tures. The industry also provides many environ- To curb the use of roadside bombs that are Everyone denied that anyone had a connec- mental benefits to the State of Florida and its among the deadliest weapons employed by tion to Saddam’s Fedayeen. One woman, in a citizens. A collapse of the industry would lead, Iraqi resistance fighters, soldiers have orders fit of emotion, began to chant, ‘‘With our perhaps inevitably, to more development and to shoot and kill anyone seen digging a hole blood and our souls, we will defend you, O more congestion—and also to more air and alongside thoroughfares, Tate said. The same Saddam.’’ goes for anyone seen carrying a weapon, he water pollution and toxins in the environment. f said. I understand that a collapse of the citrus in- Emphasizing the new get-tough approach, The SPEAKER pro tempore. Under a dustry would also threaten over 150 different U.S. troops in dozens of armored vehicles pa- previous order of the House, the gentle- species with extinction. trolled in convoys throughout Tikrit Mon- woman from Texas (Ms. JACKSON-LEE Today, Florida’s citrus industry is already day. ‘‘They are saying, ‘I dare you,’’’ said of Texas) is recognized for 5 minutes. suffering tremendously because of uncertainty Ashraf Skarki, a farmer. ‘‘The noise and (Ms. JACKSON-LEE of Texas ad- over the future of the tariff. The price of citrus dust, it is all part of their letter to Tikrit.’’ dressed the House. Her remarks will is declining. Growers are selling land because The activity is not limited to this town, appear hereafter in the Extensions of which is notoriously hostile to the U.S. occu- they know they will have no future if the tariff pation. In Baqubah, several miles east of Remarks.) is reduced or eliminated. In addition, the huge Tikrit, a pair of F–15 fighter jets, launched f processors in Brazil are taking steps to exploit from Qatar on the Persian Gulf, dropped four FLORIDA’S CITRUS INDUSTRY any reduction in the tariff by acquiring more 500-pound bombs Tuesday on some aban- groves in Brazil to enable them to dramatically doned farmhouses, military officials said. The SPEAKER pro tempore. Under a increase production and overwhelm the U.S. Apache helicopter gunships and artillery previous order of the House, the gen- poured fire on targets on Baqubah’s out- market. It would be hard for any industry to tleman from Florida (Mr. MEEK) is rec- survive, and impossible to prosper, in this en- skirts and then ground troops pounded the ognized for 5 minutes. area with 155mm howitzers and 120mm mor- vironment. tars. Mr. MEEK of Florida. Mr. Speaker, I want to The industry cannot afford to wait 6 more ‘‘We have taken action on these targets be- thank my colleagues from Florida, Mr. PUTNAM months or a year for the Bush administration fore, but this is to demonstrate one more and Mr. SHAW, for arranging this special order to make a decision. This is why I urge the time that we have significant firepower and this evening. Bush administration to state clearly this week we can use it at our discretion,’’ said Lt. Col. Trade is a crucially important issue in Flor- its final decision on this matter—to put an end Mark Young, commander of the 67th Armor ida. With our great seaports and airports and Regiment’s 3rd Battalion, part of the 4th In- to this uncertainty that is so seriously harming our global position as the crossroads between Florida’s citrus industry. fantry Division. ‘‘This is the biggest oper- North America and Central and South America ation we’ve had in the Baqubah area in Mr. Speaker, Florida’s citrus industry—un- terms of tonnage and volume’’ of munitions, and the Caribbean, Florida is well positioned like almost all other agricultural commodities— he said. to benefit from trade with our neighbors. How- receives no U.S. subsidies. American taxpayer On Monday, two U.S. soldiers were killed ever, in order for that trade to benefit Florid- money does not subsidize this industry. The near Balad, about 35 miles from Baqubah, ians, to create new jobs and new businesses tariff is the industry’s only lifeline. one in a rocket-propelled grenade attack, the and to promote the growth of existing enter- Again, I urge the administration to consider other by a roadside bomb. prises, it must be conducted fairly. the ramifications of reducing or eliminating the ‘‘We will not let these insurgents dance on One of Florida’s signature industries is cit- our territory. We need to maintain an offen- tariff, which would discourage greater competi- sive stance and let the enemy know that we rus. Citrus is Florida’s second largest industry, tion and would enable Brazil to secure a glob- will come down with a heavy hand,’’ said Lt. responsible for generating over $9 billion for al monopoly over the orange juice market. Col. Steve Russell, a battalion commander the economy and providing nearly 90,000 peo- f with the 4th Infantry Division. ple with jobs. The industry also accounts for In Baghdad at mid-evening, U.S. forces roughly $1 billion in revenue for the State and MEDICARE PRESCRIPTION DRUG fired heavy weapons at suspected guerrilla local governments. Not only is this industry re- AND MODERNIZATION ACT OF 2003 positions in the far western part of the city. sponsible for giving jobs to tens of thousands The SPEAKER pro tempore. Under A series of blasts reverberated across the capital. For a second consecutive night, the of Floridians, it also helps to fund our public the Speaker’s announced policy of Jan- city was largely blacked out. U.S. officials hospitals and schools, and our fire and police uary 7, 2003, the gentleman from Geor- blamed the electrical outage on a storm that services. gia (Mr. GINGREY) is recognized for 60 they said toppled high-tension wires, al- But all is not well with Florida’s citrus indus- minutes as the designee of the major- though the weather has been calm for sev- try—primarily because of the impact of im- ity leader. eral days all across Iraq. ports—and I urge the Bush administration to Mr. GINGREY. Mr. Speaker, I want Exactly who the guerrillas are remains a remember this fact when it considers requests to thank my colleagues on this side of mystery, even to commanders on the ground. to reduce or eliminate the current tariff on im- the aisle for joining with me tonight in At a briefing in Baghdad on Tuesday, Swannack said that 90 percent of the fighters ported citrus juices during the Free Trade discussing over the next hour one of that U.S. forces have captured or killed were Area of the Americas negotiations this week- the most important issues to come be- loyalists of Hussein or Iraqi religious mili- end or any other negotiations. fore this great body, this United States tants. While the Bush administration has de- There are only two regions in the world that House of Representatives, probably in scribed foreign fighters as posing a mounting produce a substantial quantity of orange juice: the history of the Congress, and I am threat, Swannack estimated that only 10 Brazil and the United States. There are also talking about, Mr. Speaker, the im- percent of the guerrillas had come from only two regions of the world that consume pending passage of the bipartisan Medi- abroad. care Prescription Drug and Moderniza- ‘‘We are not finding foreign fighters com- substantial amounts of orange juice: the ing across the borders in significant numbers United States and the European Union. Brazil tion Act of 2003. to do the fighting,’’ said Swannack, whose already has a virtual monopoly on the EU or- Mr. Speaker, Medicare is a good pro- soldiers patrol a vast swath of Iraq that bor- ange juice market, while Florida’s growers sell gram. Medicare had done a lot of ders Syria, Jordan and Saudi Arabia. their product almost entirely in the United things since its inception, of course, Resident of Hawijat al-Ali doubted the of- States. when it was first put into place almost fensive in the Tikrit area would be success- There is considerable evidence that the cur- 40 years ago, but it is not perfect. ful. ‘‘Do they really think making this kind rent tariff on imported juices encourages com- Medicare, although it is a good proof ruin will stop the resistance?’’ said Jamal Shahib, who described himself as a shepherd. petition among producers and allows Florida’s gram, is not perfect. Two of the main Shahib and other residents said U.S. sol- growers to compete on a level playing field. problems, Mr. Speaker, with Medicare diers arrived Monday night searching for Ali Florida’s 12,000 growers, most of whom oper- are these: number 1, it has never had a Ahmed Hamid and Hussein Ali, two teen- ate small family-owned operations, are the prescription drug benefit. Yes, it covers

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.133 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11635 hospital expenses. Yes, it covers major den, at age 65 and beyond, they do not from Illinois (Speaker HASTERT) here surgery and, certainly, it allows some have that anymore, and that makes no has been a primary proponent of be- time to be spent in a skilled nursing sense at all. cause it provides new incentives for in- home if that is necessary. But it has The point is, Mr. Speaker, that we dividuals to put money aside for health never had any emphasis on preventive have not modernized Medicare, and care. therapy which, of course, is what pre- that is what we are going to do here The H.R. 1 provisions provide that scription drugs is all about. within the next couple of days in this health savings accounts can provide for Now, maybe back in 1965, when I was 108th Congress. I am very proud, as a people to put, say, up to $1,000. If they a freshman in medical school, we were Member and as a physician Member, to have a deductible on their policy of not prescribing as many drugs. There be a part of this historic time in our $1,000 they can place $1,000 into an ac- were not as many lifesaving drugs on Congress. count which can be used to pay all the market. In fact, back then, there I am, as I say, very pleased that qualified medical expenses. The con- was a penicillin antibiotic if you had members of my caucus are here with us tributions, earnings, and distributions an infection. There was a heart medica- tonight in this late hour, but they un- are all tax free. These accounts are tion called digitalis if your heart was derstand the importance of this issue, portable from job to job and into re- not beating properly. There was maybe and they understand the need to make tirement. And, indeed, when persons codeine if you had a bad headache. But sure that the public and, hopefully, pass away, the money that is left over there were not the lifesaving drugs some are watching tonight, especially will be passed on through their estate that are available to us today in the our seniors, have an opportunity to see to their loved ones and their family 21st century. exactly what we are going to do for members. Individuals, employers, and Medicare also does not do anything them with this passage of this historic family members can all make contribu- about preventive care, and there is no piece of legislation. tions. catastrophic coverage, Mr. Speaker. At this time, Mr. Speaker, I yield to This is a revolutionary effort on be- Under part A of Medicare, after a pa- the gentleman from South Carolina half of all Americans, both seniors and tient has expended a certain number of (Mr. WILSON), just across the border nonseniors. Because of the health sav- days in the hospital for a covered ill- from my home State of Georgia, my ings accounts, less money will be spent ness, then everything is out-of-pocket, good friend and colleague. by the taxpayer. And Americans can and the same is true for an extended plan their futures and plan their abil- b 2200 stay in a nursing home. That is why so ity to provide for better health. These many of our seniors find themselves in Mr. WILSON of South Carolina. Mr. plans will allow seniors to have more their twilight years having to go on Speaker, it is an honor to be here to- control over their health care options. Medicaid, having to become literally night. I would like to thank my col- Other features that I find very help- wards of the State because of this lack league, the gentleman from Georgia ful in the bill that is before us are to of catastrophic coverage. (Mr. GINGREY), for his leadership in provide for preventative care. The So, Mr. Speaker, the main two prob- helping to present the truth about the newly enrolled beneficiaries will be lems have finally been addressed in the prescription drug plan which is before covered for a physical. And this I think Medicare Prescription Drug and Mod- Congress this week. is so beneficial. I know every time that ernization Act. We are finally going to I want our colleagues to know that it I have had a health insurance plan, the deliver on a promise to our seniors and means so much to me that we have a first question I have after we sign up, include under Medicare a prescription physician such as the gentleman from unfortunately, is do we have a provi- drug benefit, and also make sure that Georgia (Mr. GINGREY) here who has a sion for a physical. And I found out our seniors have an opportunity to get background of working for quality that we did not in my law practice. So the preventive care and disease man- health care for persons in Georgia and it was really very disappointing to me agement they need. the southeastern part of the United because I believe that if you can have Mr. Speaker, not covering for a pre- States. And he has got a background of a physical and you can have the nor- scription and covering for major sur- knowing what is needed for our citi- mal test, that this will be beneficial to gery is really akin to having a service zens. And it just means a lot to have planning your health care. contract on your car that covers to his leadership tonight. Additionally, cardiovascular screen- have the transmission replaced, but Additionally, I am happy to be here ing, blood tests including cholesterol not to have the oil changed. It makes because of the support of AARP of the will be included in the testing provi- absolutely no sense. So finally, Mr. plan which is before us at this time. I sions. And then another very impor- Speaker, we have come to the point in am a member of AARP. I am proud of tant effort will be made for diabetes the history of Medicare where we have their promotion of the best health plan screening for at-risk beneficiaries. This got to change, we have got to bring it that they feel can be produced, and is particularly appropriate to consider into the 21st century. that is the bill before us this week. today because November is American Other people, Members of Congress, Additionally, I want to congratulate Diabetes Month. And I know that in the health coverage that we have, has the gentleman from California (Chair- the southeastern part of the United a strong emphasis on prevention and man THOMAS) of the Committee on States, that we, unfortunately rank wellness and, in the long run, this is Ways and Means who has worked so very high with the number of persons less expensive. Certainly, managed hard to try to balance interests and who suffer from diabetes. care understands that, that it is in come up with a bill which is beneficial These benefits do not have their best interest to keep people to the people of the United States. As deductibles or co-pays so those with healthy. When we think about it, so we are quite familiar with the pro- limited resources can access the bene- many of us; in fact, most of our citi- viding of prescription drugs, there are fits. These screenings will catch treat- zens who are on that type of plan, in- other features in the bill that I find able, manageable conditions that cluding probably all Members of Con- very helpful. And I want to relate three would otherwise result in severe health gress, they are used to that preventive of them tonight because I think they consequences and cost the Medicare care. They have that catastrophic cov- are going to have meaning to persons program an immense amount of erage. And, all of a sudden, they turn of all ages and particularly for younger money. But the main feature is it will 65, and Medicare becomes primary, and people, for persons middle-aged, and, help people live longer healthy and ful- if they cannot afford, or if they do not indeed, beneficial for persons who are filling lives. have an employer-provided health ben- AARP members. Another and final point that I want efit for a retiree or a very expensive The first point I would like to bring to bring out that had not received ex- maybe Medigap plan and they are just out is that this bill provides for health traordinary attention is reform of the relying on Medicare, then they have savings accounts. This is a provision average wholesale price, the AWP, gone from a coverage that gave them which in the past has been known as which needs to be reformed. And, addi- protection, that gave them cata- medical savings accounts. This has tionally, the provision of oncology strophic protection and, all of a sud- been a provision which the gentleman services. These are cancer treatments

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.235 H19PT1 H11636 CONGRESSIONAL RECORD — HOUSE November 19, 2003 that we will provide in the bill for re- gentleman from Georgia (Mr. BURNS), you look at this bill, those two areas imbursements to physicians in services my colleague and friend from the 12th alone suggest we need to deliver the to patients. And this has particularly Congressional District. prescription Medicare bill for our sen- been enhanced in the last several days Mr. BURNS. Mr. Speaker, it is a his- iors. because of concern that there may be a toric time. It is a historic time to be in Implementation is critical. And I ap- reduction in reimbursements and serv- Congress. We are at the brink of pass- preciate the discount card that is going ices to patients. ing landmark legislation that is long to be available in April of 2004. And I I know firsthand how important this overdue in our country. This week, just certainly appreciate the fact that our is and that one of our sons at the age in a day or two or three, we are going low-income seniors will receive imme- of 17 was diagnosed with malignant to take up on this floor H.R. 1, the diately $600 worth of prescription drug thyroid cancer. But thanks to his Medicare Reform Modernization Act, assistance per year. And then in 2006, treatment at the Lexington Medical including a prescription drug benefit the full prescription drug plan will be Center, the detection by Dr. Butch for our seniors. This is an important available. Bledsoe, the surgery by Dr. Dan Davis, and historic vote that we have to come I come from a district, the 12th in the pathology reports by Dr. John together now and complete the promise Georgia, with many rural hospitals. Carter, and the subsequent treatment that we have made to America. This bill is a strong statement in sup- by Dr. Tripp Jones, our son is in full re- I committed to the 12th district of port of rural hospitals. It extends the mission. In fact, he was able to grad- Georgia that I would preserve and pro- standardized base payment rate for our uate from the Naval Academy, and he tect and improve Medicare. H.R. 1 does rural hospitals. For all of those hos- is following in the footsteps of the gen- that. I committed that I would work pitals in cities of less than a million, it tleman from Georgia (Dr. GINGREY). He hard to ensure that our seniors receive ensures that they immediately get an is in his third year of medical school at a prescription drug benefit that will increase in the disproportionate share Uniformed Services University here at improve their quality of life, that will payments that they are entitled to. Bethesda, Maryland. So we know first- allow them to live full and complete And I think if you look at the rural hand that by getting proper cancer lives that are free from pain and free health care component in this bill, you treatment in our family that people from suffering. H.R. 1 will do that. find that it is second to none that has can recover and live full lives. As my colleagues have both pointed ever been a part of our Congress. The bill will provide fixes to a flawed out, for the first time in the history of Another very significant component system that is costing America’s sen- Medicare, we will begin to shift from of this bill that I think too many peo- iors in prescription drugs, but the treatment from acute care to preven- ple overlook, there is a fear that for oncologist and other practitioners are tion to utilizing those drugs, the won- some reason employers would abandon covered by the reform with assistance der drugs that we have now in the 21st their retirees. Just 2 days ago, we had with practice expenses. century to ensure that our seniors can a press conference here in the Capitol Additionally, a final point, the aver- live full lives. where we met with the employer coali- age sales price, ASP, will be calculated It is a tragedy that in today’s Medi- tion representatives of over 60 U.S. at a rate that will be welcomed by the care world someone with diabetes can- companies that have worked hand in health community, including the not receive the prescription of insulin hand with the Congress to be able to much-appreciated oncologists and which would prevent them from losing ensure that these companies will not other specialists. a limb or having to be subjected to abandon their retiree health plans but As I conclude tonight, I want to say painful dialysis. It is a tragedy that would stay in the game, that would a message as always: God bless our under today’s Medicare those with continue to provide the medical cov- troops. We will not forget the sneak at- heart conditions cannot receive the erage for retirees, the prescription drug tack of September the 11th on our in- medications they deserve, but yet have coverage for retirees that their retirees nocent civilians in New York, Pennsyl- to be patients for bypass surgery or have earned through a lifetime of serv- vania, and Washington. ice. Mr. GINGREY. Mr. Speaker, I thank other invasive practices. This bill pro- the gentleman from South Carolina vides our seniors with the coverage b 2215 that they need to ensure their future. (Mr. WILSON). I especially am grateful So if we look at the employer coali- There are many provisions in the bill for him sharing that very personal an- tion over 60 companies and their com- ecdotal information with us about his that are positive for America’s seniors. mitment to their employees and their son. It is a bipartisan bill. It is a conference commitment to their retirees and their Mr. Speaker, what the gentleman report that has come through the fire. willingness to work with Congress, from South Carolina (Mr. WILSON) is This House acted originally on our H.R. 1 provides the incentive for these talking about is so true, that medica- version, the Senate on theirs; and now employers to stay in the game. tions that are available today we did we come together. I think if you look Certainly I had an opportunity in the not have in 1965. God forbid maybe if at the contents of this bill, the summer and early fall to meet with his son had had that leukemia in 1965, naysayers will sit there and pick it representatives of the AARP, American he would not be alive today. I know my apart; but if you look at the total Association of Retired Persons. Again, mom who was suffering from cancer package, it is good for America. Medi- I am a member. My wife is a member, several years ago would not be alive cine has changed dramatically since and I met with them in the 12th dis- today if it were not for the chemo- 1965. It is time for Medicare to change trict, and I was talking with them and therapy that basically completely put so that it can provide the medical serv- we were comparing the House and Sen- her cancer in remission. ices to our seniors. ate version of the bill, and we were Just imagine now, just imagine The things that I want to point out talking about the changes we needed to someone that is in their late 60s or in this bill relate to the fact that our make and the compromises and the maybe even mid-70s that has no insur- low-income seniors who have the great- coming together; and I committed to ance coverage for prescriptions who est need receive the greatest benefit. them that when this bill came out of comes down with cancer that could These individuals will no longer have conference that it would be a bill that very well be successfully treated if to choose between their prescription they could support and that together only they could afford, if only they drugs and food or utilities or roof over the Congress and AARP would work for could afford to take a very expensive their head. They will be given essen- the passage of this bill, and indeed, medication that would cure that can- tially 100 percent coverage, and that that is what has happened. I am glad cer, put that cancer in remission, and ensures that they will live full and and proud of the fact that we were able let them continue to live and enjoy complete lives. So those at the low-in- to work effectively with AARP to en- life. So that is why it is so important come levels of our society will benefit sure that seniors in America receive in this 21st century that we finally the most. Those who have tremendous the health care coverage that they de- have a coverage for prescription drugs. medical needs, prescription drug needs, serve. It gives me a lot of pleasure at this catastrophic drug costs they will also Lastly, Mr. Speaker, I want to point point, Mr. Speaker, to yield time to the receive significant support. I think if out the most significant component of

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.236 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11637 this bill and that is a choice, a choice. vannah, is hearing the same concerns the good. This is a solid bill that needs If a senior is happy with their current that I have been hearing. In fact, these to be passed in Congress. Medicare, they can continue receiving were the major concerns and have been I think one of the components of the that benefit as it currently exists. If the major concerns of the AARP, and bill that my good friend and colleague they would like a drug benefit coverage that is, what happens to these retirees from South Carolina (Mr. WILSON) with that, they are welcome to accept who have had a great health insurance pointed out was the health savings ac- that benefit, but they are not required plan after their retirement that in- count. What a revolutionary oppor- to do so. It is their choice. If they cludes a very generous prescription tunity for Americans and for families choose to take Medicare advantage drug benefit from their employer. to support tax free the health care where they receive screening, where There was this great fear, has been a costs, their own and then perhaps their they receive supportive preventive great fear, that all of the sudden em- parents; and if I look at that single care, that is the individual Medicare ployers may, since there is an oppor- provision alone, it is a tremendous ad- recipient’s choice. We have preserved tunity, an option under Medicare, drop vantage to America. Medicare, Mr. Speaker. We have pro- their plans; and so we have made sure I would like to thank my colleague, tected Medicare, Mr. Speaker. We have that we incentivize employers to keep the gentleman from Georgia (Mr. enhanced Medicare, Mr. Speaker. those plans, to keep providing for those GINGREY), for his leadership. I am de- If my good colleague and friend from men and women who in some instances lighted to have the opportunity to Georgia would be willing, I would like have worked 40 years for the company, serve in Congress with two physicians to maybe pose a question or two and very loyally working for the company. in our freshman class who understand get his input on this bill, if he is will- This Medicare Modernization and Pre- health care and who understand the ing to engage in a colloquy. scription Drug Act actually gives 28 challenges of our seniors. Mr. GINGREY. Absolutely. percent, 28 percent of coverage up to Mr. Speaker, as this conference re- Mr. BURNS. Mr. Speaker, I think one $5,000 per individual to employers, a port comes to the floor later this week, of the things that the gentleman can tax-free supplement to incentivize I think it is time for action. It is time help the Nation understand, as a physi- them not to drop those plans. The for us to stand up for America and to cian, how do you compare the current AARP and its 35 million seniors are stand up for America’s seniors, to pass physician reimbursement policies quite happy with that, and I think we this bill and to ensure that our seniors under Medicare with the proposals that have solved that problem. receive the Medicare coverage they de- are in this new modernization act? Mr. BURNS. Mr. Speaker, I think we serve, the prescription benefits that Mr. GINGREY. I am so glad that the need to recognize that we need to keep they deserve and need desperately but gentleman asked that question, and I our employers in the game. We need to also preserve this system for my chil- have actually been speaking on the keep them involved in supporting their dren and my grandchildren and for floor of this House for the last month retirees, and certainly this provision in America. on a weekly basis talking about that H.R. 1 does that. Mr. GINGREY. Mr. Speaker, I thank very thing that the gentleman speaks The last question deals with our low- the gentleman from Georgia for those of. income seniors and really all seniors. very, very timely and accurate com- Physicians have been suffering se- What does my colleague see as the ments in regard to this bill. In fact, the verely over the last several years. They level of health care that they will re- gentleman from Georgia mentioned the have taken deep cuts in Medicare pay- ceive under H.R. 1, this modernization health savings account, and I think ments, and the projected cuts for the act, compared to traditional Medicare that is one of the many parts of this next 2 years were 4.5 percent, 4.5 per- that has been around some 40-plus, al- bill that is so good. It is something cent less per year in Medicare reim- most 40 years now? that we have waited for a long time to bursement at a time when their prac- Mr. GINGREY. As the gentleman said have what we might call a universal tice expenses, especially the cost of at the beginning of his remarks, the health savings account opportunity. malpractice premiums, are literally most important part of this legislation Mr. Speaker, at this point, I would going through the roof; and the answer is that it helps our needier seniors. It like to yield to my colleague and to my colleague’s question is that gives them probably the greatest ben- friend, the gentleman from Indiana under this bill, physicians not only in efit. (Mr. CHOCOLA), who is a small business- the next 2 years will not suffer that 4.5 Most of our seniors who are not low man and understands this issue just percent cut, but in fact, they will have income, yes, they get significant help about as good as anybody that I have a 1.5 percent increase. with this bill, particularly in regard to discussed it with. Mr. BURNS. That is a large swing. catastrophic coverage when they get Mr. CHOCOLA. Mr. Speaker, I thank We are talking a 10 percent, 11 percent above $3,600 out of pocket in any 1 the gentleman for yielding, and I thank swing over the next 2 years. year, but the point the gentleman is him for his leadership in bringing us to Mr. GINGREY. Mr. Speaker, that is making is such a good one. It is so im- together tonight to really discuss what correct. portant for the public to understand, has been pointed out, I think, as one of Mr. BURNS. I think one of the things and that is that we are taking care of the historic bills we will consider in we need to understand is that our phy- our neediest seniors first. If they have our career, no matter how long we sicians need to be willing to accept new an income, an individual, of less than serve in this body and have the privi- Medicare patients, and we need to $12,000 give or take a few dollars per lege of representing the people in our make sure that health care is available year or a couple at the $16,000 income home districts. as well as access to help our seniors, level per year, then they pay nothing We have had a lot of talk about all and H.R. 1 provides that capability. for their deductible. They do not pay a the provisions that are in this bill and The gentleman was a part of the em- copay. They do not have to pay those how important they are, and certainly ployer coalition conference when we monthly premiums. All of that is taken the prescription drug provision is very talked about the employers being a care of, and they are only liable for important in the basis of this bill, and part of this solution. What was your maybe a dollar for a generic drug or $3 I join my colleagues in saying it is impression and what incentives do you for a brand-name medication or, if they about time that we live up to the see for employers to stay engaged, to are above 135 percent of the Federal promises that we have made to our sen- continue to provide their retirees with poverty level, that goes to $2, $5. So iors and really live up to our responsi- the benefits that were really com- minimum, and that is where the em- bility to deliver the prescription drug mitted to them while they were work- phasis is, as the gentleman from the benefit under Medicare that they de- ing for their organizations? 12th is pointing out, on our most needy serve. Mr. GINGREY. Another great ques- seniors. Really, what I would like to do to- tion, and I am sure the gentleman from Mr. BURNS. Mr. Speaker, I think if night is focus on another provision of the 12th, from southeast Georgia, as he we look at this bill and we look at all the bill that I think is equally impor- has had town hall meetings in his dis- aspects of the bill, it is a good bill. tant and really has an impact on every trict all the way from Augusta to Sa- Never let the perfect get in the way of single working family in our country.

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.239 H19PT1 H11638 CONGRESSIONAL RECORD — HOUSE November 19, 2003 Not only does it impact retirees, not ferent than most experiences, in that the freedom and the flexibility to have only does it impact Medicare recipi- the 80/20 rule applies. Eighty percent of the wealth to take care of their retire- ents, but it impacts every single family the people are pretty healthy, and they ment health care needs if we pass this in this country, and as the gentleman do not really need expensive health bill. So I join with my colleagues here from Georgia pointed out, that is care coverage. Twenty percent of the tonight to encourage every Member of health savings accounts; and the rea- people do encounter health care needs, this body to pass H.R. 1 and live up to son I want to talk about this is because and they will be covered by the cata- our responsibilities to the American ever since the day I decided to run for strophic portion of their coverage; but people. Congress, every single conversation for the 80 percent, they will be able to Mr. GINGREY. Mr. Speaker, I thank that I have had about health care in shop wisely and save money. the gentleman from Indiana. I think America has revolved around the fol- That is in their account on a year-by- this is such an important aspect of this lowing conversation. year basis. That money will grow tax bill and I appreciate his discussing that Basically, health care reform is the free year over year and grow into an with us. most important and complicated do- asset that they can utilize in their re- Mr. Speaker, there are probably 40 mestic issue that we face as a Con- tirement to purchase qualified health million people in this great country of gress, and the only way that we are care needs. ours who have no health insurance at going to see true health care trans- all, and 60 percent of them, maybe b 2230 formation in this country is to have in- more than 60 percent, have jobs. They dividual ownership and control of Mr. Speaker, I do not think there is are not unemployed. Maybe they work health care coverage; and the only way anything we can do that would be more for a small shop of five to 10 to 15 peo- that we are going to have individual responsible as Members of Congress ple and that employer just cannot go ownership and control of health care than to free the American people to out in the marketplace and get a vol- coverage is to have what we used to have wealth for their health care re- ume discount, so they just cannot af- call medical savings accounts, but now tirement needs. Certainly Medicare is a ford it. It is a benefit they cannot af- we call health savings accounts, be- very important provision. It has been a ford. cause it rewards people for shopping for great law in this country and has cov- This health savings account will give their health care services on economic, ered many people in a very responsible these employees that are working but not an emotional, basis, and it is an op- way. As this whole debate goes on this do not have the opportunity for group portunity for people to build wealth week, we will all recognize that since health insurance to put up to $5,000, up over a period of their life, over the 1965 health care in America has to $5,000 a year, Mr. Speaker, tax de- course of their career, and they can use changed, and we need to change Medi- ferred and will have an opportunity for that wealth to cover their retiree care to reflect that change. And we cer- that account to grow, as the gentleman health care needs. tainly need to provide a prescription from Indiana so vividly pointed out. I used to be a small business owner, drug benefit for our Medicare recipi- I want to shift gears, Mr. Speaker, as the gentleman from Georgia pointed ents. But would it not be great if we for just a minute. We have heard a lot out, and we had about 1,300 employees. could provide every single American of discussion tonight during this time We provided very generous health care working family the opportunity to about the AARP and how very sup- benefits for our employees, but every build wealth and be able to be free to portive they are of this Medicare Mod- year it was harder and harder and hard- have a substantial account in the bank, ernization and Prescription Drug Act, er to be able to keep those benefits in to be able to have the flexibility to this bipartisan conference committee place at a reasonable cost to the com- have the health care services they de- report. Let me just read a letter, Mr. pany and reasonable cost to the em- sire, no matter what those are, when Speaker, from the President of AARP, ployees; but every single day I saw the they retire? Mr. William Novelli, and here is what magic of ownership in accounts like So, Mr. Speaker, I think it is so im- Mr. Novelli says about this bill. profit sharing plan accounts, like a portant that we do not forget how im- ‘‘Some people are surprised by 401(k) plan. People that live paycheck portant this provision is. And as we AARP’s support of the Medicare pre- to paycheck did not have bank ac- talk about how do we lower health care scription drug legislation now before counts, took 100 percent personal re- costs in America, just think of this: Congress. They shouldn’t be. Our deci- sponsibility in those accounts because When is the last time you changed the sion is not based on political calcula- they knew it was their money, and if it oil in a rental car? If we do not own it, tion or allegiance to rigid ideology, but was managed well, it would benefit we do not take care of it. If we own our solely on what this will mean for our their retirements and their family. health care coverage, we have every in- members and the health of all older I thought every day as I watched the centive to take care of ourselves. We Americans. magic of that ownership, why can we are rewarded for having health preven- ‘‘There are many reasons for our en- not apply these same principles to tion and we are rewarded for buying dorsement. First, this bill will provide health care coverage in America, and our health care costs on an economic prescription drug coverage at little that is exactly what health savings ac- basis. cost to those who need it most: People counts do. As an employer would it not And there are two examples to show with low incomes, including those who be great if we could establish a system how powerful that is. Three years ago, depend on Social Security for all or that says that the employer can con- I had LASIK surgery. And 3 years ago, most of their income. Second, it will tribute and the individual can con- I paid $3,000 to have that LASIK sur- provide substantial relief for those tribute on a tax-free basis into an ac- gery so I could see. Today, you can with very high drug costs and will pro- count that covers a high-deductible probably go for 30 to 40 percent less to vide modest relief for millions more. policy? have that same surgery. The only dif- ‘‘Finally, we are pleased to see a sub- Mr. Speaker, for those that are not ference in that medical procedure is stantial increase in protections for re- familiar with what health savings ac- that it is not covered by insurance. It tiree benefits. That fairness is main- counts are, basically they are a high- is paid for by people out of their own tained by upholding the health benefit deductible health care policy, and the pocket. They shop, and economic and protections of the Age Discrimination high-deductible portion of that policy market forces have driven that cost and Employment Act. is owned by the beneficiary of that pol- down. The same thing with elective ‘‘On July 14, in a letter to congres- icy. They make the decisions on what surgery. People who have plastic sur- sional leadership, we outlined our con- medical services they are going to buy. gery, those costs have risen slower cerns and our expectations for a bill They make the decisions on how much than the cost of inflation. that we could support. Among them they are going to pay for those medical So, Mr. Speaker, it is possible to was our opposition to what is com- services; and if they are good shoppers bring health care costs down in Amer- monly known as ‘‘premium support,’’ a and they are relatively healthy, and ica. It is possible to live up to our renew structure requiring traditional certainly our experience in our com- sponsibility to our seniors. It is pos- Medicare to compete against private pany, I do not think it was too dif- sible to give every American family plans, which could very likely result in

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.240 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11639 higher out-of-pocket costs for those ency on lifesaving prescription drugs our seniors. We all need to support this who choose to stay in traditional Medi- continues to grow. But rising drug bipartisan proposal to create a new care. costs are not the only symptoms. Ala- prescription drug benefit under Medi- ‘‘As a result of negotiations, this was bama’s seniors and doctors suffer from care and help improve the lives of our scaled back to a demonstration project unfair rural health care penalties as seniors for generations to come. that is very limited in scope that well. Rural doctors, for example, are I thank the gentleman from Georgia, doesn’t begin until 2010, that exempts being squeezed by health care costs. Mr. Speaker. low-income beneficiaries and limits They are finding it more and more dif- Mr. GINGREY. Mr. Speaker, I thank any premium increases. This will not,’’ ficult to continue providing service to the gentleman from Alabama, and be- and I repeat, Mr. Speaker, ‘‘this will our seniors. This is because Medicare fore I introduce the last member of our not jeopardize traditional Medicare’’ as simply has not reimbursed rural health team tonight, I would like to read a we know it. doctors at fair and reasonable rates. As letter from the President of the Amer- ‘‘Of real concern to our members and a consequence, we are experiencing a ican Medical Association, and he says: millions of older and disabled Ameri- crisis in rural health care. The most ‘‘Dear Mr. Speaker, the American cans was the prospect that by gaining a highly-qualified doctors are forced to Medical Association is proud to sup- Medicare benefit, they might lose their move out and younger doctors are port the Medicare Prescription Drug current employer-retiree coverage.’’ choosing not to move in. and Modernization Act of 2003 con- We talked about that earlier. ‘‘We said Mr. Speaker, America’s seniors sent ference report. Congress listened to that the final agreement should pro- us here to get the job done. The bipar- America’s patients and the physicians vide adequate incentives for employers tisan plan to strengthen Medicare with who serve them. to maintain their current plans. The a prescription drug benefit helps sen- ‘‘The AMA gave Congress a set of proposed legislation includes an un- iors right where they need it, in their principles for a sound prescription drug precedented $88 billion in subsidies to pockets. This legislation provides policy. We asked that the pharma- ensure that people who have good pri- record increases for rural health care, ceutical drug benefit be fully funded as vate coverage do not lose it. it gives seniors more choices and more a separate new part of the Medicare ‘‘This bill is not perfect, but millions options, and, most importantly, it pro- program and provide for adequate ac- of Americans cannot wait for perfect. vides a drug benefit that is completely counting so that drug program expend- They need help now. And, finally, help optional while allowing seniors to stay itures can be tracked separately from is on the way. in Medicare’s traditional fee-for-serv- all other expenditures. We asked that ‘‘This is an issue too important to be ice system. it be targeted to reduce hardship for held hostage to the status quo. As the Doctors in rural areas, like mine in those with low incomes and those with late civil rights leader Whitney Young Alabama, would have a greater incen- catastrophic costs and that patients be once said, ‘We have no permanent tive to continue providing care. Sen- offered a choice of insurance options. friends or enemies, just permanent in- iors would subsequently benefit from The conference report meets all of terests.’ Our interests are what is best more health care options and more doc- these requirements. for our members and for all older tors. Most importantly, seniors would ‘‘We asked for help with the drastic Americans. get an immediate discount on their 4.5 percent physician payment cuts ‘‘In the coming days, we will do all prescriptions. A Medicare-endorsed that physicians and other health care we can to help the American people un- prescription drug card would be avail- providers will face beginning in less derstand how important this legisla- able within 6 months of the passage of than 2 months. We said that cuts in tion is to them and to convince Mem- this bill and provide savings up to 25 Medicare payments jeopardize access bers of Congress to work in a bipar- percent on seniors’ prescriptions. And to medical care not only for seniors but tisan,’’ absolutely a bipartisan ‘‘fash- the best part, every senior who receives also for military retirees and their de- ion to pass it now.’’ William Novelli, Medicare is eligible for these instant pendents. The conference report pro- President of the American Association savings, which typically number in the vides a 2-year increase in payments for of Retired Persons. hundreds or even thousands of dollars 2004 and 2005 of at least 1.5 percent each Mr. Speaker, at this time I would every single year. year,’’ not, Mr. Speaker, a 4.5 percent like to yield to my colleague and good There are also safeguards for our cut. ‘‘It also provides a mechanism to friend from the great State of Ala- most vulnerable Americans. For cer- begin correcting the flawed payment bama. Our districts butt up against tain low-income seniors, a $600 annual formula in an effort to stabilize those each other at the State line, and I credit would appear on their drug card. payments over time. know that the people that he rep- This helps ensure that our poorest sen- ‘‘We asked for relief from regulatory resents in his district in Alabama have iors receive access to the best possible burdens imposed on physicians and the same needs, life experiences, and care, no matter their income. other health care providers when deal- concerns that my folks do in the 11th Mr. Speaker, this bill is not just ing with the Centers for Medicare and District of Georgia. about today, it is about our future, for Medicaid Services, CMS. Using many So it gives me a great deal of pleas- our near retirees and for our children. components of the AMA model bill, the ure at this time, and I thank the gen- It is not perfect, but it is a great start. conference report guarantees physi- tleman from Alabama (Mr. ROGERS) for I know many of my colleagues here cians certain due process rights in joining us tonight. share my enthusiasm for this bipar- Medicare appeals and targets education Mr. ROGERS of Alabama. Mr. Speak- tisan bill, but the chorus of support for dollars promote. er, I thank my good friend and col- its passage is not limited to those in ‘‘We asked important flexibility and league, the gentleman from Georgia, this Chamber. In fact, the AARP has assistance in moving toward electronic for yielding to me. formally blessed this bill with their prescribing technology. The conference Mr. Speaker, it has been said that ‘‘Good Housekeeping Seal of Ap- report provides incentive grants to good things come to those who wait, proval.’’ AARP and its 35 million mem- small, rural, and low-volume practices but when it comes to our seniors’ bers have committed to helping ensure instead of mandating that all providers health, waiting is a luxury we can no passage of this historic legislation. use electronic prescribing technologies longer afford. Year after year we hear To quote AARP President James in a short time frame. It also provides the cries for help: Drug costs are sky- Parkel from a statement earlier today, for ‘safe harbors’ for group practices rocketing, family budgets are ‘‘The bill represents an historic break- and others in an effort to make these stretched, doctors’ visits go unfulfilled. through, and an important milestone technologies more widely available.’’ Mr. Speaker, the prognosis is clear: in the Nation’s commitment to Seniors need our help. strengthen and expand health security b 2245 In my home State of Alabama, sen- for current and future beneficiaries.’’ ‘‘We asked to retain the coding sys- iors now pay nearly $1,300 per year for So let us get the job done. I urge my tem that makes sense for American prescription drugs. These costs are ex- colleagues on both sides of the aisle to physicians, not to move to a new, un- pected to rise just as seniors’ depend- come together to improve the health of tested system. The conference report

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.241 H19PT1 H11640 CONGRESSIONAL RECORD — HOUSE November 19, 2003 removed language that would have im- low-income seniors, this benefit alone proposal, seniors would certainly have posed new, regulatory burdens in pay- will cover drug costs for nearly half the the option to receive care through an ment coding systems that physicians seniors enrolled in Medicare with mini- HMO. Some seniors prefer that type of use every day. Moving physicians from mal financial participation on the part care, but they would also have the op- some 7,000 codes to some 170,000 codes of the beneficiary. Additionally, the tion to receive their care through a could only mean less time spent with bill would authorize consumer-based preferred provider organization or, if patients. accounts dedicated to their holder’s they like fee-for-service Medicare, they ‘‘We ask that geographic disparities health and well-being. can stay right where they are. The bill in payments between rural and urban We have heard a lot about health sav- provides choices available to seniors; it areas be diminished. The conferees ings accounts this evening during the does not limit them. worked out a compromise to increase course of this hour, and I would under- Our work is far from done with this payments in this regard and to thor- score the importance of health savings bill. More work needs to be done to in- oughly study patient access to physi- accounts. This is not an arbitrary con- fuse more market-based principles into cians, as well as retention and attrac- cept. This is not just an idea that this government-run program. More tion of physicians to scarcity areas. someone has had; this is, in fact, a re- work will need to be done to improve ‘‘The status quo is unacceptable to ality that has been in existence for the the program so it focuses not just on patients and their physicians. The last 5 years. The Archer Medical Sav- covering as many Americans as pos- Medicare conference agreement in- ings Accounts were passed in 1996 or sible, but actually improving their cludes numerous provisions that will 1997. I had a medical savings account health with attention to the detail of improve seniors’ access to medical until coming to Congress and have seen health maintenance. services. We worked closely with Con- firsthand how you can have real wealth Congress will remain accountable gress to do the right thing for Ameri- grow in an interest-bearing tax-free ac- and engaged. Medicare is a program can’s seniors, and Congress heard us. count dedicated to your health care that will need continual supervision We pledge to wholeheartedly support needs. Health savings accounts allow over the years to ensure it remains a the Medicare Prescription Drug and individuals and families to put their viable program. We will continue our Modernization Act. Sincerely, Michael money in tax free, allow it to grow tax oversight on Medicare for future gen- D. Maves,’’ president of the American free, and be withdrawn tax free to erations. This Medicare bill is the fu- Medical Association. cover medical costs. These accounts ture of health care for our Nation. Mr. Speaker, I think this is a perfect will give younger Americans the abil- Mr. GINGREY. Mr. Speaker, I thank segue into the introduction of my col- ity to save for future medical expenses, the gentleman from Texas (Mr. BUR- league from Texas who not only is my and give older Americans the ability to GESS) and the other Members for join- freshman colleague in this Congress, soften the financial strain of costly ing us tonight. An hour goes by very but he also is my colleague as a physi- procedures or even long-term care in- quickly. I think we need about three to cian and further as a specialist in ob- surance. By shifting Medicare to a really talk about everything that we stetrics and gynecology. I yield to the more consumer-focused program, we need to talk about. gentleman from Texas (Mr. BURGESS). improve health outcomes, give pur- In conclusion, let me say that we Mr. BURGESS. Mr. Speaker, unlike chasing power and make the program proudly support this Medicare Mod- the gentleman from Georgia, I was not more accountable to the American tax- ernization and Prescription Drug Act involved in medicine when Medicare payer. of 2003. We talk about compassionate was passed back in 1965. It was a good There have been those who criticize conservatism, and that is a pledge upon program that was passed to help sen- this ground-breaking program before which our 43rd President ran, and he iors with their surgery costs and their Congress as an attempt to privatize. promised that we would deliver. And medical costs if they were hospitalized, Mr. Speaker, which President actually some pun intended, I might add as an but there was an important omission; privatized Medicare? In fact, it was OB-GYN, but the President promised, and now this Congress almost 40 years Lyndon Johnson. The private market and this leadership promised, this Re- later, almost 4 decades later, stands on has been intimately involved in Medi- publican Congress promised that we the brink of correcting that deficiency care since day one. When President would deliver. Finally, at long last we that started in 1965. Johnson signed Medicare into law in have overcome a lot of obstructionism Seniors to this day have no com- 1965, he was asking hundreds of thou- to get to the day that we are going to prehensive drug benefit, an omission sands of doctors and their private prac- deliver to American seniors, and they from the original Medicare passed in tices and their private hospitals to par- deserve it. 1965. On a daily basis, I saw how this ticipate in a government program. The It is compassionate because there are impacted my patients. I would have pa- program then depended on the private people in this society who through ab- tients who could not afford the medica- market to provide a network of doctors solutely no fault of their own need our tions that I prescribed, patients who to care for seniors, and the program help, and that is what compassionate would split pills or take a smaller dose. today depends upon that same private conservatism is all about. Mr. Speaker, Medicare would cover the cost of the market to provide that care. I say this is its finest hour. Let us get doctor visit, but because of this hole Because the delivery of health care is this bill passed with support from both that was left in the program, which so much more complex today than it sides of the aisle and make this truly a could only be classified as a typical was back in 1965 with the complex bipartisan success for our seniors. government approach, they would array of specialty providers, physician f often be unable to follow my rec- networks, insurance companies, phar- ommended course of treatment if pre- maceutical benefit managers and mail PRESCRIPTION DRUG COVERAGE scription drugs were involved due to a order pharmacies, it would be irrespon- UNDER MEDICARE lack of coverage. sible of the U.S. Congress to not rely The SPEAKER pro tempore (Mr. This President and this Republican on this same network that provides ROGERS of Alabama). Under the Speak- Congress have had the courage to stand care every day to millions of Ameri- er’s announced policy of January 7, up and do what is right by correcting cans as we look to reform how Medi- 2003, the gentleman from New Jersey this oversight by helping millions of care covers America’s seniors. (Mr. PALLONE) is recognized for 60 min- American seniors pay for their pre- As for the claim that seniors will be utes as the designee of the minority scription drugs. This bill gives seniors forced into HMOs, nothing could be fur- leader. purchasing power to meet their pre- ther from the truth. We have heard Mr. PALLONE. Mr. Speaker, I plan scription drug needs and cover their over and over how health savings ac- to be joined tonight by some of my col- health costs. counts will impact the health of Amer- leagues on the Democratic side, and I The prescription drug discount card icans in the future. The truth is that appreciate the fact that they are here will reduce the cost of prescription under this bill, seniors will have more to join me. I did listen to much of what drugs by as much as 25 percent. With options to meet their health care needs was said by my colleagues on the Re- the additional subsidy placed on for than they currently have. Under this publican side in the last hour.

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.243 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11641 One thing that bothers me the most should not have to add all of this extra you sign up for an HMO and give up about some of their statements is that money to boost up the HMOs and make your choice of doctors, and they are they seem to color everything based on sure that the HMOs and the private giving all this extra money to the ideology. I hear constant references to market are going to cover seniors. The HMOs to try to make sure that they conservativism, even if it is compas- irony is what they are doing here is will provide a prescription drug benefit sionate. I hear references to market forcing the seniors into managed care, because many of the HMOs in the past forces and the private market. They into HMOs. You are not going to get few years that have initially provided suggest that they are not privatizing this drug benefit unless you essentially prescription drug benefits decided to and somehow Medicare has been sign up for an HMO. You are going to drop the seniors, and now many of the privatized for some time going back to lose your choice of doctor; and as a seniors who signed up for them do not Lyndon Johnson. consequence you are suffering, and tra- have it anymore. That is 100,000 people First of all, it is very important to ditional Medicare as we know it is in my home State of New Jersey alone. understand that I personally, and I going to disappear. I have my colleagues here. I would know this is true about my colleagues, What is this drug benefit that they like to yield some time to them. First, we do not look at this from an ideolog- are going to provide? Well, I would I wanted to make two more points, be- ical perspective. I do not think we real- maintain that it is such a meager ben- cause I have had seniors ask me this ly care whether it is conservative or efit, and it is going to cost senior citi- question. Number one, they say what liberal or market or regulatory. We are zens so much money out of pocket it is are you doing about cost? Republicans only interested in providing a prescrip- essentially meaningless. Since it is vol- are doing nothing about cost. They spe- tion drug benefit to senior citizens, untary, most seniors will not even sign cifically have in their bill language and, practically speaking, the best way up for it. that says that the Medicare administrator cannot negotiate lower prices, to do that. b 2300 My concern about the Republican unlike what we do for the VA or we do side is they seem to be ideologically In July when this bill came up in the for military personnel. Democrats, of driven: there have to be market forces House, the Democrats had a substitute. course, in our substitute, we had nego- or this has to be some kind of conserv- What we said is this. If you, as Repub- tiated prices on the part of the Medi- ative approach, and the notion that ev- licans, feel that you want to provide a care administrator. That is because of erything has to be privatized or really certain amount, pot of money to pro- the prescription drug industry. Just has been privatized all along. It is just vide a prescription drug benefit, we like the Republican bill will help the not the case. know that the traditional Medicare insurance companies, help the HMOs, it When we talk about Medicare when it program works very well, and nobody is also going to help the drug industry was first started under Lyndon John- on the other side is saying that that is because they will not be any cost con- son, he started Medicare because he re- not true, then why do you not just add tainment. The other thing that is in alized that if a senior citizen, prac- the money and add the drug benefit to the Republican bill that a lot of seniors tically speaking, wanted to go out and traditional Medicare the way you have told me they are concerned about buy insurance in the private market, added a benefit to pay your doctor is no reimportation, no opportunity to which is all that existed at the time in bills. Seniors know that part A pays reimport drugs from Canada or other the early 1960s, that they could not get for their hospitalization, part B Medi- countries to try to create a competi- health insurance. They could not buy care pays for their doctor bills. With tive market and lower cost. The third it. There was no way to do it. their doctor bills, they pay about a $50 thing that some of my seniors have The reason that Medicare, which is a per month premium, they have a $100 said that I wanted to mention and just government program, not a private in- deductible on the first visit to the doc- throw out to my colleagues is that the dustry program, was set up was be- tor, 80 percent of the doctor bills are Republican bill does not even take ef- cause of the failure of the private in- paid for by the Federal Government, 20 fect until the year 2006. We are going to surance market to accommodate and percent copay and after you reach a go through an election for President, provide affordable, comprehensive certain amount that you pay out-of- we are going to go through another health care for senior citizens. I do not pocket, the Federal Government pays election for Congress, 3 years from care how it is provided, but the bottom 100 percent. We as Democrats said, let’s now, before this bill kicks in. I hear my line is that the private market could just emulate that and extend it to pre- Republican colleagues say, oh, this is not provide the health insurance. scription drugs, call it part C, part D, only the beginning, we’re going to have There is no indication that that has whatever you want, you pay a $25 per to do more down the line. If this is changed in any way today. To suggest month premium for your prescription such a great thing, why is not starting that somehow Medicare now is private drugs, you pay a $100 deductible for the at the beginning of the year? If they is simply not true. first drugs, whatever, and then you pass it this week and the President I think that Republicans are spend- would have 80 percent paid for by the signs it, why is not effective January ing so much time trying to make sure Federal Government, 20 percent you 1? Why do we have to wait another 3 that Medicare is privatized in order to would pay, copay, and then at a certain years? In any case, I see some of my provide a prescription drug benefit that threshold just like in part B, 100 per- colleagues would like to speak. I yield they are losing sight of the fact that cent of the cost of your drugs would be to the gentleman from Texas (Mr. the purpose is to provide the benefit. If paid for by the Federal Government. RODRIGUEZ) who has not only done a lot we look at what this Republican bill, That is not what the Republican bill of work in general on the health care this Medicare conference report that does. The Republican bill, first of all, issue but I know has particularly paid we are going to get, and we have not says that you are probably going to attention in the context of the Con- seen it yet, if we look at what we are pay $35 a month premium but there is gressional Hispanic Caucus with health told that it is going to include, and we no set premium. It could be $75, $85 a care and this issue. I appreciate the are going to vote on Friday or Satur- month. Who knows? The deductible is gentleman being here tonight. day, we find that there is an attempt not $100 but $275 a year. And 75 percent Mr. RODRIGUEZ. I want to thank to privatize Medicare; and the way that of the cost is paid for by the Federal the gentleman from New Jersey, and I they do it is by providing the HMOs Government, 25 percent by you, up to want to thank him personally for what and private insurance companies a the first $2,200. But from $2,200 to $5,000 he has done in the area of health care. huge amount of money, plus-up money, for your drug costs, you get nothing I know that when we heard the other if you will, so they can, what the Re- from the Federal Government. You pay gentlemen, the Republican from Texas publicans say, compete with tradi- the whole expense. I would maintain talk a little bit about the history, I tional Medicare. that you are going to have to shell out know that one of the reasons for Medi- The bottom line is that if we had a so much money for this premium and care is the fact that as our seniors true competitive market between tra- get so little of a benefit that most sen- reach their twilight years, we have for- ditional Medicare or HMOs, the market iors would not even sign up. Keep in gotten the previous history, and, that should take care of itself and they mind, you are only going to get it if is, that one of the difficulties was that

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.245 H19PT1 H11642 CONGRESSIONAL RECORD — HOUSE November 19, 2003 the existing insurance companies and erage, our seniors in our rural commu- as a way to control escalating cost; but health providers, as soon as you got ill, nities throughout this country are hit by the end of the decade, as we well you were being dumped. Concerning even harder. I share that with the gen- know, provided plans have abandoned LBJ, there is a little story that I tell tleman because I know he is well aware thousands of seniors and they have left that was written up that one of the that this same effort has been tried in them out there in the cold. And I ex- things that he had gotten the insur- terms of the privatization of Medicare. pect that the same thing is going to ance companies into the White House They came to us some years ago and happen. and the medical profession into the said, we can provide Medicare cheaper. I want to give an example also of a White House and he had basically got We tried that. We know now that it did study that was done in the San Anto- them in there and told them, look, I’m not work. In fact, in my counties in nio area in Texas like it was done even going to be doing you a favor. You south Texas, Wilson County, Atascosa throughout the country. For instance, can go ahead and insure the young peo- County, they were not making the in San Antonio, Zocor, which is a cho- ple while they’re healthy and take care profits that they wanted so they lesterol medication, runs approxi- of them, and I know that as soon as dropped. We do not see the HMOs in mately $110 for 30 tablets. Right now in they get ill, you’re dumping them. So rural Texas and probably throughout the communities of Pearsall, Texas, in allow me the opportunity to establish rural America. There is a lack of access Atascosa County, where I have a popu- Medicare, and I’ll take them off your to services. If they do not see those lation of 15,000, that prescription costs hands. huge profits, then they do not drop the 25 percent more. So even prescriptions We have forgotten that history. We individual but they drop the whole now in rural communities are even are going back to allowing the private county. more costly. So as we can see, the costs sector to come in. It would be great if Mr. PALLONE. This is what I envi- will add up quickly and force rural sen- that could work out, but the reality is sion is going to happen here in counties iors with this proposal to really not be that my seniors do not have the re- like yours or in my own State of New able to benefit. It is unfortunate, but sources and the profit margins are not Jersey. We had 100,000 people dropped what we see now is basically a disman- there for the private sector to profit by HMOs in the last few years. Because tling of Medicare. from it because our seniors do not have they keep giving all this extra money And we recognize that. Because there the resources and they are the ones to the HMOs that are in this bill, I will is not a sincereness. The money that is most likely to get ill. So most of the use New Jersey as an example, but I coming to provide Medicare for seniors companies do not even want to touch think it could be true in Texas or any- and for prescriptions is coming from that. But now, of course, they do be- place. Because they are getting all this cancer patients. Almost 1 billion per cause there is some benefits that they extra money, some HMO is going to year, it is estimated; that those women are going to be receiving. I know that step forward and say okay, look, you’re with breast cancer, other people who there are some tax cuts also included giving me all this extra money, I’ll suffer from cancer, it is just like tak- in this effort. offer a prescription drug benefit. If ing education programs for kids to pro- Mr. PALLONE. When I have posed your seniors enter my program, you’re vide after-school programs. Both are in that to the Republicans and I have giving me all this extra money, I’ll need. So we are taking from patients said, the private market does not want offer a prescription drug benefit, but who suffer from cancer and then pro- to come in, even the HMOs do not come I’m going to charge, who knows, for viding prescription drugs for our sen- in, their answer is, we’ll just give them the cost of the premium, not $35, $65, iors. They are both in need of the serv- more money. We know they have these $75, $85 a month, whatever. ice. So it is really unfortunate that plus-ups. I guess about $20 billion of According to this bill, as long as they are unwilling to provide resources the $400 billion is extra money going to there is one HMO in the area, in my to really beef up the program the way the HMOs and the PPOs, the private district or in your county, that is will- it should be. And what I see is the be- sector, to offer this kind of drug ben- ing to provide the benefit, regardless of ginning of a dismantling of Medicare in efit. Then I say to them, what if the $20 what they are going to charge for a a way that is very dishonest, a push on billion doesn’t work? They say, we’ll premium, that will preclude a senior this effort. And I know that we have just give them more money. That is from getting any kind of drug benefit people here who basically believe, and their response, but it is the absolute under traditional Medicare. So if they it is hard to comprehend that, that opposite of what true competition is. If have traditional Medicare and there is when it comes to health care that we you are going to have to keep giving some lousy HMO that comes in and do not have an obligation or a responsi- them more and more money in order to wants to offer them this plan because bility. But we need to understand that get them to enter into this market, they are getting all this money, but this country ought to be just in terms how is that free enterprise and market charging a high premium that they of how we treat our most vulnerable, economy? cannot afford, or they see no benefit how we treat our seniors in the twi- Mr. RODRIGUEZ. You know they do because they have to lose their choice light years; and this is no way to do not want a free enterprise, especially of doctors, then they are out of luck that. when they put specific language in the because you can only get, maybe, I am So I am hoping that we will be able bill that does not allow an opportunity, not even sure, but you can only get to get the votes to kill this proposal and I cannot understand this. If you drug benefits with traditional Medicare because I think that all it is is a way really want a free enterprise, here you or without joining an HMO if there is of basically beginning to look at dis- have it with our veterans, the VA has not an HMO in the area that is going to mantling Medicare as we know it. It is been able to get a contract where they offer it. But it does not have to be an a program that has worked. What we can get lower prices. In this bill, I can- HMO if it offers a reasonable plan or a need to do is fund it appropriately and not believe that they have gotten lan- reasonable price. It just has to be any- make sure that prescription drug cov- guage in there that does not allow that one that happens to be there. erage is part of that. If I can just share to occur. In fact, it makes it against Mr. RODRIGUEZ. It is unfortunate. I with my colleagues, this administra- the law for them to even try to nego- want to give you some figures from tion, when it comes to heath care, they tiate. So it is a protection of the phar- Texas alone. have gone after Medicaid, which is the maceutical companies. It is apparent program that responds to the most that this bill is definitely being sup- b 2310 needy of our country. They have gone ported by the pharmaceutical compa- Texas has close to 530,000 Medicare after the CHIP program that funds the nies, definitely being supported by the beneficiaries that are in rural Texas, kids in this country, working Ameri- special interests. It is unfortunate, but and 20 percent of them live in the rural cans who are out there working their our seniors are the ones who are going communities. I can attest to the gen- hearts out and paying their taxes and to suffer. tleman that those individuals are spe- yet find themselves unable to insure I wanted to briefly talk a little bit, cifically going to have difficulties. This their own kids and themselves. And because I know that when we talk promise was given to us in the 1990s this administration is the same admin- about Medicare prescription drug cov- about Medicare HMOs that were touted istration that is trying to destroy

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.246 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11643 those same programs; and now they friends on the other side of the aisle (Mr. PALLONE) mentioned it, we passed come up with a Medicare program that have had to admit that on this floor be- a reimportation bill with over- has a prescription drug coverage where fore this Congress and before the Amer- whelming support this summer, bipar- they have taken money from the can- ican people. tisan support, that would have finally cer patients? So when we look at a pic- Mr. Speaker, maybe I was mistaken. granted our seniors access to the same ture like that, we know that there is I thought we wanted to provide a pre- safe, quality, low-priced drugs sold in something wrong, and we know that scription drug plan to help America’s 25 other nations including Canada. their sincerity in trying to meet the seniors. I thought that was what we problems that confront us is not there. were working on. But I have kind of b 2320 Once again I want to thank the gen- seen the light. Our Republican friends tleman for being here tonight and talk- do not really want to have a drug plan Now, this was part of a deal between ing about this critical issue, and I am that helps seniors. They want a plan the Republican leadership and one of hoping that Americans are out there written by the HMOs and the pharma- its own Members to secure that Mem- listening because this is a serious issue ceutical manufacturing companies. ber’s vote for H.R. 1 in exchange for a that is before us. It is an issue that And I can see why those companies and commitment to do something about confronts all our seniors, and we all the Republicans want that plan. The lowering the cost of drugs. H.R. 1 have elderly in our communities that drug companies want a drug plan be- passed by one vote due to that promise, are impacted by this, and we are play- cause they supply the drugs and they and we all know it. We were all here on ing games. set the prices. Sweet. What a good deal. the floor. We all know where it hap- The gentleman just mentioned some- They supply the product, and they set pened: right over on that aisle. One thing that is extremely important. If it the price. vote, when the Republican leadership is so great, why not do it now? And the And it gets better than that. The Re- kept the vote open 45 minutes, con- reason why is because it is a hollow publican plan forces seniors off of trary to the rules of this House, based promise. There is nothing there. And Medicare and shoves them perma- on a promise to do something. when it does happen, it is going to be nently into the waiting arms of HMOs. But that was just a blatant lie, be- devastating and it is going to be a The Republican plan is to move all of cause here we are, the final conference nightmare. the revenue to HMOs and place all the bill that not only fails to include re- Mr. PALLONE. Mr. Speaker, I want burden on our seniors. importation, but makes it harder to re- to thank the gentleman for his com- And, Mr. Speaker, what is the big import drugs from other nations. ments. And I have to tell him that rush? As has been mentioned by the To further ensure the drug compa- most seniors think this is going to gentleman from New Jersey (Mr. nies’ flourishing profit margins, this take place immediately, within a few PALLONE) and the gentleman from legislation specifically prohibits the months; and when I mention to my Texas (Mr. RODRIGUEZ) and others, Secretary of HHS from using the pur- seniors that it does not take effect what is the rush? If we pass this Repub- chasing power of 40 million Medicare until 2006, they are shocked. They lican sham of a bill written by the drug beneficiaries to negotiate for lower think how could they be talking about companies, it does not even go into ef- prices. What is that all about, Mr. this 2 or 3 years from now? And when I fect until the year 2006. This is 2003. Speaker? Why in the world would we mentioned it to one of the Republicans What are we doing? How stupid do they put in legislation and say we are pro- from Florida who spoke on the motion think the American public is? What a hibiting the Secretary from negoti- to instruct tonight, he said it would sham. This is not a drug plan for sen- ating for lower prices? I have never take that many years for the insurance iors. It provides no coverage in 2003. It heard of such. What kind of business companies and everybody to adjust to provides no coverage in 2004. It pro- deal is that? put this in place, which does not make vides no coverage in 2005. And it just Now, if the Republicans are so darn any sense. We can have the structure kicks in coverage in 2006. At least that proud of this pitiful plan, I want to changed in a month or two if we really is their planned coverage. know why they meet in secret in the want to do it. Like I said, we are not in a rush to conference committee. Now, I have Mr. RODRIGUEZ. Mr. Speaker, if I pass the bill; so why pass it today? Why never heard an answer to that. The can just close, it does make sense in a pass it in 2003 and have no coverage Democrats do not even get told where political year where they can get polit- until 2006? Maybe, I mean just maybe, the meeting is. Now, I can understand ical contributions. it is because elections are coming up in they were embarrassed to bring forth a Mr. PALLONE. Exactly. 2004. Would that be why they are pass- bill written by the insurance compa- Mr. Speaker, I yield to the gentleman ing this bill? nies; I can understand why they are all from Texas (Mr. SANDLIN). So our Republicans want to pass a embarrassed about that. They did not Mr. SANDLIN. Mr. Speaker, I would bill in 2003 with no coverage. Then they want the Senate to know, they did not like to thank my friend from New Jer- want to brag about it in 2004 with a want the House to know, they did not sey for leading this hour. fancy name. They want to run on that want the public to know. But to pre- Mr. Speaker, we have heard a lot of when they are not even paying any serve their dignity, could they not talk tonight from our friends on the benefits. And then who knows what have just changed or covered up the other side of the aisle about how they they are going to do in 2006? As the HMO letterhead and had a regular con- want to provide a prescription drug gentleman from New Jersey (Mr. ference committee meeting where ev- plan. I do not know about all that, but PALLONE) has mentioned, we have got a erybody participates, where everyone what I do know is this: the plan the Re- whole new administration possibly. We has an opportunity to have their say? publicans have privatizes Medicare. have got a whole different Congress. And, Mr. Speaker, it is critically im- That is what it does. It privatizes We do not have any commitments. We portant to note, as the gentleman from Medicare. It eliminates coverage for are passing something in 2003 for 2006. New Jersey (Mr. PALLONE) mentioned, over 2 million Americans. It gives tax That is ridiculous. it is important to note that we are subsidies for the wealthy. It forgets to In summary, the Republicans are presently debating and talking about a give real help to those of low income. telling seniors to sit down and shut up nonexistent bill. There is no drug bill. It has a very high deductible, and, Mr. until elections are over and then they We are guessing at the content. The Speaker, as we know and as our friends are going to deal with them. Sit down Republicans say, they say that they on the other side of the aisle have been and shut up. are going to produce an 1,100-page bill, forced to admit reluctantly, it has a Every Member of Congress claims to and we will vote on it Friday or Satur- gap in coverage so large that our sen- be committed to lowering the price of day. iors would forget there is any coverage prescription drugs for our Nation’s sen- Now, I would like to see a show of at all but for the fact that they have to iors, but the truth of the matter is that hands, Mr. Speaker, and see how many continue to pay premiums each and actions speak louder than words. I be- people in here are going to be able to every month even at a time when they lieve, as has been mentioned tonight, I receive, read, and understand an 1,100- are not getting any coverage. And our believe the gentleman from New Jersey page bill in just a few hours. I mean I

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.248 H19PT1 H11644 CONGRESSIONAL RECORD — HOUSE November 19, 2003 see no one has raised their hand be- Mr. SANDLIN. Mr. Speaker, that is Alliance for Retired Americans, Medi- cause that is ridiculous. exactly right. Many of these folks are care Rights Center, National Seniors So the Republicans are planning to going to find out, when Medicare is Law Center, American Federation of pass an 1,100-page bill that is currently privatized, as is the plan; that is where Teachers, NEA, National Taxpayers not in existence, that has been read by we are headed, let us make no mistake Union, American Nurses Association, no one, that was written by the insur- about it, we will no longer have to see and the list goes on and on. Everyone ance company, that provides abso- these groups coming up here to talk to knows that this is a sham. And when lutely no benefits until 2006, but Congress, because we are not going to we start looking at it, and our Repub- privatizes Medicare. That is the plan. have anything to do with it. It is lican friends will hear that and they Now, is that not special? Is that not privatized. It is all then going to be a say, oh, that is just a bunch of activists special, Mr. Speaker? matter of what the HMOs are going to and progressive advocacy groups that Now, much has been made of the fact pay, and they will just have to go talk are against that. that AARP endorsed this bill. Not so. with them. We heard them tonight talking Some of the executives of that organi- Let us look at what a few organiza- about, as the gentleman from New Jer- zation did, but there was not a vote of tions have said. Again, the rank and sey (Mr. PALLONE) mentioned, all this the membership and, in fact, the AARP file of AARP is opposed to it. Let us ideology and being conservative. Mr. membership across this country is up look at the Alliance for Retired Ameri- Speaker, come on, let us get with it. in arms about it. This is a PR stunt by cans: ‘‘The Alliance for Retired Ameri- The most conservative and fiscally re- the executives, and that is who is lead- cans categorically opposes the pro- sponsible groups in this country oppose ing that organization is a former PR posed Medicare bill being touted by Re- this bill. Cato Institute. Now, who is man. publican leaders on Capitol Hill. The more fiscally responsible and conserv- Let me read to my colleagues, be- Bush administration and Congress are ative than them? Quote: ‘‘The Medicare cause we heard all about the PR dude, prescription drug bill to be voted on by but let us hear what some of the people callously using a much-needed and long-awaited prescription drug benefit Congress this week is a terrible mis- say. Mr. P.R. Latta in Raleigh, North take that will dearly cost our children Carolina, he is writing to AARP and he to privatize Medicare. Under the proposed bill Medicare, as we know it, will and grandchildren. This is a bill for says, ‘‘As you all know, I have on many politicians.’’ I am leaving some of it occasions informed you AARP opposes cease to exist. They may say they are looking out for seniors, but they are out. ‘‘Sometimes the better part of privatizing Medicare and Social Secu- valor is recognizing when you have rity. All of you know I tried to tell it really protecting the profits of the big pharmaceutical companies and ensur- made a mistake. Congress should rec- like it is. AARP at the national level is ognize this bill as a mistake and go supporting the present prescription ing profits to the insurance industry.’’ That is the Alliance for Retired Ameri- back to the drawing board.’’ drug bill. This bill does not serve the The Club for Growth: ‘‘We oppose the seniors, and it privatizes the prescrip- cans. I have a list, not to read all of this, Medicare prescription drug conference tion drugs under the misused distor- report. On balance the bill is too costly tions of freedom of choice. but the Medicare Rights Center: ‘‘The bill under consideration does more to taxpayers and would force millions ‘‘The support of this bill makes it im- of Americans into a government-run harms than good.’’ possible for me to trust AARP at the program greatly inferior to the cov- national level, and their support of this Families USA: ‘‘The proposal does too much to destroy Medicare and too erage they have today.’’ bill, with its many faults, makes it im- Heritage Foundation, that well- little to help the seniors who can least possible for me to represent AARP at known activist group, liberal advocacy afford the medicines.’’ the local level. group: ‘‘Of course, the agreement con- The Transport Workers Union of ‘‘Therefore, effective at the end of tains an unworkable and potentially America: ‘‘The bill fulfills Newt Ging- this meeting, November 20, 2003, I will unpopular drug benefit with millions of rich’s dream of causing Medicare to resign as your legislative chairman.’’ Americans losing part of their existing ’wither on the vine.’ It includes re- Mr. PALLONE. Mr. Speaker, I lis- coverage. Instead of targeting benefits quirements and incentives to force peo- tened to everything the gentleman to seniors who need them, the Medicare ple out of Medicare into private insur- said, but I want to just take it one step conferees are insisting on creating uni- ance plans; not only the ‘‘premium sup- further. The gentleman pointed out versal drug entitlement to be delivered that we have no bill, and that is cer- port’’ provisions, but the $12 billion through the vehicle stand-alone insur- tainly true. The gentleman from Flor- slush fund for the President to bribe ance. Meanwhile, the politically engi- ida, earlier on the Republican side to- and coerce seniors into private plans.’’ neered premiums and deductibles, cou- The Center for Medicare Advocacy: night, actually challenged some of us pled with their odd combination of ‘‘Even in its most limited form, the on the Democratic side on the motion doughnut holes and gaps in coverage, premium support or voucher ‘‘dem- to instruct and said that we had not are likely to be unpopular with sen- onstration’’ will cause elders and peo- read the bill. And the gentleman from iors.’’ Ohio (Mr. BROWN), from our Committee ple with disabilities to pay different The National Taxpayers Union: ‘‘The on Energy and Commerce said, well, amounts for Medicare in different parts vote on final passage of the bill will be where is the bill? We have not received of the country.’’ among the most heavily weighted in it. And, of course, the Republican UAW: ‘‘Make no mistake, the issue 2003. They say, ‘‘There are many prob- Member from Florida had no response before the Senate is not simply the na- lems with the provisions of the final because they have not shown it to us, if ture of prescription drug coverage that Medicare prescription drug legislation, it even exists. But imagine, as the gen- will be provided to seniors. Rather, the but perhaps the worst is that it will tleman said, not only do we not have conference report directly puts at risk add hundreds of billions of dollars in the bill, not only has there been no the continued stability and viability of unfunded liabilities to a Medicare sys- conference participation by the Demo- the entire Medicare program.’’ tem already headed for bankruptcy.’’ crats, but now these organizations like TWU: ‘‘In exchange for these dev- Citizens Against Government Waste: AARP, AMA, the PhRMA, the drug astating changes to the basic Medicare ‘‘Congress is about to pass a bill that manufacturers, all mentioned on the program, seniors will get a prescription will add a prescription drug benefit to other side as endorsing the bill, some drug benefit that will leave one-half of Medicare. The bad news is this bill fails of them are even running ads for a bill all seniors paying more out-of-pocket to reform Medicare. It may take away that does not exist. than they do now and turns over to pri- prescription drug coverage that you So I mean the guy who is the legisla- vate insurers the power to decide what and your friends already have.’’ tive chairman, he did not say it in the drugs to cover, how much to charge, American Conservative Union and letter there, but one would almost have and whether to offer coverage at all.’’ others have similar comments. to resign knowing that your organiza- Mr. Speaker, I have an entire list. I tion has endorsed legislation that is am not going to go through it. But b 2330 not even available to look at. It is un- folks like the National Committee to Mr. Speaker, it is clear, this secret believable. Preserve Social Security and Medicare, nonexistent missive that is created by

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.250 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11645 the insurance companies in this coun- So I ran for Congress. I ran for Con- privatizing a Medicare prescription try is ridiculous. For the Republicans gress to try and modernize Medicare to drug benefit. to cram this bill with no benefits down include medicine for our seniors. And I Our parents, our grandparents are the throats of our seniors is uncon- knew it was pretty partisan in Wash- literally going to have hundreds of in- scionable. Mark my word, Mr. Speaker, ington, but I thought if there was an surance companies knocking on their if this bill passes, if this bill passes, it issue that would not be a Democrat door, calling them on the phone, send- will pass solely on the backs of the issue or a Republican issue but, rather, ing them mail all trying to sell them votes of our friends on the other side of a seniors issue, this would be it. But I exactly the same policy because they the aisle. And the Republicans can an- got to town and learned it is a big drug want to spread those 40 million people swer to America’s seniors for this trav- manufacturers’ issue. every which way they can so no one esty. It is on their backs and on their This is not a seniors bill we are going will have the buying power to demand shoulders. It is their responsibility. to be voting on this week. This is a bill those discounts from the drug manu- We should work together to craft a written by the big drug manufacturers facturers. bill that is voluntary, has a specified to benefit the big drug manufacturers. This bill does nothing to bring down cost, a low deductible, and absolutely I am sick and tired of all this partisan the high cost of prescription drugs. In no gap in coverage. It should guarantee bickering. I am sick and tired of Demo- fact, no insurance company has come coverage under Medicare because sen- crats being locked out, committee forward to say they will offer a pre- iors have already paid for that cov- members being locked out of the room scription drug plan for seniors. And erage. We do not need to help the where they are writing this bill. If they that is why in this bill, the Repub- HMOs. It is our responsibility as a Con- get the drug manufacturers up out of licans have put a $12 slush fund, $12 bil- gress to pass that sort of bill. the chairs at the table, they would lion, they are just going to give to pri- To even consider the Republican bill have room for Members of Congress vate insurance companies that will is a slap in the face to seniors all that have been elected like everyone agree to offer a prescription drug ben- across America. It should be an embar- else who had been appointed to that efit for seniors. There is a reason Medi- rassment to this great institution. committee to address this issue. That care was created 38 years ago. Insur- Mr. PALLONE. Mr. Speaker, I appre- is wrong and it is shameful, and it is a ance is about spreading the risk. And ciate the gentleman’s comments and disgrace to our democracy. the reality is with seniors there is no particularly those quotes that he has There are several problems with this risk to spread. Seniors spend a lot of from some of the conservative groups bill. There are really a lot of problems money on health care to either stay at the end. Because, as my colleagues with it. Let me just list a few of them healthy or to get well. Privatizing know, when I started out this evening, for my colleagues, if I may. If anyone Medicare will not work. If they get I wanted to make the point that I do has any doubt in their mind whether or away with this, Social Security will be not really care about the ideology. I not this bill was written by the big next. just think this thing is not going to drug manufacturers, believe me, their Finally, the benefit itself. Number work and not deliver any benefit to fingerprints are all over it. one is, as my colleague from Texas (Mr. seniors and they are going to lose their The Republican leadership actually SANDLIN) said so eloquently, the ben- choice of doctors by having to join an had the nerve to put language in this efit does not even start until 2006. Folks, any time there is a plan offered HMO. bill that says the Federal Government It is great to see some of the conserv- shall be prohibited, prohibited, from up that does not kick in until after the ative groups, which I normally do not negotiating with the big drug manufac- next election, you ought to be leery of agree with, are essentially saying the turers to bring down the high cost of it. This plan does not even kick in same thing: it is not going to work. It medicine. That is in the bill. And they until 2006. And when it does, this is is not going to provide a benefit. Sen- call it a seniors’ bill. what everyone get, and when I explain what they get, they are going to have iors are going to be forced out of their The second problem is the privatiza- a clear understanding of why they want traditional Medicare. tion aspect. Let me tell you why the Mr. Speaker, I yield to the gentleman big drug manufacturers want to see to make sure it does not kick in until after the next election: from Arkansas (Mr. ROSS), who prob- this Medicare prescription drug benefit There is a premium of about $35 a ably knows more about the prescrip- privatized. You hear how drugs are month, although they cannot tell you tion drug issue than anybody else be- cheaper, less expensive, less costly in for sure what it will be, but they think cause he is an owner of a pharmacy other countries. It is true. I did a study somewhere around $35 a month. That is with his wife, or his wife is an owner. about a year ago where we compared $420 a year. Then there is a deductible the price paid by seniors in Arkansas’s And he really knows how this works, of $275 a year. Then from $275 worth of 4th Congressional District on the five practically, in the shortcomings. prescription drugs each year that a Mr. ROSS. Mr. Speaker, I thank the most commonly used brand-name drugs senior meets up to $2,200, the senior gentleman from New Jersey (Mr. with the price paid by seniors on those pays 25 percent and Medicare pays 75 PALLONE) for yielding. And I thank my same drugs in seven other countries. percent. That part actually sounds colleague from Texas (Mr. SANDLIN) for And what we found was startling. Sen- pretty decent. So the senior is out his comments and very thoughtful re- iors in my congressional district back $481.25 on that part. But listen to this: marks this evening on behalf of Amer- home in Arkansas pay on average 110 once the senior has spent $2,200 on pre- ica’s seniors. percent more, 110 percent more than scription drugs in a year, and as a I have got to tell my colleagues that seniors pay on average in those other small-town pharmacy owner I can tell it is a frustrating time for me because, countries. Now, why is that? Because you for a lot of seniors that only takes as was mentioned, my wife and I own a America is the only industrialized na- about 3 or 4 or 5 months, once a senior small-town family pharmacy. She is a tion in the world where people go with- spends $2,200, all the way up to $5,044, pharmacist. And I have seen so many out health insurance. the senior is back paying the full cost seniors walk through the doors of our In these other countries everybody of the prescription on their own. Medi- pharmacy who either could not afford has health insurance and in these other care pays nothing. But, guess what? their medicine or could not afford to countries their governments tell the Medicare continues to bill you the $35- take it properly. And living in a small big drug manufacturers if you want a-month premium. town, Prescott, Arkansas, population your drug in our country, you are 3,400, I know a week or two later that going to give us a discount. And they b 2340 senior is 16 miles down the road in do. Well, the drug manufacturers know That is $2,844 out of seniors’ pockets. Hope, Arkansas, in the hospital having that if we have 40 million seniors all Mr. PALLONE. Mr. Speaker, maybe a leg amputated, running up a $20,000, under one plan in America, then we too my colleague was going to say it, but $30,000, $40,000, $50,000 Medicare bill for as a government will demand those we have done some statistical analysis other complications simply because kinds of discounts and rebates to help that shows the majority of the seniors they could not afford their medicine or offset the cost of the program. Thus fall into the donut hole. So some peo- could not afford to take it properly. the reasoning for creating and ple might think, well, I am not going

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.252 H19PT1 H11646 CONGRESSIONAL RECORD — HOUSE November 19, 2003 to fall into that, but most seniors will erage suffered by the Members of Con- for the card, that most States in Amer- be in that situation where they are gress? ica now have regulations to monitor paying a premium and getting nothing Mr. ROSS. Mr. Speaker, Members of and control these so-called discount at some point. Congress pay 25 percent of the cost of prescription drug cards. This bill pre- Mr. ROSS. Absolutely, good point, the medicine, at least under the health empts those State laws. There will be and I appreciate the gentleman from plan that I am on and most of us are no regulation of these discount card New Jersey pointing that out. on. There are several options to choose companies. The bottom line is, and you need a from, and anyone with private health Max Richtman is the head of the Na- CPA to figure this thing out, but when insurance, and again we have got 43.6 tional Committee to Preserve Social you take all the numbers I just pre- million people without health insur- Security and Medicare. I want to say sented and add them up, and the bot- ance in this country. Ten million of they are a bipartisan group. They are tom line, all this talk on the floor of them unfortunately are children, but not. They are nonpartisan, and they the House of Representatives, the vote most people fortunate enough to have are nonprofit. That is the Nation’s sec- that is going to occur is going to boil health insurance pay roughly 20 to 25 ond largest senior advocacy group, and down to this, that in 2006 seniors are percent of the cost of the medicine. So I think he put it pretty well. He said, going to get a prescription drug plan in the first $5,044, Members of Congress Have you ever heard of Medicare fraud? written by the big drug manufacturers pay $1,261, but the Republican national This Republican prescription drug bill, that requires seniors to pay out of leadership wants our mothers and it is Medicare fraud. It is nothing more their own pocket $4,020.25 out of the grandmothers and fathers and grand- than a false hope and a false promise first $5,044. Let me repeat that. Seniors fathers to pay $4,020.25 out of the first for our seniors. under this plan, which does not even $5,044, and that is a benefit that does This is America, and we can do better start until 2006, are going to pay not even kick in until 2006. than this by our seniors, by our great- $4,020.25 out of the first $5,044. I will give them this. Starting in est generation. Contrast that to Members of Con- April of 2004, they are going to give our Mr. PALLONE. Mr. Speaker, I appre- gress, the health insurance plan we seniors a prescription drug discount ciate the gentleman’s comments and have, and quite frankly, the health in- card. You stay up late enough tonight his insight from the pharmacy busi- surance plan that most people who are and watch cable TV. They will be ad- ness, and I think we have about maybe fortunate to have health insurance in vertised on TV. You can buy them, and seven or eight minutes. I would like to America now is very similar. Members any discount that is realized from that yield now to the gentleman from Ohio of Congress pay $1,261 on the first card comes directly from your family (Mr. STRICKLAND), my colleague on the $5,044, with their insurance plan pick- pharmacy and not from the big drug Subcommittee on Health. ing up the difference. So the Repub- manufacturer. Mr. STRICKLAND. Mr. Speaker, I lican leadership thinks that they Again, they are not going to the root thank the gentleman for yielding, and should only pay $1,261 on the first of the cause. Eighty-seven percent of I have been sitting here listening to $5,044, but they want seniors, they the costs of medicine comes from the this discussion, and I feel a quiet anger want our mothers and grandmothers, big drug manufacturer. This discount because I think something is being con- to pay $4,020.25 on the first $5,044. card does not discount any of the templated in this House that is going Mr. PALLONE. Mr. Speaker, reclaim- money paid by the big drug manufac- to be detrimental, perhaps devastating, ing my time, the reason why the Re- turer, and so the savings amounts to 50 to what I would consider the second publicans have carved out this donut cents to $3. They did a study on this. most important piece of legislation hole, which is going to make all these This literally amounts to 50 cents to Congress has ever passed to help sen- seniors, as my colleague says, pay a $3. iors, and I am talking about the Medi- premium and get nothing in return is So you take a senior that is on six care program. because they save a tremendous prescriptions a month and a $500 drug A lot of people in this chamber are amount of money. Here they are wor- bill, let us say it is $3 per prescription. nervous because they are afraid if they ried about saving some money at the That is an $18 savings. How in the do not support this bad bill that our expense of the seniors at the Federal world is that going to help seniors Republican friends will get a lot of Government level, but yet they are choose between the light bill, rent, or money from the pharmaceutical com- going to throw all this money to the groceries? panies, the President will go out and HMOs and to private companies to plus Mr. PALLONE. Mr. Speaker, I know raise a lot of money and they will run up the money that they get, and they the gentleman is familiar with the a lot of TV ads. They are especially do not have to have any kind of cost pharmacy industry. The bill avoids any nervous because of the action of the containment which would bring the cost containment. It actually says the AARP, the recent decision of the costs down to the Federal Government. Secretary of Medicare administrator AARP to endorse this shameful piece of After all, if we had cost containment, cannot negotiate price reductions. legislation, but I have heard from some the Federal Government would not There is nothing in the bill with these of my constituents who are members of have to shell out all this extra money, discount cards that would have any im- the AARP in the last few days, and and we could fill that donut hole. I pact on the drug companies’ ability to they are outraged. They are outraged mean, it is just a way of saving money raise prices. So you might not save at their national leadership, and so I to the Federal Government, but at the anything, right, if they raise the price am not at all intimidated by the fact same time, at the expense of the senior and you get the same discount? You that the AARP has seemingly sold out citizens. may end up paying more. the people they are supposed to be rep- Mr. SANDLIN. Mr. Speaker, if the Mr. ROSS. Number 1, the discount is resenting. gentleman would yield, my good friend not being paid by the drug manufac- I would like to just emphasize the from Arkansas (Mr. ROSS) brings up an turer, which is 87 percent of the cost to fact that the executive director and the excellent point, and our friends on the the manufacturer. The discount is CEO of AARP, Mr. William D. Novelli, other side of the aisle, the Republicans, being paid by your family pharmacy in wrote a foreword to a book written by continually say we need to offer a plan amounts of 50 cents to $3. Newt Gingrich. Remember Newt Ging- to seniors that is just as good as the More importantly, and I do not think rich, when he was Speaker of the House ones that the Members of Congress this has ever been raised on the floor of talking about Medicare and saying have, and if it is good enough for Con- this House, but this bill preempts State that it would wither on the vine? Well, gress, then it is good enough for our laws that regulate discount cards. because of Mr. Gingrich’s personal seniors. I would like to inquire of the About half the States in America, be- problems and some other issues, he is gentleman from Arkansas about that cause these cards are so fly-by-night no longer Speaker, but those who want and ask him, does the plan presented and so fraudulent and have ripped off Medicare to wither on the vine are by the Republicans match the plan in so many seniors, because they find out alive and well, and many of them are Congress, and do we in Congress have a the benefit they are getting from it is leaders in this House of Representa- donut hole? Is there any gap in cov- less than what they charge per month tives.

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.254 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11647 I would just like to share with my I just hope that all of my colleagues, you have to have a portable tank, and colleagues what Mr. Novelli, this CEO Republican and Democrat alike, will your supplier may be someone that of AARP, said in the foreword to Newt reject this sham legislation, protect lives 5 or 6 hours away, that is a seri- Gingrich’s book. Medicare, and do what is right for our ous issue. b 2350 seniors. I hope we will have the cour- This bill has a lot more problems age to stand strong in the face of what than simply the lack of a prescription He wrote: ‘‘Newt’s ideas are influ- is going to be, and we all know it, it is drug benefit. But I will close, Mr. encing how we at AARP are thinking going to be an onslaught of TV adver- Speaker, by simply saying this: If sen- about our national role in health pro- tising paid for by the pharmaceutical iors cannot afford the first $2,200 worth motion and disease prevention and in companies. And that is a shame. of medicine, tell me how they are going our advocating for system change.’’ I Mr. PALLONE. I want to thank the to afford the next $2,844? Because that wonder how many AARP members gentleman from Ohio and the rest of is the gap. From $2,200 to $5,044 they across this country agree with Newt my colleagues. I think we may only are stuck paying the monthly premium Gingrich, and how many of them feel have another minute or so left, but I of around $35, but they get no help at good about their CEO and executive di- started out by saying early this all. They are footing the bill entirely rector actually saying that Newt Ging- evening that I just want to provide a on their own. And that is wrong. rich’s ideas are going to be influencing prescription drug benefit, as we all do f how AARP will be advocating for sys- on the Democratic side, for our seniors. tem change. We do not care about the ideology. We SPECIAL ORDERS GRANTED The system change they are talking do not care about the different labels, By unanimous consent, permission to about is the destruction of Medicare as conservative, liberal, progressive, address the House, following the legis- we know it. The American people need whatever. lative program and any special orders to understand that under this plan that But the problem is, the Republicans heretofore entered, was granted to: is being promoted by the President and are providing a sham bill. They are The following Members (at the re- by the leadership in this House, they doing all kinds of twists and turns and quest of Mr. CUMMINGS) to revise and cannot maintain their relationship in whatever rather than just providing a extend their remarks and include ex- traditional Medicare and have prescrip- straight drug benefit, and yet it is so traneous material: tion drug coverage. They will be forced easy, as my colleague said, to do just Mr. BROWN of Ohio, for 5 minutes, out of traditional Medicare and forced that. We just need to add it to tradi- today. into a Medicare HMO, or if one is avail- tional Medicare, just like we do with Ms. NORTON, for 5 minutes, today. able, they will have to go outside tradi- part B now. Mr. EMANUEL, for 5 minutes, today. tional Medicare and purchase a drug- I go around and explain that to sen- Mr. KUCINICH, for 5 minutes, today. only plan. We are not talking about a iors, and that is what they think they Ms. LEE, for 5 minutes, today. Medicare prescription drug plan, we are are getting. They think this is going to Ms. WOOLSEY, for 5 minutes, today. talking about an HMO privatized pre- be a new part C or part D. And just like Ms. CARSON of Indiana, for 5 minutes, scription drug plan. they receive their pay, the Federal today. Mr. PALLONE. Reclaiming my time Government pays for their doctor bills, Mr. CUMMINGS, for 5 minutes, today. for a moment, Mr. Speaker, I know that it will be the same way. They Ms. SOLIS, for 5 minutes, today. what the Republicans say. They say, have no idea that they have to go Mr. MCDERMOTT, for 5 minutes, oh, you can stay in traditional Medi- through all these twists and turns and today. care, but you do not get the drug ben- have to join an HMO or find some drug- Mr. HINCHEY, for 5 minutes, today. efit. And the only way you get it is if only policy and end up paying a vari- Mr. INSLEE, for 5 minutes, today. these plans the gentleman is talking able premium. It is going to be so Mr. DAVIS of Illinois, for 5 minutes, about are not available in their par- shocking to them when they finally today. ticular area. figure it out. Ms. KAPTUR, for 5 minutes, today. But, as I said before, it is very easy But as the gentleman said, the Re- Ms. WATSON, for 5 minutes, today. with all this money that they are publicans have figured this out. They Ms. WATERS, for 5 minutes, today. throwing to these private plans to get have figured, let us pass it, get through Ms. JACKSON-LEE of Texas, for 5 min- one in an area that would provide the the 2004 election, and then 2 years utes, today. semblance of coverage at a very high later, when they finally figure it out, Ms. MEEK of Florida, for 5 minutes, cost, and then you are totally pre- well, we will deal with that later. today. cluded from getting the drug benefit Mr. Speaker, I see my colleague from The following Members (at the re- under traditional Medicare. Arkansas is here, and so I will yield to quest of Mr. GINGREY) to revise and ex- Mr. STRICKLAND. We have talked him. tend their remarks and include extra- this evening about the fact that this Mr. ROSS. We have primarily tonight neous material: plan does not start until 2006, and they talked about the Medicare prescription Mrs. JO ANN DAVIS of Virginia, for 5 say, well, it takes time, I guess, for the drug benefit, or the lack of it, under minutes, today. insurance companies to set this up. It the Republican prescription drug plan, Mr. SHUSTER, for 5 minutes, today. would take very little time if we were but this 1,100-page bill, which they Mr. WELDON of Pennsylvania, for 5 simply to provide a prescription drug have not even allowed us to see yet, minutes, today. plan as a part of the traditional Medi- has other provisions in it that I think Mr. JONES of North Carolina, for 5 care program. We could get this pro- are worth noting, two primarily. minutes, November 20. gram underway, I would guess, in a One is that it increases part B f matter of a few months, at most. deductibles for seniors in 2005, and then ENROLLED BILLS SIGNED And yet they are going to pass this, they will be indexed to grow based on or try to pass it. If they pass it, they part B expenditures for each year Mr. Trandahl, Clerk of the House, re- are going to go tell America’s seniors, thereafter. They are going to increase ported and found truly enrolled bills of we did it for you. Of course, it will not part B deductibles. That is nothing the House of the following titles, which take effect until 2006, and by the time more than a tax on sick seniors. were thereupon signed by the Speaker: seniors find out what they have been Secondly, a lot of seniors rely on ox- H.R. 23. An act to amend the Housing and given, they will realize they have been ygen to stay alive in their home and Community Development Act of 1974 to au- snookered. They will have been hospitals beds, and they are getting thorize communities to use community de- snookered, but the 2004 election will those things now through a local sup- velopment block grant funds for construc- have passed, and we will have been able plier. They have the freedom to choose. tion of tornado-safe shelters in manufactured home parks. to boast to the American people that This is going to be put out for competi- H.R. 1588. An act to authorize appropria- we provided them something. But what tive bidding. Competitive bidding. That tions for fiscal year 2004 for military activi- they will have provided the American means that if your oxygen machine ties of the Department of Defense, for mili- people is a bitter pill. breaks or you have an ice storm, and tary construction, and for defense activities

VerDate jul 14 2003 05:34 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\K19NO7.255 H19PT1 H11648 CONGRESSIONAL RECORD — HOUSE November 19, 2003 of the Department of Energy, to prescribe 5469. A letter from the Chairman and Sec- 5479. A letter from the Senior Legal Advi- personnel strengths for such fiscal year for retary, Board of Governors of the Federal sor to the Bureau Chief, Mass Media Bureau, the Armed Forces, and for other purposes. Reserve System and Department of the Federal Communications Commission, trans- H.R. 2744. An act to designate the facility Treasury, transmitting Pursuant to section mitting the Commission’s final rule — of the United States Postal Service located 103(d) of the Gramm-Leach-Bliley Act, a re- Amendment of Section 73.202(b), Table of Al- at 514 17th Street in Moline, Illinois, as the port concerning financial holding companies; lotments, FM Broadcast Stations. (Taccoa, ‘‘David Bybee Post Office Building’’. to the Committee on Financial Services. Sugar Hill, and Lawrenceville Georgia] re- H.R. 2754. An act making appropriations 5470. A letter from the Assistant Secretary ceived October 28, 2003, pursuant to 5 U.S.C. for energy and water development for the fis- for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Energy and cal year ending September 30 2004, and for transmitting a copy of the determination Commerce. other purposes. and memorandum of justification pursuant 5480. A letter from the Senior Legal Advi- H.R. 3175. An act to designate the facility to Section 2(b)(6) of the Export-Import Bank sor to the Bureau Chief, Media Bureau, Fed- of the United States Postal Service located Act of 1945, as amended; to the Committee on eral Communications Commission, transmit- at 2650 Cleveland Avenue, NW in Canton, Financial Services. ting the Commission’s final rule — Amend- Ohio, as the ‘‘Richard D. Watkins Post Office 5471. A letter from the Senior Staff Attor- ment of Section 73.606(b), Table of Allot- Building’’. ney, United States Court of Appeals for the ments, Television Broadcast Stations; and H.R. 3379. An act to designate the facility First Circuit, transmitting an opinion of the 73.622(b), Table of Allotments, Digital Broad- of the United States Postal Service located United States Court of Appeals for the Dis- cast Television Stations (Asheville, North at 3210 East 10th Street in Bloomington, In- trict of Columbia Circuit (No. 03-1407 — Carolina and Greenville, South Carolina) diana, as the ‘‘Francis X. McCloskey Post Of- Maroni v. Pemi-Baker Regional School Dis- [MB Docket No. 02-363 RM-10604] received Oc- fice Building’’. trict (October 9, 2003)); to the Committee on tober 28, 2003, pursuant to 5 U.S.C. Education and the Workforce. 801(a)(1)(A); to the Committee on Energy and f 5472. A letter from the Secretary, Depart- Commerce. SENATE ENROLLED BILL SIGNED ment of the Treasury, transmitting an an- 5481. A letter from the Senior Legal Advi- nual report to the President and to the Con- sor to the Bureau Chief, Media Bureau, Fed- The SPEAKER announced his signa- gress on the audit of the Telecommuni- eral Communications Commission, transmit- ture to enrolled bills and joint resolu- cations Development Fund, pursuant to 47 ting the Commission’s final rule — Amend- tions of the Senate of the following ti- U.S.C. 614; to the Committee on Energy and ment of Section 73.202(b), Table of Allot- tles: Commerce. ments, FM Broadcast Stations. (Okmulgee 5473. A letter from the Assistant Secretary and Glenpool, Oklahoma) [MM Docket No. S. 254. An act to revise the boundary of the for Legislative Affairs, Department of State, Kaloko-Honokohau National Historical Park 02-15 RM-10364] received October 28, 2003, pur- transmitting the Department’s report enti- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Addition Act of 2003. tled, ‘‘Preliminary Fleet Alternative Fuel S. 867. An act to designate the facility of mittee on Energy and Commerce. Vehicles Program Report for Fiscal Year 5482. A letter from the Senior Legal Advi- the United States Postal Service located at 2003’’ October 20, 2003, pursuant to Public sor to the Bureau Chief, Media Bureau, Fed- 710 Wicks Land in Billings, Montana, as the Law 105—388; to the Committee on Energy eral Communications Commission, transmit- ‘‘Ronald Reagan Post Office Building.’’ and Commerce. ting the Commission’s final rule — Amend- S. 1066. An act to correct a technical error 5474. A letter from the Senior Legal Advi- ment of Section 73.202(b), FM Table of Allot- from Unit T–07 of the ‘‘John H. Chafee Coast- sor to the Bureau Chief, Media Bureau, Fed- ments, FM Broadcast Stations. (Depoe Bay, al Barrier Resources System.’’ eral Commuications Commission, transmit- Garibaldi, Cottage Grove, Veneta and To- S. 1590. An act to redesignate the facility ting the Commission’s final rule — Amend- ledo, Oregon) [MB Docket No. 02-255 RM- of the United States Postal Service located ment of Section 73.202(b), FM Table of Allot- 10524] received October 28, 2003, pursuant to 5 at 315 Empire Boulevard in Crown Heights, ments, FM Broadcast Stations. (Magnolia, U.S.C. 801(a)(1)(A); to the Committee on En- Brooklyn, New York, as the ‘‘James E. Davis Arkansas and Oil City, Louisiana) [MB Dock- ergy and Commerce. et No. 02-199 RM-10514] received October 28, Post Office Building.’’ 5483. A letter from the Senior Legal Advi- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the S. 1718. An act to designate the facility of sor to the Bureau Chief, Media Bureau, Fed- Committee on Energy and Commerce. the United States Postal Service located at eral Communications Commission, transmit- 3710 West 73rd Terrace in Prairie Village, 5475. A letter from the Senior Legal Advi- sor to the Bureau Chief, Media Bureau, Fed- ting the Commission’s final rule — Amend- Kansas, as the ‘‘Senator James B. Pearson ment of Section 73.202(b), Table of Allot- Post Office.’’ eral Communication Commission, transmitting the Commission’s final rule — Amend- ments, FM Broadcast Stations. (Auburn, S.J. Res. 18. A joint resolution com- Northport, Tuscaloosa, Camp Hill, mending the Inspectors General for their ef- ment of Section 73.202(b), Table of Allot- ments, FM Broadcast Stations. (DeRidder, Gardendale, Homewood, Birmingham, forts to prevent and detect waste, fraud, Dadeville, Orrville, Goodwater, Pine Level, abuse, and mismanagement, and to promote De Quincy, and Merryville, Louisiana and Newton, Texas) [MM Docket No. 02-56 RM- Jemison, and Thomaston, Alabama) [MM economy, efficiency, and effectiveness in the Docket No. 01-104 RM-10103 RM-10323 RM- Federal Government during the past 25 10391 RM-10581] received October 28, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10324] received October 28, 2003, pursuant to 5 years. U.S.C. 801(a)(1)(A); to the Committee on En- S.J. Res. 22. A joint resolution recognizing mittee on Energy and Commerce. 5476. A letter from the Senior Legal Advi- ergy and Commerce. the Agricultural Research Service of the De- 5484. A letter from the Senior Legal Advi- partment of Agriculture for 50 years of out- sor to the Bureau Chief, Media Bureau, Fed- eral Communication Commission, transmit- sor to the Bureau Chief, Media Bureau, Fed- standing service to the Nation through agri- eral Communications Commission, transmit- cultural research. ting the Commission’s final rule — Amend- ment of Section 73.202(b), Table of Allot- ting the Commission’s final rule — Amend- f ments, FM Broadcast Stations. (Washington, ment of Section 73.202(b), Table of Allot- ments, FM Broadcast Stations. (Wapanucka, ADJOURNMENT Watkinsville, Gray, Forsyth, Irwinton, and Atlanta, Georgia) [MM Docket No. 01-281 Oklahoma) [MM Dkt No.01-181 RM-10201]; Mr. ROSS. Mr. Speaker, I move that RM-10287] received October 28, 2003, pursuant (Evant, Texas) [MM Dkt No.01-188 RM-10203]; the House do now adjourn. to 5 U.S.C. 801(a)(1)(A); to the Committee on (Comanche, Texas) [MM Dkt No.01-190 RM- The motion was agreed to; accord- Energy and Commerce. 10210]; (Hollis, Oklahoma) [MM Dkt No.01-217 ingly (at 11 o’clock and 57 minutes 5477. A letter from the Senior Legal Advi- RM-10236]; (Santa Anna, Texas) [MM Dkt No.01-220 RM-10239]; (Mooreland, Oklahoma) p.m.), the House adjourned until to- sor to the Bureau Chief, Media Bureau, Fed- eral Communications Commission, transmit- [MM Dkt No.01-226 RM-10254]; (Junction, morrow, Thursday, November 20, 2003, ting the Commission’s final rule — Amend- Texas) [MM Dkt No.01-228 RM-10256]; (Alton, at 10 a.m. ment of Section 73.622(b), Table of Allot- Missouri) [MM Dkt No.01-233 RM-10261]; f ments, Digital Television Broadcast Sta- (Taos, New Mexico) [MM Dkt No.01-282 RM- tions. (Conway, South Carolina) [MB Docket 10293]; (McCamey, Texas) [MM D kt No.01-283 EXECUTIVE COMMUNICATIONS, No. 03-110 RM-10700] received October 28, 2003, RM-10294]; (Dickens, Texas) [MM Dkt No.01- ETC. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 284 RM-10295]; (Hamlin, Texas) to the Com- Under clause 8 of rule XII, executive mittee on Energy and Commerce. mittee on Energy and Commerce. 5478. A letter from the Senior Legal Advi- 5485. A letter from the Senior Legal Advi- communications were taken from the sor to the Bureau Chief, Media Bureau, Fed- sor to the Bureau Chief, Mass Media Bureau, Speaker’s table and referred as follows: eral Communications Commission, transmit- Federal Communications Commission, trans- 5468. A letter from the Principal Deputy, ting the Commission’s final rule — Amend- mitting the Commission’s final rule — Department of Defense, transmitting the De- ment of Section 73.202(b) Table of Allot- Amendment of Section 73.202(b), Table of Al- partment’s report entitled ‘‘Effects of FY ments, FM Broadcast Stations. (Broken Bow, lotments, FM Broadcast Stations. (Macon, 2000 Compensation Initiatives on Recruiting Oklahoma) [MM Docket No. 01-209 RM-10224] Mississippi) [MM Docket No. 01-38 RM-10064] and Retention,’’ pursuant to 37 U.S.C. 1015, received October 28, 2003, pursuant to 5 received October 28, 2003, pursuant to 5 Public Law 106—65, section 673; to the Com- U.S.C. 801(a)(1)(A); to the Committee on En- U.S.C. 801(a)(1)(A); to the Committee on En- mittee on Armed Services. ergy and Commerce. ergy and Commerce.

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.110 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11649 5486. A letter from the Senior Legal Advi- Communications Commission, transmitting 5504. A letter from the Chairman and Chief sor to the Bureau Chief, Media Bureau, Fed- the Commission’s final rule — Amendment of Executive Officer, Farm Credit Administra- eral Communications Commission, transmit- Section 73.202(b), Table of Allotments, FM tion, transmitting the semiannual report on ting the Commission’s final rule — Amend- Broadcast Stations. (Cadiz and Oak Grove, the activities of the Office of Inspector Gen- ment of Section 73.622(b), Table of Allot- Kentucky) [MM Docket No. 93-314 RM-8396] eral for the period April 1, 2003 through Sep- ments, Digital Television Broadcast Sta- received October 28, 2003, pursuant to 5 tember 30, 2003, pursuant to 5 U.S.C. app. tions. (Sault Saint Marie, Michigan) [MB U.S.C. 801(a)(1)(A); to the Committee on En- (Insp. Gen. Act) section 8G(h)(2); to the Com- Docket No. 02-83 RM-10404] received October ergy and Commerce. mittee on Government Reform. 28, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 5495. A letter from the Senior Legal Advi- 5505. A letter from the Director, Office of the Committee on Energy and Commerce. sor, Media Bureau, Federal Communications Management and Budget, transmitting a re- 5487. A letter from the Senior Legal Advi- Commission, transmitting the Commission’s port entitled ‘‘Statistical Programs of the sor to the Bureau Chief, Mass Media Bureau, final rule — Amendment of Section 73.202(b), United States Government: Fiscal Year Federal Communications Commission, trans- Table of Allotments, FM Broadcast Stations. 2004,’’ pursuant to 44 U.S.C. 3504(e)(2); to the mitting the Commission’s final rule — (Savannah, Springfield and Tybee Island, Committee on Government Reform. Amendment of Section 73.202(b), Table of Al- Georgia) [MB Docket No. 03-119 RM-10694] re- 5506. A letter from the Register of Copy- lotments, FM Broadcast Stations. (Old Fort, ceived October 28, 2003, pursuant to 5 U.S.C. rights and Under Secretary of Commerce for Fletcher, and Asheville, North Carolina; 801(a)(1)(A); to the Committee on Energy and Intellectual Property, Copyright Office and Surgoinville, Tennessee, and Augusta, GA) Commerce. the Patent and Trademark Office, transmit- [MM Docket No. 01-175 RM-10197] received 5496. A letter from the Chief of Staff, Con- ting a copy of the joint report on the effec- October 28, 2003, pursuant to 5 U.S.C. sumer & Governmental Affairs Bureau, Fed- tiveness of the Vessel Hull Design Protection 801(a)(1)(A); to the Committee on Energy and eral Communications Commission, transmit- Act, as mandated by section 504 of the Dig- ting the Commission’s final rule — Provision Commerce. ital Millennium Copyright Act and section 5488. A letter from the Senior Legal Advi- of Improved Telecommunications Relay 5005 of the Intellectual Property and Com- sor to the Bureau Chief, Media Bureau, Fed- Services and Speech-to-Speech Services for munications Omnibus Reform Act; to the eral Communications Commission, transmit- Individuals with Hearing and Speech Disabil- Committee on the Judiciary. ting the Commission’s final rule — Amend- ities [CC Docket No. 98-67] received October 5507. A letter from the Chair, United States ment of the Television Table of Allotments 28, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Sentencing Commission, transmitting an to Delete Noncommercial Reservation to the Committee on Energy and Commerce. emergency ammendment passed by unani- Channel 16, 482-488 MHz, Pittsburgh, Penn- 5497. A letter from the Senior Legal Advi- mous vote on October 8, 2003, and the accom- sylvania [MM Docket No. 01-276 Facility ID sor to the Bureau Chief, Media Bureau, Fed- panying report in response to section 401(m) Number 41314] received October 28, 2003, pur- eral Communications COmmission, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Commission’s final rule — of the Prosecutorial Remedies and Other mittee on Energy and Commerce. Amendment of Section 73.202(b), Table of Al- Tools to end the Exploitation of Children 5489. A letter from the Senior Legal Advi- lotments, FM Broadcast Stations. (Marion Today Act of 2003, Pub. L. No. 108-21 (the sor to the Chief, Media Bureau, Federal Com- and Johnston City, Illinois) [MB Docket No. ‘‘PROTECT Act’’); to the Committee on the munications Commission, transmitting the 03-13 RM-10628] received October 28, 2003, pur- Judiciary. Commission’s final rule — Amendment of suant to 5 U.S.C. 801(a)(1)(A); to the 5508. A letter from the Deputy Director, Section 73.202(b) Table of Allotments, FM Committeeon Energy and Commerce. Bureau of Transportation Statistics, trans- Broadcast Stations. (Kernville, California) 5498. A letter from the Director, Inter- mitting the Transportation Statistics An- [MB Docket No. 03-111 RM-10701] received Oc- national Cooperation, Department of De- nual Report 2003, pursuant to 49 U.S.C. 111(j); tober 28, 2003, pursuant to 5 U.S.C. fense, transmitting a copy of Transmittal 20- to the Committee on Transportation and In- 801(a)(1)(A); to the Committee on Energy and 03 informing of an intent to sign the Second frastructure. Commerce. Amendment to the Addendum to the Multi- 5509. A letter from the Assistant Secretary 5490. A letter from the Senior Legal Advi- lateral Memorandum of Understanding for Border and Transportation Security, De- sor to the Chief, Media Bureau, Federal Com- (MMOU) on NATO Airborne Early Warning partment of Homeland Security, transmit- munications Commission, transmitting the and Control (AEW&C), pursuant to Section ting the Department’s Annual Report of the Commission’s final rule — Amendment of 27(f) of the Arms Export Control Act and Task Force on the Prohibition of Importa- Section 73.202(b), Table of Allotments, FM Section 1(f) of Executive Order 11958, pursu- tion of Products of Forced or Prison Labor Broadcast Stations. (Othello and Basin City, ant to 22 U.S.C. 2767(f); to the Committee on from the People’s Republic of China, pursu- Washington) [MB Docket No. 03-25 RM-10637] International Relations. ant to 22 U.S.C. 6961; to the Committee on received October 28, 2003, pursuant to 5 5499. A letter from the Assistant Secretary Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on En- for Legislative Affairs, Department of State, 5510. A letter from the Comptroller, De- ergy and Commerce. transmitting certification of a proposed li- partment of Defense, transmitting notifica- 5491. A letter from the Senior Legal Advi- cense for the export of major defense equip- tion of funding transfers made during FY sor to the Chief, Media Bureau, Federal Com- ment and defense articles to the United 2003, as required by section 8005 of the De- munications Commission, transmitting the Kingdom (Transmittal No. DTC 108-03), pur- partment of Defense Appropriations Acts, Commission’s final rule — Amendment of suant to 22 U.S.C. 2776(c); to the Committee 2001, 2002, and 2003; and section 1001 of the Section 73.202(b), Table of Allotments, FM on International Relations. National Defense Authorization Acts for fis- Broadcast Stations. (Roundup, Montana) 5500. A letter from the Assistant Secretary cal years (FY) 2001, 2002, and 2003; and notifi- [MB Docket No. 02-127 RM-10449] received Oc- for Legislative Affairs, Department of State, cation of funding transfers made during FY tober 28, 2003, pursuant to 5 U.S.C. transmitting certification of a proposed li- 2003 under the authority of the Consolidated 801(a)(1)(A); to the Committee on Energy and cense for the export of major defense equip- Appropriations Resolution, 2003, the Emer- Commerce. ment and defense articles to the Czech Re- gency Supplemental Appropriations Act, 5492. A letter from the Senior Legal Advi- public (Transmittal No. DDTC 114-03), pursu- 2003, and the Homeland Security Act, 2003; sor to the Chief, Media Bureau, Federal Com- ant to 22 U.S.C. 2776(c); to the Committee on jointly to the Committees on Armed Serv- munications Commission, transmitting the International Relations. ices and Appropriations. 5501. A letter from the Assistant Secretary Commission’s final rule — Amendment of 5511. A letter from the Attorney General for Legislative Affairs, Department of State, Section 73.202(b), Table of Allotments, FM and Secretary, Departments of Justice and transmitting notification of export of Items Broadcast Stations. (Orange, Midlothian, Health and Human Services, transmitting to Iraq in the National Interest of the United and South Hill, Virginia, and Reidsville, the sixth Annual Report on the Health Care States pursuant to section 1504 of the Emer- North Carolina) [MB Docket No. 03-47 RM- Fraud and Abuse Control (HCFAC) Program gency Wartime Supplemental Appropriation 10592] received October 28, 2003, pursuant to 5 for Fiscal Year 2002, pursuant to 42 U.S.C. Act, 2003 (Transmittal No. DTC 03IZ-03); to U.S.C. 801(a)(1)(A); to the Committee on En- 1395i; jointly to the Committees on Energy ergy and Commerce. the Committee on International Relations. and Commerce and Ways and Means. 5493. A letter from the Senior Legal Advi- 5502. A letter from the Assistant Secretary sor to the Chief, Mass Media Bureau, Federal for Legislative Affairs, Department of State, f Communications Commission, transmitting transmitting a report concerning Cuban emi- the Commission’s final rule — Amendment of gration policies, pursuant to Public Law REPORTS OF COMMITTEES ON Section 73.202(b), Table of Allotments, FM 105—277, section 2245; to the Committee on PUBLIC BILLS AND RESOLUTIONS Broadcast stations. (Farmington, Grass Val- International Relations. Under clause 2 of rule XIII, reports of ley, Jackson, Lindon, Placerville and Fair 5503. A letter from the Inspector General, committees were delivered to the Clerk Department of the Interior, transmitting the Oaks, California, and Carson City and Sun for printing and reference to the proper Valley, Nevada) [MM Docket No. 90-189 RM- Department’s inventory of commercial and 6904 RM-7114 RM-7186 RM-7415 RM-7298] re- inherently governmental activities prepared calendar, as follows: ceived October 28, 2003, pursuant to 5 U.S.C. in accordance with the Federal Activities Mr. TOM DAVIS of Virginia: Committee on 801(a)(1)(A); to the Committee on Energy and Reform (FAIR) Act of 1998 (P.L. 105-270) and Government Reform. H.R. 2751. A bill to pro- Commerce. the Office of Management and Budget (OMB) vide new human capital flexibilities with re- 5494. A letter from the Senior Legal Advi- Circular No. A-76; to the Committee on Gov- spect to the GAO, and for other purposes; sor to the Chief, Mass Media Bureau, Federal ernment Reform. with an amendment (Rept. 108–380). Referred

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\L19NO7.000 H19PT1 H11650 CONGRESSIONAL RECORD — HOUSE November 19, 2003

to the Committee of the Whole House on the cure our borders against terrorists, drug Mr. HINOJOSA, Mr. DELAHUNT, Mr. State of the Union. traffickers, and other illegal aliens, to facili- CROWLEY, Mr. BACA, Mr. KILDEE, Mr. Mr. GOSS: Committee of Conference. Con- tate the removal of illegal aliens and aliens RODRIGUEZ, Mr. GREEN of Texas, Mr. ference report on H.R. 2417. A bill to author- who are criminals or human rights abusers, HOLT, Mr. SANDERS, Mr. BERMAN, and ize appropriations for fiscal year 2004 for in- to reduce visa, document, and employment Mr. LANTOS): telligence and intelligence-related activities fraud, to temporarily suspend processing of H.R. 3530. A bill to provide for labor re- of the United States Government, the Com- certain visas and immigration benefits, to cruiter accountability, and for other pur- munity Management Account, and the Cen- reform the legal immigration system, and poses; to the Committee on Education and tral Intelligence Agency Retirement and Dis- for other purposes; to the Committee on the the Workforce. ability System, and for other purposes (Rept. Judiciary. By Mr. MURPHY (for himself, Mr. 108–381). Ordered to be printed. By Mr. BELL (for himself, Mr. COLE, MURTHA, and Mr. ENGLISH): Mr. SESSIONS: Committee on Rules. Mr. CANNON, and Mr. JEFFERSON): H.R. 3531. A bill to amend the Internal Rev- House Resolution 449. Resolution providing H.R. 3523. A bill to extend the same Fed- enue Code of 1986 to provide for a transfer- for consideration of motions to suspend the eral benefits to law enforcement officers able credit against the income tax for pro- rules (Rept. 108–382). Referred to the House serving private institutions of higher edu- ducing energy from waste coal; to the Com- Calendar. cation and rail carriers, that apply to law mittee on Ways and Means. Mr. LINDER: Committee on Rules. House enforcement officers serving units of State By Mr. RYUN of Kansas: Resolution 450. Resolution providing for the and local government; to the Committee on H.R. 3532. A bill to amend the National consideration of the joint resolution (H.J. the Judiciary. Trails System Act to improve the efficiency Res. 78) making further continuing appro- By Ms. GINNY BROWN-WAITE of Flor- and fairness of acquiring railroad rights-of- priations for the fiscal year 2004, , and for ida: way for interim use as public trails by apply- other purposes (Rept. 108–383). Referred to H.R. 3524. A bill to amend the Missing Chil- ing the procedures that govern other Federal the House Calendar. dren’s Assistance Act to extend the applica- real estate acquisitions; to the Committee Mr. GOSS: Committee on Rules. House bility of such Act to individuals determined on Resources. Resolution 451. Resolution waiving points of to have a mental capacity less than 18 years By Mr. SAXTON: H.R. 3533. A bill to amend the Federal order against the conference report to ac- of age; to the Committee on Education and Credit Reform Act of 1990 to require appro- company the bill (H.R. 2417) to authorize ap- the Workforce. priations to cover the estimated subsidy propriations for fiscal year 2004 for intel- By Mr. DOOLITTLE (for himself, Mr. costs of monetary resources provided by the ligence and intelligence-related activities of HASTERT, Mr. DELAY, Mr. SAM JOHN- United States Government to the Inter- the United States Government, the Commu- SON of Texas, Mr. HERGER, Mr. LEWIS national Monetary Fund, and for other pur- nity Management Account, and the Central of California, and Mr. MCKEON): poses; to the Committee on the Budget, and Intelligence Agency Retirement and Dis- H.R. 3525. A bill to amend the Federal Elec- in addition to the Committee on Financial ability System, and for other purposes (Rept. tion Campaign Act of 1971 to reform the fi- Services, for a period to be subsequently de- 108–384). Referred to the House Calendar. nancing of campaigns for election for Fed- eral office; to the Committee on House Ad- termined by the Speaker, in each case for f ministration, and in addition to the Com- consideration of such provisions as fall with- mittee on Ways and Means, for a period to be in the jurisdiction of the committee con- PUBLIC BILLS AND RESOLUTIONS subsequently determined by the Speaker, in cerned. Under clause 2 of rule XII, public each case for consideration of such provi- By Mr. TANCREDO (for himself, Mr. bills and resolutions were introduced sions as fall within the jurisdiction of the DEAL of Georgia, Mr. DUNCAN, Mr. and severally referred, as follows: committee concerned. HEFLEY, and Mr. HERGER): By Mr. DUNCAN: H.R. 3534. A bill to enhance border enforce- By Mr. TIERNEY (for himself, Ms. H.R. 3526. A bill to require the Secretary of ment, improve homeland security, remove MCCOLLUM, Mr. GEORGE MILLER of the Treasury to mint coins in commemora- incentives for illegal immigration, and es- California, Mr. KILDEE, Mr. OWENS, tion of David Crockett and his contributions tablish a guest worker program; to the Com- Mr. PAYNE, Mr. ANDREWS, Ms. WOOL- to American history; to the Committee on mittee on the Judiciary, and in addition to SEY, Mr. HINOJOSA, Mrs. MCCARTHY of Financial Services. the Committees on Ways and Means, Govern- New York, Mr. KUCINICH, Mr. WU, Mr. By Mrs. JOHNSON of Connecticut (for ment Reform, Education and the Workforce, HOLT, Mr. DAVIS of Illinois, Mr. CASE, herself, Mr. BECERRA, Mr. HOUGHTON, and International Relations, for a period to Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. Mr. WELLER, Mr. CARDIN, and Mr. be subsequently determined by the Speaker, RYAN of Ohio, Mr. BISHOP of New NEAL of Massachusetts): in each case for consideration of such provi- York, Mr. EMANUEL, and Ms. PELOSI): H.R. 3527. A bill to amend the Internal Rev- sions as fall within the jurisdiction of the H.R. 3519. A bill to address rising college enue Code of 1986 to exclude from unrelated committee concerned. tuition by strengthening the compact be- business taxable income the gain or loss on By Mr. TOOMEY: tween the States, the Federal government, the sale or exchange of certain brownfield H.R. 3535. A bill to amend title XVIII of the and institutions of higher education to make sites, and for other purposes; to the Com- Social Security Act to facilitate the use of college more affordable; to the Committee mittee on Ways and Means. private contracts under the Medicare Pro- on Education and the Workforce. By Mrs. LOWEY: gram; to the Committee on Ways and Means, By Mrs. KELLY: H.R. 3528. A bill to amend the Federal and in addition to the Committee on Energy H.R. 3520. A bill to reduce duplication in Water Pollution Control Act to authorize the and Commerce, for a period to be subse- Federal financial literacy and financial pro- use of funds made available for nonpoint quently determined by the Speaker, in each grams, identify more effective ways to pro- source management programs for projects case for consideration of such provisions as vide financial education, and facilitate and activities relating to the development fall within the jurisdiction of the committee greater cooperation at the Federal, State and implementation of phase II of the storm concerned. and local levels and between government water program of the Environmental Protec- By Mr. WELLER (for himself, Mr. units and entities in the private sector by re- tion Agency; to the Committee on Transpor- RUSH, Mr. JACKSON of Illinois, Mr. LI- quiring the establishment of a national tation and Infrastructure. PINSKI, Mr. GUTIERREZ, Mr. EMANUEL, strategy for assuring financial education, By Mr. MCKEON: Mr. HYDE, Mr. DAVIS of Illinois, Mr. and for other purposes; to the Committee on H.R. 3529. A bill to direct the Secretary of CRANE, Ms. SCHAKOWSKY, Mr. KIRK, Financial Services. the Interior to cancel certain Bureau of Land Mr. COSTELLO, Mrs. BIGGERT, Mr. By Mr. THOMAS: Management leases that authorize extrac- HASTERT, Mr. JOHNSON of Illinois, Mr. H.R. 3521. A bill to amend the Internal Rev- tion of sand and gravel from the Federal MANZULLO, Mr. EVANS, Mr. LAHOOD, enue Code of 1986 to extend certain expiring mineral estate in lands in Soledad Canyon and Mr. SHIMKUS): provisions, and for other purposes; to the adjacent to the City of Santa Clarita, Cali- H.R. 3536. A bill to designate the facility of Committee on Ways and Means, and in addi- fornia, and for other purposes; to the Com- the United States Postal Service located at tion to the Committees on Energy and Com- mittee on Resources. 210 Main Street in Malden, Illinois, as the merce, and Education and the Workforce, for By Mr. GEORGE MILLER of California ‘‘Army Staff Sgt. Lincoln Hollinsaid Malden a period to be subsequently determined by (for himself, Mr. ABERCROMBIE, Mr. Post Office’’; to the Committee on Govern- the Speaker, in each case for consideration EVANS, Mr. GRIJALVA, Mr. ANDREWS, ment Reform. of such provisions as fall within the jurisdic- Mr. OWENS, Mr. BROWN of Ohio, Ms. By Mr. WELLER (for himself, Mr. tion of the committee concerned. MCCOLLUM, Mr. FRANK of Massachu- RUSH, Mr. JACKSON of Illinois, Mr. LI- By Mr. BARRETT of South Carolina setts, Mr. PAYNE, Ms. DELAURO, Mr. PINSKI, Mr. GUTIERREZ, Mr. EMANUEL, (for himself, Mr. MILLER of Florida, MCGOVERN, Mr. DAVIS of Illinois, Ms. Mr. HYDE, Mr. DAVIS of Illinois, Mr. and Mr. GOODE): LINDA T. SANCHEZ of California, Mr. CRANE, Ms. SCHAKOWSKY, Mr. KIRK, H.R. 3522. A bill to amend the Immigration LYNCH, Mr. KUCINICH, Mr. RYAN of Mr. COSTELLO, Mrs. BIGGERT, Mr. and Nationality Act to bar the admission, Ohio, Mr. FARR, Mr. MICHAUD, Mr. HASTERT, Mr. JOHNSON of Illinois, Mr. and facilitate the removal, of alien terrorists TIERNEY, Ms. ROYBAL-ALLARD, Ms. MANZULLO, Mr. EVANS, Mr. LAHOOD, and their supporters and fundraisers, to se- WOOLSEY, Mr. BISHOP of New York, and Mr. SHIMKUS):

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.120 H19PT1 November 19, 2003 CONGRESSIONAL RECORD — HOUSE H11651 H.R. 3537. A bill to designate the facility of By Mr. SOUDER: morial No. 1180 urging the Congress of the the United States Postal Service located at H. Con. Res. 331. Concurrent resolution ex- United States to enact prescription drug cov- 185 State Street in Manhattan, Illinois, as pressing the sense of the Congress that the erage as part of the federal Medicare pro- the ‘‘Army Pvt. Shawn Pahnke Manhattan President should seek to enter into a free gram; jointly to the Committees on Ways Post Office’’; to the Committee on Govern- trade agreement with the United Kingdom; and Means and Energy and Commerce. ment Reform. to the Committee on Ways and Means. By Mr. WELLER (for himself, Mr. By Mr. CAMP (for himself, Mr. f RUSH, Mr. JACKSON of Illinois, Mr. LI- HERGER, Mr. SHAW, and Mr. BRADY of ADDITIONAL SPONSORS PINSKI, Mr. GUTIERREZ, Mr. EMANUEL, Texas): Mr. HYDE, Mr. DAVIS of Illinois, Mr. H. Res. 452. A resolution recognizing and Under clause 7 of rule XII, sponsors CRANE, Ms. SCHAKOWSKY, Mr. KIRK, supporting the goals and ideals of National were added to public bills and resolu- Mr. COSTELLO, Mrs. BIGGERT, Mr. Adoption Month; to the Committee on Gov- tions as follows: ernment Reform. HASTERT, Mr. JOHNSON of Illinois, Mr. H.R. 31: Mrs. MYRICK. By Mr. HASTINGS of Florida (for him- MANZULLO, Mr. EVANS, Mr. LAHOOD, H.R. 54: Mr. HULSHOF. self, Mr. WEXLER, Ms. ROS-LEHTINEN, and Mr. SHIMKUS): H.R. 218: Mr. SMITH of Washington, Mrs. H.R. 3538. A bill to designate the facility of Mr. LANTOS, Mr. MENENDEZ, Ms. CAPPS, and Mr. INSLEE. the United States Postal Service located at GRANGER, Mr. WHITFIELD, Mr. BER- H.R. 331: Mr. SCHROCK. 201 South Chicago Avenue in Saint Anne, Il- MAN, Mr. WEINER, Mr. DEUTSCH, Mr. H.R. 375: Mr. JONES of North Carolina. linois, as the ‘‘Marine Capt. Ryan Beaupre ENGLISH, Mr. WAXMAN, Mr. REYES, H.R. 401: Mr. FLAKE. Saint Anne Post Office‘‘; to the Committee Mr. MORAN of Virginia, Mr. WYNN, H.R. 486: Mr. PETRI. on Government Reform. Ms. HARMAN, Mr. LEVIN, Mr. ENGEL, H.R. 713: Mr. ACEVEDO-VILO, Mr. GUT- By Mrs. WILSON of New Mexico (for Ms. KAPTUR, Mr. TOWNS, Ms. NORTON, KNECHT, and Mr. FILNER. herself and Mr. TOWNS): Mr. ACKERMAN, Mr. LEWIS of Georgia, H.R. 715: Mr. RYAN of Ohio. H.R. 3539. A bill to amend the Public Mr. BURTON of Indiana, Ms. SOLIS, H.R. 734: Mr. MICHAUD, Mr. ROTHMAN, Mr. Health Service Act to direct the Secretary of Mr. DICKS, Mr. NADLER, Mr. CROW- TOWNS, Mr. SANDERS, and Mr. FROST. Health and Human Services to establish, pro- LEY, Mr. RODRIGUEZ, and Mrs. H.R. 834: Mr. GEPHARDT. mote, and support a comprehensive preven- TAUSCHER): tion, research, and medical management re- H. Res. 453. A resolution condemning the H.R. 839: Mr. BISHOP of Georgia, Mr. BAR- ferral program for hepatitis C virus infec- terrorist attacks in Istanbul, Turkey, on No- RETT of South Carolina, Mr. MATSUI, Mr. tion; to the Committee on Energy and Com- vember 15, 2003, expressing condolences to SHERWOOD, and Mr. FEENEY. merce. the families of the individuals murdered and H.R. 840: Mr. DAVIS of Alabama. By Mr. BAIRD: expressing sympathies to the individuals in- H.R. 857: Mr. SANDLIN, Mrs. BONO, Mr. MIL- H.J. Res. 77. A joint resolution proposing jured in the terrorist attacks, and standing LER of North Carolina, Mr. BAIRD, MR. an amendment to the Constitution of the in solidarity with Turkey in the fight TIERNEY, Ms. LEE, Mr. RUPPERSBERGER, and United States regarding the appointment of against terrorism; to the Committee on Mr. GOSS. individuals to fill vacancies in the House of International Relations. H.R. 876: Mr. EVERETT, Mr. BARRETT of Representatives; to the Committee on the By Mrs. JONES of Ohio: South Carolina, Mr. GONZALEZ, Mr. BAIRD, Judiciary. H. Res. 454. A resolution encouraging the Ms. MCCOLLUM, Mr. BALLANCE, Ms. BERKLEY, By Mr. YOUNG of Florida: AMBER Alert Coordinator of the Depart- Mr. BOUCHER, Ms. ROS-LEHTINEN, Mr. DAVIS H.J. Res. 78. A joint resolution making fur- ment of Justice to include within the min- of Illinois, Mr. GORDON, Mr. HONDA, and Mr. ther continuing appropriations for the fiscal imum standards established pursuant to the TOWNS. year 2004, and for other purposes; to the PROTECT Act a specific criterion for H.R. 898: Mr. SHUSTER. Committee on Appropriations. issuance of an alert through the AMBER H.R. 1285: Mr. MORAN of Virginia, Ms. By Mr. TOWNS (for himself and Mr. Alert communications network; to the Com- BERKLEY, Mr. OBERSTAR, Mrs. TAUSCHER, Mr. FALEOMAVAEGA): mittee on the Judiciary. DEFAZIO, Ms. HOOLEY of Oregon, Mrs. H. Con. Res. 329. Concurrent resolution By Mr. MURPHY (for himself, Mr. MCCARTHY of New York, Ms. MCCOLLUM, and congratulating the people and Government KOLBE, Mr. CANTOR, Mr. GERLACH, Mr. MCDERMOTT. of the Republic of Kazakhstan on the twelfth Mr. SHUSTER, Mr. PEARCE, Mr. H.R. 1336: Mr. KLINE, Mr. DEMINT, Mr. BAR- anniversary of the independence of LATHAM, Mr. SWEENEY, Mr. WELDON RETT of South Carolina, and Ms. ROS- Kazakhstan and praising longstanding and of Florida, Mrs. EMERSON, Mr. TAY- LEHTINEN. growing friendship between the United LOR of North Carolina, Ms. HARRIS, H.R. 1372: Mr. VITTER, Mr. HEFLEY, and Mr. States and Kazakhstan; to the Committee on and Mr. KENNEDY of Rhode Island): NUNES. International Relations, and in addition to H. Res. 455. A resolution expressing the H.R. 1414: Mr. SHAYS. the Committee on Ways and Means, for a pe- sense of the House of Representatives in sup- H.R. 1434: Mr. JEFFERSON, Mr. OWENS, and riod to be subsequently determined by the port of establishing a program to foster pri- Mr. THOMPSON of Mississippi. Speaker, in each case for consideration of vate investment by the people of the United H.R. 1532: Mr. PORTER, Mr. CARDIN, Mrs. such provisions as fall within the jurisdic- States in Iraqi schools and hospitals through BIGGERT, Mr. BRADY of Pennsylvania, Ms. tion of the committee concerned. adopt-a-school and adopt-a-hospital initia- KAPTUR, Mr. KLECZKA, Mr. CHABOT, and Mr. By Mr. LANTOS (for himself, Mr. tives; to the Committee on International Re- BAIRD. SHAYS, Mr. FRANK of Massachusetts, lations. H.R. 1659: Mr. BACA. Mr. GEPHARDT, Mr. KUCINICH, Mr. f H.R. 1680: Mr. MICHAUD. MORAN of Virginia, Mr. HINCHEY, Mr. H.R. 1688: Mr. KIND, Mr. DAVIS of Illinois, PALLONE, Mr. MATSUI, Ms. NORTON, MEMORIALS Mr. GREEN of Texas, Mr. OBERSTAR, Mr. Ms. LEE, Mr. ABERCROMBIE, Mr. Under clause 3 of rule XII, memorials WYNN, Mr. HINCHEY, Ms. WATSON, Mr. CON- MCNULTY, Mr. DELAHUNT, Mr. ENGEL, were presented and referred as follows: YERS, Mr. HALL, Ms. MILLENDER-MCDONALD, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. 224. The SPEAKER presented a memorial Mr. WEXLER, Mr. LAMPSON, Mr. BERMAN, and BERMAN, Ms. SCHAKOWSKY, Mr. of the Legislature of the State of Florida, Ms. BERKLEY. GEORGE MILLER of California, Ms. relative to House Memorial No. 1669 memori- H.R. 1700: Mr. BRADLEY of New Hampshire. SLAUGHTER, Mr. CONYERS, Mr. BRADY alizing the Congress of the United States to H.R. 1708: Mr. LAHOOD. of Pennsylvania, Mr. CROWLEY, Mr. provide for the conveyance of the National H.R. 1776: Mr. GARRETT of New Jersey. EVANS, Mr. JACKSON of Illinois, Ms. Forest System lands underlying the George H.R. 1824: Mr. JENKINS, Mr. Emanuel, and MILLENDER-MCDONALD, Mr. LEWIS of Kilpatrick Dam on the Oklawaha River near Mr. LAHOOD. Georgia, Mr. WEINER, Mrs. MALONEY, Palatka, Florida, and the National Forest H.R. 1914: Mr. BASS, Mr. GERLACH, Mr. Ms. WOOLSEY, Mr. FROST, Mr. STARK, System lands lying below the 21 feet Na- BEAUPREZ, Mr. PEARCE, Mr. SHERWOOD, Mr. Mr. LEVIN, Mr. FILNER, Mr. ALLEN, tional Geodetic Vertical Datum (NGVD) un- SHIMKUS, Mr. THOMAS, Mr. ROHRABACHER, Mr. CAPUANO, Mr. OLVER, Mr. derlying the Rodman Reservoir formed by Mr. BACHUS, Mr. BARTON of Texas, Ms. BERK- WEXLER, Mr. SANDERS, Ms. MCCOL- such dam and National Forest Service Tract LEY, Mrs. BONO, Mr. CARSON of Oklahoma, LUM, Mr. GRIJALVA, Mr. GONZALEZ, #C-615 to the State of Florida; to the Com- Mr. CHABOT, Mr. CHOCOLA, Mr. COOPER, Ms. Mr. OWENS, Ms. BALDWIN, and Ms. mittee on Agriculture. DELAURO, Mr. DOOLEY of California, Mr. MAJETTE): 225. Also, a memorial of the Senate of the EMANUEL, Mr. FORD, Mr. FRANKs of Arizona, H. Con. Res. 330. Concurrent resolution ex- Commonwealth of Pennsylvania, relative to Mr. GRAVES, Mr. HALL, Mr. HENSARLING, Mr. pressing the concern of Congress regarding Senate Resolution No. 163 urging the Presi- HULSHOF, Mr. ISRAEL, Mr. LANGEVIN, Mrs. human rights violations committed against dent and the Congress of the United States LOWEY, Mr. MANZULLO, Mr. MARKEY, Mr. lesbians, gay men, bisexuals, and to continue to support the revitalization of MATHESON, Mr. MEEKS of New York, Mr. transgendered (LGBT) individuals around the American steel industry; to the Com- MENENDEZ, Mr. GARY G. MILLER of Cali- the world based on their real or perceived mittee on Ways and Means. fornia, Mr. PITTS, Ms. PRYCE of Ohio, Mr. sexual orientation or gender identity; to the 226. Also, a memorial of the Legislature of QUINN, Mr. RADANOVICH, Mr. ROGERS of Ken- Committee on International Relations. the State of Florida, relative to Senate Me- tucky, Mr. SHERMAN, Mr. SIMPSON, Mr.

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TANCREDO, Mr. WALDEN of Oregon, Mr. GREENwood, Mr. KELLER, Mr. ROGERS of H.R. 1078: Mr. BARRETT of South Carolina. YOUNG of Alaska, and Mr. NEUGEBAUER. Michigan, Mr. THORNBERRY, Mr. GOODLATTE, f H.R. 1943: Mr. BEREUTER. Mr. FRANKs of Arizona, Mr. REHBERG, Mr. H.R. 2096: Mr. MANZULLO, Mr. NUSSLE, Mr. BRADLEY of New Hampshire, Mr. HERGER, PETITIONS, ETC. GALLEGLY, Mr. SAXTON, and Mr. TOOMEY. Mr. FERGUSON, Mr. PEARCE, Mr. GINGREY, Under clause 3 of rule XII, H.R. 2217: Ms. WOOLSEY. Mr. BOOZMAN, Mr. COLE, Mr. MILLER of Flor- 44. The SPEAKER presented a petition of H.R. 2314: Mrs. JONES of Ohio. ida, Mr. FORBES, and Mr. BROWN of South the Town of Huntington, NY, relative to H.R. 2347: Mr. FERGUSON. Carolina. Town Board Resolution No. 2003-708, peti- H.R. 2404: Mrs. LOWEY and Mr. TURNER of H.R. 3278. Mr. VAN HOLLEN. tioning the United States Congress to enact Texas. H.R. 3306: Mr. GUTIERREZ. the Assault Weapons Ban Reauthorization H.R. 2582: Mr. MCDERMOTT. H.R. 3307: Mr. DREIER. Act of 2003; which was referred to the Com- H.R. 2727: Mr. OLVER. H.R. 3308: Mr. KING of Iowa, Mr. mittee on the Judiciary. H.R. 2760: Mr. BURTON of Indiana and Mr. HENSARLING, Mrs. MUSGRAVE, Ms. EDDIE BER- MORAN of Virginia. NICE JOHNSON of Texas, Mrs. NAPOLITANO, Mr. f H.R. 2768: Mr. CARDIN, Mr. WYNN, and Mr. NETHERCUTT, Mr. REGULA, Mr. RYUN of Kan- AMENDMENTS RUPPERSBERGER. sas, and Mr. BEAUPREZ. H.R. 2808: Mr. BALLANCE, Ms. CORRINE H.R. 3344: Mr. MATHESON, Mr. ORTRIZ, Mr. Under clause 8 of rule XVIII, pro- BROWN of Florida, Mrs. DAVIS of California, GREEN of Texas, Mr. SNYDER, and Mr. MAR- posed amendments were submitted as Ms. HARRIS, Mr. HOUGHTON, Mr. LEVIN, Mr. SHALL. follows: MARSHALL, Mr. MEEHAN, Mr. MURTHA, Mr. H.R. 3350: Mr. GUTIERREZ and Mr. ABER- H.R. 253 PAYNE, Ms. PELOSI, Mr. PENCE, Mr. PRICE of CROMBIE. OFFERED BY MR. BEREUTER North Carolina, and Mr. TIERNEY. H.R. 3352: Mr. MILLER of Florida and Mr. (Amendment in the Nature of a Substitute) H.R. 2809: Mr. FALEOMAVAEGA. HINCHEY. AMENDMENT NO. 1: Strike all after the en- H.R. 2810: Mr. FALEOMAVAEGA. H.R. 3358: Mr. GOODLATTE. acting clause and insert the following: H.R. 2818: Ms. NORTON, Ms. CORRINE BROWN H.R. 3371: Mr. SNYDER. of Florida, and Mr. ABERCROMBIE. H.R. 3403: Mr. FOLEY. SECTION 1. SHORT TITLE. H.R. 2823: Mr. FRANK of Massachusetts, Mr. H.R. 3424: Mr. MEEKS of New York and Ms. This Act may be cited as the ‘‘Flood Insur- LAHOOD, and Mr. RAMSTAD. BERKLEY. ance Reform Act of 2003’’. H.R. 2851: Mr. KING of Iowa. H.R. 3425: Mr. RODRIGUEZ, Mr. SPRATT, Mr. SEC. 2. CONGRESSIONAL FINDINGS. H.R. 2852: Mr. BURGESS. VAN HOLLEN, and Mr. RANGEL. The Congress finds that— H.R. 2879: Ms. SOLIS. H.R. 3429: Mr. UPTON. (1) the national flood insurance program H.R. 2897: Ms. DELAURO, Ms. KILPATRICK, H.R. 3441: Mr. DEUTSCH and Mr. WALSH. (A) identifies the flood risk, (B) provides and Mr. BROWN of Ohio. H.R. 3442: Mr. VAN HOLLEN, Mr. flood risk information to the public, (C) en- H.R. 2929: Mr. GREEN of Texas. MCDERMOTT, Mr. DAVIS of Illinois, Ms. LEE, courages State and local governments to H.R. 2945: Mr. MCDERMOTT. Mrs. CAPITO, Mr. WYNN, Mr. GUTIERREZ, Mr. make appropriate land use adjustments to H.R. 2952: Mrs. KELLY and Mr. PRICE of CONYERS, Mr. HONDA, Ms. WATSON, Mr. GOR- constrict the development of land which is North Carolina. DON, Ms. KAPTUR, Mr. RODRIGUEZ, Mr. KIL- exposed to flood damage and minimize dam- H.R. 2961: Mr. UPTON, Mrs. LOWEY, Mr. DEE, and Mr. BERMAN. age caused by flood losses, and (D) makes KENNEDY of Rhode Island, Mr. MCGOVERN, H.R. 3471: Mr. ISRAEL. flood insurance available on a nationwide Mr. BOSWELL, Mr. BROWN of Ohio, Mr. HIN- H.R. 3476: Mr. GRAVES, Mr. TOWNS, Mr. basis that would otherwise not be available, CHEY, Mr. SANDERS, Mr. SIMMONS, Mr. AN- GUTIERREZ, Mr. BOSWELL, Mr. HOLDEN, Mr. to accelerate recovery from floods, mitigate DREWS, Mr. REYES, Mr. ROTHMAN, and Mr. ABERCROMBIE, Ms. MILLENDER-MCDONALD, future losses, save lives, and reduce the per- MARSHALL. Mr. JEFFERSON, Mr. GRIJALVA, Mr. GREEN of sonal and national costs of flood disasters; H.R. 2978: Mr. NEY and Mr. WYNN. Texas, Mr. MICHAUD, Mr. JACKSON of Illinois, (2) the national flood insurance program H.R. 2980: Mr. WAXMAN, Ms. NORTON, Mr. Mr. EDWARDS, Mr. COSTELLO, Mr. WILSON of insures approximately 4,400,000 policy- KLECZKA, and Mr. SERRANO. South Carolina, Mr. BOUCHER, Mr. GOODE, holders; H.R. 3003: Mr. BONILLA. Mr. LAHOOD, and Mr. GOODLATTE. (3) approximately 48,000 properties cur- H.R. 3051: Mr. PASCRELL and Mr. WYNN. H.R. 3500: Mr. ETHERIDGE, Mr. JENKINS, Mr. rently insured under the program have expe- H.R. 3064: Mr. UPTON, Mr. MOORE, and Mrs. GORDON, Mr. HILL, Mr. BOUCHER, and Mr. rienced, within a 10-year period, two or more BIGGERT. MARSHALL. flood losses where each such loss exceeds the H.R. 3084: Mr. BISHOP of New York. H.J. Res. 40: Mr. WICKER. amount $1,000; H.R. 3109: Mr. AKIN, Mrs. BIGGERT, Mr. H. Con. Res. 126: Mr. FRANKS of Arizona. (4) approximately 10,000 of these repetitive- BOOZMAN, Mr. JANKLOW, Mr. LATOURETTE, H. Con. Res. 218: Mr. FOLEY. loss properties have experienced either two MR. VITTER, Mr. WALDEN of Oregon, Mr. H. Con. Res. 247: Mr. BRADLEY of New or three losses that cumulatively exceed WELDON of Pennsylvania, Mr. WILSON of Hampshire. building value or four or more losses, each South Carolina, Mr. BURNS, Mr. BURR, Mr. H. Con. Res. 276: Mr. FILNER, Mr. ABER- exceeding $1,000; BURTON of Indiana, Mr. BUYER, Mr. CAMP, CROMBIE, Mr. DEFAZIO, Mr. RYAN of Ohio, Mr. (5) repetitive-loss properties constitute a Mrs. CAPITO, Mr. COLE, Mr. COLLINS, Mr. COX, FROST, Mr. STARK, and Mr. MICHAUD. significant drain on the resources of the na- Mr. CRENSHAW, Mr. CULBERSON, Mr. DEAL of H. Con. Res. 307: Mr. RODRIGUEZ, Mr. tional flood insurance program, costing Georgia, Mr. MCCRERY, Mr. MCHUGH, Mr. FLAKE, and Mr. CANTOR. about $200,000,000 annually; GARY G. MILLER of California, Mr. MORAN of H. Con. Res. 311: Mr. CROWLEY and Mr. (6) repetitive-loss properties comprise ap- Kansas, Mr. NEUGEBAUER, Mr. NORWOOD, and DEUTSCH. proximately one percent of currently insured ONES Mr. OSE. H. Con. Res. 312: Mrs. J of Ohio, Mr. properties but are expected to account for 25 H.R. 3120: Ms. MILLENDER-MCDONALD. PAYNE, Mr. HINOJOSA, Mrs. DAVIS of Cali- to 30 percent of claims losses; H.R. 3125: Mr. PETRI and Mr. LEWIS of Ken- fornia, and Ms. DELAURO. (7) the vast majority of repetitive-loss tucky. H. Con. Res. 315: Mr. SMITH of New Jersey. properties were built before local community H. Con. Res. 323: Ms. KILPATRICK and Mr. H.R. 3133: Mr. FROST. implementation of floodplain management PAYNE. H.R. 3150: Mr. SMITH of Washington, Mrs. standards under the program and thus are el- H. Con. Res. 325: Mr. GILCHREST. MALONEY, Mr. BERMAN, Mr. LARSEN of Wash- igible for subsidized flood insurance; H. Res. 291: Ms. ESHOO. ington, Mr. DAVIS of Florida, Mr. FORD, and (8) while some property owners take advan- H. Res. 346: Mr. MCHUGH. Mr. PRICE of North Carolina. tage of the program allowing subsidized flood H. Res. 371: Mr. JANKLOW. H.R. 3184: Mr. DAVIS of Alabama. insurance without requiring mitigation ac- H. Res. 387: Ms. WOOLSEY. H.R. 3190: Mr. WICKER, Mr. BISHOP of Utah, tion, others are trapped in a vicious cycle of H. Res. 393: Ms. CARSON of Indiana. and Mr. MCCOTTER. suffering flooding, then repairing flood dam- H. Res. 402: Mr. BALLENGER. age, then suffering flooding, without the H.R. 3213: Mr. HALL and Mr. BASS. H. Res. 410: Mr. MCGOVERN. H.R. 3242: Mr. CASE and Mr. SPRATT. H. Res. 445: Mr. BERRY, Mr. STRICKLAND, means to mitigate losses or move out of H.R. 3244: Mr. ISRAEL. Mrs. JONES of Ohio, Mr. MURTHA, Mr. STU- harm’s way; H.R. 3277: Mr. HAYES, Mr. SHINKUS, Ms. PAK, and Mr. KUCINICH. (9) mitigation of repetitive-loss properties MCCARTHY of Missouri, Mr. PASCRELL, Mr. H. Res. 447: Mrs. MALONEY and Mr. JACKSON through buyouts, elevations, relocations, or ORTIZ, Mr. STRICKLAND, Mr. DAVIS of Ten- of Illinois. flood-proofing will produce savings for pol- nessee, Ms. SOLIS, Mr. LAMPSON, Mr. MCIN- icyholders under the program and for Fed- TYRE, Mr. BROWN of Ohio, Mr. ALLEN, Mr. f eral taxpayers through reduced flood insur- COSTELLO, Mr. WU, Mr. RYAN of Ohio, Ms. DELETIONS OF SPONSORS FROM ance losses and reduced Federal disaster as- KAPTUR, Mr. NEAL of Massachusetts, Mrs. PUBLIC BILLS AND RESOLUTIONS sistance; CAPPS, Mr. MARSHALL, Mr. PALLONE, Mr. (10) a strategy of making mitigation offers OLVER, Mr. KENNEDY of Minnesota, Mr. Under clause 7 of rule XII, sponsors aimed at high-priority repetitive-loss prop- GREEN of Texas, Mr. BISHOP of Utah, Mr. were deleted from public bills and reso- erties and shifting more of the burden of re- REYNOLDS, Mr. LEWIS of Kentucky, Mr. lutions as follows: covery costs to property owners who choose

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to remain vulnerable to repetitive flood ‘‘(2) MULTIFAMILY PROPERTIES.—In the case holder of a recorded interest on the property damage can encourage property owners to of a property consisting of five or more resi- of such offer and activity. take appropriate actions that reduce loss of dences, such term shall have such meaning ‘‘(f) PURCHASE OFFERS.—A State or com- life and property damage and benefit the fi- as the Director shall by regulation provide. munity may take action under subsection nancial soundness of the program; and ‘‘(c) ELIGIBLE ACTIVITIES.—Amounts pro- (c)(2) to purchase a severe repetitive loss (11) the method for addressing repetitive- vided under this section to a State or com- property only if the following requirements loss properties should be flexible enough to munity may be used only for the following are met: take into consideration legitimate cir- activities: ‘‘(1) USE OF PROPERTY.—The State or com- cumstances that may prevent an owner from ‘‘(1) MITIGATION ACTIVITIES.—To carry out munity enters into an agreement with the taking a mitigation action. mitigation activities that reduce flood dam- Director that provides assurances that the SEC. 3. EXTENSION OF PROGRAM AND CONSOLI- ages to severe repetitive loss properties, in- property purchased will be used in a manner DATION OF AUTHORIZATIONS. cluding elevation, relocation, demolition, that is consistent with the requirements of The National Flood Insurance Act of 1968 is and floodproofing of structures, and minor clauses (i) and (ii) of section 404(b)(2)(B) of amended as follows: physical localized flood control projects. the Robert T. Stafford Disaster Relief and (1) BORROWING AUTHORITY.—In the first sen- ‘‘(2) PURCHASE.—To purchase severe repet- Emergency Assistance Act (42 U.S.C. tence of section 1309(a) (42 U.S.C. 4016(a)), by itive loss properties, subject to subsection 5170c(b)(2)(B)) for properties acquired, ac- striking ‘‘through December’’ and all that (f). cepted, or from which a structure will be re- follows through ‘‘, and’’ and inserting the ‘‘(d) MATCHING REQUIREMENT.— moved pursuant to a project provided prop- following: ‘‘through the date specified in sec- ‘‘(1) IN GENERAL.—Except as provided in erty acquisition and relocation assistance tion 1319, and’’. paragraph (2), the Director may not provide under such section 404(b). (2) AUTHORITY FOR CONTRACTS.—In section assistance under this section to a State or ‘‘(2) PURCHASE PRICE.—The amount of pur- 1319 (42 U.S.C. 4026), by striking ‘‘after’’ and community in an amount exceeding 3 times chase offer is not less than the greatest of— all that follows and inserting ‘‘after Sep- the amount that the State or community ‘‘(A) the amount of the original purchase tember 30, 2008.’’. certifies, as the Director shall require, that price of the property, when purchased by the (3) EMERGENCY IMPLEMENTATION.—In sec- the State or community will contribute from holder of the current policy of flood insur- tion 1336(a) (42 U.S.C. 4056(a)), by striking non-Federal funds for carrying out the eligi- ance under this title; ‘‘during the period’’ and all that follows ble activities to be funded with such assist- ‘‘(B) the total amount owed, at the time through ‘‘in accordance’’ and inserting ‘‘dur- ance amounts. the offer to purchase is made, under any loan ing the period ending on the date specified in ‘‘(2) WAIVER.— secured by a recorded interest on the prop- section 1319, in accordance’’. ‘‘(A) AUTHORITY.—Subject to subparagraph erty; (4) AUTHORIZATION OF APPROPRIATIONS FOR (B), the Director may waive the limitation ‘‘(C) an amount equal to the fair market STUDIES.—In section 1376(c) (42 U.S.C. under paragraph (1) for any State, and for value of the property immediately before the 4127(c)), by striking ‘‘through’’ and all that the communities located in that State, with most recent flood event affecting the prop- follows and inserting the following: ‘‘through respect to a year, if, for such year— erty; the date specified in section 1319, for studies ‘‘(i) 5 percent or more of the total number ‘‘(D) an amount equal to the replacement under this title.’’. of severe repetitive loss properties in the value of the property immediately before the SEC. 4. ESTABLISHMENT OF PILOT PROGRAM most recent flood event affecting the prop- FOR MITIGATION OF SEVERE REPET- United States are located in such State; and ITIVE LOSS PROPERTIES. ‘‘(ii) the State submits a plan to the Direc- erty, except that this subparagraph shall (a) IN GENERAL.—The National Flood In- tor specifying how the State intends to re- apply in the case only of a property for surance Act of 1968 is amended by inserting duce the number of severe repetitive loss which the State or community taking action after section 1361 (42 U.S.C. 4102) the fol- properties and the Director determines, after under subsection (c)(2) determines, and the lowing new section: consultation with State and technical ex- Director concurs, that the fair market value referred to in subparagraph (C) of the prop- ‘‘PILOT PROGRAM FOR MITIGATION OF SEVERE perts, that the State has taken actions to re- erty is less than the purchase price of a re- REPETITIVE LOSS PROPERTIES duce the number of such properties. ‘‘(B) LIMITATION.—In each waiver under placement primary residence that is of com- ‘‘SEC. 1362. (a) AUTHORITY.—To the extent subparagraph (A), the Director may waive parable value, functionally equivalent, and amounts are made available for use under located in the same community or market this section, the Director may, subject to the the limitation under paragraph (1) only to area but not in an area having special flood limitations of this section, provide financial the extent that the State or community in- assistance to States and communities for volved is required to contribute, for each se- hazards. taking actions with respect to severe repet- vere repetitive loss property for which grant ‘‘(g) INCREASE TO ACTUARIAL RATES IN itive loss properties (as such term is defined amounts are provided, not less than 10 per- CASES OF REFUSAL TO MITIGATE.— in subsection (b)) to mitigate flood damage cent of the cost of the activities for such ‘‘(1) IN GENERAL.—In any case in which the to such properties and losses to the National properties that are to be funded with grant owner of a severe repetitive loss property re- Flood Insurance Fund from such properties. amounts. fuses an offer to take action under paragraph ‘‘(b) SEVERE REPETITIVE LOSS PROPERTY.— ‘‘(3) NON-FEDERAL FUNDS.—For purposes of (1) or (2) of subsection (c) with respect to For purposes of this section, the term ‘severe this subsection, the term ‘non-Federal funds’ such property, the Director shall— repetitive loss property’ has the following includes State or local agency funds, in-kind ‘‘(A) notify each holder of a recorded inter- meaning: contributions, any salary paid to staff to est on the property of such refusal; and ‘‘(1) SINGLE-FAMILY PROPERTIES.—In the carry out the eligible activities of the recipi- ‘‘(B) increase the chargeable risk premium case of a property consisting of one to four ent, the value of the time and services con- rate for flood insurance coverage under this residences, such term means a property tributed by volunteers to carry out such ac- title for the property to an amount equal to that— tivities (at a rate determined by the Direc- the applicable estimated risk premium rate ‘‘(A) is covered under a contract for flood tor), and the value of any donated material for such area (or subdivision thereof) under insurance made available under this title; or building and the value of any lease on a section 1307(a)(1) and apply appropriate loss and building. deductibles. ‘‘(B) has incurred flood-related damage— ‘‘(e) STANDARDS FOR MITIGATION OFFERS.— ‘‘(2) APPEALS.— ‘‘(i) for which four or more separate claims The program under this section for providing ‘‘(A) IN GENERAL.—Any owner of a severe payments have been made under flood insur- assistance for eligible activities for severe repetitive loss property may appeal a deter- ance coverage under this title before the repetitive loss properties shall be subject to mination of the Director to take action date of the enactment of the Flood Insurance the following limitations: under paragraph (1)(B) with respect to such Reform Act of 2003, with the amount of each ‘‘(1) PRIORITY.—In determining the prop- property, based only upon the following such claim exceeding $5,000, and with the cu- erties for which to provide assistance for eli- grounds: mulative amount of such claims payments gible activities under subsection (c), the Di- ‘‘(i) As a result of such action, the owner of exceeding $20,000; rector shall provide assistance for properties the property will not be able to purchase a ‘‘(ii) for which four or more separate in the order that will result in the greatest replacement primary residence of com- claims payments have been made under flood amount of savings to the National Flood In- parable value and that is functionally equiv- insurance coverage under this title after the surance Fund in the shortest period of time. alent. date of the enactment of the Flood Insurance ‘‘(2) OFFERS.—The Director shall provide ‘‘(ii) As a result of such action, the preser- Reform Act of 2003, with the amount of each assistance in a manner that permits States vation or maintenance of any prehistoric or such claim exceeding $3,000, and with the cu- and communities to make offers to owners of historic district, site, building, structure, or mulative amount of such claims payments severe repetitive loss properties to take eli- object included in, or eligible for inclusion exceeding $15,000; or gible activities under subsection (c) as soon in, the National Register of historic places ‘‘(iii) for which at least two separate as is practicable. will be interfered with, impaired, or dis- claims payments have been made under such ‘‘(3) NOTICE.—Upon making an offer to pro- rupted. coverage, with the cumulative amount of vide assistance with respect to a property for ‘‘(iii) The flooding that resulted in the such claims exceeding the value of the prop- any eligible activity under subsection (c), flood insurance claims described in sub- erty. the State or community shall notify each section (b)(2) for the property resulted from

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.130 H19PT1 H11654 CONGRESSIONAL RECORD — HOUSE November 19, 2003 significant actions by a third party in viola- except that the amount so used in each such ‘‘(III) an amount equal to the fair market tion of Federal, State, or local law, ordi- fiscal year may not exceed $40,000,000 and value of the property immediately before the nance, or regulation. shall remain available until expended. Not- most recent flood event affecting the prop- ‘‘(iv) In purchasing the property, the owner withstanding any other provision of this erty’’; and relied upon flood insurance rate maps of the title, amounts made available pursuant to ‘‘(IV) an amount equal to the replacement Federal Emergency Management Agency this subsection shall not be subject to offset- value of the property immediately before the that were current at the time and did not in- ting collections through premium rates for most recent flood event affecting the prop- dicate that the property was located in an flood insurance coverage under this title. erty, except that this subclause shall apply area having special flood hazards. ‘‘(j) TERMINATION.—The Director may not in the case only of a property for which the ‘‘(B) PROCEDURE.—An appeal under this provide assistance under this section to any State or community determines, and the Di- paragraph of a determination of the Director State or community after September 30, rector concurs, that the fair market value shall be made by filing, with the Director, a 2008.’’. referred to in subclause (III) of the property request for an appeal within 90 days after re- (b) AVAILABILITY OF NATIONAL FLOOD IN- is less than the purchase price of a replace- ceiving notice of such determination. Upon SURANCE FUND AMOUNTS.—Section 1310(a) of ment primary residence that is of com- receiving the request, the Director shall se- the National Flood Insurance Act of 1968 (42 parable value, functionally equivalent, and lect, from a list of independent third parties U.S.C. 4017(a)) is amended— located in the same community or market compiled by the Director for such purpose, a (1) in paragraph (7), by striking ‘‘and’’ at area but not in an area having special flood party to hear such appeal. Within 90 days the end; and hazards’’. after filing of the request for the appeal, (2) by striking paragraph (8) and inserting (c) WAIVER OF LIMITATIONS ON ASSIST- such third party shall review the determina- the following new paragraph: ANCE.—Section 1366(f) of the National Flood tion of the Director and shall set aside such ‘‘(8) for financial assistance under section Insurance Act of 1968 (42 U.S.C. 4104c(f)) is determination if the third party determines 1362 to States and communities for taking amended by striking paragraph (3) and in- that the grounds under subparagraph (A) actions under such section with respect to serting the following new paragraph: exist. During the pendency of an appeal severe repetitive loss properties, but only to ‘‘(3) WAIVER.—The Director may waive the under this paragraph, the Director shall stay the extent provided in section 1362(i); and’’. dollar amount limitations under paragraphs the applicability of the rates established pur- SEC. 5. ENHANCED AUTHORITY IN FLOOD MITI- (1) and (2) for any State or community— suant to paragraph (1). GATION ASSISTANCE PROGRAM. ‘‘(A) for any 5-year period when a major ‘‘(C) EFFECT OF FINAL DETERMINATION.—In (a) MITIGATION ASSISTANCE FOR REPETITIVE disaster or emergency declared by the Presi- an appeal under this paragraph— CLAIMS PROPERTIES.—Section 1366(e) of the dent (pursuant to the Robert T. Stafford Dis- ‘‘(i) if a final determination is made that National Flood Insurance Act of 1968 (42 aster Relief and Emergency Assistance Act the grounds under subparagraph (A) exist, U.S.C. 4104c) is amended— (42 U.S.C. 5121 et seq.)) as a result of flood the third party hearing such appeal shall (1) by striking paragraph (4) and inserting conditions is in effect with respect to areas make a determination of how much to re- the following new paragraph: in the State or community; or duce the chargeable risk premium rate for ‘‘(4) STANDARD FOR ASSISTANCE.—In pro- ‘‘(B) whenever the Director determines flood insurance coverage for the property in- viding grants under this subsection for miti- that repetitive claims properties are located volved in the appeal from the amount re- gation activities, the Director shall give first within such State or community and that quired under paragraph (1) and the Director priority for funding to repetitive claims waiver of the cost limitations is cost-effec- shall promptly reduce the chargeable risk properties, or to such subsets of such prop- tive and in the best interests of the National premium rate for such property by such erties as the Director may establish pursu- Flood Insurance Fund.’’. amount; and ant to subsection (n)(2), that the Director de- (d) PENALTIES FOR REFUSAL TO MITIGATE ‘‘(ii) if a final determination is made that termines are the most cost-effective for the AND FRAUDULENT CLAIMS.—Section 1366 of the grounds under subparagraph (A) do not taxpayers of the United States, are in the the National Flood Insurance Act of 1968 (42 exist, the Director shall promptly increase best interests of the National Flood Insur- U.S.C. 4104c) is amended— the chargeable risk premium rate for such ance Fund, and for which matching amounts (1) by striking subsection (k); property to the amount established pursuant under subsection (f) are available.’’; and (2) by redesignating subsection (j) as sub- to paragraph (1) and shall collect from the (2) by adding at the end the following new section (l); and property owner the amount necessary to paragraph: (3) by inserting after subsection (i) the fol- cover the stay of the applicability of such in- ‘‘(6) NOTICE.—Upon making an offer to con- lowing new subsections: creased rates during the pendency of the ap- duct any eligible mitigation activity under ‘‘(j) INCREASE TO ACTUARIAL RATES IN peal. paragraph (5) with respect to a repetitive CASES OF REFUSAL TO MITIGATE.— ‘‘(1) IN GENERAL.—In any case in which the ‘‘(D) COSTS.—If the third party hearing an claims property or a severe repetitive loss appeal under this paragraph is compensated property (as such term is defined in section owner of a repetitive claims property refuses for such service, the costs of such compensa- 1362(b)) using amounts provided under this an offer of a State or community to conduct, tion shall be borne— section, the State or community shall notify with respect to such property, mitigation ac- ‘‘(i) by the owner of the property request- each holder of a recorded interest on the tivities under subsection (e) under a mitiga- ing the appeal, if the final determination in property of such offer and activity.’’. tion plan approved by the Director, the Di- the appeal is that the grounds under sub- (b) LIMITATIONS ON PROPERTY ACQUISI- rector shall— paragraph (A) do not exist; and TION.—Section 1366(e)(5)(C) of the National ‘‘(A) notify each holder of a recorded inter- ‘‘(ii) by the National Flood Insurance Flood Insurance Act of 1968 (42 U.S.C. est on the property of such refusal; and Fund, if such final determination is that the 4104c(e)(5)(C)) is amended by striking ‘‘for ‘‘(B) increase the chargeable risk premium grounds under subparagraph (A) do exist. public use, as the Director determines is con- rate for flood insurance coverage under this sistent with sound land management and use title for the property to an amount equal to ‘‘(E) REPORT.—Not later than 6 months after the date of the enactment of the Flood in such area’’ and inserting the following: the applicable estimated risk premium rate Insurance Reform Act of 2003, the Director ‘‘except that amounts provided under this for such area (or subdivision thereof) under shall submit a report to the House of Rep- section may not be used for acquisition of section 1307(a)(1) and apply appropriate loss resentatives and the Senate describing the any property unless— deductibles. rules, procedures, and administration for ap- ‘‘(i) the State or community enters into an ‘‘(2) APPEALS.— peals under this paragraph. agreement with the Director that provides ‘‘(A) MITIGATION ACTIONS.—Any owner of a ‘‘(h) DISCRETIONARY ACTIONS IN CASES OF assurances that the property purchased will repetitive claims property may appeal a de- FRAUDULENT CLAIMS.—If the Director deter- be used in a manner that is consistent with termination of the Director to take action mines that a fraudulent claim was made the requirements of clauses (i) and (ii) of sec- under paragraph (1)(B) with respect to such under flood insurance coverage under this tion 404(b)(2)(B) of the Robert T. Stafford property, based only upon the following title for a severe repetitive loss property, the Disaster Relief and Emergency Assistance grounds: Director may— Act (42 U.S.C. 5170c(b)(2)(B)) for properties ‘‘(i) As a result of such action, the owner of ‘‘(1) cancel the policy and deny the provi- acquired, accepted, or from which a struc- the property will not be able to purchase a sion to such policyholder of any new flood ture will be removed pursuant to a project replacement primary residence of com- insurance coverage under this title for the provided property acquisition and relocation parable value and that is functionally equiv- property; or assistance under such section 404(b); and alent. ‘‘(2) refuse to renew the policy with such ‘‘(ii) the amount of purchase offer is not ‘‘(ii) As a result of such action, the preser- policyholder upon expiration and deny the less than the greatest of— vation or maintenance of any prehistoric or provision of any new flood insurance cov- ‘‘(I) the amount of the original purchase historic district, site, building, structure, or erage under this title to such policyholder price of the property, when purchased by the object included in, or eligible for inclusion for the property. holder of the current policy of flood insur- in, the National Register of historic places ‘‘(i) FUNDING.—Pursuant to section ance under this title; will be interfered with, impaired, or dis- 1310(a)(8), the Director may use amounts ‘‘(II) the total amount owed, at the time rupted. from the National Flood Insurance Fund to the offer to purchase is made, under any loan ‘‘(iii) The flooding that resulted in the provide assistance under this section in each secured by a recorded interest on the prop- flood insurance claims payments described of fiscal years 2004, 2005, 2006, 2007, and 2008, erty; in subsection (n)(2) for the property resulted

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from significant actions by a third party in amended by adding at the end the following ‘‘GRANTS FOR REPETITIVE INSURANCE CLAIMS violation of Federal, State, or local law, or- new subsection: PROPERTIES dinance, or regulation. ‘‘(m) COORDINATION WITH STATES AND COM- ‘‘SEC. 1323. (a) IN GENERAL.—The Director ‘‘(iv) In purchasing the property, the owner MUNITIES.—The Director shall, in consulta- may provide funding for mitigation actions relied upon flood insurance rate maps of the tion and coordination with States and com- that reduce flood damages to repetitive Federal Emergency Management Agency munities: claims properties, but only if the Director that were current at the time and did not in- ‘‘(1) IDENTIFICATION OF REPETITIVE CLAIMS determines that— dicate that the property was located in an PROPERTIES.—Identify repetitive claims ‘‘(1) such activities are in the best interest area having special flood hazards. properties and properties at risk of becoming of the National Flood Insurance Fund; and ‘‘(B) PROCEDURE.—An appeal under this repetitive claims properties. ‘‘(2) such activities can not be funded paragraph of a determination of the Director ‘‘(2) MANAGEMENT OF 100-YEAR FLOOD- under the program under section 1366 be- shall be made by filing, with the Director, a PLAIN.—Take such actions as are appropriate cause— request for an appeal within 90 days after re- to encourage and improve participation of ‘‘(A) the requirements of section 1366(g) are ceiving notice of such determination. Upon owners of properties that are not located in not being met by the State or community in receiving the request, the Director shall se- areas having special flood hazards but are lo- which the property is located; or lect, from a list of independent third parties cated within the 100-year floodplain.’’. ‘‘(B) the State or community does not have compiled by the Director for such purpose, a party to hear such appeal. Within 90 days (f) DEFINITION OF REPETITIVE CLAIMS PROP- the capacity to manage such activities. after filing of the request for the appeal, ERTY.—Section 1366 of the National Flood In- ‘‘(b) PRIORITY FOR WORST-CASE PROP- such third party shall review the determina- surance Act of 1968 (42 U.S.C. 4104c) is amend- ERTIES.—In determining properties for which tion of the Director and shall set aside such ed by adding at the end the following new funding is to be provided under this section, determination if the third party determines subsection: the Director shall give priority based on the that the grounds under subparagraph (A) ‘‘(n) DEFINITIONS.—For purposes of this sec- amount of losses to the National Flood In- exist. During the pendency of an appeal tion: surance Fund that claims for a property under this paragraph, the Director shall stay ‘‘(1) COMMUNITY.—The term ‘community’ have caused or are reasonably expected to the applicability of the rates established pur- means— cause. suant to paragraph (1). ‘‘(A) a political subdivision that— ‘‘(c) DEFINITION.—For purposes of this sec- ‘‘(C) EFFECT OF FINAL DETERMINATION.—In ‘‘(i) has zoning and building code jurisdiction, the term ‘repetitive claims property’ an appeal under this paragraph— tion over a particular area having special has the meaning given such term in section ‘‘(i) if a final determination is made that flood hazards; and 1366(n).’’. the grounds under subparagraph (A) exist, ‘‘(ii) is participating in the national flood (b) AVAILABILITY OF NATIONAL FLOOD IN- the third party hearing such appeal shall insurance program; or SURANCE FUND AMOUNTS.—Section 1310(a) of make a determination of how much to re- ‘‘(B) a political subdivision of a State, or the National Flood Insurance Act of 1968 (42 duce the chargeable risk premium rate for other authority, that is designated to de- U.S.C. 4017(a)) is amended by adding at the flood insurance coverage for the property in- velop and administer a mitigation plan and end the following new paragraph: volved in the appeal from the amount re- manage projects by political subdivisions, all ‘‘(9) for funding, not to exceed $10,000,000 in quired under paragraph (1) and the Director of which meet the requirements of subpara- any fiscal year, for mitigation actions under shall promptly reduce the chargeable risk graph (A). section 1323, except that, notwithstanding premium rate for such property by such ‘‘(2) REPETITIVE CLAIMS PROPERTY.—The any other provision of this title, amounts amount; and term ‘repetitive claims property’ means, made available pursuant to this paragraph ‘‘(ii) if a final determination is made that without regard to the ownership of the prop- shall not be subject to offsetting collections the grounds under subparagraph (A) do not erty, a property with respect to which claim through premium rates for flood insurance exist, the Director shall promptly increase payments for losses have been made— coverage under this title.’’. the chargeable risk premium rate for such ‘‘(A) under flood insurance coverage under SEC. 7. ACTUARIAL RATE PROPERTIES. property to the amount established pursuant this title, (a) IN GENERAL.—Section 1308 of the Na- to paragraph (1) and shall collect from the ‘‘(B) on more than one occasion within a tional Flood Insurance Act of 1968 (42 U.S.C. property owner the amount necessary to 10-year period, and 4015) is amended by striking subsection (c) cover the stay of the applicability of such in- ‘‘(C) for which the cumulative value of the and inserting the following new subsection: creased rates during the pendency of the ap- amount by which such claims exceed the ‘‘(c) ACTUARIAL RATE PROPERTIES.—Subject peal. amount of any applicable deductible under only to the limitations provided under para- ‘‘(D) COSTS.—If the third party hearing an such coverage is $5,000 or more, graphs (1) and (2), the chargeable rate shall appeal under this paragraph is compensated The Director may, by regulation, further de- not be less than the applicable estimated for such service, the costs of such compensa- fine subsets of repetitive claims properties risk premium rate for such area (or subdivi- tion shall be borne— for purposes of subsection (e)(4).’’. sion thereof) under section 1307(a)(1) with re- ‘‘(i) by the owner of the property request- (g) FUNDING.—Section 1367(b) of the Na- spect to the following properties: ing the appeal, if the final determination in tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(1) POST-FIRM PROPERTIES.—Any property the appeal is that the grounds under sub- 4104d(b)) is amended— the construction or substantial improvement paragraph (A) do not exist; and (1) by redesignating paragraphs (2) and (3) of which the Director determines has been ‘‘(ii) by the National Flood Mitigation as paragraphs (3) and (4); and started after December 31, 1974, or started Fund, if such final determination is that the (2) by striking paragraph (1) and inserting after the effective date of the initial rate grounds under subparagraph (A) do exist. the following new paragraphs: map published by the Director under para- ‘‘(E) REPORT.—Not later than 6 months ‘‘(1) in each fiscal year, amounts from the graph (2) of section 1360 for the area in which after the date of the enactment of the Flood National Flood Insurance Fund not exceed- such property is located, whichever is later, Insurance Reform Act of 2003, the Director ing $20,000,000; except that the chargeable rate for prop- shall submit a report to the House of Rep- ‘‘(2) in each of fiscal years 2004, 2005, 2006, erties under this paragraph shall be subject resentatives and the Senate describing the 2007, and 2008, in addition to amounts under to the limitation under subsection (e). rules, procedures, and administration for ap- paragraph (1), amounts from the National ‘‘(2) PROPERTIES REFUSING MITIGATION AS- peals under this paragraph, which shall be Flood Insurance Fund not exceeding SISTANCE.—Any property for which the Di- submitted together with the report required $40,000,000, to remain available until ex- rector has taken action under section under section 1362(g)(2)(E). pended, except that— 1362(g)(1) or 1366(i)(1). ‘‘(k) DISCRETIONARY ACTIONS IN CASES OF ‘‘(A) such amounts shall be used only under FRAUDULENT CLAIMS.—If the Director deter- ‘‘(3) CERTAIN LEASED COASTAL AND RIVER section 1366 for mitigation activities for re- PROPERTIES.—Any property leased from the mines that a fraudulent claim was made petitive claims properties (as such term is under flood insurance coverage under this Federal Government (including residential defined in section 1366(n)); and and nonresidential properties) that the Di- title for a repetitive claims property, the Di- ‘‘(B) notwithstanding any other provision rector may— rector determines is located on the river-fac- of this title, amounts made available pursu- ‘‘(1) cancel the policy and deny the provi- ing side of any dike, levee, or other riverine ant to this paragraph shall not be subject to sion to such policyholder of any new flood flood control structure, or seaward of any offsetting collections through premium rates insurance coverage under this title for the seawall or other coastal flood control struc- for flood insurance coverage under this title; property; or ture.’’. and’’. ‘‘(2) refuse to renew the policy with such (b) INAPPLICABILITY OF ANNUAL LIMITA- policyholder upon expiration and deny the SEC. 6. FEMA AUTHORITY TO FUND MITIGATION TIONS ON PREMIUM INCREASES.—Section provision of any new flood insurance cov- ACTIVITIES FOR INDIVIDUAL REPET- 1308(e) of the National Flood Insurance Act erage under this title to such policyholder ITIVE CLAIMS PROPERTIES. of 1968 (42 U.S.C. 4015(e)) is amended by strik- for the property.’’. (a) IN GENERAL.—Chapter I of the National ing ‘‘Notwithstanding’’ and inserting ‘‘Ex- (e) COORDINATION WITH STATES AND COMMU- Flood Insurance Act of 1968 (42 U.S.C. 4011 et cept with respect to properties described NITIES.—Section 1366 of the National Flood seq.) is amended by adding at the end the fol- under paragraph (2) or (3) of subsection (c) Insurance Act of 1968 (42 U.S.C. 4104c) is lowing new section: and notwithstanding’’.

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.130 H19PT1 H11656 CONGRESSIONAL RECORD — HOUSE November 19, 2003 SEC. 8. ELECTRONIC DATABASE OF REPETITIVE SEC. 9. REPLACEMENT OF MOBILE HOMES ON ‘‘(C) such replacement is conducted not CLAIMS PROPERTIES. ORIGINAL SITES. later than the expiration of the 180-day pe- Section 1364 of the National Flood Insur- Section 1315 of the National Flood Insur- riod that begins upon the subsidence (in the ance Act of 1968 (42 U.S.C. 4104a) is amended ance Act of 1968 (42 U.S.C. 4022) is amended area of such site) of the body of water that by adding at the end the following new sub- by adding at the end the following new sub- flooded to a level considered lower than flood section: section: levels. ‘‘(c) REPLACEMENT OF MOBILE HOMES ON ‘‘(2) DEFINITION.—For purposes of this sub- ‘‘(d) ELECTRONIC DATABASE OF REPETITIVE ORIGINAL SITES.— section, the term ‘mobile home’ has the CLAIMS PROPERTIES.—The Director may, if ‘‘(1) COMMUNITY PARTICIPATION.—The place- meaning given such term in the law of the the Director determines such action is fea- ment of any mobile home on any site shall State in which the mobile home is located.’’. sible, establish and maintain a database not affect the eligibility of any community SEC. 10. REITERATION OF FEMA RESPONSIBILITY identifying by location and address all repet- to participate in the flood insurance program TO MAP MUDSLIDES. itive claims properties (as such term is de- under this title and the Flood Disaster Pro- As directed in section 1360(b) of the Na- fined in section 1366(n)), repetitive loss struc- tection Act of 1973 (notwithstanding that tional Flood Insurance Act of 1968 (42 U.S.C. tures (as such term is defined in section such placement may fail to comply with any 4101(b)), the Director of the Federal Emer- 1370), and severe repetitive loss properties (as elevation or flood damage mitigation re- gency Management Agency is again directed such term is defined in section 1362(b)). If es- quirements), if— to accelerate the identification of risk zones tablished, the Director shall make the data- ‘‘(A) such mobile home was previously lo- within flood-prone and mudslide-prone areas, base available to the public in a format that cated on such site; as provided by subsection (a)(2) of such sec- may be searched electronically. Such a data- ‘‘(B) such mobile home was relocated from tion 1360, in order to make known the degree base shall not include any information re- such site because of flooding that threatened of hazard within each such zone at the ear- garding ownership of properties.’’. or affected such site; and liest possible date.

VerDate jul 14 2003 04:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00140 Fmt 7634 Sfmt 0634 E:\CR\FM\A19NO7.130 H19PT1 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, WEDNESDAY, NOVEMBER 19, 2003 No. 168 Senate The Senate met at 9:30 a.m. and was guidance. May they prosper and be in RECOGNITION OF THE MAJORITY called to order by the President pro health even as their souls prosper. LEADER tempore [Mr. STEVENS]. In this Thanksgiving season, we The PRESIDENT pro tempore. The PRAYER praise You because You are our rock, majority leader is recognized. The Chaplain, Dr. Barry C. Black, of- our fortress, our strength, our salva- f tion, our savior, and our shield. We fered the following prayer: SCHEDULE Let us pray. pray in Your holy Name. Amen. Almighty and ever-living God, who is Mr. FRIST. This morning the Senate our light and our salvation, because of f will conduct a period for morning busi- You we have a future and a hope. Your ness until 10:30 a.m. Following morning loving kindness is from everlasting to business, we expect to begin the En- PLEDGE OF ALLEGIANCE everlasting. Thank You for our oppor- ergy Policy Act conference report. If tunities to make this world better and The President pro tempore led the we are unable to reach consent for a to be instruments of Your love. Make Pledge of Allegiance as follows: time limit on the Energy conference us fit ambassadors of Your kingdom, as report, it may be necessary to file clo- we invest in eternity. I pledge allegiance to the Flag of the ture during today’s session. In all like- Today, teach our Senators what You United States of America, and to the Repub- lihood, the Senate also will be taking want them to do. Help them to trust lic for which it stands, one nation under God, up other conference reports as they be- Your wisdom and depend upon Your indivisible, with liberty and justice for all. come available, as well as nominations

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

S15105

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.000 S19PT1 S15106 CONGRESSIONAL RECORD — SENATE November 19, 2003 on the Executive Calendar during to- 80th birthday. I come from New York. vapor that could be very harmful if you morrow’s session. Therefore, rollcall We pride ourselves on good salmon. At shower regularly. So the families have votes should be expected throughout his little gathering last night, the to go to neighbors. Since often the the day. Leadership on both sides of Alaska salmon looked beautiful and spills are in whole tracts of land, it is the aisle has notified Senators that in tasted as good as any salmon I ever not just walking across the street and all likelihood it will be necessary for tasted. I want to wish him a happy knocking on the door. In some cases us to work through the weekend. We birthday and thank him for celebrating that is possible because some houses are on target to complete our work it with all of us. are not polluted and some are, that are this week, but it looks as though we f next to each other. But usually they have to get in the car and drive the will be in session working on Saturday ENERGY POLICY ACT AND MTBE and perhaps Sunday to complete action kids, drive themselves to take a show- on the Energy and Medicare conference Mr. SCHUMER. Mr. President, what I er. That renders their home—if not val- reports, as well as the appropriations would like to talk about today is the ueless, it knocks out their investment. measures. Energy bill that is coming upon us. I We have lots of people struggling want to talk about one provision in f with these MTBEs. What they have there which I find to be one of the most done, of course, is gone to the people RECOGNITION OF THE ACTING abusive provisions that I have ever who have created the problem. They MINORITY LEADER seen come down the pike, and that is have gone to the service station owner The PRESIDENT pro tempore. The the provision of a safe harbor for the who might have spilled the gasoline, or assistant minority leader. MTBE producers. the pipeline that ruptured. But the bot- Mr. REID. Mr. President, it is my un- As everyone knows, we have found tom line is, in most cases those people derstanding on the conference report it that while MTBEs did work at cleaning are out of business or not able to help. is privileged, but it could require a air, they also worked at polluting the So what happened was, because of vote. On our side, we have no request groundwater. What has happened in my lawsuits—and I am not one of the for a vote to get the conference report State and in 38, I believe it is, of the 50 Democrats who is the leading advocate on the floor. So on our side we do not States is that when the MTBEs were for the trial lawyers, but I do believe need a vote, and I want the leader to spilled, they went into well water, into there are instances where lawsuits are know that. We worked last night with aquifers, and basically made the water the only solution. They went to oil a couple of people who thought a vote undrinkable and unusable. This has left companies with lawsuits, one in Cali- would be necessary, but they no longer thousands and thousands of families in fornia, several in other parts of the believe it is necessary, so we are ready terrible shape, probably tens of thou- country, and showed not only that the to move to that as soon as it is here. sands, and it is going to grow. It is companies knew MTBEs were harmful Mr. FRIST. Mr. President, respond- going to be millions of families down but, worse, they didn’t tell anybody. ing through the Chair, we very much the road because we are just learning If in the mid-1980s we found that appreciate that because we are very of the extent of the MTBE spills. MTBEs were polluting the groundwater eager to get to this Energy conference We are being very generous, even and permanently doing such severe report and want to do it as soon as pos- without this safe harbor, to the MTBE damage, wouldn’t it have made sense sible this morning. I have a couple of producers. We are giving them $2 bil- for the oil companies and the producers colleagues to talk to. A final decision lion to shut down. How many small to send notifications to the service sta- will be made whether or not a vote will business men and women in America, tions, to the pipelines, to the trucking be required. If so, I would expect to when they shut down, get a Govern- companies, and say: If this stuff spills, have that vote very shortly after morn- ment subsidy? I think very few. But we it could be dangerous. Be very careful. ing business. are giving it to them and I am not ar- Here is what you do in the immediate guing against that right now, as much case that there is a spill. f as I oppose it. None of that happened. It is reminis- RESERVATION OF LEADER TIME We have also given them a safe har- cent of the cigarette industry. We The PRESIDENT pro tempore. Under bor. We have said to them that you knew cigarettes were harmful. Most the previous order, the leadership time cannot be sued, and we have set a ret- people sort of had an inkling after 1965. is reserved. roactive date of September 5 in this I, for one, believe that just to do a law- f Energy bill. I should not say ‘‘we.’’ Two suit because you later find a product is people who crafted the Energy bill did harmful is not the strongest case. But MORNING BUSINESS it. Nobody else had much say. in the cigarette industry, and now with The PRESIDENT pro tempore. Under What will this mean? Let me tell you the MTBEs, when the producer knew it the previous order, there will be a pe- the situations I have found on Long Is- and not only continued to produce it riod for the transaction of morning land and the Hudson Valley, in Orange but didn’t let the information out, that business for up to 60 minutes, with the County and Dutchess County, through- to me is egregious because you could first 30 minutes of the time under the out my State. have prevented a whole lot of harm. control of the Democratic leader or his MTBEs were spilled and have leaked So what we had throughout New designee, and the second 30 minutes of into either individual wells of family York was the following. We had law- the time under the control of the Sen- homes or into aquifers upon which suits, and even in many of the cases ator from Texas, Mrs. HUTCHISON, or towns and villages depend. The water when it wasn’t lawsuits, the oil compa- her designee. supply is gone. The people cannot use nies were beginning to come forward. Mr. REID. I suggest the absence of a the water or drink the water. What In Fort Montgomery, right near West quorum. does that mean? The least of it is they Point, Orange County, are a lot of re- The PRESIDING OFFICER. The need bottled water to do everything— tirees from the military, in lovely clerk will call the roll. to drink, to brush their teeth, et homes near the banks of the Hudson The assistant legislative clerk pro- cetera. They have to go out and buy River. The oil companies paid to put on ceeded to call the roll. bottled water. That is a significant ex- these filters that would prevent the Mr. SCHUMER. Mr. President, I ask pense to these families. MTBEs from going into the drinking unanimous consent that the order for In most of the places I visited, the water, the bathing water, et cetera. In the quorum call be rescinded. homes are modest. They are small some places, up in Dutchess County, The PRESIDING OFFICER. Without homes. They are typical American they were beginning to negotiate with objection, it is so ordered. families who have worked their lives the law firm. The town would pay some f and their little piece of the rock is money, the oil companies would pay their home. some money, and they would put in a HAPPY 80TH BIRTHDAY Worse, however, is that you can’t water system of piped-in water because Mr. SCHUMER. First, I want to wish even take a shower because the the entire drinking water, under a the President of the Senate a happy MTBEs, it is said, give off some kind of large number of homes, was gone.

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.002 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15107 Many of these cases didn’t reach law- It showed us the need to be inde- tional solution and some kind of long- suits because they were trying to sit pendent of Middle Eastern oil. And term solution. down and work out a negotiation. But China, of all places, because they are This bill, aside from the MTBE provi- we all know that the threat of a law- worried about dependence on Middle sion, is a hodgepodge of little special suit is the only thing that brought the Eastern oil, is now instituting CAFE interest things. I know what it does. I oil companies to the table. But standards in their automobiles that are ought to vote for it. I am getting a few progress was being made dealing with higher than ours. That should make things for New York State. If each one this bad problem. I don’t want to cast every American think. If our country of us is going to say we got our little blame here; it is just a serious problem. cannot take the necessary preparations thing for our States and we are not I ask my colleagues, if you are a to deal with a problem that is going to dealing with the national problem—and homeowner and you bought your home be nipping at our heels and then create the two are not mutually exclusive in and this stuff leaked half a mile away real problems in America a few years most cases—then we are not serving and leached into your aquifer and your from now, that is a sign of weakness of America. home is worth half the value it was, our country, and I love this country I predict that within 5 years we are and it could be made whole again by and I don’t like to see us be weak. But going to need to do another Energy simply putting in a water supply, we have done nothing on oil conserva- bill. I think the last one we did was in should we just say to the homeowner: tion. 1992. We are going to need to do an- Tough luck? Or should we try to figure I am not one of those who says we other Energy bill because the best that out a way to have those who knew this shouldn’t produce new oil. I was one of can be said about this bill is it side- horrible thing was happening help pay? six Democrats who voted to look in the steps the major problems. The worst I would have felt better—maybe some east gulf, much to the chagrin of my that can be said about it, or one of the of my colleagues don’t like the idea of friends from Florida. I think on Fed- harshest things that can be said about lawsuits; in this Energy bill we have eral lands—certainly not in parks or it, is if you hired the right lobbyist and $30 billion to fund everything under the monuments but on the huge forest had the right connections, you got Sun—had there been a fund to help the land—we should not be so doctrinaire. something in this bill. homeowners. If you don’t like the way If there is a good amount of oil and gas But the thing I most object to is not of lawsuits, that is fine, and if you be- that can be recovered in an environ- all those little things in there but, lieve the Government has some respon- mentally sound way, I think we should rather, that they have taken the place sibility—which it probably does be- do so. We need to increase supply and of a national policy on energy which cause the Government sanctioned decrease demand. But we are doing we do not have. If there was ever a MTBEs—fine. But what we are saying nothing to decrease demand. On that time to have it, after 9/11, blackouts, is, with this safe harbor, to the tens of issue, we have done nothing. and Enron in California, now is the thousands, soon to be hundreds of thou- The second issue that occurred with time we should have created it. If we sands, and probably into the millions California and the way electricity can’t create it now, when? of homeowners whose whole life sav- flows in this country—again, talk to I yield the floor. I suggest the ab- ings are destroyed: Tough luck. You my colleagues from Washington and sence of a quorum. can’t sue. You can’t negotiate. talk to my colleagues from California; The PRESIDENT pro tempore. The This is a classic case of what is they will tell you; they know this issue clerk will call the roll. wrong, sometimes, with the things we better than I—we are doing nothing in The legislative clerk proceeded to do here. We have sided with the oil this bill to prevent another fiasco like call the roll. companies that, at least, have as much the one which occurred in California, Mrs. HUTCHISON. Mr. President, I blame as the innocent homeowner— and the one I find most amazing is the ask unanimous consent that the order more blame. And we have told the recent blackout that many of us in the for the quorum call be rescinded. homeowners: Tough luck. Northeast and Midwest suffered. We all The PRESIDING OFFICER (Mr. It is not fair. As I say, these are hard- know the reason is that no one is in GRAHAM of South Carolina). Without working people. There is no fault of charge of the grid. In some places, it is objection, it is so ordered. their own. No one thinks there is any power companies; in some places, it is f culpability on the part of the home- a conglomeration; in some places, it is ENERGY AND MEDICARE owners. ISOs. We had things beginning to move in There was consensus immediately Mrs. HUTCHISON. Mr. President, I the proper direction, and because of the after the blackout that we ought to rise today to talk about two monu- power of a limited few, and, frankly, have one national grid governed by mental pieces of legislation that are because of the way this bill was cre- someone who will look out for the coming this way and, hopefully, will be ated, with no debate, no chance for transmission of electricity. passed in the next 48 hours. I am hope- amendment—what we did here on the The analogy ought to be the highway ful that we will pass the Energy bill. floor I think many on our side regret system. We have one national highway The House has passed this Energy bill. because we passed last year’s Demo- system. Even though people drive with- I have heard a lot of discussion about cratic bill which modified the safe har- in the States, commerce flows across it. It was a very hard-fought bill. bor provision, due to the work of the State lines. So does electricity. Since coming to the Senate 10 years Senator from California and some of The idea of not creating a strong na- ago, I have tried to have a part in pass- the others, and then it was totally ig- tional unit that can determine how our ing energy legislation that would make nored and basically two people—both of power flows because we are going to our country self-sufficient. Ten years whom I have a lot of respect for but need more power—again, I don’t like ago, I said we were too dependent on they have a point of view quite dif- those who say we shouldn’t grow. We foreign oil. We were dependent upon ferent than many of us here on energy should grow, but we are going to need foreign oil for about 50 percent of our issues—negotiated the entire proposal. more power to grow. To not have a na- energy needs. Today, 10 years later, it The PRESIDENT pro tempore. The tional grid after what we saw on Au- is 10 percent more. We are 60 percent time of the Senator has expired. gust 14, I believe the date was, and to more dependent on foreign oil for our Mr. SCHUMER. I ask that I be given just sort of ignore history because a energy needs. another 5 minutes since none of my few special interests or a few power It is a very important issue for our colleagues is here. companies didn’t like it—I try to read economy. Our economy is not the most The PRESIDENT pro tempore. With- a little bit of history. When the special stable right now, but it is in a recov- out objection, it is so ordered. interests, whether they be left, right, ery. We are dependent on energy for Mr. SCHUMER. Mr. President, many or center, whether they be rich or poor, our factories, for our businesses, for of us believe this whole Energy bill is a overcome the national interests, that our economy to remain stable, and for travesty. Many of us believe there are is a sign of weakness. It is a sign of us to be able to continue to increase three major energy issues that have oc- failure. And energy and power are two the number of jobs in our country. curred in the last 3 years. One was 9/11. issues that demand some kind of na- Having more energy self-sufficiency

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.005 S19PT1 S15108 CONGRESSIONAL RECORD — SENATE November 19, 2003 will be very important for our country The American people want affordable form consumers about energy-efficient to be able to strengthen our economy, energy. The American people want a appliances. put people back to work, and go into a clean environment. It does seem to me Mr. President, hydroelectric facili- full recovery. there are those on the other side who ties in the Pacific Northwest provide The bill we will have before the Sen- believe the best approach to get energy almost 60 percent of the region’s elec- ate in the next 48 hours is not a perfect and to get more green policies in place tricity. That is why I am so supportive bill, but it is a bill that I am very hope- is through regulation. Indeed, I saw of the provisions in this bill that au- ful will pass so that we can start the with some interest an article in the thorize $100 million for increased hy- process of having an energy policy that Washington Post this morning in dropower production through increased includes conservation, incentives for which the probable Democratic nomi- efficiency at existing dams. People production, incentives for nuclear nee, Howard Dean, calls for: An age of worried about global warming ought to power. We have not had a nuclear pow- reregulation. There is the headline. He be very interested in this provision be- erplant built in America since 1978. It was apparently a born-again reregu- cause hydroelectric power produces is our cleanest source of energy and it lator. He wants to reregulate American abundant electricity without global is energy that has the capacity to meet industry, and specifically energy. warming. our needs. I am very hopeful we will It seems to me you can get different The bill also contains important re- pass this bill and we will work to fix outcomes at the heavy hand, the club, forms to hydroelectric relicensing some of the things not fixed in the bill. of government. But I think what this laws, allowing for increased production I am hopeful also that we will pass legislation does is try to get to green while maintaining existing environ- Medicare prescription drug benefits. results with affordable energy by mental safeguards. That is a bill in progress. We are going incentivizing it with carrots. So you Our Native-American tribes in Or- to have an incredible ending to this really have a choice between carrots egon will benefit economically from legislative session if we are able to and clubs, depending on which side you provisions that promote the develop- work those bills out and pass them, in- want to support in this debate and how ment of energy resources on tribal lands and extend the accelerated depre- cluding the jobs created in the Energy you vote. bill and to begin the process of pro- But, Mr. President, I rise today to ciation benefit for energy-related businesses on Indian reservations. I thank viding our seniors a prescription drug speak in support of the conference re- Senator CAMPBELL for his leadership on benefit. port on H. 6, the Energy Policy Act of this important Indian energy title. I see the Senator from the State of 2003. All of the conferees are to be con- The bill also recognizes that not ev- Oregon is on the Senate floor, and I gratulated for their tireless efforts to eryone is sharing in the Nation’s eco- craft a bill that provides for real yield to him up to 8 minutes. nomic recovery. It is very important The PRESIDING OFFICER. The Sen- progress in securing our Nation’s en- that we approve the authorization in ator from Oregon. ergy future. It is a positive step toward this bill of $3.4 billion a year from 2004 Mr. SMITH. I thank the Senator ensuring our farms, factories, and to 2006 for the Low Income Housing As- from Texas for yielding to me. homes have energy they need at afford- sistance Program, known as LIHEAP. f able prices. It is an important addition to this bill. The bill provides significant incen- ENERGY Nationally, we have finally estab- tives for diversification of our energy lished mandatory reliability standards Mr. SMITH. Mr. President, in think- sources and for investment in needed for the electric transmission system, ing about my remarks today, I was re- energy infrastructure. including enforcement mechanisms. flecting back upon the investments I am pleased the bill authorizes $550 This is something the Senate has at- made during the Great Depression in million in grants for biomass pro- tempted to do for the past three Con- the Pacific Northwest by President grams, which will help Oregon’s com- gresses. These standards will help Franklin Roosevelt, by his congres- munities and small businesses treat avoid future blackouts like those that sional friends. They were at the time forested lands at high risk of cata- plunged the east coast into darkness expensive, but they were done at a strophic fires. This bill will promote last August 14 or the August 1996 event time in America, particularly the Pa- the generation of electricity with the which paralyzed the Western United cific Northwest, when only 30 percent wood and brush removed from lands States. of the American people had electricity. when lands are treated to reduce wild- Finally, let me turn to the elec- One had to live in the city to have elec- fire dangers. tricity title. This has been an issue of tricity. The extension and expansion of tax particular importance to my constitu- President Roosevelt went to Oregon credits for the generation of electricity ents in Oregon and to the West in gen- and Washington and dedicated the Bon- from renewable resources will also ben- eral. In recent years, Oregon rate- neville Dam. At the time, in 1937, it efit Oregon, which has been a leader in payers have been harmed as a result of was an enormous undertaking. He was renewable energy production, particu- market problems that spread from a visionary when he dedicated that larly in wind energy. California throughout the West. Most dam. He foresaw the benefits of uni- There are tremendous amounts of in- Oregonians have seen their electricity versal electrification of our Nation centive here for windmills. In fact, I rates increase by around 50 percent in from an economic and from an environ- heard Pete Domenici say: In 10 years, the past 3 years. mental point of view. you are going to be tired of seeing all FERC’s proposal on standard market There were those who expressed con- the windmills that will be produced design, SMD, threatened to raise Or- cern about the cost of this Energy bill. from this. egon’s rates even further. As originally In preparing for these remarks, I read Now, the Federal Government can proposed, it simply would not have the address of Franklin Roosevelt mandate it and impose it on electrical worked in the Northwest, where those many years ago because it is ap- utility companies, or it can incentivize hydroelectricity is the dominant re- plicable even today. He ends his ad- it by helping these renewable types of source. dress with this adage, which is as true energy to be more affordable and more The PRESIDING OFFICER. The Sen- today as it was then: marketable in the marketplace of ator’s time has expired. We in America are wiser in using our today. Again, it is the carrot approach, Mr. SMITH. Might I have another 2 wealth on projects like this which will give not the stick approach. minutes? us more wealth, better living, and greater We will further improve the environ- Mrs. HUTCHISON. Mr. President, happiness for our children. ment by establishing tax credits for en- how much time do we have remaining? It seems to me the difference be- ergy-efficient homes and appliances, The PRESIDING OFFICER. Eighteen tween those for the bill and those and for energy efficiency improve- minutes 50 seconds. against it has to do with money and ments to existing homes. Expansion of Mrs. HUTCHISON. I yield 1 more the picking of winners and losers sup- the Energy Star program builds on the minute to the Senator from Oregon, posedly in this bill, and the difference success of the collaborative effort be- and then I will yield up to 8 minutes to of approach. tween Government and industry to in- the Senator from Mississippi.

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.007 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15109 The PRESIDING OFFICER. The Sen- coming at it from a different view- centive to produce it, and by the way, ator from Oregon. point. But through the efforts of Sen- we have locked up lots of it. You can’t Mr. SMITH. In short, SMD was bad ator DOMENICI and Senator CRAIG drill in most of the Gulf of Mexico, not for the consumers of Oregon, particu- THOMAS, and the interest of Senators on the Atlantic or Pacific coasts, not larly those in rural areas. such as GORDON SMITH and LARRY in certain areas in the west. So slowly Led by the Senate, this Congress has CRAIG, and the chairman in the House, but surely we have stopped production taken the extraordinary step in this BILLY TAUZIN, we came up with a good in America. bill of blocking FERC from continuing package. I appreciate the efforts of all This bill will produce some more oil with this rulemaking that would have concerned. and natural gas. We will be able to been so harmful to so many areas of We will hear from the chairman and have greater use of coal because we are the country. ranking member about details of this going to put an investment in clean Unfortunately, the SMD is only part legislation. I am sure they will go into coal technology. We are going to have of a FERC vision for restructuring the some of the specifics about policy deci- more hydropower and, yes, more nu- wholesale electricity industry in a way sions that were made in the electricity clear power. The cleanest power pro- that puts consumers at risk. FERC ap- section and also give us detailed infor- ducers are natural gas and nuclear pears bent on ‘‘competition at all mation about some of the tax policy, power. Why don’t we encourage more of costs,’’ regardless of the costs to con- the tax incentives that were included that? sumers, and without justifying the in this bill. And we have lots of incentives in need for its draconian proposals. I guess there is some sticker shock here for alternative fuels: ethanol, bio- We have stopped SMD in this legisla- when we learn that the tax section diesel, whatever that is. We are going tion, but other proposals are out there. would actually wind up being some to use biomass, and some of that will Even now, utilities in the Northwest $23.5 billion. But it is a diverse package be done in my State. I don’t think it is are concerned that they will once again and one that I do believe will produce going to produce a whole lot. I think it be harmed by California’s efforts to get more energy in this country. is going to eat up a lot of money. But FERC approval for new market struc- It has a lot of incentives. Some of we will look for alternative fuels, and tures under what is commonly known them will not produce that much, and that is good. So that is part 1: more as MDO2. I acknowledge that. Some of it I would production. We cannot continue to legislate not have included. Probably two-thirds Some people say we don’t need more against specific FERC proposals for of it I would not have included. But production; we can conserve ourselves market design. this is the art of legislating. into an energy policy. How ridiculous I do hope that FERC gets the mes- So I want to speak to the broader can you get. What are we going to do, sage we are sending them, however. perspective of what we are doing. go back to just burning coal in the fire- The goal of Federal policy, which I be- We have not passed major energy leg- places? I used to have to bring in a lieve is furthered by this electricity islation in the Congress for 10 years. scuttle of coal every morning before I title, is to promote universal access to The truth is, we have done very little went to school, and I didn’t like it. It electricity at affordable prices. since 1979, when we were dealing with was cold to bring in the coal, and it Electricity is too fundamental to our lines at gas stations and unreliability was dirty burning. I never liked it. lives, and to this Nation’s economic of supply. Frankly, it has not been get- Well, what are we going to do? Just well-being to be subjected to radical ting better over the years. It is getting produce more blankets. They would experiments, such as the one proposed worse. We are becoming more and more probably be sent to us from China. by SMD. and more reliant on foreign oil for our In closing, Mr. President, I congratu- energy needs—now well over 50 per- Let’s get real. In conservation, yes, give incentives to people to better in- late Senator DOMENICI and Senator cent, probably headed for 60 percent. sulate their homes and to maybe buy GRASSLEY for their leadership in This is dangerous. We are relying on crafting this important legislation. Saudi Arabia, Iraq, Venezuela, Nigeria, more fuel-efficient and better appli- The PRESIDING OFFICER. The Sen- and other countries such as Canada and ances that don’t create pollution. Let’s ator’s time has expired. Mexico, countries on which it makes include that. More production: let’s go The Senator from Mississippi is rec- me very nervous that we are dependent after alternative fuels. Let’s have con- ognized for 8 minutes. for their oil to power this country. servation. Let’s have the whole pack- Mr. LOTT. Mr. President, I appre- This issue is about the future of age. ciate the remarks of the Senator from America. Are we going to continue to What will be the result? America will Oregon and his thoughtful comments be dependent on this foreign oil and, if be more secure. Our economy will be about the electricity section. I do we are, what will that mean for our stronger because this bill will produce think this legislation includes good economy if they decide to jack up the jobs. You may say, well, they are not language in that area that will be fair prices or cut off the supply, or if there real jobs or maybe they are temporary to all sides of electricity production. is a change of government that pro- jobs. A job is a job where I come from. I do believe, as a result of this legis- duces uncertainty as we have seen to a Where I come from, if you want to eat lation, we are going to have a better degree in Venezuela, not to mention and live and do well, you have to find grid. There are incentives to expand Iraq, of course. a job. You take what you can get. This the grid where it is needed. In my part That leads to the national security will produce over 800,000 jobs. This is a of the country, there have been signifi- aspects. If we don’t have a reliable en- jobs bill. cant investments in the grid already. ergy supply, it will affect our ability to It is about the future reliability of We have a surplus of power. We are de- power our ships, our planes. I thought our economy, about the future of our lighted to have more competition. We it was so ironic last year that we were national security, and it is about jobs, are delighted to work to have involved in a direct conflict with Iraq which will help our economy. interconnectibility. and yet we were winding up relying on It is also about ensuring clean, af- But my concern had been that this Iraqi oil which we brought to the fordable, and reliable energy—the language, this section, was not written United States, refined, and put in air- whole package. I think we have good properly, that the Federal Energy Reg- planes to bomb Baghdad. This is a dan- legislation here. We do have incentives ulatory Commission would have come gerous situation. in it for ventures such as geothermal up with a plan that would have forced What is the solution? Produce more energy. That will bring a renewable en- ratepayers in my State to pay for addi- energy supply of our own. The whole ergy online, could create a few hundred tional transmission lines which would package, not just oil but, yes, oil. We jobs. We also are going to put a real not benefit them. So it is a delicate have a lot of oil in America that is cap- emphasis on clean coal technology. We balance. tured in these stripper wells, these have an abundant supply of coal, and It has been very hard to work small wells. We have natural gas that we are developing the technology to be through this with regional differences, we could produce more of. What we able to use it, burn it, and in a clean with Senators on both sides of the aisle have done in America is there is no in- way.

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.009 S19PT1 S15110 CONGRESSIONAL RECORD — SENATE November 19, 2003 I commend my colleagues for pro- The question is, How do you come that benefit, disproportionate to other ducing this bill. It is like every legisla- out? That is a decision that every one activities where you put $2 out of pock- tive piece. It has a few warts on it. If of us is going to have to make on both et and get $2 of benefit. We have to you are expecting the perfect, this is sides of the aisle, because there are change that dynamic in health care, not it. But we need to do this. We have things I am sure every Member in this while maintaining insurance for people been arguing about it for 3 or 4 years. Chamber can look at and say: This is a who need that coverage. The things that held us back in the good thing. The problem is, for about The way this bill does that is just past we did set aside. Now we are going half of us who say it is a good thing, crucial. One of the reasons I am very to be able to get this legislation. the other half will say it is a bad thing. excited about the bill is it puts in a When you look back on this year, But that is the nature of compromise. provision called health savings ac- there is going to be a lot the Senate You try to come together to work out counts, which sets up a system in the can take credit for having made a dif- an overall package that is going to be private sector—it is not a Medicare ference in the country—the tax bill, beneficial to seniors, beneficial to tax- provision but it is in the Medicare the partial-birth abortion legislation, payers, and beneficial to the Medicare bill—it sets up a private sector reform energy legislation, and transportation system over the long haul. to allow people to set up accounts so bills. That is what I want to talk about they can take more responsibility and I am glad we have this legislation. I today. I think on balance this is a bill more control over their health care ex- urge my colleagues to support it. It that achieves that. penditures. In a sense, by living will make a difference for the future. Let me lay out sort of my thoughts. healthier lives, by doing preventive care, doing all the things to maintain I thank Senator HUTCHISON of Texas No. 1, I am concerned with the overall for putting together this opportunity Medicare system, the long-term health good health, they can actually save for us to speak. of that system. I think in part that is money and—this is the kicker—keep it. The PRESIDING OFFICER. The Sen- dependent upon the private sector sys- The insurance company doesn’t benefit ator from Texas. tem of this country upon which Medi- if you stay well and do the good things Mrs. HUTCHISON. Mr. President, I care was built. and you don’t end up in hospitals or appreciate the remarks of the Senator You have to remember, Medicare was having surgeries. You benefit. So we are fundamentally changing from Mississippi. He was on the con- built on a 1965 Blue Cross plan. That the dynamic at the private sector, preference committee. He worked hard, was a private sector plan. The reason Medicare level. Why is that important? knows how hard the compromises were. we are doing Medicare prescription If this is successful—and I believe it drugs is because the private sector has I appreciate his leadership because we will be—it becomes a building block for been offering that for some time. So can’t depend on foreign countries for 60 future reform of Medicare, because Medicare tends to follow what the pri- percent of our energy needs and have a once the employee population with pri- stable economy and keep the jobs we vate sector does. vate sector insurance, pre-Medicare, The question is, What is the private have and create more jobs for our re- becomes used to and comfortable with sector doing now? They are doing a lot covery. I thank the Senator from Mis- this kind of program, they will be de- of managed care, HMOs, PPOs, and sissippi and the Senator from Oregon. manding it when we get to Medicare. The Senator from Oregon also has been other things insurance companies are It will infuse in Medicare what I be- a leader in this field. I appreciate so trying to do to try to get costs under lieve is ultimately necessary, which is much his remarks and his leadership in control, to increase quality and effi- more individual control and responsi- this area. ciency. bility for their health expenditures. So I ask how much time remains in Well, what are we trying to do with I argue that of all the things done, in- morning business? reforming the Medicare system? We are terestingly enough, in this Medicare The PRESIDING OFFICER. Eight trying to put PPOs into Medicare. We bill, the most important thing I think minutes ten seconds. already have some HMOs there. We are we do, as a conservative, as somebody Mrs. HUTCHISON. I yield the re- trying to expand that. What we are try- who believes in giving people more mainder of our time to the Senator ing to do here is to conform Medicare power and giving individuals more con- from Pennsylvania, Mr. SANTORUM. to sort of a current state of play, as it trol, more choices, the most important f was in 1965, and we are trying to con- thing we do in the Medicare bill isn’t in form it to what is working best in the MEDICARE REFORM Medicare but it is going to be a dra- private sector today. So that is one of matic impact on it when the baby Mr. SANTORUM. Mr. President, I the objectives we are trying to accom- boomers retire and the costs go out of thank the Senator from Texas and plish. control. thank colleagues for their remarks this This is my problem. I don’t think, I make the argument—and we can morning. I rise to talk about the Medi- necessarily, that the current private get into the details of the Medicare care prescription drug bill that is still sector—just as in 1965—is necessarily bill—from the standpoint of a Repub- being worked out. I think it needs to be the most efficient way to run a health lican conservative and to conservatives stated that this is still a process. We care system. I think there are funda- across this country, what we are doing have an agreement in principle, but mental underlying problems in the with the reform in health savings ac- there are still issues having to do with health care system that we are paying counts—they used to be referred to as how much the bill will cost and wheth- the costs for today. That is why our medical savings accounts—is probably er it is going to be within the $400 bil- health care costs continue to go up. I the most important, I argue, for the lion framework that has been laid out think the fundamental problem is that long-term future of Medicare because, by both Houses of Congress and by the people are not paying for their health as I said before, Medicare reform fol- President. They are still working care. When I say that, it is not that lows private sector reform. When the through that. people are not paying for it through in- private sector changes, eventually As a result, there will be some surance. They are, and their premiums Medicare will change to reflect that be- changes, probably, over the next 24 to and copayments are going up to some cause that is what the public will want 48 hours as to what this bill is going to degree. and demand. look like in particular. But we do have The overall cost for employers is Within the Medicare system, we do a sense of what the broad outlines are. going up, no question. One of the rea- put some reforms into place that are I have to tell you in all honesty, it is sons the cost is going up is that utiliza- important. We have the reforms to like any piece of legislation. There are tion is going up, is that people’s out-of- Medicare Part B. We do put a Medicare some things that I really like, and pocket expenditures don’t conform to drug bill in. Some people are saying: there are some things that are good the benefit they are getting. In other Well, as a conservative Republican, and I am in favor of. There are some words, they are paying $2 for $10 worth why do you want to put in a $400 billion things I don’t like, and there are some of service. As long as you are paying $2 new entitlement? things that I just darn well wish were out of pocket for a $10 benefit, you are The fact is, we have a health care not in the bill. probably going to continue to consume system that doesn’t cover health care

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.012 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15111 expenses. If we have a health insurance The PRESIDING OFFICER. The is the best way to solve our problems, system that doesn’t cover 50 percent question is on agreeing to the motion. if we can. Clearly, each body has strong or, in some cases, more than 50 percent The motion was agreed to. feelings about certain issues that they of the actual costs most people con- (The text of the conference report is match up when we attempt to move sume in health care expenditures, what printed in the proceedings of the House ahead in some positive direction. kind of health care system is it, as far in the RECORD of November 17, 2003.) Some will get up here in the next as insurance is concerned? It is not a Mr. DOMENICI. Mr. President, I sug- couple of days and argue about some of very good one. gest the absence of a quorum. the provisions in this bill. I say right Again, some Republicans are saying, The PRESIDING OFFICER. The now to the Senate and to the American well, we should be doing what the mar- clerk will call the roll. people, some of the provisions that will ket is doing. Well, what the market did The assistant legislative clerk pro- be argued I agree with. Some of the was cover drug costs. For us not to do ceeded to call the roll. provisions I don’t agree with; that is, that—I think it is a little disingenuous Mr. DOMENICI. Mr. President, I ask some that people suggest should be to make the argument that we should unanimous consent that the order for changed in this bill. But I remind ev- not take on this liability. I agree we the quorum call be rescinded. eryone that we didn’t get to this point need to have reforms and control costs, The PRESIDING OFFICER. Without without giving and taking, without but we need to take on this responsi- objection, it is so ordered. putting and taking back, without argu- bility because it is part and parcel of Mr. DOMENICI. Mr. President, I ing one way and then not winning it good quality health care in America want to first say to the Senate, a little and having to go the other way. I sug- today. over a year ago the Senate changed gest that everybody in this body The PRESIDING OFFICER. All time committees and I had the luxury of knows—and if they don’t right now, has expired. moving from the Budget Committee to they will soon—that across this land Mr. SANTORUM. I thank the Chair. the Energy Committee—perhaps not a there are millions of farmers, who farm luxury in everyone’s sense but from my f all kinds of products, who are either up standpoint it was, indeed, a great op- here on the Hill or on the telephones CONCLUSION OF MORNING portunity and a tremendous change for talking about passing this bill because BUSINESS me. I took that opportunity with a it has a giant provision to convert corn The PRESIDING OFFICER. Morning great deal of relish and enthusiasm and and related products of our country business is closed. decided I would do the very best I could over time to ethanol which will, in The majority leader is recognized. to produce an energy policy, broad turn, be used in our automobiles in lieu Mr. FRIST. Mr. President, first, I based, for this country. of gasoline that comes from crude oil. very much appreciate our colleagues The House agreed on that conference We in the Senate, I say to my good talking on two very important issues report yesterday by an overwhelming friend, were led in those negotiations this morning in morning business. In a vote. That means that one body has for ethanol by the distinguished Sen- very productive way, it highlights the looked at that conference report and, ator from Iowa, Mr. GRASSLEY. He has issues that we will continue to debate with bipartisan support, said this is a been a staunch advocate, along with and discuss over the next several days. good policy for the United States to the minority leader, Senator DASCHLE, As I mentioned earlier this morning, follow in the future, and it will do good for a major American ethanol program. the plans are to address the issues of things for our people and for our I can tell my colleagues that in negoti- the Energy bill, as well as the Medicare growth and development. ating with the House, they weren’t as bill, as well as the appropriations bills, The United States of America spends excited about the program, the project, over the next several days and bring annually $440 billion, roughly—and or the size as we were under the leader- them to the floor as soon as possible, that is on the low side—on energy. ship of Senator GRASSLEY. So to get as soon as they are ready, so we can That energy is the underpinning of our what we wanted, we had to ask them proceed with this debate in an orderly economy and is a principal component what they wanted. They didn’t wait fashion. of our quality of life. For most Ameri- around for us to ask. That is sort of a As I mentioned earlier this morning, cans, the complex system of energy way of saying it. They told us what the plans will be to work through this production and distribution is some- they needed. In other words, they said: week and through the weekend and, thing they take for granted. When they You want that, we want something. hopefully, that will be it. Possibly, we turn on the lights every morning, they I will tell my colleagues shortly of might go into the early part of next give absolutely no thought to the tur- the numerous provisions they wanted week. bines powered by coal, gas, oil, hydro- that are in this bill that brought us f power, or nuclear power spinning forth today with the most significant around to produce that electricity. program for farmers and the produc- ENERGY POLICY ACT OF 2003— Only during hurricanes or blackouts tion of ethanol to take the place of CONFERENCE REPORT are they reminded of how complex the crude oil that we have ever had in this Mr. FRIST. Mr. President, at this system of transmission lines is that country. point, I move to proceed to the con- brings that power to their homes and Let me proceed with my original ference report to accompany H.R. 6, to their businesses sometimes across thoughts and then move over to the the Energy Policy Act. many States. subject matter which has brought a The PRESIDING OFFICER. The Americans almost never give a number of people into a state of opposi- clerk will report. thought to the fact that beyond the tion to this bill. Let me complete a few The assistant legislative clerk read complex physical system that produces thoughts. as follows: and generates our energy is a mas- The Congressional Budget Office esti- The committee of conference on the sively complex system of rules and reg- mates that this bill will cost $26 billion disagreeing votes of the two Houses on ulations. These rules and regulations over 10 years. Some people have much the amendment of the Senate to the govern, one, who pays for power and bigger numbers, but what they are bill (H.R. 6), to enhance energy con- who pays for the powerplants and talking about in those numbers is not servation and research and develop- transmission lines; two, how the emis- where we have obligated the expendi- ment, to provide for security and diver- sion from the plants is regulated; ture of funds. They are authorized. sity in the energy supply for the Amer- three, who can own them; four, how the They are to be funded, if ever, later. ican people, and for other purposes, fuels can be shipped; and five, what They are statements of policy, but not having met, have agreed that the costs can be charged and to whom. statements of policy accompanied by House recede from its disagreement to Some of my colleagues are critical of programs that must be paid for. the amendment of the Senate, and this legislation. Who would not expect What I am talking about is $26 billion agree to the same, with an amendment, that to be? This bill is put together by that has to do with the taxes that are signed by a majority of the conferees the House and the Senate, each with included in this bill. That averages $2.6 on the part of both Houses. different ideas about what they think billion a year. People can talk about

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.015 S19PT1 S15112 CONGRESSIONAL RECORD — SENATE November 19, 2003 how much we are spending and who we and thereby create a more reliable including many of them by Senator are giving it to, and I remind them one transmission grid. BINGAMAN heretofore. more time, America at work, day by In some cases, I wish we could have This bill is an investment. It will pay day, spends about $440 billion annually done more. I think it is known that I off in affordable, reliable energy that on electricity. We, who were charged in support the opening of ANWR. I wish will underpin our economy. It will pay our committee with making things bet- we could have had it in here, but we through savings we are going to enjoy ter for the future, said let’s have some know the bill could not have passed from increased energy efficiency, and production tax credits and the like to with it. In addition, I wish we could this bill is one-half of 1 percent invest- bring on more energy and cause more have inventoried the resources of the ment in our economy and our future. I alternatives. If we took that number of Outer Continental Shelf, just to know think it is worth it. There is no doubt $2.6 billion per year on average, and what we own, but the House would not in my mind that if we do this, the then figure that up against $440 billion hear of that either. However, to the ex- country will be much safer, much bet- a year, it would seem to me that some tent possible, the conference report ter off in the years to come. After all, might say: You didn’t do enough; you avoids those two issues and issues of if one takes on a job such as this, they can’t move this system with that little that type. can end up saying they at least have tiny bit of money. There are some issues this conference done that. Much more cannot be asked I will, before we are finished, cal- report contains that concern my col- for. culate this over 10 years. I will take leagues, and I have heard much about I wish to comment on MTBE. MTBE $440 billion times 10 and then the little them already. I want to take a visit to was a product authorized by the United bit we are spending, and the number one of those. States of America years ago to be used will then be such a tiny number that First, there is an issue that is called in the process of oxidation in this people will wonder whether we can MTBE. Those provisions were not in country. It was an acceptable product really get much done. I think we can. the Senate bill but the House was ada- to be used in a regulated manner. Many In exchange for that investment of mant about the provision. Similarly, companies did that. Some companies about one-half of 1 percent, in sum- the House insisted on an amendment did not use it correctly and may have mary, for there is time to go into de- called the bump-up provision. They violated rules, may have been neg- tail, we will diversify our resources of made a case and then they voted again ligent, may have thrown it around, electricity to build new, clean coal- on that case on the floor of the House may have spilled it where it should not burning powerplants, solar facilities, and repeated their support of it over- be, but the House had in mind—and we relicense our hydropower, and build whelmingly. In due course, if we want had no alternative but to agree in new geothermal plants and, yes, per- a discussion of it, we can have it. order to get the rest of this bill—that haps build some nuclear powerplants. While these provisions are controver- for those companies that produced a For the same one-half of 1 percent, sial, I am convinced the policy behind valid, legal product and used it validly we will impose mandatory reliability them is sound, and I will discuss them and legally, they should not be liable if standards on our transmission systems in detail as we debate each provision. there are damages that are forth- to ensure that blackouts, such as the This bill is not just about producing coming. I might say to the Chair and all Sen- one in August, will not occur again. energy. To the extent we can, we try to ators, the same thing is going to apply This legislation will also streamline save energy. Some wish we could have done something more radical, such as to ethanol. the permitting process for oil and gas Now, going back to MTBE, it is a pre- imposing very high CAFE standards for production on Federal lands. I want to scribed product. The U.S. Government automobiles. That continues to come be clear that this legislation does not prescribed it and authorized it. This change the standards. We are not re- up when we are asked how much gaso- bill says if it is used improperly, the ducing the requirements to produce en- line are we going to save and how much companies are liable. If it is used prop- ergy on Federal properties, but we re- oil will we import, how much will that erly, this says lawsuits do not lie for quire Federal agencies to coordinate so be reduced. damages. that the regulatory process is more I say, we will do whatever the Senate I have heard many Senators come to straightforward. I would think any- and/or the House would vote for, and the floor and abhor lawsuits that seek body would expect that of us in these everybody knows they will not vote for damages from companies for products days when we have shortages and when changes in the existing law with ref- they produced that were legal and valid we have resources of our own. erence to automobiles. That is not a but some damage occurred to some- This bill did not shy away from con- question of copping out, it is a question body through no fault of the product, troversy. Some of the most difficult of taking the vote and finding there are of the production of the product or its issues we faced were the regional dif- not the votes. proper use. I have heard Senators on ferences on how to regulate electricity So for those who would like to say we my side of the aisle say it is time we generation and transmission. This Na- should have done something in that stop those kinds of suits; those are law- tion is divided on the issue. If they are area, I think it is fair to say they ei- yers just trying to attack, sue, and not divided, it is because they don’t ther know something none of us knows gain big settlements. In this case, we know the issue. But if they knew the about—they have a secret weapon to decided that for using the product im- issue, they would be divided, and that get the votes—or they are just making properly, lawsuits can maintain; for is unavoidable. a statement to make this effort look using it properly, lawsuits cannot be As I have said before, if I could have less effective. maintained. written four different laws, cutting our We know neither the House nor the I am very sorry there are Senators in country into four pieces, we could have Senate has the will to modify the this room whose States either were or provided each region of the country its CAFE standards to any significant de- are ready to file lawsuits claiming own set of laws. But we cannot do that. gree. We have done everything else we damages. There is surely nothing new There is one America, not four. We could do short of that. I am a prag- about that, for I am sure, just as sure were asked to write a reform of the matist, but I believe this bill will indi- as I am standing here, that if this does Federal Power Act for the whole coun- cate we will go only so far and then we not become law, there will be hundreds try. So without the luxury of doing it have to draw a line and say that is as of them filed across this land. I do not in pieces, we think we have achieved a far as we will go. think they are justified under the the- fair middle ground. We did what was politically feasible. ory I have expressed and the theory the In exchange for compromise, all mar- We increase efficiency standards for House expressed to us. Nonetheless, it ket participants can now conduct their appliances, Federal buildings, and we is probably one of the most contentious business understanding what rules and provide tax incentives to use fuel-effi- issues in this bill. regulations will be applicable. I believe cient cars and to build energy-efficient I suggest that it seems to this Sen- that certainty will allow new capital to buildings. Many of these are not new ator we ought to look at the overall enter the electricity transmission busi- and have been espoused by others be- bill. The overall bill—I cannot do jus- ness and encourage new construction fore me as part of an energy program, tice to it in 8 minutes, but I can tell

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.019 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15113 you one more time, in summary—will doesn’t pass, that tax credit is gone. dreamed then of the day when the make America stronger, will minimize You can wish all you want about wind United States would no longer be de- our dependence upon foreign products, energy, if that is what you like, but by pendent on foreign oil. Our citizens in particular should make us less and not passing this bill you will have were asked to hold their thermostats less dependent upon the potential of wished that away. It will not be part of down, and they said: What is going to foreign natural gas being needed in this any mix for the future. be done to make this country and our great economy. We are moving rapidly In my judgment, when you add up all electric supply less dependent on fossil in that direction. those pluses and you take all the nega- fuels? The last 15 powerplants in America tives that are going to be spoken of We all understand our dependence on were built with natural gas. If we build here, you have a bill that deserves the foreign oil has increased. Fossil fuels 15 or 20 more, just as certain as I am U.S. Senate follow suit with the House still provide more than 85 percent of all standing here, we will be importing gas and approve this bill. the energy produced in the United from overseas. So we will just get out I yield the floor. States. If you look at this legislation, of the muddle of importing crude oil The PRESIDING OFFICER. The Sen- what it does is it gives, on a virtual 5 and we will have sat by and watched ator from New Hampshire. to 1 ratio, most of the tax relief to ourselves get back into the middle of Mr. GREGG. Parliamentary inquiry: those powerful interests that, in my importing natural gas. I have not been able to locate this bill. view, have contributed mightily to the We have done everything we can, I understand under rule XI the bill mess that our country is in. that we could come up with, that we should be printed. I understand it may What is needed, of course, is a bold could understand, that we could be in- be printed in the House calendar, but I and aggressive approach in terms of formed on, that says America is going am interested to know whether or not clean and renewable energy. That is re- to produce as much natural gas as pos- printing in the House Journal rep- grettably sorely lacking in this legisla- sible. As a matter of fact, things indeed resents having the bill before the Sen- tion. could work out under this bill where ate. So the Senate is aware exactly of the Alaska—not ANWR but Alaska—could The PRESIDING OFFICER. I have numbers: Renewable energy in this leg- be selling natural gas to the lower 48 in been informed that the bill is printed islation gets about $3.4 billion over the large quantities. in the CONGRESSIONAL RECORD. next 10 years. The combined credits for We have given some tax credits to Mr. GREGG. Does that qualify as those involved in fossil fuels comes to companies that would do that. We are having the bill before the Senate for well over $15 billion. all hopeful that before too much time purposes of debate? I am of the view that when you look passes they will agree to get started. The PRESIDING OFFICER. Yes, it at this legislation and the fact that it In addition, we have said there is a does. does virtually nothing in terms of the great deal of natural gas that lies off Mr. GREGG. I thank the Chair. key areas like transportation to pro- the shores of America in valid, not pro- The PRESIDING OFFICER. The Sen- mote conservation and help us find a hibited areas, very deep. We have said: ator from Oregon. way to a different energy future. This Why isn’t it getting produced? It is gas; Mr. WYDEN. Mr. President, I thank legislation simply does not meet the need at this time for a fresh approach we can use it; it is ours. Senator BINGAMAN for a chance to talk The issue was it was too expensive. for a few minutes now. He has done a in energy. What is so unfortunate about it is, I We chose in this bill to do what every- tremendous job in terms of advocating believe, a new approach on energy is body on this conference overwhelm- so many issues vital to the public, and just about the most patriotic thing our ingly supported and that was to sub- I thank him for his thoughtfulness let- country could do. We all understand stantially reduce the royalty payments ting me begin this debate. the role of oil and energy dependence so as to make that abundant natural Throughout this discussion, we have with respect to global security. Yet gas available. We believe with the pas- been told this legislation should not be this legislation is basically a tribute to sage of this bill they will be out there looked at in terms of any particular drilling for that, adding it to America’s yesteryear, a hodgepodge of subsidies provision, but it should be evaluated on reserves, quickly. for the well connected, and these huge its overall merit. We heard that yester- There are many more issues like energy conglomerates basically would that. I regret we could not produce a day. We heard that again today. get additional funds for what they are We have been told that a conference bill that would alter the current make- already doing. report, particularly, is part of a give- up of the use of fuel in America to We tried over the last couple of days produce energy and electricity without and-take kind of discussion among var- to amend the legislation. On all of the some stimulating and some production ious legislators and the various parties. pro-consumer amendments, they were tax credits that would go to the indus- Let me be real clear on that. If we are just gunned down almost in a perfunc- tries that were not currently involved using the give-and-take measure as a tory manner. The American people in producing energy for the American barometer of evaluating an Energy bill, were given 2 days to scan 1,100 pages, mix. it ought to be clear that on this one, it more than 40 percent of which by some Incidentally, in that regard, we pro- is the public that is giving, and the estimates was brand new text that was duced a tax credit for wind and solar powerful and the influential are taking not in either the House or the Senate energy the likes of which will yield a whole package of goodies. bill. Essentially, we have 500 pages of wind energy for America in abundance. In my view, if you look at this legis- brand new text that had not been seen I ran into a gentleman yesterday whose lation and its provisions that in effect by either the Senate or the House. company produces windmills and wind begin with the ‘‘get out of jail free’’ For purposes of this opening discus- energy for America. He thanked me for card that is given to the MTBE pro- sion, let me talk about some of the this bill. I don’t know him. I didn’t ducers, and you go on to this grab bag areas about which I am particularly know him. I met him right there. He of tax goodies that are given to power- concerned. said he was visiting with a few Sen- ful interests, on every measure this The people of my part of the country ators just to make sure they under- overall legislation breaches the funda- were shellacked by the Enron scams. stood that with this bill wind and solar mental principles of good energy pol- One of our major utilities used up hun- energy will continue as they are but icy. dreds of thousands of dollars of scores will strive to move ahead exponen- Let me begin by talking about how it of workers’ retirement accounts. Now tially. would affect our dependence on foreign these workers have virtually nothing He said: I currently produce more oil. I believe reducing America’s de- as a result of Enron. The conference re- wind energy than anyone, and we will pendence on foreign oil is the dipstick port did virtually nothing to deal with be able to double and triple it with this for measuring an Energy bill. By that the market manipulation that went on bill because there is a good credit that measure, this legislation is more than in the Enron case—all of the smoking is going to continue under this bill. several quarts low. Thirty years ago gun memos we read about in the papers Incidentally, for those who want the people of this country waited in for days involving Death Star, the Ric- that, you should know if this bill long lines to fill up their tanks. They ochet tactics that were used to drive

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.022 S19PT1 S15114 CONGRESSIONAL RECORD — SENATE November 19, 2003 up market prices, the energy traders The fact is when you look at the not only losing the ability to fund who used schemes such as Get Shorty statutes on the books, you will find MTBE cleanup in Oregon but they are or use a Fat Boy to manipulate energy that the Secretary of Energy has abso- concerned about the precedent it sets markets with impunity. lutely no authority to do anything for future cleanup of various other dan- What this legislation does, in effect, with respect to skyrocketing gasoline gerous materials such as perchlorate is say we will ban just one of the ma- prices. and TCE. nipulative practices used in Enron but What I have sought to do in the con- I think this is part of what concerns for everything else you have free rein ference and over the last few months is me the most. I have always believed to manipulate the American consumer. give the Federal Trade Commission the that anything important in this town It is sort of like building a 4-inch dam authority to go after documented anti- has to be done on a bipartisan basis. It across our mighty Columbia; you stop competitive practices in markets is probably the concern I have that has one relatively small practice, but it is where you basically have three or pos- dominated my career in public service. going to be drowned out by all the sibly four of the oil companies control- I think we had an opportunity for a bi- other manipulative schemes. ling more than 60 percent of the gas partisan bill in this area. As I have In my view, this legislation is an that is sold in this area. been able to do in my home State with open invitation to future Enrons. Many Members of the Senate rep- our colleague, Senator SMITH, I think With respect to other priorities about resent just those communities—com- there was an opportunity for common which we felt strongly, I tried, for ex- munities where in effect you have seen ground on a whole host of key kinds of ample, to prevent the weakening of the competitive marketplace forces cases that would have laid out a vision current export controls on highly en- sucked right out of the gasoline mar- for a very different energy future. But riched uranium. It seems astounding kets in their communities. Unfortu- essentially what you had for weeks and that at a time when President Bush nately, that too was rejected on a weeks was a blackout. You had energy correctly talked about how important straight party line vote. blackouts last summer with respect to it is to fight terrorism—and we have In addition, I offered an amendment this legislation. Senator BINGAMAN and all been concerned about yellowcake. to create an advocate for the energy I and others who were in the con- I sit on the Intelligence Committee. consumer. I believed that if you were ference faced an information blackout. Of course, I can’t get into what is dis- going to have a whole passel of deregu- Any time you go behind closed doors, cussed there. But I don’t think any- lation and regulatory changes, some- any time you do something along the body in the United States doubts the body ought to have the authority to lines of a conference in secret, it is an seriousness of the terrorist threat stand up for the consumer. The great invitation to special interests to ex- around the world. Controls in current majority of our States do exactly that. ploit their clout and their influence. law are intended to end the dependence We all understand that the energy mar- That is exactly what has happened of foreign companies on nuclear-bomb- kets have changed. Now there is much here. grade materials, but the conference re- more being done in terms of interstate I will outline one other provision. I port, incredible as it may seem, goes in trading of energy, and there is nothing know colleagues are waiting, and I am just the opposite direction and is going the States could do to go after abuses particularly grateful to Senator BINGA- to make it easier for terrorists to traf- in the interstate trading of wholesale MAN for this chance to take a few min- fic in these nuclear-bomb-grade mate- power. utes at the outset of the debate and rials. In the conference, I offered an touch on the proposal with respect to The conference report would give for- amendment. I made it clear I was will- standard market design. eign producers a fresh 9-year holiday ing to work with both Republican In our part of the world, in my home on converting highly enriched uranium chairs, Senator DOMENICI and Congress- state, we have the highest unemploy- into the much safer low-enriched ura- man TAUZIN, on it. Yet that went no- ment rate in the country. Reasonable nium, a conversion, in my view, that where as well despite bipartisan sup- energy prices have been a key to our should have happened years ago. I port. well-being. What we have now in this fought in the conference to keep in Pat Wood, head of the Federal En- legislation is a glidepath to set up place the current export controls on ergy Regulatory Commission, thought something called standard market de- highly enriched uranium. I believe had it was ‘‘a great idea’’ to have an advo- sign, a one-size-fits-all approach with my amendment passed, it would have cate—those are his words, not mine— respect to energy regulation. empowered President Bush to be able for the consumer. Regrettably, that I come to that view because there are to fulfill his goal of keeping nuclear idea went nowhere as well. two provisions in the report and they materials out of the hands of terror- I have talked about what the con- are essentially contradictory in nature. ists. Unfortunately, this too went down ference report doesn’t do. I want to The first part of the conference report on strictly party lines. talk for a few minutes about what it says you cannot engage in a standard There are other areas with respect to does do. It gives, for example, oil and market design regulatory regime in ef- pro-consumer amendments I thought gas extractors a blanket exemption fect until 2007. The second part says it were important which I will discuss under the Safe Drinking Water Act is basically OK for FERC to do any- briefly. from pumping noxious and carcino- thing they want. At a minimum, we Many of our parts of the country genic fluids underground. It gives en- have a lawyer’s full employment pro- have been subjected to price spikes in ergy producers immunity from Clean gram as a result of this regulatory the gasoline market. We saw last sum- Water Act protection to present con- limbo. But what is more likely to hap- mer that many consumers were spend- taminated storm water runoff from pen, because of the power of the inter- ing more than $2 a gallon for gas. In polluting our lakes, streams, and ests that want the standard market departs of the Southwest, it was up to $4 marshes. It gives $30 million to a whole sign, they are going to exploit the reg- per gallon for gas. host of mining interests to pursue di- ulatory confusion in this legislation to I sought to give the Federal Trade rect leaching of radioactive mine work their will. Commission authority to go after docu- tailings into the ground. On September 30th I received a letter mented anti-consumer practices such In other words, the conference report from a Republican FERC commis- as redlining and zone pricing. At either explicitly allows or it pays to sioner, Joseph Kelliher, in which he ex- present, every time there is a price create America’s future Superfund plicitly told me that standard market spike, Secretary of Energy Spencer sites. design is a bad idea for Oregon, a bad Abraham most recently put out var- I have talked about the get-out-of- idea for the Pacific Northwest, and ious kinds of press releases saying they jail-free card for the MTBE producers. should not be implemented in our re- are doing an inquiry into why gasoline This in effect would allow these pro- gion. prices have spiked up. Just as sure as ducers protection from lawsuits that I say to the people of my State and the night follows the day, the next forced them to clean up the problem my region, I am still going to fight this time there is a price spike we will hear they created. with everything I have. the very same thing from the Sec- In our State, even Republicans in the Finally, at a time when our country retary of Energy. State legislature are concerned about can be held hostage by oil-producing

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.024 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15115 nations, we had a chance to go forward it is up to $25 billion. That difference into it to build it. We do not know with legislation that would make us between $8 billion and $25 billion is al- where the plant will be. We suspect it truly energy independent. At a time most entirely filled not by a broad ap- will be in North Dakota. It is a new when cutting-edge renewable resources proach to energy policy but by very concept in taking care of one’s con- are at our fingertips, what this con- targeted, very specific programmatic stituency to essentially create a plant ference report does is it lets these ex- initiatives directed at certain interest somewhere in theory. It is a virtual citing technologies slip through our groups in order to give them benefits plant that we are going to spend all fingers. At a time when the people of to pervert the marketplace, to basi- this money on, and I guess in today’s our country have been clamoring for a cally say: Here is a winner; everyone world of virtual reality it is probably fresh approach, a different energy fu- else is a loser. appropriate that this bill have some ture, this conference report looks at The most classic example is the eth- virtual things in it because it does not energy policy through the rearview anol package which makes up one of have much else because the rest of the mirror. I hope my colleagues will re- the biggest initiatives in this bill. It is bill is equally unsubstantive. ject this conference report and look hard to figure out how much subsidy is As to the abandoned mines provision forward over the rest of this day and in this bill for ethanol but it is huge. in this bill, we are essentially going to perhaps others to talk about it at some We know there is at least $5.9 billion, take an account which was supposed to length. which is double the present subsidy, help in cleaning up the mines which I yield the floor. and we know on top of that there is were used in the West, and we are The PRESIDING OFFICER. The Sen- probably $2.5 billion of tax credit. That going to take the money out of that ac- ator from New Hampshire. is probably not all, and as people recount and we will redirect it so, basi- Mr. GREGG. Mr. President, I rise to view this bill, we will find it is even cally, none of those dollars will flow raise my serious concerns with this more obscene than that. This is more a into the cleanup which they are alleg- piece of legislation. I appreciate the ex- product which cannot stand on its own, edly being raised for. cellent statement of the Senator from a product which essentially has been We have a proposal to build some Oregon which touched on a number of brought to the marketplace because it sort of green shopping centers, what- the issues this legislation raises. has been subsidized at such a high level ever those are. That is a great concept. The purpose of an energy policy and because it is now, by law, required I always wanted to build a green shop- should be, obviously, to make our Na- to be used, it therefore becomes viable. ping center. I like blue, purple, yellow. tion more independent of international It does not become viable because it Why did we leave those colors out? We fuels, to allow energy to be more read- can compete in the marketplace—even are gone to build a green shopping mall ily available, and allow more produc- with lower subsidies. in Shreveport, LA. We are going to tivity in our society as a result of hav- Some modicum of subsidy might build a green shopping center in At- ing energy at a reasonable cost. make sense but to basically take a lanta. We are going to build a green There are a number of ways to ap- product and say, we essentially are shopping mall in Syracuse. And the proach this. Any energy policy should going to pay more for it than it prob- taxpayers are going to pay for that. be balanced. First, it forces conserva- ably costs to produce and we are going Building shopping centers is a new tion. Any energy policy should signifi- to require that it then be used, is hard- concept for energy, for having a na- cantly encourage Americans, and ly a subsidy. It is basically, to be hon- tional energy policy. Americans in business especially, to est, a socialistic approach to managing We will spend a lot of time on this use appropriate conservation which an economy. The ‘‘pick a winner’’ and over the next week as we debate this does not undermine lifestyle dramati- decide that winner, whether it works bill, because it will take at least a cally and does not undermine effi- or not, will be paid for, and then you week to do this bill. The most signifi- ciency but, rather, improves efficiency subsidize it at an extraordinary level. cant detriment in this bill is the fact in order to reduce the amount of en- There are, of course, a variety of dif- that it is essentially structured to ben- ergy used. ferent projects in here which are essen- efit one region of the country signifi- Second, after conservation, we should tially projects in home States, projects cantly over another region of the coun- use energy products which are renew- of people who are friends of somebody, try. able, things we can use over and over projects of people who happen to be It is almost a gratuitous attack on or at least produce over and over and able to get into that room that the the Northeast from the standpoint of as a result not be so dependent on Senator from Oregon mentioned was the way it has been put together. The international sources of oil. closed to most Members. most glaring example of that is the Third, of course, is production. We We have the advance reactor hydro- way this MTBE issue is handled. should increase production, especially gen cogeneration project for $1.1 bil- MTBE is an additive put in gasoline. production within the United States or lion. This appears to be not only for It was decided by the EPA, in the early within regions which the United States building of the plant but for the oper- 1990s, that this additive should be put has a relationship which is more posi- ating of the plant, which is an incred- in gasoline to make it oxidate faster, tive and constructive than the Middle ible concept. First, the taxpayers will thus getting cleaner burning gasoline East and other areas of significant pay to build this plant and then the and reducing air pollution. international attention. taxpayers are going to pay to operate It turns out one of the unintended Good energy policy requires those the plant. I am wondering what the consequences of this legitimate desire three elements. However, the bill be- purpose of the plant could be that has to make gasoline burn faster is it is an fore the Senate does not accomplish any commercial interests at all and the incredible pollutant, an extremely dif- that. It does have some conservation. taxpayers are picking up $1.1 billion for ficult pollutant to deal with if it gets It does have some renewable language construction and building costs. in the groundwater. and it does, obviously, have some pro- We have $2 billion to pay for compa- So States which were put under the duction language but on balance it nies to assist them in phasing out authority of the EPA to clean their air, does not have any of those at a level of MTBE, which is something I will get and which were then required, in order intensity or effort, at least in a con- back to, but there is an irony in that to accomplish this, to essentially use structive way, that outweighs what is because, of course, the bill limits the this additive, now find that although basically a grab bag of special interest liability of those customers and then it their air may be marginally cleaner, projects directed at benefiting one seg- pays out the program. their groundwater is dramatically ment of the economy or one segment of We have authorized loan guarantees more polluted. the population at the expense of other for using certain types of coal that If you have ever been in a house—and segments of the population. come from the Midwest and to build a I have been in a number of them—that There are a lot of examples of this. plant in the Midwest which does not has an MTBE pollution issue, it is es- The most significant is the overall cost even exist. Basically, we are going to sentially unlivable. You cannot use the of the bill. This bill was suppose to say, there will be a plant out there shower, you cannot use the sinks, the have $8 billion of tax credits in it and somewhere and we will put this money smell is just overwhelming, and the

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.026 S19PT1 S15116 CONGRESSIONAL RECORD — SENATE November 19, 2003 water cannot be drunk. It cannot be ple should just have to have this who wants is now going to be able to put on your body to clean. It is a hor- groundwater pollution. And, what the apply to go on to Federal lands and rific situation. heck, why not do it? Why not protect produce geothermal energy. People in community after commu- these companies from that sort of pol- Well, geothermal energy probably nity in my State—small communities, lution forever? has some productive capability that cul-de-sacs, groups of homes—have Well, I think you do not protect them makes sense. I am not sure it does be- found they are basically unable to live because, as a practical matter, you let cause no one, other than icelandic in those houses until the water system the court decide whether the liability countries, has been able to make it ef- has been fundamentally repaired. exists in this instance. This is not a ficient. They have an efficiency with it Sometimes you have to bring in new question that is appropriate to this En- because they have so much of it, and water because they are on wells in ergy bill, to say the least. It is, in fact, they are so small. order to address the pollution coming a question which should have been al- But basically what this bill says is, from MTBE. lowed to be resolved by the New Eng- all right, you can go on public lands— Thirty-three percent of one of my land States as they dealt with this let’s say Yellowstone Park—where counties has a serious problem of question of MTBE pollution in ground- there is a lot of geothermal, and you MTBE pollution, and the percentages water. can have the Federal Government are in the midteens and higher in other So this bill has some very serious evaluate whether or not geothermal towns, counties. So it is a serious envi- problems independent of the fact that energy should be produced there. Obvi- ronmental hazard. it is philosophically wrong, that it ously, they are not going to do it in Yet this bill says we will continue to takes a marketplace, and does so much Yellowstone Park. That was an exces- use it and States that are under these tweaking of the marketplace that you sive statement, but that is where we orders will have to continue to use it have no longer any semblance of mar- know there is geothermal power. for another period of years, increasing ket force in the issue of the production Then, if you, the person getting a the amount of pollution. of energy. You simply have a grab bag fairly significant subsidy in this bill Then this bill does one more thing of winners and losers. for geothermal production, want to, that is really—I already used this term The grab bag is unique. It really is you can then decide you are going to once, so I hate to use it again, but real- unique. I would have loved to have had pursue energy there. The Department ly is a gratuitous shot. It says States a fly on the wall in that room because is under some significant direction to which have pursued a legal remedy for there must have been just a parade of actually give you a permit, at which the damage caused by MTBE will no people coming in and out who had their time you have to go through something longer be able to pursue those lawsuits. special projects. called a NEPA process, which means This bill—because somebody got in I remember this happened once be- you have to go out and prove there is that room the Senator from Oregon fore back in 1979 or 1980 when we were an environmentally sound way to was talking about got somebody’s ear— just coming out of the energy crisis of produce this geothermal power. has language in it which specifically the 1970s, and we had the Arab oil em- All that is outrageous in and of itself goes back before the lawsuits were bargo, and we decided to put money because it is basically putting a put to brought by some of the New England into trying to pick winners and losers our national lands for geothermal States and eliminates the ability of in oil production. We put money into power that is independent of just deter- those suits to go forward. shale oil and we put money into wind mining whether or not that is the ap- Now, when I was in law school that and we put money into solar. At the propriate use for those natural lands. would be called an ex post facto law time, I supported a lot of that exercise This is where it gets very entertaining. and would be subject to some signifi- and said, well, that is something we Then they say, you—us, the tax- cant debate. However, obviously, the ought to try. payers—have to pay for the NEPA people who drafted this have figured Unfortunately, what we failed to rec- study. We have to pay to reimburse the out a way around that ex post facto at- ognize was unless the market makes company that wants to do the drilling tack, and they figure they are going to the product viable, it usually never or use the geothermal power for the en- survive this attack and, therefore, they works. That has been proven because vironmental study which they are re- are going to eliminate the capacity of all those initiatives—synthetic fuels, quired to produce in order to prove States such as New Hampshire to try shale oil, things like that—have fallen that the power can be produced in that to get redress on the issue of the fact by the wayside simply because they area. That is a very interesting con- that in some counties, up to 33 percent were not competitive in the market- cept. That is like saying to a drug com- of the water is not usable because of place. pany, we, the Federal Government, the MTBE pollution. So to abandon the market and to must pay to produce the research to It is a truly ironic situation that this pick winners and losers is not that produce your drug, even though you has happened, that a bill proposed to great a policy approach to the issue of are going to get the profits from selling reduce our reliance on energy would energy. It is better to level the playing the drug, or any other business that have innumerable special initiatives in field and give the producers the oppor- has to make a basic investment to get it that have no relationship to actually tunity to choose those products which the asset which they are going to then increasing energy production but actu- are going to make sense. That happens sell and make money on because the ally perverts the marketplace, and, on to be why I was for opening ANWR, for only significant cost for determining top of that, would take a policy which example. whether or not they are going to get is being debated in the court system But if you had been in this room, it their geothermal power will be the en- between the States and the producers would have been an interesting experi- vironmental impact study. So to ask and essentially wipes that policy, ence because as you go through this the taxpayers to pay for it is, to say which is in an environmental fight, off bill you find it is replete with these lit- the least, an unusual approach. the books in an attempt to protect tle special, targeted items. In the context of this bill, it is very those industries which produce this Here is one. I just opened the bill be- mainstream. It is very much consistent product. cause I finally got a copy of it. I just with the rest of the bill, the fact that We heard the Senator from New Mex- opened it. I arbitrarily opened it to a you are going to have $1 billion worth ico defend the position on the grounds page. This is so amusing—it is not of land or purchases made in order to that—I believe he used the term—I amusing; it is horrible. But the inter- protect the shoreline. But where is it have it right here; I wrote it down be- est is so apparent and so outrageous all going to be purchased? Louisiana. cause it is a unique term. you have to smile about it. It is so ob- Ninety percent of the $1 billion is going Well, I guess I can’t find it right now. scene in its attack on the American to be spent in Louisiana; or the fact Anyway, it was a term that I found in- taxpayers. This section is called the that you are going to have these shop- teresting because it basically implied Geothermal Steam Act. Basically, ping centers in various locations; or that well, really, States should not be what it says—and I am almost tempted the fact that you are going to have an able to bring these lawsuits. These peo- to read the whole thing—is anybody ethanol program which will probably

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.029 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15117 cost more in tax subsidy than what it more light shown on this bill, the bet- drove States in meeting their air shed cost to produce the product, certainly ter. I think we do need to spend a few requirements to address additives to more than what the net income is days discussing the issues within the gasoline that would result in some im- going to be of that product, no ques- bill. Most specifically, we want to provement in that pollution. I don’t tion about that; or that you are going spend more time on this issue of blame him for his frustration in all of to have a subsidy for a variety of ini- MTBEs and the fact that this bill has that. tiatives which are now allegedly com- essentially been structured to target I hope we can sit down and resolve mercially competitive—the list goes on one region of the country in a manner this issue apart from the bill that is interminably of tax credits which are which seems highly inappropriate and currently on the Senate floor as it re- now going to be put in place for dif- punitive and which is clearly incon- lates to the concern of the Northeast ferent industries which already are, sistent with what historically has been or any State that has experienced pol- theoretically, producing a competitive the case, which is that you don’t pass a lution and now has a groundwater product. But we have to expand that law which says the legitimate activity problem as a result of a Federal pro- tax credit. of a State or group of States, in trying gram and a Federal mandate passed by I won’t read them all, but a few of to defend the quality of their environ- this Congress in a Clean Air Act. The them: There is a credit for production ment, will be wiped off the books. That product, yes, produced independently for advanced nuclear power; to repeal is something the Federal Government by a private company to meet a Fed- the 4.3-cents motor fuel excise tax on should not be doing. It should certainly eral mandate and now, of course, years railroad and inland waterways; a credit not be being done by a Republican- later, after the application of that for natural gas distribution; a credit dominated Congress which theoreti- product, we find that there were envi- for electric transmission properties— cally still believes there are States out ronmental consequences. that this is an expensing item—an ex- For a few moments this morning I pensing for capital costs incurred in there that have some rights. I yield the floor. want to talk about the energy bill we complying with EPA sulfur regula- The PRESIDING OFFICER. The Sen- have before us, the Energy Policy Act tions; modifications to special rules for of 2003, and to bring some context to it, nuclear decommissioning costs; treat- ator from Idaho. Mr. CRAIG. Mr. President, if the Sen- on where I believe we are and how I be- ment of certain income as expenses; ar- lieve we ought to approach this par- bitration rules not to apply to prepay- ator from New Hampshire would stay ticular piece of legislation. ments for natural gas; a temporary on the Senate floor for a moment, I I came to the Senate in 1990. I went suspension of limitation based on 65 don’t blame him for being frustrated on the Energy and Natural Resources percent of taxable income and exten- about the MTBE. Committee in 1990. In 1990, we began to sion of suspension of taxable income Mr. BINGAMAN. Mr. President, par- talk about the need for a national en- limit with respect to marginal produc- liamentary inquiry: I would ask my ergy policy because we were growing tion—that is stripper wells, I pre- colleague to yield for a question. increasingly dependent upon foreign sume—amortization of delayed rental The PRESIDING OFFICER. Will the payments—that, I presume again, is a Senator yield? sources for our energy—primarily hy- stripper well type of thing—amortiza- Mr. BINGAMAN. I was just won- drocarbons—but we had a myriad of tion of geological and geophysical ex- dering if those of us who are on the Federal regulations that were in large penditures—these are all significant Senate floor could agree on an order so part driving energy policy into a non- tax benefits—temporary repeal of the my colleague from Illinois would know productive approach. We were basically saying to the en- alternative minimum tax preference when he should be planning to come to for intangible drilling costs—again, a speak. I know the Senator from Idaho ergy companies of our country, wheth- significant tax benefit—credit for clean plans to speak and Senator THOMAS er electrical, hydro-based, or nuclear- coal technology units—that is a tax would then want to speak. Would that based, or whether they were coal- credit. be the order? And then I would speak based—we were saying to the hydro- Then, of course, relative to the nat- and Senator DURBIN after that. carbon companies: You really ought ural gas business, there is a dramatic Mr. CRAIG. Certainly. I have no not do business here because it is going change in the way they account for problem with an order. to be so expensive to meet all of these their taxes. There is even a credit in Mr. THOMAS. Well, you have also Federal rules and regulations. here for ceiling fans, for certain steam been here. If you care to speak after We had the Clean Air Act and the generators and certain reactors and Senator CRAIG, perhaps I could be after Clean Water Act. National environ- vessels used for nuclear technology. you, and Senator DURBIN after that. mental policy has been talked about by The list goes on and on: Energy produc- Mr. BINGAMAN. I ask unanimous the Senator from New Hampshire. That tion incentives; there is a special tax consent that following Senator CRAIG’s was in play, and it was beginning to credit for granular mine tailings. statement, I be recognized to speak, have very real consequences in the Maybe that is not tax. I just noted that then Senator THOMAS, and then Sen- ability to produce an abundance of en- because it seems as if that may be a ator DURBIN in that order. ergy for our country at a reasonable misapplication of that or the use of Mr. THOMAS. Fifteen minutes cost to the consumer. that. apiece? Our economy has been based on—his- The tax credit section, which makes Mr. BINGAMAN. Whatever period of torically and even today—an abundant up the difference between the $8 billion time the Senator would want. supply of low-cost energy. Every Amer- requested and the $25 billion that is ac- Mr. CRAIG. No more than 15 minutes ican is the beneficiary of that. From tually being incurred here in tax cred- for me. the car you drive to the toys you play its, is just replete with special interest Mr. BINGAMAN. Fifteen minutes for with out there in recreational ways, to efforts to try to pervert the market- each of us, and a half hour for the Sen- the home you heat, to the products you place for the purposes of picking win- ator from Illinois. I think my state- use—all of them have been tied to an ners and losers in the energy produc- ment will probably be closer to a half abundant supply of energy at a rel- tion business. That might work at hour as well. atively low cost. But that was because some level. There is no question there The PRESIDING OFFICER. Without we had always been producing a lot of may be a legitimate need to do some of objection, it is so ordered. energy. that. But this bill is excessive. The Senator from Idaho. In the 1990s, all of the environmental It is also clearly not being driven by Mr. CRAIG. Mr. President, the Sen- regulations came into play. Attitudes energy policy but, rather, by parochial ator from New Hampshire has left. I shifted there. There seemed to be an interests and by interests who see the don’t blame him for his frustration attitude on the part of policymakers opportunity to have significant gain at over MTBEs. What he didn’t say was that energy was always going to be in the expense of others—specifically, the that it was a Federal program and a abundance, always going to be there; general taxpayer. Federal mandate. If there is a liability, therefore, you could begin to regulate We will spend a lot of time talking maybe it ought to be the Federal Gov- and control it for a variety of different about these various issues. I think the ernment. It was the Clean Air Act that reasons and it would just keep coming.

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.031 S19PT1 S15118 CONGRESSIONAL RECORD — SENATE November 19, 2003 That is not so. The decade of the over here. They will profit by it and we to 3 percent. Was it worth doing? Yes, nineties proved it. In the decade of the will spend it, we will use it. it is worth doing. It is clean. So we add nineties, we experienced unprecedented That is really what our policy said— it up and it is 4, or 5, or 6 percent in the economic growth, but we also became not in a spoken way but in an total marketplace over the next dec- increasingly huge consumers of energy unspoken way. ade, and it is clean energy. Americans at a time when we were no longer pro- That is why this President and it is want clean energy, and we ought to be ducing much energy. We were living off why others—I and others who work on doing that. So we are doing it in this the surpluses that had been built into the Energy Committee and studied the bill. the capacity of the energy development market and watched the trends over We are also saying, without question, and producing system in our country the past decade—realized something that coal is a huge producer of elec- and a delivery system that was pro- had to be done. We began to try, as Re- tricity today and it has caused prob- duced in the sixties and the seventies publicans and then as Democrats. lems in the past. We have a Clean Air and the 1980s. The Senator from New Mexico is in Act, and we want to drive ourselves to- Guess what began to happen in the the Chamber. He chaired that com- ward ever cleaner air. Here we are con- latter part of the nineties. The lights mittee. He worked mightily hard to tinuing to incentivize the substantial went out. The lights dimmed and, of produce an energy bill a couple of years investment in clean coal technology. course, energy costs began to go up. ago, and we got it to the floor and we What is also transpiring here—and That once 75 cents or 80 cents a gallon passed it out of the Senate. I voted for we heard it debated on the floor a good for gas all of a sudden went to $1.25, it. Why? Because it was a major step in number of times—is the issue of green- $1.60, and not long ago, in some areas, the right direction. In fact, it was the house gases and climate change, a it spiked at $4 in one instance. We saw bill of the Senator from New Mexico product of burning of hydrocarbons. what happened to electrical energy. No that passed out of the Senate this year This bill goes more toward climate longer was that switch that you woke because we could not get our bill out. change and improving our environment up to every morning and flipped ex- We could get enough votes for that bill. than any climate change bill we ever What was happening out there was a pecting your home and bedroom and had on the floor of the Senate, and here growing consensus in the Congress, the bathroom to be filled with light—no is the reason: Every new technology, House and the Senate, that something longer was that switch something you every new dollar invested in the mar- had better get done. considered automatic, that you just Now, let’s take the Clean Air Act. To ketplace puts down a cleaner form of flipped and it was always going to be maintain clean air quality, you heard energy and brings down the overall there. The generation at hand always about the problems we created in the emission of greenhouse gases. That is accepted that energy was always there Northeast with MTBEs—that additive what happens when you create new and relatively inexpensive, but, more to fuels. We have another problem as it technologies and you bring on line new importantly, they believed it was al- relates to all of that. The lights went approaches. It was the old approaches ways going to be there: Just throw the out up there this summer because we that were producing the greenhouse switch and on came the lights. had not created an environment in gases using hydrocarbons. The new ap- In the late part of the nineties, they which investment in a profitable way proaches are producing substantially threw the switch in California and the could be put back into the electrical less greenhouse gases. lights didn’t come on. What happened grids and electrical systems, that could As this economy comes back under this summer in the Northeast? They be returned to the investor so that new technologies, already per unit of threw the switch and the lights didn’t these kinds of problems would not production in our economy we are come on. Somebody has to be to blame; exist. There were a lot of other things using less carbon, and that has already the lights are not coming on. We went we tried to do. been shown. We are leading the world to the gas pumps, and all of a sudden it Out of all of that, there clearly came as it relates to unit of production as to was costing us an arm and a leg to fill a consensus that something ought to the amount of energy or carbon pro- up our cars or SUVs; any form of trans- be done. What you have before you duced by that production. This bill portation was beginning to cost more. now—and my guess is we ought to de- drives us even further toward a cleaner What happened? Why are we here? bate it for a good long while—is the environment because we are investing This President, George W. Bush, before Energy Policy Act of 2003. It just in the environment, and we are he came to office as President elect, passed the House. It is a mighty big incentivizing that investment. met here with the majority leader and piece of legislation, no question about Madam President, how much time do leaders in the Senate and said: We have it. What does it do? It puts the United I have? to get this country back into the busi- States back into the business of pro- The PRESIDING OFFICER (Ms. MUR- ness of producing energy—all forms of ducing energy. That is what it does. It KOWSKI). Two minutes remaining. energy, including hydrocarbon, elec- didn’t pick winners or losers. It largely Mr. CRAIG. Madam President, an- trical, green energy, black energy, but said, pick it all, get it all, advance other area that is significant in this environmentally sound in all respects. solar power, advance wind power, ad- bill—and I will be talking later about a We have to get back into the business vance conservation, take the old tech- variety of the approaches we have of production. nologies of gas, coal, and oil and put taken—is the area of nuclear energy, No longer were we 35, 40, 45, 50 per- new technology to them so that we can without question one of the cleanest cent dependent; now we were 55 percent use those abundant resources in a way forms of energy out there. There are no dependent upon some other country to that they will be environmentally emissions. There has always been a supply our hydrocarbon base. We had cleaner. concern about waste management and to begin to extend our politics around That is what we are saying here. We the waste stream that comes from nu- the world to secure the stability of are not subsidizing. We are saying that clear plants, but we also have recog- that market and that supply because if you invest your dollars into the mar- nized our ability to manage it and we decided here at home that we were ket, you are going to get a tax credit in other nations’ ability to manage that no longer going to be producing it be- return. That is called incentivizing in- waste stream in a responsible fashion. cause there was an environmental cost vestment. That is why those who look In this bill, we clearly incentivize the to that production. at our work product say that over the marketplace to get back into the busi- If you were witnessing the Senate course of the decade this bill could ness of electrical production through floor a couple of years ago, the debate produce over 800,000 new jobs in the nuclear generation. We have even pro- was on producing oil in Alaska. This lower 48 States and Alaska and Hawaii. posed a new reactor concept called a Senate basically said: No, we are not Why? Because we are asking the mar- passive generation 4 reactor, and also going to do that anymore; the environ- ketplace to invest, and we are we will tie to that an electrolysis proc- mental consequences are too great. So incentivizing all of the bits and pieces ess to produce hydrogen, to begin to we will let somebody else produce it in of the marketplace. fuel this new exciting initiative which Saudi Arabia or in Iraq or Russia, and I used to be a bit selective—solar is our President led in saying the trans- we will pay them and we will ship it only a percent; wind may be a couple portation fuel of the future ought to be

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.034 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15119 hydrogen. Why? We can produce it, and the previous Congress again with a and in many other ways by virtue of we can produce a lot of it. We ought large bipartisan majority: 84 Members not having an energy policy. I fear that not be producing it from natural gas; voted for it, 14 against, and 2 did not is where we find ourselves today in we ought to be producing it from vote. many respects. water. Let natural gas heat space. Of those who opposed the bill, I So while I compliment the President Don’t ask natural gas to generate elec- would say there is fairly good represen- for recognizing the importance of an tricity or create hydrogen. That is not tation from both parties. So this has energy policy, I do not think he got us the way to use natural gas. That is not been a bill that has gone through off on the right foot once he became part of what has driven the cost of it the Senate, as previous energy bills, on President in trying to develop that up. So another new initiative. a partisan basis. I think we can all comprehensive, coherent energy policy. While anyone can stand on the floor take some gratification in that. By that I am referring, of course, to and pick at the pieces, look at the It is important, in my view, that we the process that the Vice President was whole. It is a market basket full of en- deal with these issues—the issue of en- tasked to perform and did perform of ergy for the future of this country to ergy supply, the issue of energy suffi- trying to come up with a blueprint. ensure reliability so that when you ciency, concern about the important That was a closed process. There have wake up in the morning and you turn connections between energy policy and been efforts through the courts and on the light switch, the light comes on; environmental policy, including global otherwise to try to find out precisely when you plug in your computer, the warming, to which my colleague, Sen- who was talking to whom and which screen lights up; when you go to the ator CRAIG, was just referring. Those groups and individuals were consulted, Internet, you can communicate across are all issues that I think deserve sub- but clearly that was a closed process. the world instantly, and it is all driven stantial attention as, I have said, we There was no reaching out to Demo- by energy. have devoted substantial time to them. crats in the Congress. To my knowl- Every single minuscule thought is It is not easy to bring together all edge, there was no reaching out to driven by energy, and this country the competing views and points of view many of the groups that have a vital hasn’t been producing energy for over a that come together in this legislative interest in this issue. That was a mis- decade. We have been only the con- body and come out with an end prod- take. At the time, I said it was a mis- sumer of that energy basket. I think uct. I congratulated my colleague, Sen- take. It prevented policymakers from we ought to be proud of this work. I ator DOMENICI, the other day when we hearing the broad range of views that think we ought to be energized to pass concluded the conference on the fact would have been offered, I believe, in a it for the future of our country, for the that he had been able to produce a con- constructive manner. future of our economy. We incentivize ference report. I did not congratulate In addition, the conduct of that exer- the marketplace to go back to work him on the content of that report be- cise, in that closed process, failed to and produce all forms of energy from cause I had serious disagreements with generate the public trust and con- every concept and every idea. it, and I expressed those views. There is fidence that we ought to have behind Let’s not pick winners and losers. I a substantial amount involved in pro- the energy policy we adopt. So I think am sorry, we don’t pick winners and ducing a conference report, and he de- the President made a mistake in the losers. The Senator from New Hamp- serves credit for doing that. way he got us started on developing an shire is wrong. We say do it all and do The chairman of our committee energy policy. Unfortunately, that mis- it well. Out of it may come new sources said—and the chairman of the con- take has been repeated in the process that 30 or 40 years out dominate the en- ference said—he did not consider this that we have seen leading to this final ergy supply of this great country. report to be perfect. I could not agree conference report. I am proud of the work we have done. with him more. I recognize that it is My colleagues and I on the Demo- I hope the Senate will join collectively not fair to expect perfection in this cratic side of the aisle in the Senate in adopting the conference report. The process, but we could have done much have voiced our concerns about this House has already seen the merit. The better had the process been a better many times. The conference was a President strongly supports it. Let me process. We could have done much bet- closed process. In my view, clearly that tell you, the American people support ter in terms of the product that was was not designed to get us a product this package because they don’t want produced. that would enjoy broad support, and it $4-a-gallon gas, and they want the light I believe we find ourselves now with has not. We did have a meeting. We to come on in the bathroom when they a bill that does not command the broad had, of course, one early meeting where wake up. support and staying power we should conferees were permitted to come for- I yield the floor. have in a national energy policy. ward and make opening statements. The PRESIDING OFFICER. The Sen- I think the entire country should be Then some 71 or 72 days later, we had ator from New Mexico. brought into a national energy policy a final meeting, which lasted approxi- Mr. BINGAMAN. I thank the Chair. and support a comprehensive approach mately 31⁄2 hours, where Democratic Madam President, I will speak for a to dealing with our energy problems. conferees in the Senate offered 20 sub- few minutes about the Energy bill. I Our difficulty, of course, is we now stantive amendments on a wide variety know we will have additional opportu- are presented with a bill that we either of topics. None of those amendments nities to speak as the day wears on, but vote for or against. I have been one can be found in the conference report I wish to give a few comments before who has advocated adopting an Energy today. That leads me to conclude the my colleague, Senator THOMAS, speaks. bill. I have advocated for essentially exercise was cosmetic and that there We are beginning today the debate on the basic premise that President Bush was no real intent, as we went into H.R. 6, which is entitled the Energy campaigned on when he ran for office. that final conference meeting, of seri- Policy Act. We have had many hours of He said that we needed to try to put in ously considering any of those Demo- debate on this subject in the Senate place something that was a coherent cratic amendments since none of them over the last few years. The debates we national energy policy, and I essen- were agreed to. have had before in the previous Con- tially agreed with that idea. In fact, one that was agreed to by the gress and then this year in this Con- I remember former Chairman Bob Chair when it was offered was, of gress have resulted in our passing an Galvin of Motorola saying at one point course, rejected by the House, as were Energy bill with an overwhelming vote. there are certain things that the coun- all the others. I am very gratified to recount that try should set out to do on purpose. To Of the 4 that slipped through the the Senate did vote with a large major- me, establishing a national energy pol- process—16 of the 20 that we offered ity, a bipartisan majority, in favor of icy seems to be one of those things were rejected out of hand. Four of an Energy bill in 2002. In the 107th Con- that we should set out to do on pur- them did get through the process, but gress, we passed an Energy bill by a pose, because if we allow the issue to they were all rejected on a party-line vote of 88 for the bill and 11 against go unaddressed and the subject to go basis by the House Republicans as the and 1 not voting. Earlier this year, we unaddressed, we can find ourselves sub- first order of business when they con- passed the same bill we had passed in stantially disadvantaged economically vened later that same evening.

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.036 S19PT1 S15120 CONGRESSIONAL RECORD — SENATE November 19, 2003 We went to conference on this bill ex- Bay. That gas has been produced and is our natural gas from places like Nige- pecting we would be able to participate being produced every day, along with ria and Trinidad. Those are places, of in a meaningful way. That was not per- the oil that we now produce at that lo- course—some of those places, at least— mitted. I regret that it has gotten to cation. The gas is currently being that have their own problems with re- the point we are at now. pumped right back into the ground be- gard to political stability and the secu- The common ground that was re- cause there is no way to transport it to rity of that supply. flected in the Senate-passed bill was the lower 48 where it is needed. Building the necessary transpor- based on a few basic principles, and I As we see the price of natural gas go tation system for LNG, liquefied nat- will allude to those. First, perhaps up in the lower 48, as we may well this ural gas, will create jobs for shipyard most importantly, was the basic agree- winter—we do not know—we need to workers in Korea, but we will not have ment that we needed to have an energy remember there is a substantial supply the jobs for pipeline construction for policy that struck a balance between of natural gas that we are not access- Americans on this continent. increasing energy supplies and encour- ing. We need to provide financial incen- aging additional energy efficiency or tives to the private sector to help in I believe this is an unfortunate policy conservation. I think all of us can the construction of a pipeline to bring mistake that our country will come to agree, at least at some level, of a that gas to the lower 48. Such a project regret. I am disappointed we were not conceptualization that both have to be would not only help with our national able to maintain in the bill the finan- done in order to deal with energy prob- energy needs, national energy security, cial incentives that we put in the bill lems. Supplies have to be increased. it would also, of course, be a great boon when the Senate acted previously, both Usage has to be decreased. That is the to construction in this country, and to in the last Congress and this Congress. only way to begin to make up the enor- the domestic steel industry. Along with providing for more robust mous deficit which we are currently We hear a lot of talk about how this domestic supplies of natural gas, we operating under with regard to energy, bill before us is now a jobs bill. To the need to look for ways to diversify our where we are importing a tremendous extent that one cannot argue the vir- energy generation away from such reli- amount of energy. tues of it from an energy perspective, ance, such strong reliance on gas. One The reality is that our country does they have to talk about it as a jobs important arena in which we can do need new policies in both areas, and bill. There are jobs that will be created this is in electricity generation. that was what we set out to do. On the from this bill. There are a great many energy supply side, one of the most im- more jobs that would be created if we The bill the Senate passed earlier portant national needs is to meet the provided an adequate incentive for the this year focuses this diversification need for natural gas. Natural gas is the construction of the pipeline in Alaska. strongly on new technology, including fuel of choice for most electric genera- On this topic, the conference report ultraclean ways of burning coal. tion that is now being planned. We does not measure up. It does not do Ultraclean coal is the most sustainable know there have been plans to con- what we did in the bills that we passed way over the long term to ensure that struct substantial additional electric through the Senate, in the bills that coal maintains its key position in our generation that uses natural gas. we passed through the Senate both last national energy mix. This is because Natural gas will play an important year and this year. concerns about the levels of pollution role in any new distributed generation It does contain regulatory stream- emitted from coal-fired plants are only that is planned in the future. It is fa- lining procedures for the pipeline that increasing. It increases, of course, as vored by alternative fuel vehicle pro- former Senator Murkowski and I the concern about the contribution of grams in both the Government and in worked hard on in the previous Con- coal-fired generation to global warm- the private sector. It is the most likely gress. That is a critical part of the ing increases. feedstock to produce hydrogen. problem. But in order to get the pipe- This conference report unfortunately The President has indicated his line constructed, we also need to have takes a step backwards from what we strong support for moving to a hydro- fiscal incentives. The Senate voted for passed through the Senate in its com- gen-based economy. The point which I those. The administration opposed mitment to ultraclean coal. The per- think often gets lost is that the most them. centage of funding dedicated to these logical and ready source for that hy- Once Chairman DOMENICI announced purposes is cut by 20 percent. A new drogen is natural gas. So it is not pos- publicly that they would not be part of competing program of direct grants to sible to just say, OK, let’s not use oil the conference report, all of us who companies to pay for half of the cost of and gas, let’s use hydrogen. Natural were officially conferees received a let- current technology pollution equip- gas has to be used, or at least that is ter from the CEO of the gas company ment, and current technology coal- what most people think is the most that has been most active in promoting fired generation is also put in place. economic course to follow. going forward with the design and con- In my view, we have limited Federal Apart from its energy uses, of course, struction of such a pipeline, and that funds. Focusing those Government sub- natural gas is also a critical feedstock corporate executive stated that based sidies to buy today’s technology infor the petrochemical industry and the on his understanding of the conference stead of investing to create tomorrow’s fertilizer industry. report, his company could not proceed coal technology, risks coal’s ultimate Over the long haul, natural gas con- with the project in face of the extraor- ability to maintain its position in our sumption in this country is outstrip- dinary financial risk that it would energy mix. I think that is unfortunate ping the amounts we are able to have to bear if gas prices were to drop and a policy mistake as well. produce in the lower 48 States. We as a below what the Energy Information nation are in the early stages of devel- Administration agrees is the likely Another key part of the strategy of oping a substantial dependence on for- level. diversifying away from natural gas eign sources of natural gas. Just as we So the lack of a risk mitigation would be to tap into opportunities for find ourselves today dependent upon mechanism, that probably would never distributed generation, such as com- foreign sources of oil, in the near fu- have cost the taxpayers a dime, and bined heat and power at industrial fa- ture, the next decade or so, we are even if it had cost taxpayers, there was cilities. Here again, the conference re- going to find ourselves substantially a provision to ensure that those funds port falls short as it does not address dependent upon foreign sources of nat- would be repaid when the price went the barriers that have been erected to ural gas. That is not a good result, and back up again—but because of the lack uniform interconnection of distributed it is not one that we should sit by and of that risk mitigation mechanism, the generation to the grid. It is not enough idly allow to occur. likelihood is that our Nation will fore- to have the technology. We need to rid We all know, and the Presiding Offi- go the possibility of using that Alas- ourselves of the redtape that is keeping cer today knows better than any of us, kan natural gas for future supply that technology from being used. that there are at least 35 trillion cubic needs. Again, I believe our previous bill facili- feet of natural gas that are stranded on We will, instead, depend on imports tated that. I don’t believe this bill the northern slope of Alaska, Prudhoe of liquefied natural gas. We will bring does.

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.039 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15121 Along with these steps, we also need with the issue that has already been and, again, a wrong direction for us to to make a greater push to introduce re- discussed fairly broadly here in the be going in our national energy policy. newable energy technologies for elec- Senate this morning, and that is the I have various other points I wish to tricity generation. Some of these re- issue of how to treat the gasoline addi- make. I know my colleagues are here newable technologies are already cost tive MTBE, methyl tertiary-butyl ready to speak. I will have opportuni- competitive. Wind is the prime exam- ether. One provision in the ethanol ties to speak later and conclude my re- ple. But in order to see widespread use title purports to ban MTBE by the year marks on a whole range of issues since of these technologies, both financial 2014, but when you look at the rest of this is such a comprehensive subject. It and regulatory incentives should be the language, it is clear the ban is full is a comprehensive set of provisions put in place. That means both a mean- of loopholes. with which we are being presented. ingful production tax credit—and there For one thing, each State Governor At this time, in deference to my is a meaningful production tax credit can opt his or her State out of that friend, Senator THOMAS, let me yield in this conference report. I commend ban, if the Governor determines. This the floor so he can speak. Of course, the drafters for that. We would need language is sufficiently vague that it the Senator from Illinois is also here that, but we also need a flexible renew- appears that States can opt out, even ready to speak. I will defer to him as able portfolio standard for electric after the purported national ban goes well. utilities. into effect. The PRESIDING OFFICER. The Sen- For those who have not been study- I do not know if that was intended, ator from Wyoming. ing this area, a renewable portfolio but that certainly is the way it ap- Mr. THOMAS. Madam President, I standard essentially means a require- pears. thank my friend from New Mexico and ment on utilities to produce a certain One other problem with the language the ranking member on our committee. portion—in the case of our bill, 10 per- is that the President is given extraor- I thank him for the work he has done. cent—of the power they produce or dinary powers to make the statutory I think it is interesting, as we hear that they sell, 10 percent of that power ban null and void by a stroke of the people begin to talk about this bill and should come from renewable sources. pen in the year 2014 before it takes ef- talk about the need for an energy pol- That is what our Senate bill provided. fect. With these kinds of loopholes, it icy, to say how important it is for us to That provision, of course, has been de- is not likely MTBE will actually be have one and then spend the rest of the leted from the bill that is now before banned nationwide in 2014. time opposing the things that are us. I think that, again, is a mistake in In addition, the conference report there. policy. provides product liability protection The fact is we do need an energy pol- The lack of an effective renewable for MTBE and does so retroactively as icy. We haven’t had one for a very long portfolio standard is a major missed to September 5 for any lawsuit filed time. It has been something we have opportunity for our country. There are after that date. The Senator from New been working on now for 3 years. The those who argue that we should leave Hampshire spoke about his objection to other side of the aisle was unable to this to the free market. But the reality this as it affects his State. I can cer- get one for the last year, and we is that a majority in the Senate, a ma- tainly understand that objection. I worked right up to the end and it jority of Senate conferees have dis- think it is one other provision that un- didn’t get through. Now we have agreed with that. In spite of that, we dermines the broad bipartisan support worked on it another 2 years, and we have deferred to the House, and the we really ought to be able to enjoy for ought to be able to get it finished. I am House says they don’t like it. We say this bill. disappointed that everyone talks about fine; if you don’t like it, we will drop Even with the greater use of renew- the need and then begins to talk about it. able fuels in cars, we still will be very why they don’t like this bill and this The conference report is pretty much dependent on oil for the transportation little piece and that little piece. I un- status quo on the future of renewables sector. It is in our national interest to derstand. It is a broad bill. But it is an and the future role of renewables in our support domestic production of oil. But important issue. energy mix. Tax credits are extended many of us know our domestic produc- We need an energy policy. We need for a few more years and slightly tion of oil is not adequate. We are more the kind of energy policy that gives us broadened, but renewables do not get and more dependent on foreign sources some direction for where we are going anywhere near the attention lavished of oil, and most of that growing de- to be in the future. It is not designed to on them in this legislation that the pendence on foreign sources of oil is oc- deal with all the problems that may coal industry gets or that the nuclear curring in the transportation sector as exist today, although some of those are power industry gets. we are using more and more gasoline there of course. We ought to be looking Coal and nuclear power have prob- for larger and larger cars every year. to where we need to be in 10 years or 15 lems with regard to social acceptance. I notice, as everyone else does, all of years down the road. That is what poli- So in the absence of a stronger push the advertisements for Hummers. I am cies are for—to talk about the future. forward on increasing renewables I sure that is a great vehicle, but the re- It obviously has to be a balanced pol- think the conference report is basically ality is that when you have such a icy. Unfortunately, I am afraid very making a choice in favor of the exist- focus on larger and larger vehicles and many of our friends here and very ing trends toward an overreliance on less and less efficient vehicles, as we many of the folks in the country are natural gas for future electric genera- have and have had for some time in just accustomed to turning on the tion. That choice leaves our citizens’ this country, it is clear that our de- lights, going to the gas station, and not future natural gas and electricity pendence on foreign oil will grow, as it thinking about how it happens to be prices that are more volatile than they has been growing. there. should be, resulting in more frequent I understand that the answer to our It is kind of interesting that for price spikes than we would like to see. doing nothing there—we did not do a States that are dependent on all other People will come back and say: Why great deal in the Senate bill on this sources, their representatives are more did you in the Congress not try to deal subject, and we did much less than I opposed to doing something than the with this problem and anticipate this wanted to do. But we did adopt an people who are producing the product. problem and head it off in a more amendment by the Senator from Lou- I think it is time they begin to take a meaningful way? isiana, Ms. LANDRIEU, that set a goal look at the fact that energy just isn’t Renewable energy technologies can for reducing the amount of oil con- there naturally. There has to be a pol- help with another energy supply issue sumed in our transportation sector, icy to do that. It has to be a balanced that we face and that is of transpor- and we gave broad discretion to the policy. tation fuels. The conference report President and the Secretary of Trans- We are looking at conservation. We mandates a phase-in, an introduction portation as to how they achieve that are looking at alternatives. We are of up to 5 billion gallons of ethanol in goal. That provision, modest as it was, looking at renewables. Of course, in the our gasoline supply by 2012. This has has been deleted from this bill. That, in short term, in reaching those goals, the been coupled in the conference report my view, was an unfortunate deletion most important thing we have to talk

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.041 S19PT1 S15122 CONGRESSIONAL RECORD — SENATE November 19, 2003 about is domestic production so that ing. With more and more market gen- production. We can do it in an eco- we aren’t becoming more and more de- erators who do not make the distribu- nomically and environmentally sound pendent on foreign countries to provide tion and have to move it to a market, manner. what we are using. then you have to change the system, Oil and other fossil fuels provide 85 One of the reasons is that much of you have to change the system of mov- percent of all energy use in the United the opposition comes from environ- ing power. Those things change. In- States. The fact is, we still depend on mentalists who only look at things deed, they are changing. coal largely for the development of from one side. This needs to be bal- We have to increase our energy sup- electricity. Quite frankly, we ought to anced. In my State of Wyoming, we are plies, including renewables and alter- depend on it even more because gas is very concerned about the environment. natives. so much more flexible for other uses. We also know that you can have mul- We can do a better job of protecting We are working on ways, with some of tiple use, you can have production, and the environment. I am persuaded. Obvi- the dollars in the bill, to provide clean- you can also take care of the environ- ously, there are some places in our er plants for the production of elec- ment. You don’t just have to say you States that should be set aside—and tricity with coal. That is part of the can’t touch these areas. These are the they are set aside—national parks, wil- overall plan to move forward. kinds of balances we have to find to derness areas, parts of the forests, and Renewables, including hydrogen, cur- really be able to move forward the way this and that. Half of our State land rently provide about 7 percent. Absent we would like to do. belongs to the Federal Government. It hydro, it is only about 3 percent. We I thank Senator DOMENICI and Rep- is public land. We have to find a way to built a building for a company I resentative TAUZIN and their staffs. have alternative uses and to have mul- worked with in Caspar and we used They worked very hard. We worked on tiple use. We intend to do that. it very hard as well, prior to putting it Finally, one of our goals ought to be solar. This was about 15 years ago. together for the Senate and certainly increased national security. What Quite frankly, it did not work. We had from the House side, with a mix of do- could be a more important goal than to remove the solar panels and do mestic production, research and devel- that? Are we going to be dependent on something else. We had to find another opment, incentives to cause these Iraq and Saudi Arabia for our energy? way. Now I think it probably would things to happen, and conservation. We We need to change that. After years of work. We have to move forward. will be better off certainly with the talking about it, this is a good oppor- There is a difference in views depend- passage of this bill and this legislation. tunity to do something. ing on where you are from. The New It has been over a decade in coming. In any bill as complex and as large as Englanders have one point of view; of It has been over 2 years—almost 3 this, there will be items of disagree- course, they use the energy. Some of years—since the President’s office and ment, such as MTBE liability. Of the rest of the country produces as well the Vice President particularly set course, we can talk about that the rest as uses energy. My State produces about to come up with an energy policy of the month. But we ought to give a about 35 percent of the Nation’s coal so we will have some direction on little thought to where we need to be and has the greatest coal reserves of where we are going as the demands in- with energy and whether that is the any place in the United States. We are crease, which they are. There has to be tradeoff necessary to defeat a bill. I sixth or seventh in the production of some way to meet those demands. cannot imagine that tradeoff. We need oil. In gas, we are about fifth. We have The idea that you can suddenly go to to have a balanced approach. That is come up with a methane production op- alternatives and renewables—they what we seek. portunity recently. There has to be a produce now about 3 percent of the There has been a lot of talk about policy that encourages production so total we utilize, notwithstanding the the tax credits. Let me state what they we can move forward. dams and that sort of thing. But air, are for: tax credits for residential en- wind, solar are a very small percent- We have to have investment in the ergy efficiencies; tax credits for pro- age. They have great possibilities for transmission. We find increasingly the ducing electricity from certain renew- the future, but that isn’t going to hap- market is here and the energy use is able sources; tax incentives for fuel-ef- pen next year, or the next year, or even over here. That is a problem in Cali- ficient vehicles; tax credits for effi- 5 years from now. That is what this fornia. California is the biggest user of cient appliances. All the talk of tax thing is all about—to make some energy but that is not the energy de- credits, and that is what they are for. movement. velopment area. We have to move that We have experienced blackouts. We That is how a private sector system energy, whether it is through pipelines have experienced natural gas price gives incentives. or transmission. hikes and all of those kinds of things. For reliability, accelerated deprecia- In the bill we are trying to put to- When that happens, suddenly every- tion of natural gaslines so we can have gether regional transmission organiza- body talks about energy. When that accelerated depreciation for distributions for electric transmissions so the moves away from us, we forget about it tion, electric transmission lines. We States can collectively make some de- again. We really ought to stay on the need reliability to move the energy; cisions with respect to interstate issue. I don’t think we should, nor can open transmission, to be able to deal movement. No Member wants to leave we, wait for another crisis to be able to with the changes taking place in the it all in the hands of FERC, although do something of this kind. development of the energy we have there has to be some opportunity for If there is anything we should have now. FERC. We have to leave some responsi- Production: How to get more produc- learned in the 21st century and the bility there. quality of life that we seek, the idea of tion of gas and oil? Through incentives. We have had a big hassle over stand- creating jobs, the idea of having a vi- Marginal wells, low-production wells, ard market design. This bill puts in a brant economy is very closely en- do not produce. There has to be an in- standard market design as it was de- hanced and tied to reliable energy and centive to continue to produce, to con- signed a couple of years ago. But it a clean environment. Those are the tinue to reintroduce CO2 into the does recognize that FERC still has to goals that we have. We have to mod- ground. These are not to make some- ensure reliability so we do not have ernize conservation to be able to do one wealthy. These are designed to blackouts, to assure the opportunities that job more effectively. cause things to happen. Everyone is in favor of conservation. Suspended income in the percentage for movement of energy among States, But how much have you done in your of depreciation for small producers, which is not always an easy thing to home in terms of having incentives to provide amortization for geophysical do. These are realistic issues. change the equipment you use to make expenses to determine where we have I am surprised sometimes we find so it more conservation-like? Very little. production opportunities for oil and much opposition to ideas. Ideas have to We just want more power at a cheaper gas—these are the items we mean when be here to accomplish our goals. That price. we talk about tax credits. is what a policy is, to have a goal and What have we done to modernize our Yes, there are substantial credits but decide how to get there. I cannot help infrastructure? We see things chang- that is how we move toward domestic but continue to be a little surprised at

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.043 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15123 the difficulty in getting an energy pol- had been reported from the Committee year 2004 that remain available for obliga- icy on the ground. In any bill as com- on Veterans’ Affairs, with an amend- tion; and plicated as this, everyone has a dif- ment to the title and an amendment to ø(3) funds appropriated for Construction, ferent view and everyone can change strike all after the enacting clause and Major Projects, for fiscal year 2004 for a category of activity not specific to a project. things a bit. This has become a collec- inserting in lieu thereof the following: ø tive bill, put together by the House, [Strike the part shown in black TITLE III—PERSONNEL the Senate, Democrats, Republicans, brackets and insert the part shown in øSEC. 301. MODIFICATION OF AUTHORITIES ON APPOINTMENTS OF PERSONNEL IN people from New England, people from italic.] THE VETERANS HEALTH ADMINIS- all over. We have a mixture of ideas. I S. 1156 TRATION. would not have done it exactly this Be it enacted by the Senate and House of Rep- ø(a) POSITIONS TREATABLE AS HYBRID STA- way had I been doing it by myself, but resentatives of the United States of America in TUS POSITIONS.—Section 7401 of title 38, I think it is important to have a policy Congress assembled, United States Code, is amended— to move on, dealing with our demand øSECTION 1. SHORT TITLE. ø(1) in paragraph (2), by striking ‘‘Psy- for energy, and moving in the direction øThis Act may be cited as the ‘‘Depart- chologists’’ and all that follows through ‘‘other scientific’’ and inserting ‘‘Other sci- we want. ment of Veterans Affairs Long-Term Care and Personnel Authorities Enhancement Act entific’’; and In general, this is a good bill. This is of 2003’’. ø(2) by striking paragraph (3) and inserting a bill that moves us forward for energy øTITLE I—EXTENSION AND the following new paragraph (3): ø in the future, the kind of future in ENHANCEMENT OF AUTHORITIES ‘‘(3) Audiologists, speech pathologists, and audiologist-speech pathologists, bio- which we can work on our conservation øSEC. 101. EXTENSION AND MODIFICATION OF methods and, hopefully, reduce the de- CERTAIN HEALTH CARE AUTHORI- medical engineers, certified or registered mands we have—at least the growth TIES. respiratory therapists, dietitians, licensed level we have had in the past—and that ø(a) TREATMENT OF NONINSTITUTIONAL EX- physical therapists, licensed practical or vo- TENDED CARE SERVICES AS MEDICAL SERV- cational nurses, medical instrument techni- we can find alternative fuels. cians, medical records administrators or spe- As we move forward, we are looking ICES.—Section 1701(a)(10)(A) of title 38, United States Code, is amended by striking cialists, medical records technicians, med- now at coal as the basis for hydrogen. ‘‘December 31, 2003’’ and inserting ‘‘Decem- ical technologists, nuclear medicine tech- That can be very important. Imagine if ber 31, 2008’’. nologists, occupational therapists, occupa- we developed hydrogen cars next year ø(b) REQUIRED NURSING HOME CARE.—(1) tional therapy assistants, orthotist- and were ready to go with them as a Subsection (a) of section 1710A of such title prosthetists, pharmacists, pharmacy techni- clean and available source. How long is amended by striking ‘‘70 percent’’ and in- cians, physical therapy assistants, prosthetic would it take to get the delivery sys- serting ‘‘50 percent’’. representatives, psychologists, diagnostic ø radiologic technicians, therapeutic tem in place, to get hydrogen stations (2) Subsection (c) of such section is amended by striking ‘‘December 31, 2003’’ and radiologic technicians, social workers, and instead of gas stations all over the inserting ‘‘December 31, 2008’’. personnel in such other positions as the Sec- country? øSEC. 102. ENHANCED AGREEMENT AUTHORITY retary designates (subject to section When we think about potential FOR PROVISION OF NURSING HOME 7403(f)(4) of this title) for purposes of this changes out there, we have to think CARE AND ADULT DAY HEALTH paragraph as necessary for the medical care about reaching that point. We must CARE IN NON-DEPARTMENT OF VET- of veterans.’’. ERANS AFFAIRS FACILITIES. ø(b) REPORT ON PROPOSAL TO DESIGNATE continue to provide energy as we now øSection 1720 of title 38, United States know it, as we move toward something ADDITIONAL POSITIONS AS HYBRID STATUS PO- Code, is amended— SITIONS.—Section 7403(f) of such title is different. All this talk of more oil and ø(1) in subsection (c)— amended by adding at the end the following gas, we will have renewables. Good ø(A) by designating the existing text as new paragraph: luck. What are we going to do in the 15- paragraph (2); and ø‘‘(4) Not later than 45 days before the date year-period of transition? ø(B) by inserting before paragraph (2), as so on which the Secretary proposes to designate I hope we continue to look at a bal- designated, the following new paragraph (1): a position as a position necessary for the ø‘‘(1) In furnishing nursing home care or anced policy with conservation, alter- medical care of veterans for which appoint- adult day health care under this section, the ment may be made under section 7401(3) of natives, domestic production, research, Secretary may enter into agreements for fur- more cleanliness in production, and so this title, the Secretary shall submit to the nishing such care utilizing such authorities Committees on Veterans’ Affairs of the Sen- on. relating to agreements for the provision of ate and the House of Representatives a re- We will continue, I suppose, to talk services under section 1866 of the Social Se- port on the proposed designation.’’. about this matter for a while. I am dis- curity Act (42 U.S.C. 1395cc) that the Sec- ø(c) TEMPORARY, PART-TIME, AND WITHOUT appointed that apparently there is retary considers appropriate.’’; and COMPENSATION APPOINTMENTS.—Section 7405 ø going to be a reluctance to let us move (2) in subsection (f)(1)(B), by inserting ‘‘or of such title is amended— agreement’’ after ‘‘contract’’ each place it ø(1) in subsection (a)— forward with it as quickly as we appears. should. We are trying to complete some ø(A) in paragraph (1), by striking subpara- øTITLE II—CONSTRUCTION business this week, and yet it is going graphs (B) and (C) and inserting the fol- AUTHORIZATION lowing new subparagraphs: to be very difficult to do that. øSEC. 201. AUTHORIZATION OF MAJOR MEDICAL ø‘‘(B) Positions listed in section 7401(3) of f FACILITY PROJECTS. this title. øThe Secretary of Veterans Affairs may ø‘‘(C) Librarians.’’; and VETERANS HEALTH CARE AU- carry out the following major medical facil- ø(B) in paragraph (2), by striking subpara- THORITIES EXTENSION AND IM- ity projects, with each project to be carried graph (B) and inserting the following new PROVEMENT ACT OF 2003 out in an amount not to exceed the amount subparagraph (B): Mr. THOMAS. Madam President, I specified for that project: ø‘‘(B) Positions listed in section 7401(3) of ø(1) Construction of a long-term care facil- ask unanimous consent that the Sen- this title.’’; and ity in Lebanon, Pennsylvania, $14,500,000. ø(2) in subsection (c)(1), by striking ‘‘sec- ate now proceed to the immediate con- ø(2) Construction of a long-term care facil- tion 7401(1)’’ and inserting ‘‘paragraphs (1) sideration of Calendar No. 383, S. 1156. ity in Beckley, West Virginia, $20,000,000. and (3) of section 7401’’. The PRESIDING OFFICER. The øSEC. 202. AUTHORIZATION OF APPROPRIATIONS. ø(d) AUTHORITY FOR ADDITIONAL PAY FOR clerk will report the bill by title. ø(a) IN GENERAL.—There are authorized to CERTAIN HEALTH CARE PROFESSIONALS.—Sec- The assistant legislative clerk read be appropriated for the Secretary of Vet- tion 7454(b)(1) of such title is amended by as follows: erans Affairs for fiscal year 2004 for the Con- striking ‘‘certified or registered’’ and all that follows through ‘‘occupational thera- A bill (S. 1156) to amend title 38, United struction, Major Projects, account, a total of pists,’’ and inserting ‘‘individuals in posi- States Code, to improve and enhance the $34,500,000 for the projects authorized in tions listed in section 7401(3) of this title,’’. provision of long-term health care for vet- paragraphs (1) and (2) of section 201. ø(b) LIMITATION.—The projects authorized ø erans by the Department of Veterans Affairs, SEC. 302. COVERAGE OF EMPLOYEES OF VET- in section 201 may only be carried out to enhance and improve authorities relating ERANS’ CANTEEN SERVICE UNDER using— ADDITIONAL EMPLOYMENT LAWS. to the administration of personnel of the De- ø(1) funds appropriated for fiscal year 2004 øSection 7802(5) is amended by inserting partment of Veterans Affairs, and for other pursuant to the authorization of appropria- before the semicolon the following: ‘‘. Em- purposes. tions in subsection (a); ployees and personnel under this clause may There being no objection, the Senate ø(2) funds appropriated for Construction, be considered for appointment in Depart- proceeded to consider the bill, which Major Projects, for a fiscal year before fiscal ment positions in the competitive service in

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.046 S19PT1 S15124 CONGRESSIONAL RECORD — SENATE November 19, 2003 the same manner that Department employ- Sec. 2. References to title 38, United States pressed in terms of an amendment to, or repeal ees in the competitive service are considered Code. of, a section or other provision, the reference for transfer to such positions. An employee TITLE I—EXTENSION AND MODIFICATION shall be considered to be made to a section or or individual appointed as personnel under OF CERTAIN HEALTH CARE AUTHORITIES other provision of title 38, United States Code. this clause who is appointed to a Department Sec. 101. Extension and modification of certain TITLE I—EXTENSION AND MODIFICATION position under the authority of the preceding health care authorities. OF CERTAIN HEALTH CARE AUTHORITIES sentence shall be treated as having a career Sec. 102. Enhanced agreement authority for SEC. 101. EXTENSION AND MODIFICATION OF appointment in such position once such em- provision of nursing home care CERTAIN HEALTH CARE AUTHORI- ployee or individual meets the three-year re- and adult day health care in non- TIES. quirement for career tenure (with any pre- Department of Veterans Affairs (a) TREATMENT OF NONINSTITUTIONAL EX- vious period of employment or appointment facilities. TENDED CARE SERVICES AS MEDICAL SERVICES.— in the Service being counted toward satisfac- Sec. 103. Expansion of pilot program of Depart- Section 1701(10)(A) is amended by striking ‘‘De- tion of such requirement)’’. ment of Veterans Affairs on as- cember 31, 2003’’ and inserting ‘‘December 31, ø SEC. 303. EFFECTIVE DATE OF MODIFICATION sisted living for veterans. 2008’’. OF TREATMENT FOR RETIREMENT Sec. 104. Improvement of program for provision (b) REQUIRED NURSING HOME CARE.—Section ANNUITY PURPOSES OF CERTAIN of specialized mental health serv- 1710A(c) is amended by striking ‘‘December 31, PART-TIME SERVICE OF CERTAIN 2003’’ and inserting ‘‘December 31, 2008’’. DEPARTMENT OF VETERANS AF- ices to veterans. SEC. 102. ENHANCED AGREEMENT AUTHORITY FAIRS HEALTH-CARE PROFES- TITLE II—CONSTRUCTION AND FACILITIES SIONALS. FOR PROVISION OF NURSING HOME MATTERS CARE AND ADULT DAY HEALTH CARE ø(a) EFFECTIVE DATE.—The effective date Subtitle A—Construction Authorities IN NON-DEPARTMENT OF VETERANS of the amendment made by section 132 of the AFFAIRS FACILITIES. Sec. 201. Increase in threshold for major med- Department of Veterans Affairs Health Care Section 1720 is amended— ical facility construction projects. Programs Enhancement Act of 2001 (Public (1) in subsection (c)— Law 107–135; 115 Stat. 2454) shall be as fol- Sec. 202. Demolition of obsolete, dilapidated, (A) by designating the existing text as para- lows: and hazardous structures on De- graph (2); and ø(1) January 23, 2002, in the case of health partment of Veterans Affairs (B) by inserting before paragraph (2), as so care professionals referred to in subsection property. designated, the following new paragraph (1): (c) of section 7426 of title 38, United States Subtitle B—Construction Authorizations ‘‘(1) In furnishing nursing home care, adult Code (as so amended), who retire on or after Sec. 211. Authorization of major medical facil- day health care, or other extended care services that date. ity projects. under this section, the Secretary may enter into ø(2) The date of the enactment of this Act, Sec. 212. Authorization of major medical facil- agreements for furnishing such care or services in the case of health care professionals re- ity leases. utilizing such authorities relating to agreements ferred to in such subsection (c) who retired Sec. 213. Authorization of appropriations. for the provision of services under section 1866 before January 23, 2002, but after April 7, of the Social Security Act (42 U.S.C. 1395cc) as Subtitle C—Designation of Facilities 1986. the Secretary considers appropriate.’’; and ø(b) RECOMPUTATION OF ANNUITY.—The Of- Sec. 221. Designation of Department of Vet- (2) in subsection (f)(1)(B), by inserting ‘‘or fice of Personnel Management shall recom- erans Affairs outpatient clinic, agreement’’ after ‘‘contract’’ each place it ap- pute the annuity of each health-care profes- Horsham, Pennsylvania. pears. sional described in the first sentence of sub- Sec. 222. Designation of Department of Vet- SEC. 103. EXPANSION OF PILOT PROGRAM OF DE- section (c) of section 7426 of title 38, United erans Affairs health care facility, PARTMENT OF VETERANS AFFAIRS States Code (as so amended), who retired be- Chicago, Illinois. ON ASSISTED LIVING FOR VET- fore January 23, 2002, but after April 7, 1986, Sec. 223. Designation of Department of Vet- ERANS. in order to take into account the amendment erans Affairs Medical Center, Section 103(b) of the Veterans Millennium made by section 132 of the Department of Houston, Texas. Health Care and Benefits Act (Public Law 106– Veterans Affairs Health Care Programs En- Sec. 224. Designation of Department of Vet- 117; 113 Stat. 1552; 38 U.S.C. 1710B note) is hancement Act of 2001. Such recomputation erans Affairs Medical Center, amended— shall be effective only with respect to annu- Minneapolis, Minnesota. (1) by striking ‘‘LOCATION OF PILOT PRO- ities paid after the date of the enactment of TITLE III—PERSONNEL MATTERS GRAM.—’’ and inserting ‘‘LOCATIONS OF PILOT this Act, and shall apply beginning the first PROGRAM.—(1)’’; and Sec. 301. Modification of authority on appoint- (2) by adding at the end the following new day of the first month beginning after the ments of personnel in the Vet- date of the enactment of this Act. paragraph: erans Health Administration. ‘‘(2)(A) In the addition to the health care re- ø SEC. 304. PERMANENT AUTHORITY FOR USE OF Sec. 302. Coverage of employees of Veterans’ gion of the Department selected for the pilot CONTRACT PHYSICIANS FOR DIS- Canteen Service under additional ABILITY EXAMINATIONS. program under paragraph (1), the Secretary employment laws. may also carry out the pilot program in not ø(a) PERMANENT AUTHORITY.—Section 504 of Sec. 303. Effective date of modification of treat- the Veterans’ Benefits Improvements Act of more than one additional designated health care ment for retirement annuity pur- region of the Department selected by the Sec- 1996 (Public Law 104–275; 110 Stat. 3341; 38 poses of certain part-time service U.S.C. 5101 note) is amended— retary for purposes of this section. of certain Department of Veterans ‘‘(B) Notwithstanding subsection (f), the au- ø(1) in subsection (a), by striking ‘‘may Affairs health-care professionals. conduct a pilot program’’ and all that fol- thority of the Secretary to provide services TITLE IV—OTHER MATTERS lows through ‘‘may be made by’’ and insert- under the pilot program in a health care region ing ‘‘may carry out examinations with re- Subtitle A—Capital Asset Realignment for of the Department selected under subparagraph spect to the medical disability of applicants Enhanced Services Initiative (A) shall cease on the date that is three years for benefits under the laws administered by Sec. 401. Advance notification of capital asset after the commencement of the provision of serv- the Secretary through’’; and realignment initiative. ices under the pilot program in the health care ø(2) in subsection (c), by striking ‘‘the pilot Sec. 402. Authorization of major construction region.’’. program under’’. projects in connection with cap- SEC. 104. IMPROVEMENT OF PROGRAM FOR PRO- VISION OF SPECIALIZED MENTAL ø(b) REPEAL OF LIMITATION AND OBSOLETE ital asset realignment initiative. HEALTH SERVICES TO VETERANS. AUTHORITY.—That section is further amend- Subtitle B—Extension of Other Authorities (a) INCREASE IN FUNDING.—Subsection (c) of ed— Sec. 411. Three-year extension of housing as- section 116 of the Veterans Millennium Health ø(1) by striking subsections (b) and (d); and sistance for homeless veterans. Care and Benefits Act (Public Law 106–117; 113 ø(2) by redesignating subsection (c), as Sec. 412. Four-year extension of evaluation of Stat. 1559; 38 U.S.C. 1712A note) is amended— amended by subsection (a) of this section, as health status of spouses and chil- (1) in paragraph (1), by striking ‘‘$15,000,000’’ subsection (b). dren of Persian Gulf War vet- and inserting ‘‘$25,000,000 in each of fiscal years ø(c) CONFORMING AMENDMENT.—The head- erans. 2004, 2005, and 2006’’; ing for that section is amended to read as (2) in paragraph (2), by striking ‘‘$15,000,000’’ follows: Subtitle C—Other Matters and inserting ‘‘$25,000,000’’; and ø‘‘SEC. 504. AUTHORITY FOR USE OF CONTRACT Sec. 421. Modification of eligibility of Filipino (3) in paragraph (3)— PHYSICIANS FOR DISABILITY EXAMI- veterans for health care in the (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and ¿ NATIONS.’’. United States. (B) by adding at the end the following new SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 422. Repeal of limits on terms of certain of- subparagraph: (a) SHORT TITLE.—This Act may be cited as ficials in Office of Under Sec- ‘‘(B) For purposes of this paragraph, in fiscal the ‘‘Veterans Health Care Authorities Exten- retary for Health. years 2004, 2005, and 2006, the fiscal year uti- sion and Improvement Act of 2003’’. SEC. 2. REFERENCES TO TITLE 38, UNITED lized to determine the baseline amount shall be (b) TABLE OF CONTENTS.—The table of con- STATES CODE. fiscal year 2003.’’. tents for this Act is as follows: Except as otherwise expressly provided, when- (b) ALLOCATION OF FUNDS.—Subsection (d) of Sec. 1. Short title; table of contents. ever in this Act an amendment or repeal is ex- that section is amended—

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 6333 E:\CR\FM\A19NO6.002 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15125 (1) by striking ‘‘The Secretary’’ and inserting (1) Lease for the relocation and expansion of ulation, map, document, record, or other paper ‘‘(1) In each of fiscal years 2004, 2005, and 2006, a health administration center, Denver, Colo- of the United States shall be considered to be a the Secretary’’; and rado, in an amount not to exceed $4,080,000. reference to the Paul Wellstone Department of (2) by adding at the end the following new (2) Lease for an outpatient clinic extension or Veterans Affairs Medical Center. paragraphs: for sharing of Department of Veterans Affairs TITLE III—PERSONNEL MATTERS ‘‘(2) In allocating funds to facilities in a fiscal and Department of Defense resources, Pensa- SEC. 301. MODIFICATION OF AUTHORITY ON AP- year under paragraph (1), the Secretary shall cola, Florida, in an amount not to exceed POINTMENTS OF PERSONNEL IN THE ensure that— $3,800,000. VETERANS HEALTH ADMINISTRA- ‘‘(A) not less than $10,000,000 is allocated by (3) Lease of an outpatient clinic extension, TION. direct grants to programs that are identified by Boston, Massachusetts, in an amount not to ex- Section 7401 is amended— the Mental Health Strategic Health Care Group ceed $2,879,000. (1) in paragraph (2), by striking ‘‘Psycholo- and the Committee on Care of Severely Chron- (4) Lease of a satellite outpatient clinic, Char- gists’’ and all that follows through ‘‘dietitians,’’ ically Mentally Ill Veterans; lotte, North Carolina, in an amount not to ex- and inserting ‘‘Dietitians,’’; and ‘‘(B) not less than $5,000,000 is allocated for ceed $2,626,000. (2) in paragraph (3)— programs on post-traumatic stress disorder; and SEC. 213. AUTHORIZATION OF APPROPRIATIONS. (A) by inserting ‘‘other psychologists,’’ after ‘‘(C) not less than $5,000,000 is allocated for (a) IN GENERAL.—There are authorized to be ‘‘approved by the Secretary,’’; and programs on substance abuse disorder. appropriated for the Secretary of Veterans Af- (B) by striking ‘‘and occupational therapists’’ ‘‘(3) The Secretary shall provide that the fairs for fiscal year 2004— and inserting ‘‘occupational therapists, funds to be allocated under this section during (1) for the Construction, Major Projects, ac- kinesiologists, and social workers’’. each of fiscal years 2004, 2005, and 2006 are count, a total of $34,500,000 for the projects au- SEC. 302. COVERAGE OF EMPLOYEES OF VET- funds for a special purpose program for which thorized in section 211; and ERANS’ CANTEEN SERVICE UNDER ADDITIONAL EMPLOYMENT LAWS. funds are not allocated through the Veterans (2) for the Medical Care account, a total of Section 7802(5) is amended by inserting before Equitable Resource Allocation system.’’. $13,385,000 for the leases authorized in section the semicolon the following: ‘‘. Employees and TITLE II—CONSTRUCTION AND 212. personnel under this clause may be considered FACILITIES MATTERS (b) LIMITATION.—The projects authorized in for appointment in Department positions in the section 211 may only be carried out using— Subtitle A—Construction Authorities competitive service in the same manner that De- (1) funds appropriated for fiscal year 2004 SEC. 201. INCREASE IN THRESHOLD FOR MAJOR partment employees in the competitive service pursuant to the authorization of appropriations MEDICAL FACILITY CONSTRUCTION are considered for transfer to such positions. An PROJECTS. in subsection (a); employee or individual appointed as personnel Section 8104(a)(3)(A) is amended by striking (2) funds appropriated for Construction, under this clause who is appointed to a Depart- ‘‘$4,000,000’’ and inserting ‘‘$9,000,000’’. Major Projects, for a fiscal year before fiscal ment position under the authority of the pre- SEC. 202. DEMOLITION OF OBSOLETE, DILAPI- year 2004 that remain available for obligation; and ceding sentence shall be treated as having a ca- DATED, AND HAZARDOUS STRUC- reer appointment in such position once such em- TURES ON DEPARTMENT OF VET- (3) funds appropriated for Construction, ERANS AFFAIRS PROPERTY. Major Projects, for fiscal year 2004 for a cat- ployee or individual meets the three-year re- (a) IN GENERAL.—Chapter 81 is amended by egory of activity not specific to a project. quirement for career tenure (with any previous adding at the end the following new subchapter: period of employment or appointment in the Subtitle C—Designation of Facilities Service being counted toward satisfaction of ‘‘SUBCHAPTER VI—OTHER MATTERS SEC. 221. DESIGNATION OF DEPARTMENT OF VET- such requirement)’’. ‘‘§ 8171. Demolition of obsolete, dilapidated, ERANS AFFAIRS OUTPATIENT CLIN- SEC. 303. EFFECTIVE DATE OF MODIFICATION OF and hazardous structures IC, HORSHAM, PENNSYLVANIA. TREATMENT FOR RETIREMENT AN- ‘‘(a) ESTABLISHMENT OF FUND.—There is es- The Department of Veterans Affairs out- NUITY PURPOSES OF CERTAIN PART- tablished in the Treasury a fund to be known as patient clinic located in Horsham, Pennsyl- TIME SERVICE OF CERTAIN DEPART- the Department of Veterans Affairs Facilities vania, shall after the date of the enactment of MENT OF VETERANS AFFAIRS Demolition Fund. this Act be known and designated as the ‘‘Vic- HEALTH-CARE PROFESSIONALS. (a) EFFECTIVE DATE.—The effective date of ‘‘(b) ELEMENTS OF FUND.—The fund shall con- tor J. Saracini Department of Veterans Affairs sist of the following: Outpatient Clinic’’. Any reference to such out- the amendment made by section 132 of the De- ‘‘(1) Amounts authorized to be appropriated to patient clinic in any law, regulation, map, doc- partment of Veterans Affairs Health Care Pro- the fund. ument, record, or other paper of the United grams Enhancement Act of 2001 (Public Law ‘‘(2) Any other amounts deposited or trans- States shall be considered to be a reference to 107–135; 115 Stat. 2454) shall be as follows: ferred to the fund by law. the Victor J. Saracini Department of Veterans (1) January 23, 2002, in the case of health care ‘‘(c) AVAILABILITY OF AMOUNTS IN FUND.— Affairs Outpatient Clinic. professionals referred to in subsection (c) of section 7426 of title 38, United States Code (as so Subject to the provisions of appropriations Acts, SEC. 222. DESIGNATION OF DEPARTMENT OF VET- amounts in the fund shall be available to the ERANS AFFAIRS HEALTH CARE FA- amended), who retire on or after that date. Secretary for the purpose of the demolition and CILITY, CHICAGO, ILLINOIS. (2) The date of the enactment of this Act, in removal, whether in whole or in part, of obso- The Department of Veterans Affairs health the case of health care professionals referred to lete, dilapidated, or hazardous structures on De- care facility located at 820 South Damen Avenue in such subsection (c) who retired before Janu- partment property.’’. in Chicago, Illinois, shall after the date of the ary 23, 2002, but after April 7, 1986. (b) RECOMPUTATION OF ANNUITY.—The Office (b) CLERICAL AMENDMENT.—The table of sec- enactment of this Act be known and designated of Personnel Management shall recompute the tions at the beginning of chapter 81 is amended as the ‘‘Jesse Brown Department of Veterans Af- annuity of each health-care professional de- by adding at the end the following: fairs Medical Center’’. Any reference to such fa- scribed in the first sentence of subsection (c) of cility in any law, regulation, map, document, ‘‘SUBCHAPTER VI—OTHER MATTERS section 7426 of title 38, United States Code (as so record, or other paper of the United States shall amended), who retired before January 23, 2002, ‘‘8171. Demolition of obsolete, dilapidated, and be considered to be a reference to the Jesse but after April 7, 1986, in order to take into ac- hazardous structures.’’. Brown Department of Veterans Affairs Medical count the amendment made by section 132 of the (c) AUTHORIZATION OF APPROPRIATIONS.— Center. There is authorized to be appropriated for the Department of Veterans Affairs Health Care Department of Veterans Affairs for fiscal year SEC. 223. DESIGNATION OF DEPARTMENT OF VET- Programs Enhancement Act of 2001. Such re- ERANS AFFAIRS MEDICAL CENTER, 2004, $25,000,000 for deposit in the Department of HOUSTON, TEXAS. computation shall be effective only with respect to annuities paid after the date of the enact- Veterans Affairs Facilities Demolition Fund es- The Department of Veterans Affairs Medical ment of this Act, and shall apply beginning the tablished by section 8171 of title 38, United Center in Houston, Texas, shall after the date of first day of the first month beginning after the States Code, as added by this section. the enactment of this Act be known and des- date of the enactment of this Act. Subtitle B—Construction Authorizations ignated as the ‘‘Michael E. DeBakey Depart- SEC. 211. AUTHORIZATION OF MAJOR MEDICAL ment of Veterans Affairs Medical Center’’. Any TITLE IV—OTHER MATTERS FACILITY PROJECTS. reference to such facility in any law, regulation, Subtitle A—Capital Asset Realignment for The Secretary of Veterans Affairs may carry map, document, record, or other paper of the Enhanced Services Initiative out the following major medical facility projects, United States shall be considered to be a ref- SEC. 401. ADVANCE NOTIFICATION OF CAPITAL with each project to be carried out in an amount erence to the Michael E. DeBakey Department ASSET REALIGNMENT INITIATIVE. not to exceed the amount specified for that of Veterans Affairs Medical Center. (a) REQUIREMENT FOR ADVANCE NOTIFICA- project: SEC. 224. DESIGNATION OF DEPARTMENT OF VET- TION.—Before taking any action proposed under (1) Construction of a long-term care facility in ERANS AFFAIRS MEDICAL CENTER, the Capital Asset Realignment for Enhanced Lebanon, Pennsylvania, $14,500,000. MINNEAPOLIS, MINNESOTA. Services initiative of the Department of Veterans (2) Construction of a long-term care facility in The Department of Veterans Affairs Medical Affairs, the Secretary of Veterans Affairs shall Beckley, West Virginia, $20,000,000. Center in Minneapolis, Minnesota, shall after submit to Congress a written notification of the SEC. 212. AUTHORIZATION OF MAJOR MEDICAL the date of the enactment of this Act be known intent to take such action. FACILITY LEASES. and designated as the ‘‘Paul Wellstone Depart- (b) LIMITATION.—The Secretary may not take The Secretary of Veterans Affairs may enter ment of Veterans Affairs Medical Center’’. Any any proposed action described in subsection (a) into leases for medical facilities as follows: reference to such medical center in any law, reg- until the later of—

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 6333 E:\CR\FM\A19NO6.002 S19PT1 S15126 CONGRESSIONAL RECORD — SENATE November 19, 2003 (1) the expiration of the 60-day period begin- a cancellation payment to be made to the con- This bill, as so amended, incorporates ning on the date on which the Secretary submits tractor if such appropriations are not made. agreements reached between the Sen- to Congress the notification of the proposed ac- (e) FUNDING.—To carry out major construc- ate Committee on Veterans’ Affairs, tion projects under the Capital Asset Realign- tion required under subsection (a); or which I am privileged to chair, and our (2) the expiration of a period of 30 days of ment for Enhanced Services initiative, the Sec- continuous session of Congress beginning on retary may use any combination of funds appro- counterpart committee in the House of such date of notification or, if either House of priated for such initiative and funds available Representatives, on legislation relat- Congress is not in session on such date, the first to the Secretary for major construction. ing to the provision of health care serv- day after such date that both Houses of Con- (f) MAJOR CONSTRUCTION PROJECT DEFINED.— ices by the Department of Veterans Af- gress are in session. In this section, the term ‘‘major construction fairs. I thank the Ranking Member, (c) CONTINUOUS SESSION OF CONGRESS.—For project’’ means a major medical facility project, Senator GRAHAM of Florida, and the the purposes of subsection (b)— as that term is defined in section 8104(a)(3)(A) of Chairman and Ranking Member of the title 38, United States Code, as amended by sec- (1) the continuity of session of Congress is House Committee on Veterans Affairs, broken only by an adjournment of Congress sine tion 201 of this Act. Representative CHRIS SMITH of New die; and Subtitle B—Extension of Other Authorities Jersey and Representative LANE EVANS (2) the days on which either House is not in SEC. 411. THREE-YEAR EXTENSION OF HOUSING session because of an adjournment of more than ASSISTANCE FOR HOMELESS VET- of Illinois, for their advocacy for vet- three days to a day certain are excluded in the ERANS. erans and for their cooperation in recomputation of any period of time in which Section 2041(c) is amended by striking ‘‘De- solving issues raised by the bills con- Congress is in continuous session. cember 31, 2003’’ and inserting ‘‘December 31, sidered in our respective bodies. Inas- SEC. 402. AUTHORIZATION OF MAJOR CONSTRUC- 2006’’. much as S. 1156, as reported by the TION PROJECTS IN CONNECTION SEC. 412. FOUR-YEAR EXTENSION OF EVALUA- Committee on Veterans’ Affairs, itself WITH CAPITAL ASSET REALIGNMENT TION OF HEALTH STATUS OF INITIATIVE. SPOUSES AND CHILDREN OF PER- incorporated provisions drawn from (a) AUTHORITY TO CARRY OUT MAJOR CON- SIAN GULF WAR VETERANS. nine separate Senate bills, S. 1156 as STRUCTION PROJECTS.—Subject to subsection (b), Section 107(b) of the Persian Gulf War Vet- presented to the Senate today is prop- the Secretary of Veterans Affairs may carry out erans’ Benefits Act (title I of Public Law 103– erly viewed as a bill that incorporates major construction projects, and plan for such 446; 38 U.S.C. 1117 note) is amended by striking provisions from 14 separate pieces of projects, as outlined in the final report of the ‘‘December 31, 2003’’ and inserting ‘‘December legislation. A bill containing such a Capital Asset Realignment for Enhanced Serv- 31, 2007’’. range of material would not have been ices Commission and approved by the Secretary. Subtitle C—Other Matters knitted together, as this one has been, (b) LIMITATION.—The Secretary may not exer- SEC. 421. MODIFICATION OF ELIGIBILITY OF FILI- cise the authority in subsection (a) until 60 days PINO VETERANS FOR HEALTH CARE without a spirit of cooperation and bi- after the date of the submittal of the report re- IN THE UNITED STATES. partisanship from the other body. The quired by subsection (c). The text of section 1734 is amended to read as Ranking Member, Senator GRAHAM of (c) REPORT ON PROPOSED MAJOR CONSTRUC- follows: Florida, and I appreciate the leadership TION PROJECTS.—(1) The Secretary shall submit ‘‘(a) The Secretary shall, within the limits of of the House Committee on Veterans to the Committees on Veterans’ Affairs of the Department facilities, furnish hospital and Affairs. Senate and House of Representatives a report nursing home care and medical services to an Since this is a lengthy bill—over 50 describing the major construction projects the individual described in subsection (b) in the Secretary proposes to carry out in connection same manner as provided for under section 1710 pages—I will not endeavor in this with the Capital Asset Realignment for En- of this title. statement to explain in detail each and hanced Services initiative. ‘‘(b) An individual described in this subsection every provision. Rather, I will discuss (2) The report shall list each proposed major is any individual who is residing in the United the highlights briefly in this state- construction project in order of priority, with States and is a citizen of, or an alien lawfully ment, and refer my colleagues to a such priority determined in the order as follows: admitted for permanent residence in, the United Joint Explanatory Statement, which I (A) The use of the facility to be constructed or States as follows: ask be incorporated into the RECORD as altered as a replacement or enhancement facility ‘‘(1) A Commonwealth Army veteran. necessitated by the loss, closure, or other divest- ‘‘(2) A new Philippine Scout.’’. if read, for a detailed explanation of ment of major infrastructure or clinical space at SEC. 422. REPEAL OF LIMITS ON TERMS OF CER- the bill as amended. a Department of Veterans Affairs medical facil- TAIN OFFICIALS IN OFFICE OF The starting point for S. 1156, as pre- ity currently in operation, as determined by the UNDER SECRETARY FOR HEALTH. sented to the Senate today, was S. 1156, Secretary. Section 7306 is amended— the proposed Veterans’ Health Care Au- (B) The use of such facility to provide tertiary (1) by striking subsection (d); and (2) by redesignating subsections (e) and (f) as thorities Extension and Improvement and acute care services to a population that is subsections (d) and (e), respectively. Act of 2003. That bill was marked up by determined under the Capital Asset Realignment Amend the title to read as follows: ‘‘A bill the Senate Committee on Veterans’ Af- for Enhanced Services initiative to be in need of to amend title 38, United States Code, to im- fairs on September 30, 2003, and re- such facility and not currently served by such prove and enhance the provision of long-term ported on November 10, 2003. S. 1156, as facility. health care for veterans by the Department (C) The use of such facility as an outpatient reported, contained a number of ele- of Veterans Affairs, to enhance and improve ments; its key provisions would have clinic to provide basic care services to a popu- authorities relating to the administration of lation of veterans in need of such services, as personnel of the Department of Veterans Af- extended mandates that VA provide determined by the Secretary. fairs, to authorize major construction nursing home care and outpatient- (D) The need for such facility to further an projects for the Department of Veterans Af- based long term care services to our enhanced-use lease or sharing agreement. fairs, and for other purposes.’’. senior veterans; improved VA assisted (E) Any other factors that the Secretary considers to be of importance in providing care to Mr. SPECTER. Madam President, I living and mental health programs; eligible veterans. have sought recognition today to ex- modified VA personnel provisions re- (3) In developing the list of projects and ac- plain briefly the provisions of S. 1156, lating to non-physician providers of cording a priority to each project, the Secretary the proposed Veterans Health Care, healthcare services and employees of should consider the importance of allocating Capital Asset, and Business Improve- VA’s Veterans Canteen Service; and available resources equitably among the re- ment Act of 2003, as the ranking mem- authorized major medical facility gional health care networks of the Department ber of the Committee on Veterans Af- projects and projects related to VA’s and take into account recent shifts in popu- fairs, Senator GRAHAM of Florida, and I lations of veterans among such regional health Capital Assets Realignment for En- care networks. propose be amended to incorporate pro- hanced Services, CARES, initiative. (d) MULTIYEAR CONTRACT AUTHORITY.—To visions contained in S. 1156 as reported Each and all of these provisions, with the extent that funds are otherwise available for by the Committee on Veterans Affairs some modifications as appropriate, are obligation, the Secretary may enter into a on November 10, 2003, and also to con- contained in S. 1156 as presented to the multiyear contract for a major construction tain provisions derived from H.R. 1720, Senate today. project under this section. The period of such a passed by the House on October 29, 2003, The major change between the bill, multiyear contract may not exceed five program H.R. 2357, passed by the House on July as reported, and the current bill is the years. If a multiyear contract under this sub- 21, 2003, H.R. 2433, passed by the House addition of provisions contained in section is not fully funded when entered into, the contract shall provide that performance on September 10, 2003, H.R. 3260, passed House-passed legislation. House-ap- under the contract during the second and subse- by the House on October 8, 2003, and proved provisions incorporated into the quent years of the contract is contingent upon H.R. 3387, passed by the House October bill would allow radiation-exposed vet- the appropriation of funds and may provide for 29, 2003. erans higher priority access to VA

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.002 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15127 health care; exempt former prisoners- patient dental care, irrespective of the num- House Bill of-war from pharmaceutical copay- ber of days held captive, and would exempt Section 3 of H.R. 3387 would authorize the ments; create in VA an Office of Re- former POWs from the requirement to make Secretary to provide therapeutic employ- search Oversight; authorize VA to copayments on outpatient prescription medi- ment support services (i.e., skills training cations. allow ‘‘Saturday premium pay’’ to li- and development services, employment sup- censed practical nurses and nursing as- Compromise Agreement port services, and job development and placement services) to patients in need of re- sistants; and authorize additional need- Section 101 of the Compromise Agreement follows the House language. habilitation for mental health disorders, ined VA construction projects. All of cluding serious mental illness and substance these added provisions are constructive PROVISION OF HEALTH CARE TO VETERANS WHO use disorders. and useful. PARTICIPATED IN CERTAIN DEPARTMENT OF Section 3 of H.R. 3387 would also authorize I ask that my colleagues in the Sen- DEFENSE CHEMICAL AND BIOLOGICAL WAR- VA to use funds in the Special Therapeutic ate approve this legislation. It is good FARE TESTING and Rehabilitation Activities Fund (STRAF) bipartisan legislation that is supported Current Law authorized under section 1718(c) of title 38, by VA’s extraordinary Secretary, the There is no comparable provision in cur- United States Code, to furnish such thera- Honorable Anthony J. Principi, and by rent law. peutic employment support services. the major veterans service organiza- Senate Bill Compromise Agreement tions. The Senate bill contains no comparable Section 104 of the Compromise Agreement I ask unanimous consent that the provision. follows the House language. ENHANCED AGREEMENT AUTHORITY FOR PROVI- Joint Explanatory Statement that ac- House Bill companies my statement today be SION OF NURSING HOME CARE AND ADULT DAY Section 2 of H.R. 2433, as amended, would HEALTH CARE IN CONTRACT FACILITIES printed in the RECORD. authorize the Department of Veterans Af- Current Law There being no objection, the mate- fairs (hereinafter ‘‘VA’’ or ‘‘Department’’) to rial was ordered to be printed in the provide higher priority health care to vet- Section 1720 of title 38, United States Code, erans who participated in Project Shipboard authorizes VA to contract for the provision RECORD, as follows: of nursing home care and adult day health EXPLANATORY STATEMENT ON S. 1156, AS Hazard and Defense (SHAD), Project 112 or related land-based tests conducted by the care for certain veterans and members of the AMENDED—VETERANS HEALTH CARE, CAP- Armed Forces. ITAL ASSET, AND BUSINESS IMPROVEMENT Department of Defense Desert Test Center, Senate Bill ACT OF 2003 from 1962 through 1973, without those veterans needing an adjudicated service-con- Section 102 of the Senate bill would expand S. 1156, as amended, the Veterans Health nected disability to establish their priority VA’s authority to enter into relationships Care, Capital Asset, and Business Improve- for care. based upon ‘‘provider agreements’’ with Cen- ment Act of 2003, (hereinafter, ‘‘Compromise ters for Medicare and Medicaid Services Agreement’’) reflects a negotiated agree- Compromise Agreement (CMS)-certified, small, community-based ment reached by the Senate and House of Section 102 of the Compromise Agreement nursing homes and non-institutional ex- Representatives Committees on Veterans’ follows the House language. tended care providers, by permitting VA to Affairs concerning provisions in a number of ELIGIBILITY FOR DEPARTMENT OF VETERANS use provider agreements similar to those bills considered by the House and Senate AFFAIRS HEALTH CARE FOR CERTAIN FILIPINO during the 1st session of the 108th Congress. used by CMS. WORLD WAR II VETERANS RESIDING IN THE House Bill The measures considered in this compromise UNITED STATES are: S. 1156, as amended, as reported by the The House bills contain no comparable pro- Senate Committee on Veterans’ Affairs on Current Law vision. November 10, 2003 (hereinafter, ‘‘Senate Section 1734 of title 38, United States Code, Compromise Agreement bill’’); S. 1815 introduced on November 4, establishes that veterans of the Common- Section 105 of the Compromise Agreement 2003; H.R. 2357, as amended, passed the House wealth Army and New Philippine Scouts re- generally follows the Senate language. on July 21, 2003; H.R. 2433, as amended, siding legally in the United States are eligi- FIVE-YEAR EXTENSION OF PERIOD FOR PROVI- passed the House on September 10, 2003; H.R. ble for VA health care services for the treat- SION OF NONINSTITUTIONAL EXTENDED-CARE 1720, as amended, passed the House on Octo- ment of service-connected disabilities and, in SERVICES AND REQUIRED NURSING HOME CARE ber 29, 2003; H.R. 3260, as introduced in the the case of Commonwealth Army veterans, House on October 8, 2003; and H.R. 3387, as infor non service-connected conditions if they Current Law troduced in the House on October 29, 2003 are in receipt of disability compensation. Section 1701(10)(A) of title 38, United (hereinafter, ‘‘House bills’’). Senate Bill States Code, requires VA to provide non- The House and Senate Committees on Vet- institutional extended care services to en- erans’ Affairs have prepared the following Section 421 of the Senate bill contains a rolled veterans. In addition, section 1710A(c) explanation of the Compromise Agreement. similar provision. of title 38, United States Code, requires VA Differences between the provisions contained House Bill to provide nursing home care to high-pri- in the Compromise Agreement and the re- Section 3 of H.R. 2357, as amended, would ority veterans in need of care. lated provisions of the Senate bill and the authorize VA health care for additional Senate Bill House bills are noted, except for clerical cor- World War II Filipino veterans who reside le- Section 101 of the Senate bill would extend rections, conforming changes made nec- gally in the United States. These veterans of the authorities for noninstitutional extended essary by the Compromise Agreement, and the Commonwealth Army and New Phil- care and required nursing home care through minor drafting, technical, and clarifying ippine Scouts, would be subject to the same December 31, 2008. changes. eligibility and means test requirements as House Bill TITLE I—HEALTH CARE AUTHORITIES U.S. veterans. The House bill would require Section 2 of H.R. 3260 would extend the au- AND RELATED MATTERS the Secretary of Veterans Affairs (herein- thorities for the noninstitutional extended IMPROVED BENEFITS FOR FORMER PRISONERS OF after, ‘‘Secretary’’) to certify each fiscal care services and required nursing home care WAR year that sufficient resources are available to December 31, 2008. The report required at the VA health care facilities where the Current Law under section 101 of Public Law 106–117 would majority of these veterans would seek care. Section 1712 of title 38, United States Code, be extended until January 1, 2008. Compromise Agreement authorizes outpatient dental services and re- Compromise Agreement lated dental appliances to veterans who are Section 103 of the Compromise Agreement Section 106 of the Compromise Agreement former prisoners of war (POWs) if they were follows the House language, except the Com- detained or interned for a period of at least follows the House language from subsection promise Agreement does not include the re- 2(a) and (b) of H.R. 3260. 90 days. source availability certification require- EXPANSION OF DEPARTMENT OF VETERANS AF- Section 1722A of title 38, United States ment. Code, requires veterans who are not service- FAIRS PILOT PROGRAM ON ASSISTED LIVING connected with a disability rated at more ENHANCEMENT OF REHABILITATIVE SERVICES FOR VETERANS than 50 percent or eligible for pensions under Current Law Current Law section 1521 of title 38, United States Code, Chapter 31 of title 38 authorizes VA to pro- Section 103(b) of Public Law 106–117 au- to make copayments for medications. vide vocational rehabilitation services. VA is thorizes the establishment of a pilot pro- Senate Bill authorized under chapter 17 of title 38 to gram in one VA geographic health care re- The Senate bill contains no comparable offer medical care and compensated work gion to provide assisted living services to provisions. therapy to certain veterans. veterans. House Bill Senate Bill Senate Bill Section 3 of H.R. 3260 would authorize vet- The Senate bill contains no comparable Section 103 of the Senate bill would au- erans who are former POWs to receive out- provisions. thorize the establishment of one additional

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.048 S19PT1 S15128 CONGRESSIONAL RECORD — SENATE November 19, 2003 assisted living pilot program for three years Compromise Agreement Senate Bill from the commencement of the provision of Section 202 of the Compromise Agreement Section 212 of the Senate bill, as reported, assisted living services under the program. adopts the provisions of the House bill which would authorize the following leases: House Bill streamline the approval process for enhanced The House bills contain no comparable pro- use leases in VHA. The provisions concerning Location Purpose Cost vision. the expansion of this authority to properties Denver, CO ...... Relocate Health Administra- $4,080,000 of NCA and VBA have been omitted due to Compromise Agreement tion Center. mandatory spending concerns. Pensacola, FL ...... Relocate Outpatient Clinic ... 3,800,000 Section 107 of the Compromise Agreement Boston, MA ...... Extend Outpatient Clinic ...... 2,879,000 SIMPLIFICATION OF ANNUAL REPORT ON LONG- follows the Senate language. Charlotte, NC ...... Relocate Outpatient Clinic ... 2,626,000 RANGE HEALTH PLANNING IMPROVEMENT OF PROGRAM FOR PROVISION OF Current Law House Bill SPECIALIZED MENTAL HEALTH SERVICES TO Section 8107 of title 38, United States Code, Section 3 of H.R. 1720, as amended, would VETERANS requires VA to submit annually a report reauthorize the following leases: Current Law garding the long-range health planning of Section 116(c) of Public Law 106–117 pro- the Department. Included in that report is a Location Purpose Cost vides funding in the amount of $15,000,000 for five-year strategic plan for the provision of Charlotte, NC ...... Outpatient Clinic ...... $3,000,000 specialized mental health services in fiscal health care services to veterans, a plan for Clark County, NV ...... Multi-specialty Outpatient 6,500,000 years 2004, 2005 and 2006. the coordination of care among the geo- Clinic. Aurora, CO ...... Regional Federal Medical 30,000,000 Senate Bill graphic health care regions of the Depart- Center. Section 104 of the Senate bill would in- ment, a profile of each such region, any crease the funding authorization for these planned changes to the mission of any med- Compromise Agreement ical facility of the Department, and a listing specialized mental health services from Section 212 of the Compromise Agreement of the 20 VA major medical facility projects $15,000,000 to $25,000,000, and would specify al- authorizes the leases for Charlotte, North with the highest priority. location of these funds outside the Veterans Carolina, and Boston, Massachusetts. Equitable Resource Allocation system. Senate Bill The Compromise Agreement contains the House Bill The Senate bill contains no comparable provision of Section 211 of H.R. 1720, as The House bills contain no comparable pro- provision. amended, to authorize a major construction visions. House Bill project for Pensacola, Florida. It was determined that no lease authority for the Pensa- Compromise Agreement Section 7(d) of H.R. 3260 would change the report date on the Annual Report on Long- cola site was necessary. Further, the Com- Section 108 of the Compromise Agreement Range Health Planning to June 1 of each promise Agreement would not authorize a follows the Senate language. year. lease supporting relocation and expansion of TITLE II—CONSTRUCTION AND the Health Administration Center (HAC) in Compromise Agreement FACILITIES MATTERS Denver, Colorado. The Committees believe Section 203 of the Compromise Agreement Subtitle A—Program Authorities the Department has not justified the con- rescinds section 8107(b)(3) and (4) of title 38, tinuing expansion of activities at the HAC. INCREASE IN THRESHOLD FOR MAJOR MEDICAL United States Code, to simplify the required The Committees are concerned that this ad- FACILITY CONSTRUCTION PROJECTS report by removing the detailed prescription ministrative function, originally authorized Current Law of its content. to process reimbursement claims for the Ci- Section 8104(a)(3) of title 38, United States Subtitle B—Project Authorizations vilian Health and Medical Program for the Code, defines a major medical facility AUTHORIZATION OF MAJOR MEDICAL FACILITY VA (CHAMPVA), has inflated its activities project as a project for construction, alter- PROJECTS well beyond its original responsibilities. The ation, or acquisition of a medical facility in- Current Law Committees urge VA to reconsider whether volving a total expenditure of more than Section 8104(2) of title 38, United States the long-term obligation of leased space and $4,000,000. Code, requires Congressional authorization the significant growth of staff at the HAC, as Senate Bill of any VA major medical facility construc- opposed to other methods of accomplishing Section 201 of the Senate bill would raise tion project. these various tasks, are warranted. The Compromise Agreement generally fol- the threshold for major medical facility Senate Bill lows the Senate language on the Regional projects from $4,000,000 to $9,000,000. Section 211 of the Senate bill, as reported, Federal Medical Center lease at the former House Bill would authorize the following major con- Fitzsimons Army Medical Center in Aurora, Section 7 of H.R. 1720, as amended, would struction projects: Colorado, pending a decision by the Secre- raise the threshold for major medical facil- taries of Veterans Affairs and Defense on the ity projects from $4,000,000 to $6,000,000. Location Purpose Cost nature of any joint venture undertaking at Compromise Agreement Lebanon, PA ...... New Long-Term Care Facility $14,500,000 the site. However, advance planning is au- Beckley, WV ...... New Long-Term Care Facility 20,000,000 Section 201 of the Compromise Agreement thorized for this project under section 213 of the Compromise Agreement. would raise the threshold for major medical House Bill facility projects from $4,000,000 to $7,000,000. ADVANCE PLANNING AUTHORIZATIONS Section 3 of H.R. 1720, as amended, would Current Law ENHANCEMENTS TO ENHANCED-USE LEASE authorize the following major construction AUTHORITY projects: Section 8104(2) of title 38, United States Current Law Code, requires Congressional authorization Section 8162 of title 38, United States Code, Location Purpose Cost of all VA major medical facility construction project. authorizes the Secretary to enter into en- Chicago, IL ...... New Inpatient Bed Tower ..... $98,500,000 hanced-use leases of Veterans Health Admin- San Diego, CA ...... Seismic Corrections, Build- 48,600,000 Senate Bill istration (VHA) real property under the ju- ing 1. The Senate bill contains no similar provi- West Haven, CT ...... Renovate Inpatient Wards & 50,000,000 risdiction of the Secretary. Consolidate Medical Re- sions. Senate Bill search Facilities. House Bill Columbus, OH ...... New Medical Facility ...... 90,000,000 The Senate bill contains no comparable Pensacola, FL ...... New VA-Navy Joint Venture 45,000,000 Section 3 of H.R. 1720, as amended, would provision. Outpatient Clinic. authorize major construction projects in Co- lumbus, Ohio; Denver (Aurora), Colorado; House Bill Compromise Agreement Section 4 of H.R. 3260 would extend the ju- and the lease of a Multi-specialty Outpatient Section 211 of the Compromise Agreement Clinic in Clark County (Las Vegas), Nevada. risdiction of this authority to the Veterans authorizes the major construction projects Compromise Agreement Benefits Administration (VBA) and National for Lebanon, Pennsylvania; Beckley, West Cemetery Administration (NCA), for prop- Virginia; Chicago, Illinois; San Diego, Cali- Section 213 of the Compromise Agreement erties of these Administrations under the fornia; West Haven, Connecticut; and Pensa- authorizes advance planning funds for fiscal control of the Secretary. Further, the bill cola, Florida. year 2004 for purposes of developing new would streamline the process and notifica- medical facilities at the following locations: AUTHORIZATION OF MAJOR MEDICAL FACILITY tion requirements and allow proceeds from LEASES an enhanced-use lease to be credited to ac- Location Purpose Cost Current Law counts for use by VHA, VBA or NCA as ap- Columbus, OH ...... Advance Planning ...... $9,000,000 propriate. The bill would allow individual Section 8104 of title 38, United States Code, Las Vegas, NV ...... Advance Planning ...... 25,000,000 VA facilities to be reimbursed for the ex- requires Congressional authorization of any Pittsburgh, PA ...... Advance Planning ...... 9,000,000 VA medical facility lease with an annual Denver (Aurora), CO ...... Advance Planning ...... 26,000,000 penses incurred by the development and exe- East Central Florida ...... Advance Planning ...... 17,500,000 cution of enhanced-use leases. lease payment of more than $600,000.

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.022 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15129 The Committees concluded these projects, the loss, closure or other divestment of a VA handle and North Central Washington. The while warranted, require further develop- medical facility currently in operation; (b) due date of the report required would be ad- ment. The Committees believe these projects to remedy life-safety deficiencies, including justed in section 231 of the Compromise should be considered high priorities from seismic, egress, and fire deficiencies; (c) to Agreement to April 15, 2004. VA’s ongoing review of future health care in- provide health care services to an under- STUDY AND REPORT ON FEASIBILITY OF COORDI- frastructure needs, the Capital Asset Re- served population; (d) to renovate or mod- NATION OF VETERANS HEALTH CARE SERVICES alignment for Enhanced Services (CARES) ernize facilities, including providing barrier IN SOUTH CAROLINA WITH NEW UNIVERSITY initiative. free design, improving building systems and MEDICAL CENTER Given VA’s documented plan to pursue sig- utilities, or enhancing clinical support serv- Current Law nificant capital investments and improve- ices; (e) to further an enhanced-use lease or There is no comparable provision in cur- ments in health care infrastructure and the sharing agreement; and (f) to give the Sec- rent law. Committees’ understanding that the Appro- retary discretion to select other projects of Senate Bill priations Committees of the House and Sen- importance in providing care to veterans. ate are hesitant to provide funds for new VA The authority to enter into any major The Senate bill contains no comparable medical facility construction prior to the medical facility construction contracts for provision. completion of the CARES process, the Com- projects selected under the authority of sec- House Bill promise agreement authorizes $86,500,000 to tion 221 of the Compromise Agreement would Section 8 of H.R. 1720, as amended, would allow for planning of projects at these sites. expire on September 30, 2006. require the Secretary to conduct a feasi- AUTHORIZATION OF APPROPRIATIONS ADVANCE NOTIFICATION OF CAPITAL ASSET bility study in coordination with the Medical University of South Carolina and in con- Current Law REALIGNMENT ACTIONS sultation with the Secretary of Defense, to Current Law Section 8104(2) of title 38, United States consider establishing a joint health-care ven- Code, requires Congressional authorization There is no comparable provision in cur- ture to deliver inpatient, outpatient and/or of appropriations for VA major medical facil- rent law. long-term care to veterans, military per- ity projects. Senate Bill sonnel, and other beneficiaries who reside in Senate Bill Section 401 of the Senate bill would require Charleston, South Carolina, with a report to Section 213 of the Senate bill would au- the Secretary to provide Congress a 60–day the Committees by March 31, 2004. thorize $34,500,000 for fiscal year 2004 for advance notification of any actions proposed Compromise Agreement projects authorized and $4,984,000 for the by the Department under the CARES initia- Section 232 of the Compromise Agreement leases authorized by this bill. tive. follows the House language and adjusts the House Bill House Bill due date of the report to April 15, 2004. Section 3 of H.R. 1720, as amended, would The House bills contain no comparable pro- Subtitle E—Designation of Facilities authorize $332,100,000 to be appropriated in visions. DESIGNATION OF DEPARTMENT OF VETERANS fiscal year 2004 for the projects authorized by Compromise Agreement AFFAIRS MEDICAL CENTER, PRESCOTT, ARI- ZONA, AS THE BOB STUMP DEPARTMENT OF this bill. Section 222 of the Compromise Agreement VETERANS AFFAIRS MEDICAL CENTER Compromise Agreement follows the Senate language with modifica- Section 214 of the Compromise Agreement tions. VA would be required to notify Con- Current Law authorizes $276,600,000 for fiscal year 2004 for gress in writing of actions under the CARES Section 531 of title 38, United States Code, the major construction projects authorized initiative that would result in medical facil- requires a Department facility, structure or in section 211 of the Compromise Agreement. ity closures, significant staff realignments real property to be named after the geo- In addition, section 214 of the Compromise or medical facility consolidations. The Com- graphic area in which the facility, structure Agreement authorizes the appropriation of promise Agreement would prohibit such ac- or real property is located, except as ex- $86,500,000 for advanced planning projects tions for 60 days (or 30 days of continuous pressly provided by law. identified in section 213 of the Compromise session of Congress) after such notifications Senate Bill Agreement. are made. The Senate bill contains no comparable Subtitle C—Capital Asset Realignment for SENSE OF CONGRESS AND REPORT ON ACCESS TO provision. Enhanced Services Initiative HEALTH CARE FOR VETERANS IN RURAL AREAS. House Bill AUTHORIZATION OF MAJOR CONSTRUCTION Current Law Section 8 of H.R. 3260 would name the VA PROJECTS IN CONNECTION WITH CAPITAL There is no comparable provision in cur- Medical Center in Prescott, Arizona, the ASSET REALIGNMENT INITIATIVE rent law. ‘‘Bob Stump Department of Veterans Affairs Medical Center.’’ Current Law Compromise Agreement Compromise Agreement Section 8104(2) of title 38, United States Section 223 of the Compromise Agreement Section 241 of the Compromise Agreement Code, requires Congressional authorization would express the sense of Congress recog- follows the House language. of all VA major medical facility projects. nizing the difficulties in access to VA health DESIGNATION OF DEPARTMENT OF VETERANS Senate Bill care faced by veterans residing in rural areas AFFAIRS HEALTH CARE FACILITY, CHICAGO, IL- Section 402 of the Senate bill would au- and require VA to report to the Committees on Veterans’ Affairs with a plan of action to LINOIS, AS THE JESSE BROWN DEPARTMENT OF thorize the Secretary to carry out major VETERANS AFFAIRS MEDICAL CENTER construction projects outlined in the final improve access to health care for veterans Current Law report on the CARES initiative. This author- residing in rural areas. A report of VA’s plan ity would be subject to a 60–day advance no- to improve access to health care for these Section 531 of title 38, United States Code, tification to Congress. The Secretary would veterans would be due not later than 120 days requires a Department facility, structure or be required to submit a list containing each after the date of enactment of this Act. real property to be named after the geo- major project in order of priority, based on Subtitle D—Plans for New Facilities graphic area in which the facility, structure or real property is located, except as ex- the criteria specified in the bill. The bill also PLANS FOR HOSPITAL CARE FACILITIES IN pressly provided by law. would add a provision authorizing multi-year SPECIFIED AREAS Senate Bill contract authority for major construction Current Law projects. Section 222 of the Senate bill contains a There is no comparable provision in cur- similar provision. House Bill rent law. House Bill The House bills contain no comparable pro- Senate Bill visions. Section 9 of H.R. 1720, as amended, would The Senate bill contains no comparable name the VA Chicago Health Care System, Compromise Agreement provision. West Side Division, the ‘‘Jesse Brown De- Section 221 of the Compromise Agreement House Bill partment of Veterans Affairs Medical Cen- follows the Senate language with modifica- Section 6 of H.R. 1720, as amended, would ter.’’ tions. The Compromise Agreement would re- require the Secretary to develop plans for Compromise Agreement quire a 45–day advance notification to Con- meeting the future hospital care needs of Section 242 of the Compromise Agreement gress prior to carrying out major medical fa- veterans who reside in a number of counties contains this provision. cility construction projects selected by the of southern New Jersey and far southern Secretary. The Secretary would be required DESIGNATION OF DEPARTMENT OF VETERANS counties of Texas, with a report to the Com- to submit a one-time report to Congress by AFFAIRS MEDICAL CENTER, HOUSTON, TEXAS, mittees by January 31, 2004. February 1, 2004, that lists each proposed AS THE MICHAEL E. DEBAKEY DEPARTMENT OF major construction project in order of pri- Compromise Agreement VETERANS AFFAIRS MEDICAL CENTER ority. The Compromise Agreement estab- Section 231 of the Compromise Agreement Current Law lishes these priorities as follows: (a) to re- follows the House language and would add a Section 531 of title 38, United States Code, place or enhance a facility necessitated by requirement for plans for the Florida Pan- requires a Department facility, structure or

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real property to be named after the geo- TITLE III—PERSONNEL MATTERS ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY graphic area in which the facility, structure FOR ADDITIONAL HEALTH CARE WORKERS IN MODIFICATION OF CERTAIN AUTHORITIES ON AP- or real property is located, except as ex- THE VETERANS HEALTH ADMINISTRATION POINTMENT AND PROMOTION OF PERSONNEL IN pressly provided by law. THE VETERANS HEALTH ADMINISTRATION Current Law Senate Bill Current Law Title 38, United States Code, specifies in Section 223 of the Senate bill would name sections 7453 and 7454 that nurses, physician the VA Medical Center located in Houston, Section 7401 of title 38, United States Code, assistants, and expanded-function dental Texas, the ‘‘Michael E. DeBakey Department authorizes VA to appoint medical care per- auxiliaries are entitled to additional pay for of Veterans Affairs Medical Center.’’ sonnel, under title 5, United States Code, or working regular tours of duty of Saturdays. House Bill title 38, United States Code, depending on Under this authority, respiratory therapists, the duties of such personnel. The House bills contain no comparable pro- physical therapists, practical or vocational vision. Senate Bill nurses, pharmacists and occupational thera- Compromise Agreement Section 301 of the Senate bill would modify pists are also entitled to additional pay for Section 243 of the Compromise Agreement title 38 to authorize the appointment of psy- Saturday tours, if the Secretary determines follows the Senate language. chologists, kinesiologists and social workers, it is necessary in order to hire and retain these health care professionals. DESIGNATION OF THE DEPARTMENT OF VET- under title 38 provisions as opposed to title 5 ERANS AFFAIRS MEDICAL CENTER, SALT LAKE provisions. Senate Bill CITY, UTAH, AS THE GEORGE E. WAHLEN DE- House Bill The Senate bill contains no comparable PARTMENT OF VETERANS AFFAIRS MEDICAL provision. The House bills contain no comparable pro- CENTER House Bill visions. Current Law Section 4 of H.R. 2433, as amended, would Section 531 of title 38, United States Code, Compromise Agreement amend section 7454 (b) of title 38, United requires a Department facility, structure or Section 301 of the Compromise Agreement States Code, to authorize premium pay for real property to be named after the geo- follows the Senate language with modifica- Saturday tours of duty for additional VHA graphic area in which the facility, structure tions. health care workers. or real property is located, except as ex- The Compromise agreement reflects two Compromise Agreement pressly provided by law. important policy goals. First, VA will be per- Section 303 of the Compromise Agreement Senate Bill mitted to hire clinical staff in a timely fash- follows the House language. S. 1815 would name the VA Medical Center ion through use of the direct appointment located in Salt Lake City, Utah, the ‘‘George authority provided in title 38, United States COVERAGE OF EMPLOYEES OF VETERANS’ CAN- E. Wahlen Department of Veterans Affairs Code. Second, employee representatives will TEEN SERVICE UNDER ADDITIONAL EMPLOY- Medical Center.’’ be afforded an opportunity to participate in MENT LAWS House Bill a dialogue and process with VA management Current Law The House bills contain no comparable pro- to determine the best system under which to Section 7802 of title 38, United States Code, vision. promote the clinicians appointed under this authorizes appointment of Veterans’ Canteen section. Compromise Agreement Service (VCS) employees. The Committees believe that VA manage- Senate Bill Section 244 of the Compromise Agreement ment and the promotion policy for clinical Section 302 of the Senate bill contains a follows the Senate language. staff can benefit from interactions with em- similar provision. DESIGNATION OF DEPARTMENT OF VETERANS ployee representatives. The Committees AFFAIRS OUTPATIENT CLINIC, NEW LONDON, would allow the Secretary the discretion to House Bill CONNECTICUT develop a system for judging the merits of an Section 5 of H.R. 2433, as amended, would Current Law individual’s advancement in VA, provided authorize hourly workers of VCS to be quali- Section 531 of title 38, United States Code, that the Secretary reports to the Commit- fied for competitive title 5, United States requires a Department facility, structure or tees the actions taken under this authority. Code, appointments in VA in recognition of time-in service obtained in the VCS. real property to be named after the geo- APPOINTMENT OF CHIROPRACTORS IN THE graphic area in which the facility, structure VETERANS HEALTH ADMINISTRATION Compromise Agreement or real property is located, except as ex- Section 304 of the Compromise Agreement pressly provided by law. Current Law contains this provision. Senate Bill Public Law 107–135 requires VA to establish TITLE IV—OTHER MATTERS The Senate bill contains no comparable a Veterans Health Administration-wide pro- provision. gram for chiropractic care. OFFICE OF RESEARCH OVERSIGHT IN VETERANS HEALTH ADMINISTRATION House Bill Senate Bill Current Law Section 10 of H.R. 1720, as amended, would The Senate bill contains no comparable There is no similar provision in current name the outpatient clinic located in New provision. London, Connecticut, the ‘‘John J. McGuirk law. Department of Veterans Affairs Outpatient House Bill Senate Bill Clinic.’’ Section 2 of H.R. 2357, as amended, would The Senate bill contains no comparable Compromise Agreement authorize VA appointment of chiropractors provision. under title 38, United States Code. The Section 245 of the Compromise Agreement House Bill follows the House language. House bill would establish the qualifications of appointees, the period of appointments Section 11 of H.R. 1720, as amended, would DESIGNATION OF DEPARTMENT OF VETERANS and promotions, set grades and pay scales, add a new section 7307 to title 38, United AFFAIRS OUTPATIENT CLINIC, HORSHAM, provide temporary and part-time appoint- States Code, to establish an Office of Re- PENNSYLVANIA ments, authorize residencies and internships, search Oversight within the Veterans Health Current Law extend malpractice and negligence protec- Administration to monitor, review and in- Section 531 of title 38, United States Code, tion coverage, define chiropractors as scarce vestigate matters of medical research com- requires a Department facility, structure or medical specialists for contracting purposes, pliance and assurance in VA, including mat- real property to be named after the geo- authorize reimbursement of continuing pro- ters relating to the protection and safety of graphic area in which the facility, structure fessional education expenses, and exempt human subjects, research animals and VA or real property is located, except as ex- chiropractors from collective bargaining, employees participating in VA medical re- pressly provided by law. consistent with the provisions in chapter 74 search programs. The bill would require an Senate Bill of title 38, the United States Code. The bill annual report to the Committees on Vet- Section 221 of the Senate bill, as reported, would provide for an effective date of 180 erans’ Affairs of the Senate and House of would name the VA Outpatient Clinic lo- days from enactment. Representatives on the activities of the Of- fice of Research Oversight during the pre- cated in Horsham, Pennsylvania, the ‘‘Victor Compromise Agreement J. Saracini Department of Veterans Affairs ceding calendar year and require that the ac- Outpatient Clinic.’’ Section 302 of the Compromise Agreement tivities of the Office of Research Oversight follows the House language with modifica- be funded from amounts appropriated for VA House Bill tions that would redefine ‘‘medical care’’ oc- medical care. The House bills contain no comparable pro- cupations as ‘‘health care’’ occupations and Further, under the bill, the General Ac- vision. eliminate provisions that would provide for counting Office (GAO) would be required to Compromise Agreement residencies and internships and reimburse- submit a report to Congress not later than Section 246 of the Compromise Agreement ment of continuing professional education January 1, 2006, on the results of the estab- follows the Senate language. expenses. lishment of the Office of Research Oversight

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and any recommendations for other legisla- REPORT DATE CHANGES fairs Facilities Demolition Fund; and would tive and administrative actions. Finally, the Current Law authorize an appropriation of $25,000,000 for Secretary would be required to submit a re- fiscal year 2004 for this Demolition Fund. Title 38, United States Code, requires: port to Congress setting forth the Depart- (a) in section 516(e)(1)(A), a quarterly re- House Bill ment’s implementation of the requirement port summarizing the employment discrimi- The House bills contain no comparable pro- to establish an Office of Research Oversight, nation complaints filed against senior man- vision. and related provisions, not later than 180 agers; the report is due no later than 30 days days after the date of enactment. Compromise Agreement after the end of each quarter; Compromise Agreement The Compromise Agreement does not con- (b) in section 2065(a), an annual report on tain this provision. Section 401 of the Compromise Agreement assistance to homeless veterans; the report follows the House language with modifica- is due no later than April 15 each year; SUPPLEMENTARY MATTERS tions that would not include references to (c) in section 7321(d)(2), an annual report of SAN JUAN, PUERTO RICO VA MEDICAL CENTER animal welfare, research animals and labora- the Committee on Care of Severely Chron- In 1999, Congress provided $50,000,000 to the tory animals. Section 7307(c)(2)(A) of title 38, ically Mentally Ill Veterans; the report is VA Medical Center in San Juan, Puerto United States Code, referencing peer review due no later than February 1 each year Rico, to assist that facility in correcting nu- responsibilities would also not be included in through 2004; merous structural safety issues. Since then, the Compromise Agreement, along with the (d) in section 8107, an annual report on VA has spent $4,000,000 of those funds on the required reports from GAO and the Sec- long-range health planning; due June 1 of design and planning of a bed tower that will retary. each year; alleviate the strain on the older bed tower ENHANCEMENT OF AUTHORITIES RELATING TO (e) in section 8153(g), an annual report on currently in use. The remaining $46,000,000 NONPROFIT RESEARCH CORPORATIONS sharing of health care resources; the report will be used for the tower’s construction, Current Law is due no later than 60 days after the end of with a projected Spring 2004 groundbreaking. Sections 7361 through 7366 of title 38, each fiscal year; and The Committees understand that the Sec- United States Code, establish the authority (f) in section 1712A note and enacted in secretary has pledged at least an additional for VA’s Nonprofit Research Corporations. tion 110(e)(2) of Public Law 106–117, an an- $25,000,000 to enhance this project and mini- Section 7368 of title 38, United States Code, nual report of the Special Committee on mize any reduction of total beds at this facil- provides that no such corporations may be PTSD; the report is due February 1 of each of ity. Even with the completion of this con- established after December 31, 2003. the three following years. struction, the Committees are advised that Senate Bill Senate Bill additional seismic and utility upgrades are needed at the San Juan VA. The Committees The Senate bill contains no comparable The Senate bill contains no comparable encourage the Secretary to honor this pledge provisions. provisions. and continue the practice of providing high House Bill House Bill quality services to the veterans of Puerto Section 6 of H.R. 3260 would cover employ- Section 7 of H.R. 3260, subsection (a) would Rico. ees of Nonprofit Research Corporations extend the Senior Managers Quarterly Re- Mr. GRAHAM of Florida. Madam under the Federal Tort Claims Act and port from 30 days to 45 days following each President, I rise today to urge swift would extend the authority to create new quarter; subsection (b) would change the re- passage of S. 1156, which is essentially Nonprofit Research Corporations through port due date from April 15 to June 15 of each December 31, 2008. year for the annual report on Assistance to a conference report on various vet- Compromise Agreement Homeless Veterans; subsection (c) would erans’ health care measures. This bill Section 402 of the Compromise Agreement change the report due date from February 1 will dramatically assist the Depart- follows the House language. to June 1 of each year for the annual report ment of Veterans Affairs in providing DEPARTMENT OF DEFENSE PARTICIPATION IN of the Committee on Care of Severely Chron- quality health care to our Nation’s vet- REVOLVING SUPPLY FUND PURCHASES ically Mentally Ill Veterans through 2004; erans. I would like to highlight some of subsection (d) would change the report date Current Law the key provisions. on the Annual Reports on Long-Range The compromise agreement would Section 8121 of title 38, United States Code, Health Planning to June 1 of each year; sub- establishes authority for VA to use a revolv- section (e) would change the report due dates authorize $17.5 million in advanced ing supply fund to operate and maintain its on the Annual Report on Sharing of Health planning funds for a new medical facil- supply system. Care Resources to February 1 of each year; ity in East-Central Florida. While this Senate Bill and subsection (f) would change the report is only an authorization, I note that The Senate bill contains no comparable due date on the Annual Report of the Special the VA–HUD appropriations bill will provision. Committee on PTSD to May 1 of each year likely contain an unspecified pot of House Bill through 2004. construction funding—up to $600 mil- Section 5 of H.R. 3260 would extend author- Section 7(a) of H.R. 3387 would extend the lion total. These funds will likely be ity to the Secretary of Defense to purchase annual reporting requirement for the Com- mittee on Care of Severely Chronically Men- used for East-Central Florida and other medical equipment, services and supplies worthy projects stemming from VA’s through VA’s revolving supply fund begin- tally Ill Veterans in Section 7321(d)(2) to ning in fiscal year 2004. The Department of February 1, 2009. Section 7(b) of H.R. 3387 realignment effort. Defense (DoD) would be required to reim- would extend the annual report of the Spe- Veterans living in East-Central Flor- burse VA’s revolving supply fund using DoD cial Committee on PTSD to February 1, 2009. ida are in dire need of a full-fledged VA appropriations. Compromise Agreement hospital. One VA report found that Compromise Agreement Section 405 of the Compromise Agreement since 1996, ‘‘the Central Florida market Section 403 of the Compromise Agreement follows the House language on the provisions sustained the greatest workload expan- follows the House language. in subsections (a), (b), and (e) of the House sion of the entire VA system—105 per- FIVE-YEAR EXTENSION OF HOUSING ASSISTANCE bill and would extend the reports in sub- cent.’’ Other VA studies have deemed FOR HOMELESS VETERANS sections (c) and (f) of the House bill through the region as ‘‘the logical choice for in- Current Law 2008. Section 405 of the Compromise Agree- frastructure investment for all major ment would simplify the reporting require- Section 2041(c) of title 38, United States Inpatient and Outpatient categories.’’ ments in subsection (d) of the House bill Code, authorizes the Secretary to enter into without altering the report due date. The decision about where to place a housing assistance agreements for homeless LEGISLATIVE PROVISIONS NOT ADOPTED new VA hospital in this region falls to veterans until December 31, 2003. VA, but I encourage Secretary Principi DEMOLITION OF OBSOLETE, DILAPATED, AND Senate Bill to carefully study all the options to en- Section 411 of the Senate bill would extend HAZARDOUS STRUCTURES ON DEPARTMENT OF VETERANS AFFAIRS PROPERTY sure that the most appropriate loca- the authority of the Secretary to enter into tion is chosen. housing assistance agreements through De- Current Law The demand for care in East-Central cember 31, 2006. There is no similar provision in current House Bill law. Florida heretofore has also been vali- dated by the Capital Asset Realign- Section 6 of H.R. 3387 would extend the au- Senate Bill thority of the Secretary to enter into hous- ment for Enhanced Services (CARES) Section 202 of the Senate bill would add process. CARES is a multi-stage anal- ing assistance agreements until December 31, section 8171 to title 38, United States Code, 2008. to authorize the demolition of obsolete, di- ysis that VA has undertaken of its as- Compromise Agreement lapidated, and hazardous structures; would sets and infrastructure nationwide, for Section 404 of the Compromise Agreement establish a specific fund in the Treasury des- the purposes of making according ad- follows the House language. ignated as the Department of Veterans Af- justments to meet the projected health

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.029 S19PT1 S15132 CONGRESSIONAL RECORD — SENATE November 19, 2003 care needs of veterans over the next 20 apply to be the next pilot program. cal Year 1993 Departments of State, years. The process has reached its final There is a great need for long-term Justice, Commerce and the Judiciary stages, with the release of a Draft Na- care services in my home state of Flor- Appropriations Act, Public Law 102– tional Plan currently under review by ida. 395, to allow the naturalization process a commission. I am proud to have worked on this for these veterans to occur in the Phil- The CARES initiative will have pro- valuable piece of legislation for our Na- ippines. Since then, a distinction has found ramifications for hospitals all tion’s veterans, and I urge my col- been made, and benefits have been pro- across the country. As such, the com- leagues to support it. vided to only those Filipino veterans promise agreement includes a provi- Mr. INOUYE. Madam President, I residing in the United States. sion that I fought for, granting Con- commend Senator ARLEN SPECTER and I believe it is unfair to make this dis- gress a 60-day notice and wait period the Committee on Veterans Affairs for tinction. The Commonwealth Army of before commencing any closures or their efforts in support of S. 1156, the the Philippines was called to serve consolidations that result from CARES Veterans Health Care Authorities Ex- with the United States Armed Forces recommendations. It is imperative that tension and Improvement Act of 2003, in the Far East during World War II Congress have a role in this process, as which would improve the provision of under President Roosevelt’s July 26, the delivery of health care to our na- long-term health care for veterans by 1941, military order. Together, these tion’s veterans will be greatly affected the Department of Veterans Affairs. gallant men and women stood in by its outcome. This became particu- I would like to take this opportunity harm’s way with our American soldiers larly apparent when the Draft National to comment on the section of S. 1156 to fight our common enemies during Plan was unveiled, revealing the tar- that authorizes the VA to provide Fili- World War II. Because all Filipino vet- geting for closure of up to 6,000 beds pino veterans residing in the United erans stood in equal jeopardy during nationwide—including some 1,500 long- States the same medical benefits that World War II, I do not believe we term care and 800 psychiatry beds. As are currently provided to veterans of should draw a distinction based on long-term care and mental health were the Armed Forces of the United States. their current residency in the U.S. or not factored into the original CARES Approximately 9,500 Filipino veterans in the Philippines. All of them were at model, many questions were raised residing in the United States would be equal risk, and so all should receive about the validity of the process. eligible for these benefits. equal benefits. The Veterans Health Care, Capital Many of you are aware of my contin- Accordingly, I introduced S. 68, the Asset, and Business Improvement Act ued support and advocacy on behalf of Filipino Veterans’ Benefits Improve- of 2003 would also authorize the con- the Filipino World War II veterans, and ments Act of 2003, which provides struction of a comprehensive out- the importance of addressing their health and disability compensation patient medical care facility at the plight. As an American, I believe the benefits that are similar to the provi- Pensacola Naval Air Station, in Pensa- treatment of Filipino World War II vet- sion included in S. 1156, but without cola, FL. The clinic, as envisioned, erans is bleak and shameful. Through- limitations based on the residency of would be a joint venture between VA out the years, I have sponsored several the veterans. I strongly urge Chairman and the Department of the Navy. This measures to rectify the wrongs com- SPECTER and members of the Com- area of my home state is greatly under- mitted against these World War II vet- mittee to give consideration to S. 68, served in terms of medical facilities for erans, and I am grateful to the com- and to work with me in the coming servicemembers and veterans, and I am mittee for the assistance and consider- year to provide health benefits to vet- pleased to be a part of bringing vital ation given to my past initiatives. erans residing in the Philippines. Heroes should never be forgotten or health care services to the region. While some strides have been made, I Because of the need for quality, ac- believe more needs to be done to assist ignored, so let us not turn our backs on cessible hospital services for veterans these veterans who are in their twi- those who sacrificed so much. Many of the Filipinos who fought so hard for in the Pensacola area and surrounding light years. Of the 120,000 who origi- our nation have been honored with counties, this bill would require VA to nally served in the Commonwealth American citizenship. Let us now work develop a plan to meet their inpatient Army during World War II, approxi- to repay all of these brave men and needs. While there is no doubt that the mately 59,899 Filipino veterans cur- women for their sacrifices by providing VA–Navy clinic would provide vital rently reside in the United States and them the veterans’ benefits they de- outpatient services, inpatient care will the Philippines. According to the De- partment of Veterans Affairs, the Fili- serve. still be lacking. This provision seeks to Mr. THOMAS. Madam President, I pino veteran population is expected to address that facet of the health care ask unanimous consent that the sub- decrease to approximately 20,000, or continuum for veterans in the Pan- stitute amendment which is at the roughly one-third of the current popu- handle. desk be agreed to, the committee sub- Another important provision of the lation, by 2010. stitute, as amended, be agreed to, the compromise agreement would expand I support the provision in S. 1156 that bill, as amended, be read a third time VA’s assisted living pilot program to authorizes the VA to provide Filipino and passed, the amendment to the title one additional site. The assisted living veterans residing in the United States as reported be amended with the pilot program is designed to help the the same medical benefits that are cur- amendment at the desk, the title large numbers of men and women in rently provided to veterans of the amendment, as amended, be agreed to, the VA system over the age of 65, who Armed Forces of the United States. the motions to reconsider be laid upon either need long-term care now or po- However, I remain concerned that the table en bloc, and that any state- tentially will need it in the future. The these benefits are restricted to only ments relating to the bill be printed in pilot program was first established those veterans residing in the United the RECORD. States. In my view, a distinction through The Veterans Millennium The PRESIDING OFFICER. Without should not be made between veterans Health Care and Benefits Act, which objection, it is so ordered. gave VA clear authority to furnish an residing in the United States and those The amendment (No. 2203) in the na- assisted living service, including to the residing in the Philippines. ture of a substitute was agreed to. spouses of veterans. As a result of a citizenship statute (The amendment is printed in today’s The CARES Draft National Plan also enacted by the Congress in 1990, some RECORD under ‘‘Text of Amendments.’’) puts emphasis on assisted living pro- Filipino veterans who were able to The committee amendment in the grams. No fewer than 19 sites are pro- travel came to the United States to be- nature of a substitute, as amended, was posed to be converted into assisted liv- come United States citizens. At the agreed to. ing facilities. The assisted living pilot same time, many other Filipino World The amendment (No. 2204) was agreed program seeks to help VA address in- War II veterans were unable to travel to, as follows: equities in availability of noninstitu- to the United States and take advan- AMENDMENT NO. 2204 tional services by developing models tage of the naturalization benefit be- Amend the title to read as follows: ‘‘A bill for proliferating the program nation- cause of their advanced age. The law to amend title 38, United States Code, to im- wide. I am hopeful that Network 8 will was subsequently amended in the Fis- prove and enhance provision of health care

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.049 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15133 for veterans, to authorize major construc- Jersey and Representative LANE EVANS remarriage after attaining age 57 would re- tion projects and other facilities matters for of Illinois, for the spirit of cooperation tain DIC, home loan, and educational bene- the Department of Veterans Affairs, to en- and bipartisanship that they showed in fits eligibility. Surviving spouses who remar- hance and improve authorities relating to addressing the sometimes-competing ried after attaining age 57 prior to enact- the administration of personnel of the De- ment of the Compromise Agreement would partment of Veterans Affairs, and for other interests in play as 15 pieces of legisla- have one year to apply for reinstatement of purposes.’’. tion were knitted into a single, coher- these benefits. The bill (S. 1156), as amended, was ent whole. read the third time and passed. Since this is a lengthy bill—over 50 BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF CERTAIN SERVICE IN KOREA The title amendment, as amended, pages—I will not endeavor in this was agreed to statement to explain in detail each and Current Law every provision. Rather, I will discuss f the highlights briefly in this state- Chapter 18 of title 38, United States Code, IMPROVING BENEFITS UNDER ment, and refer my colleagues to a authorizes the Department of Veterans Af- LAWS ADMINISTERED BY THE Joint Explanatory Statement. I ask fairs (‘‘VA’’) to provide benefits and services SECRETARY OF VETERANS AF- to those children born with spina bifida unanimous consent to print in the whose natural parent (before the child was FAIRS RECORD a detailed explanation of the conceived) served in the Republic of Vietnam Mr. THOMAS. Madam President, I bill as amended. between January 9, 1962 and May 7, 1975. Ben- ask unanimous consent that the Vet- There being no objection, the mate- efits and services are authorized due to the erans’ Affairs Committee be discharged rial was ordered to be printed in the association between exposure to dioxin and from further consideration of H.R. 2297 RECORD, as follows: the incidence of spina bifida in the children and the Senate proceed to its imme- EXPLANATORY STATEMENT ON SENATE AMEND- of those exposed. Children born with spina diate consideration. MENT TO HOUSE BILL, H.R. 2297, AS AMEND- bifida whose parent was exposed to dioxin The PRESIDING OFFICER. Without ED and other herbicides during military service in locations other than the Republic of Viet- objection, it is so ordered. The com- H.R. 2297, as amended, the Veterans Bene- fits Act of 2003, reflects a Compromise Agree- nam do not qualify for VA benefits and serv- mittee is discharged. ment reached by the House and Senate Com- ices. The clerk will report the bill by title. mittees on Veterans’ Affairs (‘‘the Commit- The assistant legislative clerk read tees’’) on the following bills considered in House Bill as follows: the House and Senate during the 108th Con- Section 12 of H.R. 2297, as amended, would A bill (H.R. 2297) to amend title 38, United gress: H.R. 1257; H.R. 1460, as amended; H.R. permit children born with spina bifida whose States Code, to improve benefits under laws 2297, as amended (‘‘House Bill’’); and S. 1132, parent (before the child was conceived) administered by the Secretary of Veterans as amended (‘‘Senate Bill’’). H.R. 1257 passed served in an area of Korea near the demili- Affairs, and for other purposes. the House on May 22, 2003; H.R. 1460, as tarized zone (‘‘DMZ’’) between October 1, 1967 amended, passed the House on June 24, 2003; There being no objection, the Senate and May 7, 1975, to qualify for benefits in the H.R. 2297, as amended, passed the House on same manner as children whose parent proceeded to consider the bill. October 8, 2003; S. 1132, as amended, passed served in the Republic of Vietnam. Mr. SPECTER. Madam President, I the Senate on October 31, 2003. have sought recognition today to ex- The House and Senate Committees on Vet- Senate Bill plain briefly the provisions of H.R. erans’ Affairs have prepared the following 2297, the proposed Veterans Benefits explanation of H.R. 2297, as amended (‘‘Com- Section 101 of S. 1132, as amended, would Act of 2003, that the Ranking Member promise Agreement’’). Differences between permit children with spina bifida whose par- of the Committee on Veterans Affairs, the provisions contained in the Compromise ent (before the child was conceived) served in Agreement and the related provisions of H.R. or near the DMZ in Korea during the period Senator GRAHAM of Florida, and I pro- 1257, H.R. 1460, as amended, H.R. 2297, as beginning on January 1, 1967, and ending on pose be approved, as amended, by the amended, and S. 1132, as amended, are noted December 31, 1969, to qualify for benefits in Senate. H.R. 2297, as so amended and as in this document, except for clerical correc- the same manner as children whose parent presented to the Senate today, incor- tions, conforming changes made necessary served in the Republic of Vietnam. The Sen- porates agreements reached between by the Compromise Agreement, and minor ate Bill would require the Secretary of Vet- the Senate Committee of Veterans Af- drafting, technical, and clarifying changes. erans Affairs to make determinations of ex- fairs, which I am privileged to chair, TITLE I: SURVIVOR BENEFITS posure to herbicides in Korea in consultation and our counterpart Committee in the RETENTION OF CERTAIN VETERANS SURVIVOR with the Secretary of Defense. BENEFITS FOR SURVIVING SPOUSES REMARRY- House of Representatives, on legisla- Compromise Agreement tion relating to the provision of non- ING AFTER AGE 57 healthcare-related benefits by the De- Current Law Section 102 of the Compromise Agreement would generally follow the Senate language. partment of Veterans Affairs. Section 103(d) of title 38, United States Code, prohibits a surviving spouse who has However, under the Compromise Agreement, H.R. 2297, as amended, contains pro- remarried from receiving dependency and in- the time period for qualifying service in or visions derived from S. 1132, the pro- demnity compensation (‘‘DIC’’) and related near the DMZ is changed to service which oc- posed Veterans Benefits Enhancements housing and education benefits during the curred during the period beginning on Sep- Act of 2003, as approved by the Senate course of the remarriage. This benefit may tember 1, 1967, and ending on August 31, 1971. on October 31, 2003, and S. 1156, as re- be reinstated in the event the subsequent The Committees note that although use of ported by the Committee on Veterans’ marriage is terminated. Public Law 107–330 herbicides in Vietnam ceased in 1971, Viet- Affairs on November 10, 2003. It also extended to surviving spouses who remarry nam-era veterans who served until May 7, contains provisions derived from H.R. after age 55 continuing eligibility under the 1975, are presumed to have been exposed to Civilian Health and Medical Program of the 2297, as approved by the House on Octo- residuals. Similarly, even though herbicide Department of Veterans Affairs use in or near the Korean DMZ ended in 1969, ber 8, 2003; H.R. 1257, as approved by (‘‘CHAMPVA’’). the Committees believe it is appropriate to the House on May 22, 2003; and H.R. House Bill extend the qualifying service period beyond 1460, as amended from the bill approved Section 6 of H.R. 2297, as amended, would 1969 to account for residual exposure. by the House on June 24, 2003. Inas- allow a surviving spouse who remarries after The Committees also note that the Sec- much as S. 1132, as approved by the attaining age 55 to retain the DIC benefit. retary of Defense has identified the following Senate earlier this year, had itself in- Spouses who remarry at age 55 or older prior units as those assigned or rotated to areas corporated provisions derived from 11 to enactment of the bill would have one year near the DMZ where herbicides were used be- from the date of enactment to apply for rein- Senate bills—meaning that H.R. 2297 tween 1968 and 1969: combat brigades of the statement of DIC benefits. The amount of 2nd Infantry Division (1–38 Infantry, 2–38 In- contains provisions derived from 15 DIC would be paid with no reduction of cer- fantry, 1–23 Infantry, 2–23 Infantry, 3–23 In- separate bills—it is apparent that this tain other Federal benefits to which the sur- fantry, 3–32 Infantry, 1–9 Infantry, 2–9 Infan- bill represents the work and ideas of viving spouse might be entitled. many sponsors with many differing in- try, 1–72 Armor, and 2–72 Armor); Division Senate Bill Reaction Force (4–7th Cavalry, Counter terests. I thank the Ranking Member, The Senate Bill contains no comparable Agent Company); 3rd Brigade of the 7th In- Senator GRAHAM of Florida, and the provision. fantry Division (1–17th Infantry, 2–17 Infan- Chairman and Ranking Member of the Compromise Agreement try, 1–73 Armor and 2–10th Cavalry); and House Committee on Veterans Affairs, Section 101 of the Compromise Agreement Field Artillery, Signal and Engineer support Representative CHRIS SMITH of New would provide that a surviving spouse upon personnel.

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ALTERNATE BENEFICIARIES FOR NATIONAL VA presumes are related to military service nized military forces of the Government of SERVICE LIFE INSURANCE AND UNITED STATES for former prisoners of war (‘‘POWs’’) who the Commonwealth of the Philippines, in- GOVERNMENT LIFE INSURANCE were held captive for not less than 30 days. If cluding organized guerilla units (‘‘Common- Current Law a former POW was interned for less than 30 wealth Army veterans’’), who lawfully reside days, he or she must establish that the dis- in the United States are eligible for burial in Section 1917 of title 38, United States Code, ability was incurred or aggravated during a VA national cemetery and VA monetary gives veterans insured under the VA’s Na- military service in order for service connec- burial benefits at the full-dollar rate if, at tional Service Life Insurance (‘‘NSLI’’) pro- tion to be granted. the time of death, they are receiving VA dis- gram the right to designate the beneficiary The list in section 1112(b) of title 38, United ability compensation or would have been re- or beneficiaries of insurance policies matur- States Code, does not include cirrhosis of the ceiving VA pension but for their lack of ing on or after August 1, 1946. It also speci- liver; however, on July 18, 2003, VA published qualifying service. fies the modes of payment to beneficiaries a regulation adding cirrhosis of the liver to when an insured dies, and sets forth the pro- House Bill the list of conditions presumptively service- cedure to be followed when a beneficiary has Section 17 of H.R. 2297, as amended, would connected for former POWs. (68 Fed. Reg. not been designated or dies before the in- extend eligibility for burial in a national 42,602). sured. cemetery to new Philippine Scouts, as well Section 1949 of title 38, United States Code, House Bill as eligibility for VA burial benefits, to those gives veterans insured under the United Section 11 of H.R. 2297, as amended, would who lawfully reside in the United States. States Government Life Insurance eliminate the 30–day requirement for psy- Senate Bill (‘‘USGLI’’) program the right to change chosis, any anxiety states, dysthymic dis- Section 322 of S. 1132, as amended, contains beneficiaries, and sections 1950 through 1952 orders, organic residuals of frostbite and an identical provision. of title 38 set out the modes of payment to post-traumatic arthritis. Section 11 would designated beneficiaries and sets forth the also codify cirrhosis of the liver as a dis- Compromise Agreement procedure to be followed when a beneficiary ability which is presumptively service-con- Section 212 of the Compromise Agreement either has not been designated or dies before nected for a former POW who was interned contains this provision. the insured. For the NSLI and USGLI pro- for at least 30 days. EXTENSION OF AUTHORITY TO MAINTAIN RE- grams, the law does not specify the course of Senate Bill GIONAL OFFICE IN THE REPUBLIC OF THE PHIL- action VA is to take when no beneficiary can Section 302 of S. 1132, as amended, contains IPPINES be found. an identical provision. Current Law House Bill Compromise Agreement Section 315(b) of title 38, United States The House Bill contains no comparable Section 201 of the Compromise Agreement Code, authorizes the Secretary of Veterans provision. contains this provision. Affairs to operate a regional office in the Re- Senate Bill Subtitle B—Filipino Veterans public of the Philippines until December 31, 2003. Congress last extended this authority in Section 102 of S. 1132, as amended, would RATE OF PAYMENT OF BENEFITS FOR CERTAIN Public Law 106–117. authorize the payment of NSLI and USGLI FILIPINO VETERANS AND THEIR SURVIVORS to alternate beneficiaries, in order of prece- RESIDING IN THE UNITED STATES House Bill dence and as designated by the insured vet- Current Law Section 18 of H.R. 2297, as amended, would eran, if no claim is made by the primary ben- extend the Secretary’s authority to operate Section 107(a) of title 38, United States eficiary within two years of the insured vet- a regional office in the Republic of the Phil- Code, generally provides that service before eran’s death. If four years have elapsed since ippines through December 31, 2009. the death of the insured and no claim has July 1, 1946, in the organized military forces been filed by a person designated by the in- of the Government of the Commonwealth of Senate Bill sured as a beneficiary, section 102 would au- the Philippines, including organized guerilla Section 323 of S. 1132, as amended, would thorize VA to make payment to a person VA units (‘‘Commonwealth Army veterans’’), extend the Secretary’s authority to operate determines to be equitably entitled to such may in some circumstances be a basis for en- a regional office in the Republic of the Phil- payment. titlement to disability compensation, de- ippines through December 31, 2008. Compromise Agreement pendency and indemnity compensation, mon- Compromise Agreement etary burial benefits, and certain other bene- Section 213 of the Compromise Agreement Section 103 of the Compromise Agreement fits under title 38, United States Code, and follows the House language. follows the Senate language. that payment of such benefits will be at the PAYMENT OF BENEFITS ACCRUED AND UNPAID rate of $0.50 for each dollar authorized. Sec- TITLE III—EDUCATION BENEFITS, EM- AT TIME OF DEATH tion 107(b) of title 38, United States Code, PLOYMENT PROVISIONS, AND RE- Current Law generally provides that service in the Phil- LATED MATTERS Section 5121 of title 38, United States Code, ippine Scouts under section 14 of the Armed EXPANSION OF MONTGOMERY GI BILL EDUCATION restricts specified classes of survivors to re- Forces Voluntary Recruitment Act of 1945 BENEFITS FOR CERTAIN SELF-EMPLOYMENT ceiving no more than two years of accrued (i.e., service in the ‘‘new Philippine TRAINING benefits if a veteran dies while a claim for Scouts’’), may be a basis for entitlement to Current Law disability compensation, DIC, and certain VA periodic monetary benefits (other than Section 3452(e) of title 38, United States other benefits under title 38, United States insurance and servicemen’s indemnity) is Code, furnishes various legal definitions used Code, but payment of such benefits will be at being adjudicated. Public Law 104–275 ex- in the administration of VA’s educational as- the rate of $0.50 for each dollar authorized. tended the retroactive payment from one sistance programs. Self-employment train- year to two years. House Bill ing is not included among the current defini- House Bill Section 16 of H.R. 2297, as amended, would tions. Section 6 of H.R. 1460, as amended, would provide the full amount of compensation and House Bill DIC to eligible members of the new Phil- repeal the two-year limitation on accrued Section 2 of H.R. 2297, as amended, would benefits so that a veteran’s survivor may re- ippine Scouts, as well as the full amount of DIC paid by reason of service in the orga- expand the Montgomery GI Bill program by ceive the full amount of award for accrued authorizing educational assistance benefits benefits. nized military forces of the Commonwealth of the Philippines, including organized gue- for on-job training of less than six months in Senate Bill rilla units, if the individual to whom the certain self-employment training programs, Section 105 of S. 1132, as amended, contains benefit is payable resides in the United to include: (1) an establishment providing an identical provision. States and is either a citizen of the U.S. or apprentice or other on-job training, including programs under the supervision of a col- Compromise Agreement an alien lawfully admitted for permanent residence. lege or university or any State department Section 104 of the Compromise Agreement of education; (2) an establishment providing contains this provision. Senate Bill self-employment training consisting of full- TITLE II: BENEFITS FOR FORMER PRIS- Section 321 of S. 1132, as amended, contains time training for less than six months that ONERS OF WAR AND FOR FILIPINO an identical provision. is needed for obtaining licensure to engage VETERANS Compromise Agreement in a self-employment occupation or required Subtitle A—Former Prisoners of War Section 211 of the Compromise Agreement for ownership and operation of a franchise; (3) a State board of vocational education; (4) PRESUMPTIONS OF SERVICE-CONNECTION RELAT- contains this provision. a Federal or State apprenticeship registra- ING TO DISEASES AND DISABILITIES OF BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS tion agency; (5) a joint apprenticeship com- FORMER PRISONERS OF WAR RESIDING IN THE UNITED STATES mittee established pursuant to the National Current Law Current Law Apprenticeship Act, title 29, United States Section 1112(b) of title 38, United States Section 107 of title 38, United States Code, Code; or (6) an agency of the Federal Govern- Code, specifies a list of 15 disabilities that provides that persons who served in the orga- ment authorized to supervise such training.

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.009 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15135

Senate Bill ROUNDING DOWN OF CERTAIN COST-OF-LIVING any existing repayment obligations of a vet- The Senate Bill contains no comparable ADJUSTMENTS ON EDUCATIONAL ASSISTANCE eran, including overpayments due to default provision. Current Law on these loans. Compromise Agreement Sections 3015(h) and 3564 of title 38, United Senate Bill Section 301 of the Compromise Agreement States Code, provide for annual cost-of-liv- Section 305 of S. 1132, as amended, contains follows the House language. ing adjustments to both the Montgomery GI a comparable provision, but terminates the Bill and Survivors’ and Dependents’ Edu- program 90 days after date of enactment. INCREASE IN RATES OF SURVIVORS’ AND DE- cational Assistance programs. Each section PENDENTS’ EDUCATIONAL ASSISTANCE Compromise Agreement specifies that percentage increases be Section 306 of the Compromise Agreement Current Law ‘‘rounded to the nearest dollar.’’ follows the Senate language. Chapter 35 of title 38, United States Code, House Bill specifies the eligibility criteria, programs of SIX-YEAR EXTENSION OF VETERANS’ ADVISORY The House Bill contains no comparable education and training, and payment COMMITTEE ON EDUCATION provision. amounts applicable under VA’s Survivors’ Current Law Senate Bill and Dependents’ Educational Assistance Section 3692 of title 38, United States Code, (‘‘DEA’’) benefits program. Generally, those Section 304 of S. 1132, as amended, would requires the Secretary of Veterans Affairs to eligible for DEA benefits are the spouses and require annual percentage adjustments administer a Veterans’ Advisory Committee dependents of: veterans with total and per- under sections 3015(h) and 3564 to be rounded on Education. It requires the Secretary to manent service-connected ratings; veterans down to the nearest dollar. This section consult with and seek the advice of the Advi- who died as a result of service-related inju- would first apply to adjustments made at the sory Committee from time to time with re- ries; or servicemembers who died while on start of fiscal year 2005. spect to the administration of chapters 30, active duty. Currently, monthly benefit Compromise Agreement 32, and 35 of title 38, United States Code, and rates for eligible DEA beneficiaries are $695 Section 304 of the Compromise Agreement chapter 1606 of title 10, United States Code. for full-time study, $522 for three-quarter- follows the Senate language. However, the The Advisory Committee’s authorization ex- time study, and $347 for half-time study. Compromise Agreement specifies that the pires on December 31, 2003. Monthly DEA benefits are also available for changes made by the Senate language shall House Bill beneficiaries pursuing programs of education be effective only through September 30, 2013. on a less-than-half-time basis, through farm Section 4 of H.R. 2297, as amended, would cooperative programs, correspondence AUTHORIZATION FOR STATE APPROVING AGEN- extend, through December 31, 2009, the Vet- courses, special restorative training pro- CIES TO APPROVE CERTAIN ENTREPRENEUR- erans’ Advisory Committee on Education, as grams, or programs of apprenticeship or SHIP COURSES well as amend the language to eliminate the other approved on-job training programs. Current Law requirement that veterans from certain periods—World War II, Korean conflict era, or Section 3675 of title 38, United States Code, House Bill post-Korean conflict era—be required to par- establishes requirements for approval of ac- The House Bill contains no comparable ticipate as members of the Advisory Com- credited courses offered by educational insti- provision. mittee. tutions. Section 3452 of title 38, United Senate Bill States Code, furnishes various legal defini- Senate Bill Section 104 of S. 1132, as amended, would tions used in the administration of VA edu- Section 342 of S. 1132, as amended, would raise monthly DEA benefits by 13.4 percent cational assistance programs. Section 3471 of extend the Veterans’ Advisory Committee on over current levels. The new rates would be title 38, United States Code, establishes gen- Education through December 31, 2013, and set at $788 for full-time study, $592 for three- eral requirements which must be met by edu- maintain the existing membership require- quarter time study, and $394 for half-time cational institutions before VA may approve ments, as practicable. study. A 13.4 percent increase would also be applications for educational assistance from Compromise Agreement made to benefits paid to eligible persons pur- veterans or eligible persons. There is no pro- Section 307 of the Compromise Agreement suing a program of education on a less than vision in current law authorizing the ap- follows the Senate language with regard to half-time basis, through institutional proval of entrepreneurship courses. membership, and the House language with courses, farm cooperative programs, cor- House Bill respondence courses, special restorative regard to extending the Advisory Commit- training programs, or programs of appren- Section 2 of H.R 1460, as amended, would tee’s authorization date through December ticeship or other approved on-job training allow State approving agencies to approve 31, 2009. programs. The increases would take effect on non-degree, non-credit entrepreneurship PROCUREMENT PROGRAM FOR SMALL BUSINESS July 1, 2004. courses offered by a Small Business Develop- CONCERNS OWNED AND CONTROLLED BY QUALI- ment Center (‘‘SBDC’’) or the National Vet- FIED SERVICE-DISABLED VETERANS Compromise Agreement erans Business Development Corporation for Current Law Section 302 of the Compromise Agreement the training of veterans, disabled veterans, follows the Senate language. dependent spouses and children of certain Sections 631 through 657 of title 15, United States Code, establish policies with respect RESTORATION OF SURVIVORS’ AND DEPENDENTS’ disabled or deceased veterans, and members to aid to small businesses. Section 637 speci- EDUCATION BENEFITS OF INDIVIDUALS BEING of the National Guard and Selected Reserve. fies Small Business Administration (‘‘SBA’’) ORDERED TO FULL-TIME NATIONAL GUARD VA would also be prohibited from consid- authorities regarding procurement matters. DUTY ering a beneficiary as already qualified for Section 637(a) specifies SBA authorities with Current Law the objective of a program of education offered by a qualified provider of an entrepre- respect to procurement contracts and sub- Section 3512(h) of title 38, United States neurship course solely because he or she is contracts to disadvantaged small business Code, provides for an extension of Survivors’ the owner or operator of a small business. concerns. Section 637(d) establishes policies and Dependents’ Educational Assistance regarding performance of contracts by small Senate Bill only to reservists called to active duty after business concerns (‘‘SBC’’), as described in September 11, 2001, for an amount of time The Senate Bill contains no comparable title 15, United States Code. Section 637(h) equal to that period of full-time duty, plus 4 provision. establishes policies regarding award of con- months. Compromise Agreement tracts, procedures other than competitive House Bill Section 305 of the Compromise Agreement ones, and exceptions. Section 3 of H.R. 2297, as amended, would follows the House language. House Bill provide that National Guard members who REPEAL OF PROVISIONS RELATING TO OBSOLETE Section 3 of H.R. 1460, as amended, would qualify for survivors’ and dependents’ edu- EDUCATION LOAN PROGRAM provide Federal agencies discretionary au- cation benefits under chapter 35 of title 38, Current Law thority to create ‘‘sole-source’’ contracts for United States Code, and are involuntarily or- service-disabled veteran-owned and con- Subchapter III of chapter 36 of title 38, dered to full-time duty under title 32, United trolled small businesses, up to $5 million for United States Code, establishes VA’s edu- States Code, after September 11, 2001, would manufacturing contract awards and up to $3 cation loan program, states policy regarding have their eligibility extended by an amount million for non-manufacturing contract eligibility, amount, condition, and interest of time equal to that period of full-time awards. rates of loans, and establishes a revolving duty, plus 4 months. This section would provide Federal agen- fund and insurance against defaults as part cies discretionary authority to restrict cer- Senate Bill of its administration. This program has been tain contracts to service-disabled veteran- Section 103 of S. 1132, as amended, contains in effect since January 1, 1975. owned and controlled small businesses if at an identical provision. House Bill least two such concerns are qualified to bid Compromise Agreement Section 5 of H.R. 2297, as amended, would, on the contract. Section 303 of the Compromise Agreement effective on the date of enactment, repeal Section 3 would establish a contracting contains this provision. the VA education loan program and waive priority that places restricted and ‘‘sole

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.011 S19PT1 S15136 CONGRESSIONAL RECORD — SENATE November 19, 2003 source’’ contracts for service-disabled vet- Federal contracting officials a means to im- with special fixtures made necessary by the eran-owned and controlled small businesses prove their results with respect to con- nature of the veteran’s service-connected immediately below the priority for socially tracting with service-disabled veterans. The disability, and with the necessary land. The and economically disadvantaged firms Committees note that in 1999, Public Law maximum amount authorized for a severely (known as ‘‘8(a)’’ program contracts) for all 106–50 established a 3 percent government- disabled veteran is $48,000. The maximum Federal departments and agencies except wide goal for procurement from service-dis- amount authorized for less severely disabled VA. Such priorities for service-disabled vet- abled veteran-owned small businesses. To veterans is $9,250. eran-owned and controlled small businesses date, all Federal agencies fall far short of Section 3902(a) of title 38, United States would rank above priorities for HUBZone reaching this procurement goal. The Com- Code, authorizes the Secretary to pay up to and women-owned businesses. HUBZones are mittees intend that a determination of serv- $9,000 to an eligible disabled servicemember SBCs located in historically underutilized ice-connection by the Secretary of Veterans or veteran to purchase an automobile (in- business zones. However, a contracting offi- Affairs would be binding on the SBA for pur- cluding all state, local, and other taxes). cer would procure from a source on the basis poses of participation in this program. The House Bill of a preference provided under any provision Committees also urge the SBA and the Office Section 10(a) of H.R. 2297, as amended, of this legislation unless the contracting of- of Federal Procurement Policy to expedi- would increase the specially adapted housing ficer had determined the procurement could tiously and transparently implement this grants for the most severely disabled vet- be made by a contracting authority having a program, perform outreach, and provide the erans from $48,000 to $50,000, and from $9,250 higher priority. Lastly, procurement could necessary resources to improve results with to $10,000 for less severely disabled veterans. not be made from a source on the basis of respect to SBCs owned and operated by serv- Section 10(b) would increase the specially preference provided under this legislation if ice-disabled veterans. adapted automobile grant from $9,000 to the procurement could otherwise be made OUTSTATIONING OF TRANSITION ASSISTANCE $11,000. from a different source under section 4124 or PROGRAM PERSONNEL 4125 of title 18, United States Code, or the Senate Bill Current Law Javits-Wagner-O’Day Act. The Senate Bill contains no comparable Section 3 would establish a four-year pilot Section 1144 of title 10, United States Code, provision. program in the Department of Veterans Af- authorizes the Secretary of Labor to place Compromise Agreement fairs in which service-disabled veteran- staff in veterans’ assistance offices on military installations, both foreign and domes- Section 402 of the Compromise Agreement owned and controlled small businesses would follows the House language. have the same contracting priority as the tic, to help transitioning servicemembers ob- 8(a) program. tain civilian jobs. PERMANENT AUTHORITY FOR HOUSING LOANS This section would define ‘‘qualified serv- House Bill FOR MEMBERS OF THE SELECTED RESERVE ice-disabled veteran’’ as any veteran who (1) Section 19 of H.R. 2297, as amended, would Current Law has one or more disabilities that are service- require the Department of Labor to place Under section 3702(a)(2)(E) of title 38, connected as defined in section 101(16) of staff in veterans’ assistance offices where VA United States Code, members of the Selected title 38, United States Code, and are rated at staff are located at overseas military instal- Reserve qualify for a VA home loan if the re- 10 percent or more by the Secretary of Vet- lations 90 days after enactment. It would servist has served for a minimum of six erans Affairs, or (2) is entitled to benefits also authorize the Department of Labor to years. Eligibility for reservists under this under section 1151 of title 38, United States exceed the number of VA locations and place program is scheduled to expire on September Code. staff in additional locations abroad. 30, 2009. Section 3 would define ‘‘small business House Bill concerns owned and controlled by qualified Senate Bill service-disabled veterans’’ as (1) one in The Senate Bill contains no comparable Section 13 of H.R. 2297, as amended, would which not less than 51 percent of which is provision. make the Selected Reserve home loan program permanent. owned by one or more qualified service-dis- Compromise Agreement Senate Bill abled veterans or, in the case of any pub- Section 309 of the Compromise Agreement licly-owned businesses, not less than 51 per- follows the House language with a technical The Senate Bill contains no comparable cent of the stock of which is owned by one or modification. provision. more qualified service-disabled veterans, and Compromise Agreement (2) the management and daily business oper- TITLE IV: HOUSING BENEFITS AND ations of which are controlled by one or RELATED MATTERS Section 403 of the Compromise Agreement more qualified service-disabled veterans or, AUTHORIZATION TO PROVIDE ADAPTED HOUSING follows the House language. in the case of a veteran with permanent and ASSISTANCE TO CERTAIN DISABLED MEMBERS REINSTATEMENT OF MINIMUM REQUIREMENTS severe disability, the spouse or permanent OF THE ARMED FORCES WHO REMAIN ON AC- FOR SALE OF VENDEE LOANS care giver of the veteran. TIVE DUTY Current Law Section 3 would define the term ‘‘certified Current Law Section 3733 of title 38, United States Code, small business concerns owned and con- Section 2101 of title 38, United States Code, generally establishes property management trolled any qualified service-disabled vet- provides for grants to adapt or acquire suit- policies for real property acquired by the De- erans’’ as any small business concern owned able housing for certain severely disabled partment of Veterans Affairs as a result of a and controlled by qualified service-disabled veterans, including veterans who are unable default on a loan that VA has guaranteed. veterans that is certified by the Adminis- to ambulate without assistance. Severely trator of the Small Business Administration House Bill disabled servicemembers who have not yet as being such a concern. Section 15 of H.R. 2297, as amended, would been processed for discharge from military reinstate the vendee loan program which VA Senate Bill service, but who will qualify for the benefit administratively terminated on January 31, The Senate Bill contains no comparable upon discharge due to the severity of their 2003. It would increase from 65 percent to 85 provision. disabilities, are not allowed to apply for or percent the maximum number of purchases Compromise Agreement receive the grant until they are actually dis- of real property the Secretary may finance charged from military service. Section 308 of the Compromise Agreement in a fiscal year. It would change the vendee would provide Federal contracting officials House Bill loan program from a discretionary to a man- the discretionary authority to award sole Section 4 of H.R. 1460, as amended, would datory one. source contracts (limited to contracts of up permit a member of the Armed Forces to Senate Bill to $5 million for manufacturing and $3 mil- apply for and receive a grant prior to actu- Section 308 of S. 1132, as amended, contains lion for non-manufacturing) to SBCs owned ally being discharged from military service. and controlled by service-disabled veterans. an identical provision. Senate Bill This section would also provide Federal con- Compromise Agreement The Senate Bill contains no comparable tracting officials, in certain circumstances, Section 404 of the Compromise Agreement provision. the discretionary authority to award con- contains this provision. However, the Com- tracts on a restricted competition basis to Compromise Agreement promise Agreement specifies that the SBCs owned and controlled by service-dis- Section 401 of the Compromise Agreement changes made under this provision shall ex- abled veterans. This provision would not follows the House language. pire after September 30, 2013. supercede any existing procurement pref- INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE ADJUSTMENT TO HOME LOAN FEES AND UNI- erence established under law. Specifically, it BENEFITS FOR DISABLED VETERANS FORMITY OF FEES FOR QUALIFYING RESERVE would not accord service-disabled veteran MEMBERS WITH FEES FOR ACTIVE DUTY VET- small business owners priority over procure- Current Law ERANS ment preferences under the Federal Prison The Secretary of Veterans Affairs is au- Industries, Javits-Wagner-O’Day, SBA 8(a), thorized in chapter 21 of title 38, United Current Law Women’s, or HubZone programs. Rather, the States Code, to assist eligible veterans in ac- Section 3729(a) of title 38, United States Committees intend the provision to provide quiring suitable housing and adaptations Code, requires that a fee shall be collected

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.013 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15137 from each person (1) obtaining a housing TITLE V: BURIAL BENEFITS ensure that the Secretary’s judgment on loan guaranteed, insured, or made under BURIAL PLOT ALLOWANCE waiver cases is being applied uniformly to all chapter 37; and (2) assuming a loan to which applicants. The Committees direct VA to Current Law section 3714 (concerning loan assumptions) rectify gaps in its waiver-accounting system applies. The fee may be included in the loan. Veterans who are discharged from active so that basic information, such as which per- Section 3729(b) of title 38, United States duty service as a result of a service-con- sons are denied burial waivers and the rea- Code, determines the amount of the home nected disability, veterans who are entitled sons for the denial, will be available. loan fees expressed as a percentage of the to disability compensation or VA pension, PERMANENT AUTHORITY FOR STATE CEMETERY total amount of the loan guaranteed, in- and veterans who die in a VA facility are eli- GRANTS PROGRAM sured, or made, or, in the case of a loan as- gible for a $300 VA ‘‘plot allowance’’ if they sumption, the unpaid principal balance of are not buried in a national cemetery. Sec- Current Law the loan on the date of the transfer of the tion 2303(b)(1) of title 38, United States Code, Section 2408(a)(2) of title 38, United States property. allows state cemeteries to receive the $300 Code, authorizes appropriations, through fis- Section 3729(b)(2) requires that veterans plot allowance payment for the interment of cal year 2004, for VA to make grants to who served in the Selected Reserve pay 75 such veterans, and the interment of veterans States to assist them in establishing, ex- basis points more than veterans with active of any war, if the cemeteries are used solely panding, or improving state veterans’ ceme- duty service. for the burial of veterans. However, states teries. House Bill may not receive a plot allowance for burial House Bill Section 14 of H.R. 2297, as amended, would of veterans who die as a result of a service- Section 8 of H.R. 2297, as amended, would make four revisions to the Loan Fee Table. connected disability and whose survivors make the State Cemetery Grants Program First, it would provide uniformity in the seek reimbursement of funeral expenses permanent. under section 2307 of title 38, United States funding fees for VA-guaranteed home loans Senate Bill charged to those who served in the Selected Code (which currently authorizes a $2,000 fu- Section 203 of S. 1132, as amended, contains Reserve and veterans with active duty serv- neral expense benefit). a similar provision with an additional tech- ice. Second, beginning in fiscal year 2004, it House Bill nical change. would increase the fee charged for loans The House Bill contains no comparable Compromise Agreement made with no down payment by 15 basis provision. points. Third, it would increase the fee Section 503 of the Compromise Agreement charged for repeated use of the home loan Senate Bill follows the Senate language. benefit, i.e., for a second or subsequent loan, Section 201 of S. 1132, as amended, would TITLE VI: EXPOSURE TO HAZARDOUS by 30 basis points for the fiscal year 2004–2011 expand existing law to allow states to re- SUBSTANCES period and by 90 basis points in fiscal years ceive the $300 plot allowance for the inter- RADIATION DOSE RECONSTRUCTION PROGRAM OF 2012 and 2013. Fourth, it would replace the ment of veterans who did not serve during a DEPARTMENT OF DEFENSE existing range of fees for hybrid adjustable wartime period and for the interment of vet- rate mortgages under the current pilot pro- erans who died as a result of service-con- Current Law gram with a flat fee of 1.25 percent. nected disabilities and whose survivors Section 3.311 of title 38, Code of Federal Senate Bill sought reimbursement of funeral expenses Regulations, sets out procedures for the ad- Section 307 of S. 1132, as amended, would under section 2307 of title 38, United States judication of claims by VA for benefits pre- increase the funding fees for subsequent use Code. mised on a veteran’s exposure to ionizing ra- of a guaranty by 50 basis points, but only be- Compromise Agreement diation in service. For veterans who claim radiation exposure due to participation in tween fiscal years 2005 and 2011. Section 501 of the Compromise Agreement nuclear atmospheric testing from 1945 Compromise Agreement follows the Senate language. through 1962, or due to occupation duty in Section 405 of the Compromise Agreement ELIGIBILITY OF SURVIVING SPOUSES WHO RE- Hiroshima and Nagasaki prior to July 1, 1946, would follow the House language, except MARRY FOR BURIAL IN NATIONAL CEMETERIES dose data are requested from the Department that a funding fee for members of the Se- Current Law of Defense (‘‘DOD’’). DOD’s Defense Threat lected Reserve would, for initial use of a Section 2402(5) of title 38, United States Reduction Agency (‘‘DTRA’’) pays a private guaranty, be set 25 basis points higher than contractor to estimate radiation exposure applicable funding fees set for veterans with Code, prohibits a surviving spouse of a veteran who has remarried from being buried through a process called radiation dose re- active duty service. Further, for the period construction. January 1, 2004 through September 30, 2004 with the veteran spouse in a national cemetery if the remarriage is in effect when the There is no entity under existing law only, in the case of active-duty veterans which provides independent oversight of making initial loans with zero dollars down, veteran’s surviving spouse dies. Public Law 103–466 revised eligibility criteria for burial DTRA’s radiation dose reconstruction proc- the fee would be increased from 2.15 percent ess. to 2.20 percent. In addition, the Compromise in a national cemetery to reinstate burial Agreement would not effect a 1.25 percent eligibility for a surviving spouse of an eligi- House Bill flat fee for hybrid adjustable rate mortgage ble veteran whose subsequent remarriage The House Bill contains no comparable loans. was terminated by death or divorce. provision. ONE-YEAR EXTENSION OF PROCEDURES ON LIQ- House Bill Senate Bill UIDATION SALES OF DEFAULTED HOME LOANS Section 7 of H.R. 2297, as amended, would Section 331 of S. 1132, as amended, would GUARANTEED BY THE DEPARTMENT OF VET- allow the surviving spouse of a veteran to be require VA and DOD to review, and report on ERANS AFFAIRS eligible for burial in a VA national cemetery the mission, procedures, and administration Current Law based on his or her marriage to the veteran, of the radiation dose reconstruction pro- Section 3732 of title 38, United States Code, regardless of the status of the subsequent gram. It would also require VA and DOD to defines the procedures for a liquidation sale marriage. This eligibility revision would be establish an advisory board to oversee the of a property acquired by VA in the event of effective January 1, 2000. program. a default on a VA-guaranteed home loan. Senate Bill Compromise Agreement The procedures direct VA to follow a for- Section 202 of S. 1132, as amended, contains Section 601 of the Compromise Agreement mula, defined in statute, which mandates VA a similar provision, with the eligibility revi- follows the Senate language. consider losses it might incur when selling sion being effective on date of enactment. STUDY ON DISPOSITION OF AIR FORCE HEALTH properties acquired through foreclosure. Ul- STUDY timately, after considering the loss VA can Compromise Agreement make a determination whether to, in fact, Section 502 of the Compromise Agreement Current Law acquire the property or simply pay the guar- follows the House language. Despite the in- The Air Force Health Study (‘‘AFHS’’) was anty on the loan used to purchase the prop- clusion of an additional group of persons initiated by DOD in 1982 to examine the ef- erty. The authority for these procedures is (i.e., remarried spouses) eligible for national fects of herbicide exposure and health, mor- currently set to expire on October 1, 2011. cemetery burial under the Compromise tality, and reproductive outcomes in vet- House Bill Agreement, the Secretary retains the au- erans of Operation Ranch Hand, the activity The House Bill contains no comparable thority under section 2402(6) of title 38, responsible for aerial spraying of herbicides provision. United States Code, to grant or deny na- during the Vietnam Conflict. The study will tional cemetery burial for other persons, or Senate Bill conclude in 2006. classes of persons, not explicitly granted eli- House Bill The Senate Bill contains no comparable gibility in statute. It has come to the Com- provision. mittees’ attention that VA’s record-keeping The House Bill contains no comparable Compromise Agreement system concerning which persons are grant- provision. Section 406 of the Compromise Agreement ed or denied waivers for burial in national Senate Bill would extend the application of the liquida- cemeteries is, at best, incomplete. Adequate Section 332 of S. 1132, as amended, would tion sale procedures through October 1, 2012. records on burial waivers are necessary to direct VA to enter into an agreement with

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.015 S19PT1 S15138 CONGRESSIONAL RECORD — SENATE November 19, 2003 the National Academy of Sciences (‘‘NAS’’) Compromise Agreement retary of Veterans Affairs must, on a regular under which NAS would report on the fol- Section 701 of the Compromise Agreement basis, consult with and seek the advice of the lowing: (1) the scientific merit of retaining would follow the Senate language, but would Advisory Committee with respect to issues AFHS data after the Ranch Hand study is make a further amendment to section 5103(b) relating to the administration of benefits for terminated; (2) obstacles to retaining the of title 38, United States Code, to remove the minority group veterans. The Secretary AFHS data which may exist; (3) the advis- statutory bar to payment of benefits when must also consult with and seek the advice ability of providing independent oversight of information or evidence, requested of the of the Committee with respect to reports and the data; (4) the advisability and prospective claimant by VA, is not submitted within one studies pertaining to such veterans, and the costs of extending the study and the identity year of the notification requesting such in- needs of such veterans for compensation, of an entity which would be suited to con- formation or evidence. If a matter is on ap- health care, rehabilitation, outreach, and tinue the study; and (5) the advisability of peal and evidence is received beyond the one- other benefits and programs administered by making laboratory specimens from the study year period relating to the original claim, it VA. The Advisory Committee is required to available for independent research. should be considered. submit an annual report providing its assess- Compromise Agreement Section 701(d)(1) of the Compromise Agree- ment of the needs of minority veterans, VA Section 602 of the Compromise Agreement ment would require VA to readjudicate the programs designed to meet those needs, and follows the Senate language, but the report- original claim when a claimant adequately any recommendations the Advisory Com- ing deadline is extended to 120 days. asserts he or she was misled upon receiving mittee considers appropriate. The authoriza- notification from VA of the information or tion for the Advisory Committee expires on FUNDING OF MEDICAL FOLLOW-UP AGENCY OF evidence needed to substantiate the claim. December 31, 2003. INSTITUTE OF MEDICINE OF NATIONAL ACAD- However, section 701(d)(4) specifies that the House Bill EMY OF SCIENCES FOR EPIDEMIOLOGICAL RE- Secretary is not required to identify or re- SEARCH ON MEMBERS OF THE ARMED FORCES The House Bill contains no comparable adjudicate any claim based upon the author- AND VETERANS provision. ity given to the Secretary under this section Senate Bill Current Law when information or evidence was submitted Public Law 102–585 requires that VA and during the one-year period following the no- Section 341 of S. 1132, as amended, would DOD each contribute $250,000 in annual core tification or when the claim has been the extend the authorization of the Advisory funding to the Medical Follow-Up Agency subject of a timely appeal to the Board of Committee on Minority Veterans until De- (‘‘MFUA’’) for a period of 10 years. MFUA is Veterans’ Appeals or the United States cember 31, 2007. a panel of the Institute of Medicine which re- Court of Appeals for Veterans Claims. Compromise Agreement searches military health issues. CLARIFICATION OF APPLICABILITY OF PROHIBI- Section 703 of the Compromise Agreement House Bill TION ON ASSIGNMENT OF VETERANS BENEFITS would extend the authorization of the Advi- The House Bill contains no comparable TO AGREEMENTS ON FUTURE RECEIPT OF CER- sory Committee until December 31, 2009. provision. TAIN BENEFITS TEMPORARY AUTHORITY FOR PERFORMANCE OF Senate Bill Current Law MEDICAL DISABILITIES EXAMINATIONS BY CON- Section 333 of S. 1132, as amended, would Section 5301 of title 38, United States Code, TRACT PHYSICIANS mandate VA and DOD funding for MFUA, at prohibits the assignment of VA benefits and Current Law current levels, from fiscal year 2004 through exempts such benefits from taxation and Section 504 of Public Law 104–275 author- 2013. from the claims of creditors. ized VA to carry out a contract disability ex- Compromise Agreement House Bill amination pilot program at 10 VA regional Section 603 of the Compromise Agreement The House Bill contains no comparable offices. The law specifies that VA draw funds follows the Senate language. provision. for the program from amounts available to the Secretary of Veterans Affairs for com- TITLE VII: OTHER MATTERS Senate Bill pensation and pensions. TIME LIMITATIONS ON RECEIPT OF CLAIM INFOR- Section 311 of S. 1132, as amended, would House Bill MATION PURSUANT TO REQUESTS OF DEPART- clarify current statutory language prohib- MENT OF VETERANS AFFAIRS iting the assignment of benefits and specify The House Bill contains no comparable provision. Current Law that any agreement under which a VA bene- Senate Bill Section 5102(b) of title 38, United States ficiary might purport to transfer to another Code, requires that VA, in cases where it re- person or entity the right to receive direct Section 343 of S. 1132, as amended, would ceives an application for benefits that is not or indirect payments of compensation, pen- authorize VA, using funds subject to appro- complete, notify the applicant of the infor- sion, or DIC benefits shall be deemed to be a priation, to contract for disability examina- mation that is necessary to complete the ap- prohibited assignment. Section 311 would tions from non-VA providers at all VA re- plication for benefits. Similarly, section also make it clear that such prohibitory lan- gional offices. Such examinations would be 5103(a) of title 38, United States Code, re- guage would not bar loans to VA bene- conducted pursuant to contracts entered quires that VA, when it receives a complete ficiaries which might be repaid with funds into and administered by the Under Sec- or a substantially complete application for derived from VA, so long as each periodic retary for Benefits. The Secretary’s author- benefits, notify the applicant of any informa- payment made under the loan is separately ity under this section would expire on De- tion or evidence necessary to substantiate and voluntarily executed by the beneficiary cember 31, 2009. No later than four years the claim. Section 5103(b) of title 38, United at the time the payment is made. after the section’s enactment, the Secretary States Code, states that if information or Compromise Agreement would be required to submit a report assessing the cost, timeliness, and thoroughness of evidence requested under section 5103(a) is Section 702 of the Compromise Agreement disability examinations performed under not received within one year of the date of would follow the Senate language but would this section. such notification, no benefit may be paid by modify it to state that payments on loans reason of that application for benefits. are explicitly allowed when made by Compromise Agreement House Bill preauthorized electronic funds transfers pur- Section 704 of the Compromise Agreement The House Bill contains no comparable suant to the Electronic Funds Transfers Act follows the Senate language, but adds a tech- provision. (‘‘EFTA’’). The EFTA defines a char- nical modification that would clarify that acteristic of these transfers as allowing the the authority granted the Secretary under Senate Bill beneficiary to direct his or her financial in- section 704 of the Compromise Agreement is Section 310 of S. 1132, as amended, would stitution to cease payments upon the bene- in addition to the authority already granted require that claimants who have submitted ficiary’s notice. It is the Committees’ intent the Secretary under Section 504 of Public an incomplete application under section to ensure that methods of loan repayment Law 104–275. Thus, it is the Committees’ in- 5102(b) of title 38, United States Code, and would not be limited for disabled veterans. tent that VA’s existing contract for dis- who have been notified that information is The Compromise Agreement would also ability examinations under the authority of required to complete the application, submit eliminate the section that specifies the effec- Public Law 104–275 remain in force. It is also the information within one year of the date tive date of the provision. It is the Commit- the Committees’ intent that the Secretary’s of notification or else no benefit would be tees’ intent that prohibition against assign- ability to enter into contracts in the future paid by reason of the application. It would ment shall be enforced through coordination under the strictures of Section 504 of Public also clarify section 5103(b) by stating that with appropriate authorities. Law 104–275 remain in force as well. that subsection would not be construed to SIX-YEAR EXTENSION OF ADVISORY COMMITTEE FORFEITURE OF BENEFITS FOR SUBVERSIVE prohibit VA from making a decision on a ON MINORITY VETERANS ACTIVITIES claim before the expiration of the one-year period. Section 310 would be effective as if Current Law Current Law enacted on November 9, 2000, immediately Section 544 of title 38, United States Code, Section 6105 of title 38, United States Code, after the enactment of the Veterans Claims mandates that VA establish an Advisory provides that an individual convicted after Assistance Act of 2000. Committee on Minority Veterans. The Sec- September 1, 1959, of any of several specified

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.017 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15139 offenses involving subversive activities shall LEGISLATIVE PROVISIONS NOT purchase of a manufactured home and a lot have no right to gratuitous benefits (includ- ADOPTED on which it is sited. ing the right to burial in a national ceme- CLARIFICATION OF NOTICE OF DISAGREEMENT House Bill tery) under laws administered by the Sec- FOR APPELLATE REVIEW OF DEPARTMENT OF The House Bill contains no comparable retary of Veterans Affairs. No other person VETERANS AFFAIRS ACTIVITIES provision. shall be entitled to such benefits on account Current Law of such individual. Senate Bill Claimants for VA benefits who disagree Section 306 of S. 1132, as amended, would House Bill with an initial decision rendered by VA may eliminate VA’s authority to guarantee loans Section 20 of H.R. 2297, as amended, would initiate an appeals process by submitting a amend current law to supplement the list of written notice of disagreement (‘‘NOD’’) to purchase a manufactured home and the serious Federal criminal offenses for which a within one year after the claimant was noti- lot on which it is sited. veteran’s conviction results in a bar to VA fied of the initial decision. Section 7105(b) of REINSTATEMENT OF VETERANS VOCATIONAL benefits, including burial in a national ceme- title 38, United States Code, states that an TRAINING PROGRAM FOR CERTAIN PENSION RE- tery. The following criminal offenses from NOD ‘‘must be in writing and filed with the CIPIENTS title 18, United States Code, would be added: activity which entered the determination Current Law section 175, prohibited activities with respect with which disagreement is expressed.’’ Upon Section 1524 of title 38, United States Code, the timely filing of an NOD, VA is required to biological weapons; section 229, prohibited authorized a pilot program of vocational to provide appellate review of its initial ben- activities with respect to chemical weapons; training to certain nonservice-connected section 831, prohibited transactions involv- efits rating decision. VA has promulgated regulations to imple- pension recipients. The initial pilot program ing nuclear materials; section 1091, genocide; was in place from February 1, 1985, through section 2332a, use of certain weapons of mass ment section 7105 of title 38, United States Code, which state that ‘‘while special word- January 31, 1992. Public Law 102–562 extended destruction; and section 2332b, acts of ter- the program through December 31, 1995. rorism transcending national boundaries. All ing is not required, the Notice of Disagree- House Bill of these offenses, which involve serious ment must be in terms which can be reason- threats to national security, were added to ably construed as disagreement with the de- Section 9 of H.R. 2297, as amended, would title 18, United States Code, after the enact- termination and [expressing a] desire for ap- reinstate the VA pilot program for five years ment of the provisions in section 6105 of title pellate review.’’ 38 CFR § 20.201 (2002). beginning on the date of enactment to pro- 38, United States Code. House Bill vide vocational training to newly eligible VA Senate Bill The House Bill contains no comparable nonservice-connected pension recipients. The program would be open to those veterans age Section 313 of S. 1132, as amended, contains provision. Senate Bill 45 years or younger. The Department of Vet- an identical provision. erans Affairs would be required to ensure Compromise Agreement Section 314 of S. 1132, as amended, would clarify section 7105(b) of title 38, United that the availability of vocational training Section 705 of the Compromise Agreement States Code, by requiring that VA deem any is made known through various outreach contains this provision. written document which expresses disagree- methods. Not later than two years after the TWO-YEAR EXTENSION OF ROUND-DOWN RE- ment with a VA decision to be an NOD unless date of enactment, and each year thereafter, QUIREMENT FOR COMPENSATION COST-OF-LIV- VA finds that the claimant has disavowed a the Secretary would be required to submit to ING ADJUSTMENTS desire for appellate review. This section the Committees on Veterans’ Affairs of the Current Law would be effective with respect to documents Senate and the House of Representatives a Sections 1104(a) and 1303(a) of title 38, filed on or after the date of enactment, and report on the operation of the pilot program. United States Code, mandate that yearly with respect to documents filed before the The report would include an evaluation of cost-of-living adjustments made to rates of date of enactment and not treated by VA as the vocational training provided, an analysis compensation and dependency and indem- an NOD pursuant to part 20.201 of title 38, of the cost-effectiveness of the training pro- nity compensation be rounded down to the Code of Federal Regulations. Furthermore, a vided, and data on the entered-employment nearest whole dollar amount. This authority document filed as an NOD after March 15, rate of veterans participating in the pro- expires on September 30, 2011. 2002, and rejected by the Secretary as insuffi- gram. cient would, at VA motion or at the request House Bill Senate Bill of a claimant within one year of enactment, The Senate Bill contains no comparable The House Bill contains no comparable be deemed to be an NOD if the document ex- provision. provision. presses disagreement with a decision and VA Senate Bill finds that the claimant has not disavowed a THREE-YEAR EXTENSION OF INCOME Section 301 of S. 1132, as amended, would desire for appellate review. VERIFICATION AUTHORITY extend the round-down authority under sec- PROVISION OF MARKERS FOR PRIVATELY Current Law tions 1104(a) and 1303(a) through fiscal year MARKED GRAVES Section 5317 of title 38, United States Code, 2013. Current Law directs VA to notify applicants for needs- Compromise Agreement Section 502 of Public Law 107–103, the Vet- based VA benefits that information collected Section 706 of the Compromise Agreement erans Education and Benefits Expansion Act from the applicants may be compared with follows the Senate language. of 2001, authorizes VA to furnish a govern- income-related information obtained by VA from the Internal Revenue Service and the CODIFICATION OF REQUIREMENT FOR EXPEDI- ment headstone or marker for the grave of Department of Health and Human Services. TIOUS TREATMENT OF CASES ON REMAND an eligible veteran buried in a non-veterans’ cemetery irrespective of whether the grave The authority of the Secretary of Veterans Current Law was already marked with a private marker. Affairs to obtain such information expires on Section 302 of Public Law 103–446 requires The law applies to veterans whose deaths oc- September 30, 2008. the Secretary of Veterans Affairs to provide curred on or after December 27, 2001. Public Section 6103(l)(7)(D)(viii) of the Internal for the expeditious treatment by the Board Law 107–330 extended this authority to in- Revenue Code authorizes the release of in- of Veterans’ Appeals and by regional offices clude deaths occurring on or after September come information by the Internal Revenue of the Veterans Benefits Administration of 11, 2001. Service to VA. This authority expires on claims remanded by the Board of Veterans’ House Bill September 30, 2008. Appeals or the United States Court of Ap- The House Bill contains no comparable House Bill peals for Veterans Claims. provision. The House Bill contains no comparable House Bill Senate Bill provision. The House Bill contains no comparable Section 204 of S. 1132, as amended, would Senate Bill provision. amend the Veterans Education and Benefits Section 312 of S. 1132, as amended, would Senate Bill Expansion Act of 2001 to authorize VA to fur- extend until September 30, 2011, the author- The Senate Bill contains no comparable nish a government headstone or marker for ity of the Secretary to obtain income infor- provision. the grave of an eligible veteran buried in a mation under section 5317 of title 38, United private cemetery, irrespective of whether Compromise Agreement States Code, and the authority of the Inter- the grave was already marked with a private Section 707 of the Compromise Agreement nal Revenue Service to share income infor- would codify the provisions of section 302 of marker, for deaths occurring on or after No- vember 1, 1990. mation under section 6103(l)(7)(D)(viii) of the Public Law 103–446. Expedited treatment of Internal Revenue Code. TERMINATION OF AUTHORITY TO GUARANTEE decisions of the Board of Veterans’ Appeals Mr. GRAHAM of Florida. Madam would be codified in chapter 51 of title 38, LOANS TO PURCHASE MANUFACTURED HOMES United States Code. Expedited treatment of AND LOTS President, as Ranking Member of the decisions of the United States Court of Ap- Current Law Committee on Veterans’ Affairs, I urge peals for Veterans Claims would be codified Section 3712 of title 38, United States Code, the Senate to pass H.R. 2297, the pro- in chapter 71 of title 38, United States Code. authorizes VA to guarantee loans for the posed Veterans Benefits Act of 2003.

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.019 S19PT1 S15140 CONGRESSIONAL RECORD — SENATE November 19, 2003 The pending measure, which I will posed. In 1996, Congress authorized VA Finally, the Compromise Agreement refer to as the ‘‘Compromise Agree- to provide benefits to children with would ensure that the core funding for ment,’’ is the final version of an omni- spina bifida whose fathers or mothers the Medical Follow-Up Agency (MFUA) bus bill. This Compromise Agreement served in the Republic of Vietnam and would be extended for 10 more years. would improve a variety of veterans’ might have been exposed to Agent Or- MFUA uses this funding to update, benefits, most significantly for the sur- ange. The Compromise Agreement maintain, and improve long-term epi- vivors of those who lose their lives on would extend theses same benefits to demiological studies of military and active duty, or who die of their service- affected children whose parents served veterans’ populations. Congress, VA, connected conditions. It is entirely ap- in or near the Korean Demilitarized military, and independent scientists propriate that, at a time when we have Zone during the Vietnam era, where have relied on MFUA data since World called our servicemembers into harm’s Agent Orange was also used a defo- War II to evaluate whether specific ex- way, we should extend not only our liant. posures might have long-term health sympathies but critical assistance to I am pleased that the Compromise effects that suggest a need for benefits, the families left behind by those who Agreement also addresses the enduring, new treatments, or further research. have made the ultimate sacrifice. and sometimes invisible, scars of war. Together, all of these provisions dem- I will briefly highlight some of the Recognizing the long-term effects of onstrate that our nation will continue most important provisions, and refer prolonged malnutrition and confine- its commitment to those veterans who my colleagues seeking more detail to ment, current law specifies a list of 15 carry the burdens of the battlefield— disabilities that VA presumes are re- the Joint Explanatory Statement ac- whether obvious or invisible—long lated to military service of former pris- companying the bill. I thank Chairman after the end of the fight. oners of war who were held captive 30 ARLEN SPECTER and his staff for their In conclusion, I want to thank Sen- days or more. This legislation would efforts on behalf of our nation’s vet- ator SPECTER and his benefits staff for eliminate the 30-day requirement for erans, and my colleagues in the House their work on this comprehensive bill, for working with our committee staffs certain physical and mental disorders that could result from as little as a day specifically Bill Tuerk, Jon Towers and to craft this agreement. Chris McNamee, as well as my benefits While this Compromise Agreement of captivity. It would also add cirrhosis of the liver to the list of presumptively staff—Mary Schoelen, Tandy Barrett, enhances many veterans’ benefits, it Ted Pusey, Amanda Krohn, and Faiz focuses particularly on meeting the service-connected disabilities for those former POWs who were held captive for Shakir, along with Julie Fischer, who needs of survivors. I am gratified that recently left the committee, and Pat- Congress plans to increase the rate of at least 30 days, as peer-reviewed studies have shown that former POWs have rick Stone, who has recently joined it. educational benefits for survivors and a higher incidence of this debilitating I urge my colleagues to support this dependents of veterans. This bill would disease. important piece of legislation for our raise education benefits by 13.4 percent Another group of veterans who strug- Nation’s veterans and their families. over current levels—to $788 per month gle with potential long-term health Mr. THOMAS. Madam President, I from $695 for full-time study—creating consequences are those who were ex- ask unanimous consent that the sub- parity with the benefits that the Na- posed to significant doses of ionizing stitute amendment which is at the tion provides to active-duty radiation, particularly in post-war desk be agreed to, the bill, as amended, servicemembers. Family members who Japan and during subsequent nuclear be read a third time and passed, the have already faced the loss of a father, testing. Nearly 20 years ago, Congress motion to reconsider be laid upon the mother, husband, or wife in service, or mandated that veterans who suffered table, and that any statements relating who have helped a servicemember en- from illnesses they believed were to the bill be printed in the RECORD. dure total disability, should not have caused by such radiation could request The PRESIDING OFFICER. Without to face limited educational opportuni- that VA ‘‘reconstruct’’ the actual dose objection, it is so ordered. ties and fragile futures due to resulting of radiation that they received during The amendment (No. 2205) in the na- financial hardships. service. A panel of experts convened by ture of a substitute was agreed to. I am very pleased that we have con- the National Academy of Sciences re- (The amendment is printed in today’s tinued to build upon legislation of the ported that the contractor-operated RECORD under ‘‘Text of Amendments.’’) past two years to assist the surviving program established by the VA to The bill (H.R. 2297), as amended, was spouses of servicemembers. In 2001, produce this data for veterans suffered read the third time and passed. Congress passed legislation to allow from a shockingly cavalier approach to Mr. THOMAS. I yield the floor. survivors of severely disabled veterans quality assurance, resulting in data f to continue receiving VA healthcare that failed to meet the standards as- ENERGY POLICY ACT OF 2003— coverage through the program called sumed by both VA and veterans. The CONFERENCE REPORT—Continued CHAMPVA after age 65. Congress ex- Compromise Agreement would require tended this coverage last year, allow- VA and DOD to establish an advisory The PRESIDING OFFICER (Mr. ing eligible surviving spouses of vet- board to oversee this dose reconstruc- HAGEL). The Senator from Illinois. erans who died from service-connected tion program’s mission, procedures, Mr. DURBIN. Mr. President, what is disabilities or in the line of duty to re- and administration to ensure that it the order of the business before the tain their eligibility for CHAMPVA collects and interprets data adequately Senate? benefits even if they remarried after and fairly. The PRESIDING OFFICER. The Sen- age 55. This year, the committees have Congress required the Air Force to ator is recognized for 30 minutes on the agreed to allow the surviving spouses conduct a long-term epidemiological conference report. to retain survivors’ benefits—Depend- study of the veterans of Operation Mr. DURBIN. Mr. President, I ask ency and Indemnity Compensation, Ranch Hand, the unit responsible for unanimous consent that period of time education allowance and home loan—if aerial spraying of herbicides during the be extended to 45 minutes, if there is they remarry after the age of 57, plac- Vietnam War. This study is about to no objection. ing these spouses on the same footing conclude, and experts agree that both The PRESIDING OFFICER. Is there as those in other Federal survivorship samples and data could still provide objection? programs. key data for many unanswered ques- Without objection, it is so ordered. The committees were also mindful of tions. The Compromise Agreement Mr. DURBIN. Thank you, Mr. Presi- those who must live with the possible would direct VA to enter into an agree- dent. health consequences of a parent’s serv- ment with the National Academy of This is a bill that has been before ice. Recent scientific evidence has sug- Sciences to advise whether the study Congress for quite some time. It is a gested an association between exposure should be continued, describe the steps bill that relates to America’s energy to dioxin, a toxic chemical found in the that would be involved in doing so, and needs. It certainly is one that is time- herbicide Agent Orange, and an in- evaluate the advisability of making ly. Our energy supplies and use of en- creased risk of the birth defect spina laboratory specimens from the study ergy are critical to the state of our bifida in children born to those ex- available for independent research. economy and its growth.

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.005 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15141 This bill was first proposed by the pen. We have seen an expansion of the looking energy policy. But I will tell Bush administration under the leader- American economy over the past sev- you, when you look at the specifics in ship of Vice President CHENEY. Most eral decades while we have reduced pol- this bill, it is clear that it is not bal- people followed it in the news because lution in our air and water. That is a anced. Vice President CHENEY called together positive. It shows we are thinking It is sad to report that this bill, as it a task force to write the administra- ahead, that we are not trying to enjoy is written, has turned out to be a piece tion’s energy policy. When he was the benefit of the moment with energy of legislation which I believe this Con- asked to identify who was in the room, as an expense which our children will gress should reject. This energy policy the people who were involved in the pay for. that is being promoted in this bill is a task force, he refused. Despite the But, sadly, this bill, by its contents, gush of giveaways to corporate special pleas of Members of Congress and re- comes to an opposite conclusion. Be- interests that is masquerading as an quests for that information about the cause this bill finds, first and foremost, energy policy. origin and creation of this energy pol- that in order to pursue the administra- There is a way out of this embarrass- icy, the Vice President basically said tion’s energy policy, and the energy ment for the Senate. There is a way to he was not going to disclose the iden- policy of a Republican majority in Con- come up with an energy policy that tity of those who were part of the en- gress, we have to basically sacrifice our works. That way, of course, is to stop ergy task force. environment. I think that is a horrible this bill and to ask our friends on the The General Accounting Office took conclusion. I find it totally unaccept- important committees dealing with en- the Vice President to court and the able, and it is the reason I stand today ergy to go back to work, go back to Vice President prevailed. He was al- in opposition to this bill. work to deliver a bill which, frankly, lowed to conceal the names and identi- Secondly, aside from the question of will be bipartisan, a bill which will be ties of those who were on the energy whether we can have a sound energy balanced, a bill that will not sacrifice task force. So this idea of an energy policy and a safe environment, we are the environment for energy, and a bill policy was conceived in secret. challenged with this question: Can you which would not be the gush of give- Then there were lengthy debates on promote in America the energy we aways this bill has turned out to be. the floor of the Senate and House need for this generation and future Let me tell you some of the specifics about Energy bills, both during the pe- generations without providing gen- included in this Energy bill when it riod when the Democrats were in con- erous, lavish subsidies to private cor- comes to the environment, specifics trol of the Senate and the period with porations? that tell the story about how what was Now, this morning, one of my col- Republicans in control. We spent conceived as an Energy bill turned out leagues from Oregon, on the Repub- many, many days going through En- to be the worst piece of environmental lican side, came to the floor and was ergy bill options and amendments, vot- legislation that I have seen in the Sen- critical of Governor Dean of Vermont ing on them, and moving forward. The ate. net result of it was we produced a Sen- for saying yesterday that we had to Among the provisions in this bill are ate Energy bill which was sent to con- consider reregulation in America. This the following: It allows more smog pol- ference. Senate critic said that is exactly what lution for longer than the current Conference committees, as defined we do not need. We do not need Govern- Clean Air Act authorizes. Under the ex- under our Constitution, and by the ment regulation in America. isting act, areas that have unhealthy practice and precedent of the Senate, His argument was—and the tradi- air are required to reduce ozone-form- usually involve both political parties tional Republican argument is—let the ing smog pollution by a strict statu- sitting down, and the House and Senate free market work its will. Well, that, tory deadline. If these areas fail to conferees trying to work out some in the abstract, sounds like good medi- meet the deadline, they are given more agreement or some compromise. cine, but in reality it is far from the As has been the case more recently truth. time to clean up, but must adopt more than not, this conference committee The market worked its will with rigorous air pollution control meas- did not follow that standard. The con- Enron. The market has worked its will ures. The bill attempts to allow more ference committee met primarily with with the scandals involving mutual polluted areas more time to clean up Republican Members only, and pri- funds. The market is working its will without having to implement stronger marily in secret. every day when it comes to the cost of air pollution controls, placing a signifi- So ultimately the work product of health insurance to businesses and cant burden on States and commu- this energy conversation or energy families across America. nities downwind from the urban areas. analysis that we have before us today As we look at how the market has This bill exempts all oil and gas con- was not only conceived in secrecy, it worked its will, it is clear the results struction activities including roads, was produced in secrecy. are unacceptable. So the question be- drill pads, pipeline corridors, refin- So today we have a great epiphany, a fore us in the Energy bill is, Can we eries, and compressor stations from great opening, a great revelation. The rely on a free market, then, to develop having to obtain a permit controlling bill is finally before us, and we have a sources of energy in America? polluted storm water runoff as cur- chance to look at this bill, which was The answer from this bill is no. The rently required under the Clean Water brought together with special interest answer from this bill is that the Gov- Act. So in these first two provisions, groups and the Vice President at the ernment must inject itself into the en- this bill violates the Clean Air Act and outset, and which was hammered out ergy sector of our economy and make the Clean Water Act. It delays pollu- in a conference committee with those substantial subsidies to certain ele- tion cleanup in southwestern Michigan same special interest groups. ments in the economy in order for for 2 years while the EPA conducts a Having considered the origin of this America to meet its energy needs. I study, dramatically increases air pollu- bill, and its maturation process, it is will outline some of those subsidies in tion and global warming with huge new no surprise that this bill is heavily a moment. incentives, claims to promote clean larded with giveaways to the energy in- So the two conclusions from this En- coal, which I support, but inhibits its dustry. In fact, if you go through this ergy bill are that America’s energy development by disqualifying federally bill you will find two things that stand supply and its growth are inconsistent funded clean coal projects as best out. The first relates to a question with a safe environment; and, secondly, available control technologies; threat- which we have to face as a nation: Is it that giving the free market its rein, it ens drinking water sources by exempt- possible for us to have a sound energy will not produce the energy that we ing from the Safe Drinking Water Act policy which allows for economic need in the future. Instead, we have to regulation the underground injection growth and sustains our standard of generously subsidize energy markets. of chemicals during oil and gas devel- living without endangering our envi- Now, that is a lot different than what opment. ronment? you have heard from the administra- Do you remember the squabble we I think the answer to that is yes, and tion. They have talked about balance had here in the Senate about arsenic in I think we have proven that it can hap- and they have talked about a forward- drinking water and whether or not it

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.053 S19PT1 S15142 CONGRESSIONAL RECORD — SENATE November 19, 2003 was safe, and how the Bush administra- You can search this bill, 1,400 pages have 12 years. Look at the dramatic tion finally backed off of weakening or more, and not find a word that gives savings we would have in the barrels of regulations that would protect us from you comfort that we as a nation will oil that are consumed. arsenic in drinking water? This so- even seriously consider improving the This is what drilling in the Arctic called Energy bill is going to increase fuel efficiency of the cars and trucks National Wildlife Refuge is worth, this the danger in our drinking water by ex- we drive. Why? Because the big three tiny little line down here. But just by empting from coverage by that act the in Detroit—General Motors, Ford, and increasing the fuel efficiency of our underground injection of chemicals Chrysler—have said they are not capa- during oil and gas development. There cars and trucks, we could answer a ble of producing more fuel-efficient major part of the challenge of Amer- is a whole section on MTBE, which I cars to compete with those that are will speak to specifically. It encour- ica’s energy future. This bill sadly does being imported from Japan. They have nothing. ages the mixture of hazardous waste in convinced the majority in the Senate— cement and concrete products as an al- I know because I offered an amendment In addition, this bill excludes a re- ternative to safe disposal in permitted to improve fuel efficiency—that Amer- newable portfolio standard. It does not hazardous waste landfills. The list goes ica is technically incapable of com- in any way encourage new ways to use on and on and on. peting when it comes to fuel-efficient energy from renewable fuels in a way When it comes to our public lands, cars. That is such a sad commentary. that could make a sizable difference. I this bill allows the Interior Secretary, It is one which I reject. think we ought to be embarrassed by by Secretarial order, to designate util- Let me tell you what fuel efficiency this. What an embarrassment it was to ity and pipeline corridors across public means for us. First, a little history: read in the Washington Post yesterday lands owned by Americans without any The year was 1975. Gas lines were long. that China, a developing nation, now seeking public input through a land use People were concerned about the avail- has higher fuel efficiency standards planning process. It authorizes the ability of energy in America. An argu- and fuel economy standards than the leasing of the national petroleum re- ment was made that we had to do United States. Can you believe it? Can serve in Alaska for oil and gas produc- you believe that this growing economy, tion without protection for wildlife. It something about the efficiency of the cars and trucks we drive. Of course, just developing, has decided they see allows the Secretary to waive royal- the future, and the future is in more ties, which means payments to tax- there are two ways to achieve it: One is fuel-efficient cars and less dependence payers for those who are drilling for oil to raise the price of gasoline. If the on foreign oil; and the United States, and gas on the lands that we own as price of gasoline at the pump doubled this great economic engine that we Americans. It allows the Secretary to tomorrow, every American family run, doesn’t see the same? As a con- waive royalties so these companies can would start asking how many miles a drill on our public lands for free. gallon do I get from this hog? Well, I sequence, we find ourselves in a posi- The list continues. The list is over- don’t want to see that happen, nor do tion where this bill is silent when it whelming. In each and every page—and most Americans. That imposes new fi- comes to fuel efficiency. there are five of them—you will find 10 nancial burdens on families and small I think that is a terrible deficiency in or 20 examples of environmental deg- businesses and, frankly, is inflationary. this legislation. I cannot imagine it radation, abandonment of environ- But there is another one. In 1975 Con- can be taken seriously in a conversa- mental standards, endangerment of the gress said: We are going to mandate tion about America’s energy policy. We air that we breathe and the water we doubling the fuel efficiency of cars and know full well that we use a lot of oil. drink. For what? So that someone can trucks. It is going to be a Federal man- According to this chart, the global con- make a dollar. That is what it is all date. It has to happen. sumption of oil per capita in 1999, in about. It is about profit taking at the The automobile manufacturers in De- gallons per day, the United States is 3; troit said: It can’t be done. It is tech- 1 expense of public health. That is what other industrialized countries, 1 ⁄2; and nically not feasible for us to double 1 this Energy bill does. the rest of the world less than ⁄2. The Did anyone ever announce at the out- over 10 years the fuel efficiency of our U.S. continues to consume more oil set that was our goal? Did anyone ever cars. Secondly, those cars are going to than other countries. conceive during the debate that what be so small, they are going to be un- The gasoline savings we realized we were trying to do was to provide safe. Third, you are just playing into going from 14 miles a gallon in 1970 to some more energy at the expense of the the hands of foreign automobile pro- 28 miles a gallon in 1999 reduced, by 3.7 environment and at the expense of pub- ducers who will beat us to the punch. billion gallons, the gasoline we con- lic health? That is exactly what this Thankfully, Congress ignored them bill does. and passed a law. In a matter of 10 sumed in a given year. Less gasoline, Before I get into the MTBE issue, years, fuel efficiency went from about less polluted oil, less pollution. This which I think is possibly one of the 14 miles a gallon fleet average to 27.5 bill is silent on that issue, and that is worst I have seen in the time I have miles a gallon. In a 10-year period of unfortunate. served in Congress, let me tell you time, we virtually doubled the fuel effi- Let me speak for a minute to what I what this bill fails to do. What is the ciency of our cars, reducing our de- consider the single most outrageous No. 1 use of oil that we import into the pendence on foreign oil. part of this legislation. What have we done since 1985, since United States today? We use it to fuel Mr. President, I have been in Con- we reached 27.5 miles a gallon? Noth- our cars and trucks, of course. Of gress a few years. I have noticed that course, a lot of us own quite a few of ing, except drive larger, less fuel-effi- at the end of a session strange things them. And we know as well that if cient vehicles, import more oil from happen. Some of these strange things these cars and trucks are not fuel effi- overseas, and pollute our air even more involve massive giveaways to indi- cient, they will burn more gas and rein America. vidual companies or interest groups. quire us to import more oil. So if you What has Congress done? Absolutely Over the years I have paraded out my want to have an honest discussion nothing. This bill is silent on the issue personal award for this activity. I call about energy security in America, of fuel efficiency. The Energy bill for it the moonlight mackerel award. It is would you not be pursuing goals which America’s energy policy is silent when given to that effort or amendment or would reduce our dependence on for- it comes to fuel efficiency. bill in the closing days of the session eign oil? Would you not want to find Let me correct myself. It isn’t silent. ways that America can ween itself It creates a new loophole that will be which is the most outrageous. It goes away from its dependence on Saudi added to the process which will make it back to a quote where someone said Arabia and its oil sources? Shouldn’t even more difficult in the future for us that a certain thing would shine and that be front and center the main topic to even consider increasing fuel effi- stink like a mackerel in the moon- in our energy policy? Well, everybody I ciency. light. have spoken to in my State agrees, of I offered an amendment which said, The one I am about to describe, I be- course, that is where you should start what if we went to 40 miles a gallon lieve, may retire the trophy, the moon- the energy discussion. from 27.5 miles a gallon by 2015. Let’s light mackerel trophy, which has been

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.056 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15143 coveted by special interest groups for- the single most expensive immunity to the community went to court to re- ever. Frankly, it is now being chal- litigation of any bill that I have ever cover the cost of that million-dollar lenged by what may be the worst provi- seen before Congress. It says the pro- expenditure. sion in this Energy bill. It is a provi- ducers of MTBE cannot be held ac- In the town of Island Lake, indi- sion that led me to oppose the bill. countable in product liability legisla- vidual wells were affected. Even though I have had people from Il- tion for what they knew to be a dan- In Kankakee County, Oakdale Acres linois call me who support this bill and gerous product, and it doesn’t stop subdivision and two other small sub- genuinely want to see it pass, I have there. It is retroactive, saying that divisions were forced to shut down told them that as long as this provision lawsuits already being prosecuted in their groundwater systems and connect is in the bill, there is no way I will sup- States across America cannot be pur- to a nearby community’s public water port it. I think it is that bad and that sued to verdict or settlement. supply, after a pipeline rupture con- embarrassing. Think about that for a minute. This taminated the subdivision’s aquifer. The provision is on methyl tertiary- is the single biggest giveaway to a spe- Roanoke, with a 2,000 population— butyl ether, or MTBE. MTBE was an cial interest group that I have ever like you might find in Nebraska, New additive to gasoline so that engines ran seen in the time I have served in Con- Hampshire, and all across America— a little smoother, called an oxygenate. gress. This jury in Tahoe, considering has had to use one of their wells as a Oil companies started adding that to the contamination near the Lake hydraulic containment area with treat- our fuel and selling it across America. Tahoe area, found that gasoline with ment and discharge to surface water in There are alternatives. They could MTBE is a defective product because of order to protect their well field from have used ethanol, for example; but the risk of this additive, and because an MTBE plume with a concentration they said, no, we will use MTBE. So the oil companies failed to warn con- exceeding 1,000 parts per billion. they used this MTBE additive, this sumers of the risk to the environment These communities and others de- compound, in gasoline and then discov- and drinking water. The jury found serve a fair and reasonable hearing. ered something. They discovered it a ‘‘clear and convincing evidence’’ that They deserve a judge and jury. They long time ago. This MTBE compound is the producer of MTBE acted with mal- deserve their day in court. This Energy dangerous. MTBE, when it leeched out ice, and they are going to have a field bill locks the courthouse door and says of underground storage tanks, could day and a holiday with this Energy to these communities that they will get into the groundwater and into the bill. They were found to have acted not have their day in court. public water supply. with malice in selling this product that With the defective product liability If you took out a boat on a lake with endangered the lives of the people in waiver which reaches back to Sep- MTBE mixed with gasoline and it dis- the community. tember 5, 2003, this conference report charged into the lake, it could con- MTBE producers know they are vul- meddles with the courts at the request taminate the lake. nerable to these lawsuits. If you are of the oil companies. At least 35 States The contamination went beyond the vulnerable for wrongdoing, if you cre- have problems such as I have just de- foul-smelling additive itself to raise se- ated a product that endangers thou- scribed in Illinois. rious public health questions. Accord- sands of Americans, where should you By 1986, the oil industry was adding ing to the GAO, it has been detected in turn? Come to Congress. Come to Cap- 54,000 barrels of MTBE to gasoline groundwater and drinking water all itol Hill. Come to mama. every single day. By 1991, the number across the U.S. It is classified as a po- That is what happened with this con- was up to 100,000 barrels of MTBE per tential human carcinogen, a cause of ference committee. They came to this day. Yet oil company studies con- cancer. At a level of 2 parts per billion, conference committee and the conducted as early as 1980 showed that the MTBE produces a harsh chemical odor ference committee delivered. This con- oil industry knew that MTBE contami- that renders tap water undrinkable. ference committee let the MTBE pro- nated ground water virtually every- Removing MTBE is difficult and cost- ducers and oil companies off the hook. where it was used. There was a $60 mil- ly. Water utilities must either blend About three-fourths of the producers lion settlement in Lake Tahoe. contaminated water with clean sources are located in Texas and Louisiana, Some have analyzed this and said the to dilute the MTBE to acceptable lev- and it has been the Congressmen from reason this provision is in here is if the els, install systems to remove chemi- these States who have pushed this pro- oil companies were going to accept the cals, or abandon certain water sources vision. expansion of ethanol, they had to be altogether. Let me tell you what it means to Illi- given something. The most effective argument of those nois. We are hit, but not as hard as I have been a strong supporter of eth- who have been harmed and seek a day some. Only 26 to 29 communities in my anol for over 20 years, and I will con- in court is a defective product argu- State of Illinois have drinking water tinue to be, but if that is what it is all ment. The fact is that the oil industry currently contaminated with MTBE, about, if the only way to increase eth- knew MTBE was, in fact, dangerous affecting over 200,000 people where I anol is to provide this kind of immu- and they continued to use it and sell it, live. nity from liability for the producers of despite the danger it posed to public Currently, there are four lawsuits in MTBE, it is too high a price to pay, as health. That was the basis for a lawsuit Illinois that this waiver in this bill far as this Senator is concerned. filed in California near Lake Tahoe, would eliminate—in the communities Mr. President, how much time do I where the oil companies eventually of Crystal Lake, Island Lake, Village of have remaining? paid $60 million, conceding their guilt. Alton, and Woodstock. The lawsuits The PRESIDING OFFICER. The Sen- The producers of MTBE knew the currently underway will be eliminated ator has 161⁄2 minutes. problems they had. I believe the pro- by the language in this bill. So where Mr. DURBIN. I thank the Chair. ducers of the MTBE should be held re- does that leave the community with Let me say another word about this sponsible. In fact, in one powerpoint the contaminated water supply? Where MTBE. In these lawsuits that have presentation, the producers cynically does it leave the families who cannot been filed, it has been shown that these dubbed MTBE as ‘‘most things bio- live in their homes because of this oil companies knew what they were degrade easier.’’ They were making a MTBE contamination? It leaves them, getting into. You would think at some joke of the fact that MTBE would frankly, at the mercy of those who point in time they would have at the stand for those initials, realizing that would turn and give them money. Federal level banned MTBE perhaps it did not biodegrade easily. It was a Should you not hold the polluters ac- long ago. It took State leadership for persistent, troublesome, and dangerous countable? Not according to this bill. this to happen. In California, Colorado, element, which stayed for a long time. This lets the polluters off the hook. Connecticut, Illinois, Indiana, Iowa, Who should pay for the cleanup for The community of East Alton, with a Kansas, Kentucky, Maine, Michigan, MTBE? According to this bill, not the population of 6,500 people, was faced Minnesota, Missouri, Nebraska, New polluters, not the producers, but the with a MTBE plume that threatened York, Ohio, South Dakota, and the taxpayers of America. That is the con- its drinking water supply. A million State of Washington, they took the ini- clusion in this bill. This bill provides dollars was spent to clean it up, and tiative, when the Federal Government

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.059 S19PT1 S15144 CONGRESSIONAL RECORD — SENATE November 19, 2003 didn’t move quickly, to ban MTBE. In 1995, an Italian study on the ef- Across America. They know what it is all about, and fects of MTBE showed high doses of They go on to say: they understand the damage that has this chemical caused three types of This bill does not, for example, provide a been done to their communities. cancer: lymphoma, leukemia, and tes- clear direction for the development of the In the State of New York, in Liberty, ticular cancer. We are saying to those electricity grid . . . it does not encourage after fighting for 11 years because they hapless innocent victims of MTBE con- the U.S. car industry to manufacture vehi- found MTBE in their local well water, tamination of their water supply that cles that consume less fuel . . . and it does they finally got the State to move for- we are closing the courthouse door for not significantly encourage energy conservation. ward to establish new standards for their recovery in product liability public water supplies after a lot of fam- suits. How in the world can we do this The New York Times says this bill is: ilies there had serious health problems. in good conscience? How can we turn . . . hardly surprising in a bill that had its That is just a story that is going to be our back on these innocent victims genesis partly in Vice President Dick Che- repeated all over, not just in New across America, these communities ney’s secret task force. York. forced to pay millions of dollars for the It creates: In New Hampshire last spring, they wrongdoing of oil companies, and give . . . exemptions for the Clean Water Act, filed a string of lawsuits against 22 oil them this sort of special giveaway and protection against lawsuits for fouling un- companies. If these lawsuits are being special break? derground water and an accelerated process brought on product liability theories— I, frankly, don’t understand how we for leasing and drilling in sensitive areas at the ones that are the most successful— can. I don’t understand how what start- the expense of environmental reviews and public participation. they will be thrown out by this legisla- ed out to be an Energy bill has become tion. These lawsuits will be eliminated. something much different. I don’t The list goes on. The Anchorage The businesses, the families, the indi- know how a bill which was supposed to Alaska newspaper calls the Energy bill viduals who have been damaged by this give us energy security could be so a setback. deadly additive are going to lose their damaging to our environment in so The Atlanta Journal Constitution, day in court because we are going to many specific ways. I don’t know how quoting Keith Ashdown of Taxpayers mandate it in this legislation. a bill that was supposed to be giving for Common Sense, says: How does this enhance the energy se- Americans peace of mind about their [T]he legislation is ‘‘a smorgasbord of sub- curity of America? It certainly adds to energy future instead in community sidies to big companies masquerading as en- the bottom line of profitability of the after community and in State after ergy policy.’’ oil companies which would be held re- State is going to close the courthouse The Atlanta Journal Constitution sponsible for their misconduct, I will doors to holding oil companies ac- concludes in its editorial: agree with that. But is it just? Is it countable for their misconduct. This bill is about as bad as it gets. When it fair? Is it something we should be This is the worst. This retires the comes up for a vote, members of Congress doing, giving blanket immunity to trophy in the Moonlight Mackerel who remain committed to more rational en- companies that, by their wrongdoing, Award. I cannot recall a time when we ergy policy for America and still believe in the dignity of the legislative body in which endanger the health of families and in- have gone this far, and that is saying they serve shouldn’t hesitate to reject it. dividuals across America? something. There is a way out of our In the State of New Hampshire, the embarrassment, and it is a way I would The Chicago Tribune, from my home State sued 22 major oil companies on encourage colleagues on both sides of State, said the Democrats were vir- October 6 because of MTBE. According the aisle to take very seriously. We tually locked out of the final negotia- to Governor Craig Benson, they claim will have an opportunity on a cloture tions and we were given some 48 hours the oil companies have added increas- motion soon to decide whether this bill to digest and evaluate this lengthy bill. ing amounts of MTBE to the gasoline, goes forward. If we can gather 41 Sen- The Patriot News in Harrisburg, PA, even though they knew years ago it ators to oppose it from going forward, says: would contaminate water supplies. then the bill will stop and be returned The energy issue is an upside-down world The General Accounting Office told to conference or perhaps back to com- for sure when they look at this bill. Congress what this was all about. In mittee for further consideration. They say there is no more blatant ex- the year 2002, John Stevenson, Director I think that is the way it should be, ample than the 100-percent tax credit of GAO’s Natural Resources and Envi- and the sooner we do that the better. If available to business owners who pur- ronmental Division, testified before a enough of my Republican colleagues chase gas guzzling Hummers and more House subcommittee and said that will step forward with Democratic col- than 30 other models of large SUVs. MTBE created health risks which he leagues, we can make that difference. The tax credit was enacted as part of described as follows: In case you think this is a partisan the President’s economic stimulus Such health risks can range from nausea issue, the Wall Street Journal, which is package and was intended to help farm- to kidney or liver damage or even cancer. not known to be friendly to many ers and other small business, but the He pointed out that a school in Democrats, including this one, went tax break is so attractive it has caused Roselawn, IN, discovered students had after this bill and criticized it on Tues- a run on vehicles that average 9 to 15 been drinking water with nearly 10 day, November 18, calling this Energy miles per gallon. times the Federal recommended level bill one of the great logrolling exer- We are going to have energy security of MTBE. Officials are trying to deter- cises in recent congressional history. and energy independence with a tax mine if the additive came from a near- In the words of the Wall Street Jour- policy that encourages the purchase of by tank and whether it is causing the nal: these gas guzzlers? students to have an inordinate number The Republican leadership has greased They go on to say that hybrid cars of nosebleeds. These are real health more wheels than a NASCAR pit crew. which offer 50 to 60 miles a gallon are issues, real health problems. They go on to say: subject to a $2,000 tax deduction, and Mr. President, ‘‘60 Minutes’’ on Janu- The bill’s total price tag of new outlays is that is in the process of being phased ary 16, 2000, brought the MTBE issue to a tidy $72 billion according to Taxpayers for out. The list goes on and on of editorial the attention of America. They noted Common Sense. That’s not counting $23 bil- comments across America. at the time there was contamination in lion in tax giveaways to nuclear, oil, gas, I hope we can return to this bill and some 49 States—as I said earlier, about and coal concerns all over the country, 3 do it in a sensible fashion. I hope we times more than the President said he would 35 that we can directly link MTBE to accept. can put conservation and energy effi- contamination of water supplies. They ciency at the forefront as we discuss The Washington Post, November 18: estimate that MTBE is a contaminate energy security. Though there are in 35 percent of the Nation’s urban . . . producers of MTBE, another gasoline ad- many good things in this bill, the good ditive that is believed to pollute drinking wells. A single cupful of MTBE in a 5 water, have not only been exempted from things are outweighed by the nega- million gallon reservoir is sufficient to product liability, they also have been retro- tives. render the water in that reservoir actively exempted, a change that cancels out This exemption from MTBE liability undrinkable. lawsuits . . . is the absolute worst. To say to these

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.062 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15145 families, these individuals, and these I am not a proponent of it. I did not happen to this bill because of what communities that we are going to lock know anything about it until I got in- they think is going to be fair treat- the courthouse door to them no matter timately involved in this legislation ment, creating a new market over the what damage they have sustained is a and then I found that MTBE is a prod- next decade and the next decade after new low. uct that has been authorized and pre- that for a product that has been on a I yield the floor. scribed by the Federal Government. It roller coaster for farmers who have The PRESIDING OFFICER. The Sen- is something that is supposed to be been on a roller coaster. ator from New Mexico. used because the Government says you Having said that, I want to talk to Mr. DOMENICI. Mr. President, I am can use it and it is all right. another group of people. Throughout very glad I was present today to hear In response to the U.S. House insist- the deliberation on this bill, I have not the speech of the distinguished Senator ence, all we have done is say if some- heard more from any group of Ameri- from Illinois so that immediately after one uses MTBE, as prescribed by the cans and any group of Senators than it I might speak a few words. Federal Government, they are not lia- the group concerned about the issues of First, for everybody in this Chamber ble in damages. We are very narrow. As wind energy, solar energy, biomass, who wants ethanol—now, I am making a matter of fact, we have unquestion- and related energies. Everybody came the point very clear that I am not talk- ably said if one uses it wrong, if they to us, day by day, as we put this bill to- ing about whether ethanol is the great- negligently use it, if they spill it, if gether and said: Senator, you know est, whether ethanol is the least, or they throw it around, if they do not wind energy is working. You are not whether ethanol is the best thing in handle it properly and damages result, going to kill it in this bill, are you? the world. I am just addressing the mil- they can be sued. Senator, bioenergy is right on the edge, lions of people in this country, most of I do not think that is exactly what ready to go. All these different energies them farmers, many thousands in the my friend from Illinois said, but I be- are ready to go. In the case of wind en- State of the occupant of the chair, who lieve that is what this legislation says. ergy, it is not only ready to go, it is would like to see ethanol, since it I believe that is what we did, and I be- going. It is beginning to show up be- would do great things for them and at lieve there is no other way to do it. cause it is working so well. the same time diminish our demands Then we said in the meantime, it is Let me say to my friend, it is gone; on gasoline from crude oil. Now I am going to be phased out. That is in the wind energy is finished when you kill speaking to them. legislation, too, that in a certain num- this bill. It is gone. Whatever has been said by the good ber of years it cannot be used anymore. You might say: How can that be? It is Senator from Illinois, all the farmers Even if it is used right, it is not going moving along right now. In fact, over in his State who produce corn and the to be used anymore. There is some- in Massachusetts they wanted to build other products should know there is no thing that takes its place. some out there and some people didn’t way to get an ethanol bill of any con- Across this land, people file lawsuits want them building them out there in sequence without addressing the issue in product liability cases and otherwise the ocean. I don’t know which people of MTBE. The way the issue has been about many things, and we all know around but some. How come? It was addressed by the Senator from Illinois about it. Sometimes we look at a law- being built. on MTBE is wrong, but nonetheless let suit and we are abhorred to think they Yes, but existing today is a great big us just talk about the reality of it. Do could take such a case to court. Some- credit, tax credit for solar and for my colleagues want a major ethanol times we think, right on, somebody wind. Guess what. It expires very program for America? The answer is really messed up and they ought to pay shortly. It is gone, out the window. The overwhelmingly yes. Then go to con- for it. But when the House said to us, people who are building wind in Amer- ference with the House like we did and if you want an ethanol bill, you have to ica are up here in the halls, knocking say to them: We want an ethanol bill look at litigation that is ensuing out on our doors, and saying: Do you really like the one that passed the Senate. there in America where MTBE pro- want to kill wind energy in America? They will say: Not on your life, un- ducers are getting sued for a valid, ap- The answer is: Oh, no, I just don’t less you decide to treat those who propriate product, okayed by the Fed- like the MTBE portion of this bill. But produce MTBE, a forerunner to eth- eral Government, used properly, and I don’t want to kill wind. I want to anol, fairly. they are getting sued for damages. carve it out and save it. We said: What does that mean? They said: We want to limit that. If But you know what, people who want They said: For those who have used it is used improperly and causes dam- wind, you can’t do it that way. Do you MTBE properly, they shall not be lia- ages, the suits can go on. Then we ar- think we are going to start over next ble for any damages that result from gued and said let’s get rid of it in due month writing another bill of this na- MTBE. course, and we have language that says ture because this one was dead on a I am reminded in my home State, what date it will expire in terms of side issue of the type I have been de- there was a product liability case being a product that can be used. scribing, and we don’t have any credit against a company that delivers more I want to say again, so that every- for wind, we don’t have any credit for coffee and hamburgers than any other body understands, the last speaker has solar? Not on your life. In fact, I don’t company in the world, McDonald’s. The suggested that this bill should be killed know when we would get around to it. suit was against McDonald’s for deliv- by cloture, and that is the right of the We can look back to the day after to- ering coffee to the front window of a Senate on any bill. But I suggest to morrow or the day after that and say: car and then spilling the coffee on the them if they kill this bill by cloture, There it went. There she blew, like lap of the purchaser. The purchaser which I urge that they not do, they they say out in the ocean. There she sued McDonald’s because the coffee was have killed ethanol, and I do not know blew, right out the window with those too hot. when it ever comes back. who decided they wanted to talk this They did not sue Folgers Coffee for As a matter of fact, if they think it bill to death. making the coffee. They sued McDon- is coming back without some restraint Then you look around and there are ald’s for delivering the coffee that was on MTBE legislation that is going people saying, another group around too hot. I think that most people would rampant in this country, of the type I here, a lot of eastern Senators walking say that is about right. If the coffee have described, suing Folgers Coffee up and saying: What is going to happen was too hot, then let a jury decide because somebody spilled hot coffee on to coal? We have a lot of coal and no- whether they ought to be delivering them, that kind of analogy, for those body uses it. Can’t you do something coffee that is so hot. But what if they who think that is going to continue on, about that in the Energy bill? would have gone off and sued Folgers then they have given up and abandoned We say we have. We have given as Coffee because they made the coffee forever ethanol. If that is what they good a credit for research and produc- that somebody used wrongly, to wit, would like, then follow the directions tion of clean coal technology in Amer- made it too hot and burned the legs of and the wishes of the Senator from Illi- ica as has ever existed. It is in this bill. a purchaser of hot coffee? That is ex- nois who has plenty of farmers who are In fact, I had one Senator yesterday actly what is going on with MTBE. waiting and wondering what is going to from the East, somebody trying to

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.065 S19PT1 S15146 CONGRESSIONAL RECORD — SENATE November 19, 2003 make this an East versus West bill. I early provisions of this bill are provi- to take MTBE, as I have explained, don’t know how they did that, either. sions that were adopted last year as with it. Those lawyers who like MTBE This Senator said: I was wondering part of the bill when Senator BINGAMAN like to tell it one way. I tell it my way what was in this bill for my State— was chairman. But we didn’t get a bill. because I think my way is right. The being an Eastern State, a big coal I decided we were going to get a bill. lawyers’ way probably would be if you State. He said: I found out that it has We worked, and worked as hard as peo- were using Folgers Coffee at Mac- the finest set of credits for companies ple can work, to put one together, and, Donald’s and coffee was spilled on to try to use this great asset called frankly, you can go through it and find someone’s lap, you ought to be able to coal that could ever be put in a bill. All provisions taken all by themselves and sue Folgers Coffee. But if you put in of that within this total cost of $2.6 bil- say it doesn’t have much to do with en- legislation you can’t sue Folgers, then lion a year, on average, over 10 years. ergy. But I tell you, you can’t go I don’t think they can come to the Sen- That Senator said: I am voting for it. through the whole bill and say it ate floor and argue the way they are We have to give coal a shot in my doesn’t have a lot to do with America’s arguing about MTBE because Folgers State, said that Senator. energy future. In fact, I believe we will didn’t make it hot and spill it. Neither We can go on and on and talk about see the biggest change in agricultural did MTBE get spilled around where it this. But it is much easier to pick a America in modern history with this shouldn’t be, or used unpropitiously or piece of the bill such as MTBE and bill. contrary to the Federal Government state the facts wrong and tell every- Some will say that is not what the standards. body they should not vote for this be- bill is for. The bill is for that if, in fact, Everywhere you look, there is a cause of MTBE. But I follow by saying in doing that we are producing gasoline smattering of Senators for whom I the MTBE situation is not what has for automobiles. It is not bad to get the have great respect who would like to been said, and before you decide to kill two for one. see a nuclear powerplant built one of the bill on MTBE, you ought to remem- Second, this bill is going to produce these days. You can throw them away ber you don’t kill this bill in pieces. alternate activities to get natural gas if you kill this bill. They won’t be So everybody out there will know in abundance, and it is also going to built. If you pass the bill, there will be who has an interest: You don’t kill this produce just about every stitch of nat- a chance there will be one following bill in pieces. You adopt it all or none. ural gas we can produce as a nation every law and every rule in the books. For those who think MTBE is of that without doing damage to our environ- We might get one or two. I think that importance as I have explained it here ment, and that will be used by America is pretty good. today—and we will be glad to meet pri- for American purposes. I am prepared, as are a number of vately with any experts around who I wish we could do more. I wish we Senators who worked with me, to re- want to look at it—but if anybody could have done more with Alaskan return to answer as other Senators bring thinks MTBE is of such a propor- sources. But you know what, everybody this issue up. tionate disadvantage to America that knows, you get one thing and you lose I thank the group that helped work we ought to kill the future of wind- something. You move ahead on one and on this bill. They were a mighty group mills and solar energy and we ought to somebody thinks it is the wrong thing of seven who worked as Senators on decide we are not going to do any of and you take two steps backwards. our side of the aisle. I thank each and these other technologies that will de- To get this bill, well over 1,200 pages, every one of them. They had to learn velop America’s energy base, they are on all the subjects we have done, and an awful lot, make a whole bunch of all going out the window. get it together and get it here this far hard votes, and make some very close This Senator thinks in the end the and get it through the House yesterday decisions. Now we are here. I hope we Senators who are looking at the pluses by a majority vote of more than 60, a go beyond it and get the bill passed. and minuses of this bill may sit back in 60-vote plurality or thereabouts, is I yield the floor. their chair and say, you know, I might pretty good. The PRESIDING OFFICER (Mr. have done it differently. No, Senator I am very sorry it is hung up here in THOMAS). The Senator from Nevada. BINGAMAN said, maybe he could have the Senate. I will repeat, I have heard Mr. REID. Mr. President, on the mi- done better if he had more time. Yes, quietly—not openly—that some say nority side, we have a number of Sen- maybe they should have given the this is a bill that is for regions of the ators who are going to speak. I will ask Democrats more time in the com- country. I can’t find it. If they would unanimous consent that they speak. I mittee. But that same Senator may stand up here and say this bill favors have three who wish to speak now, and say: Didn’t we do that last year? Didn’t the East or the West and show me how, we have a time at which they want to we give them all the time in the world I would be more than glad to go out speak. If there are Senators from the and what did they do? Nothing. So we and look, listen, and try to explain why majority who want to come in between produced something this year. it isn’t. If MTBE, as I have explained, those, that would also be part of the I will take full credit and full blame is an East versus the West issue, then order. I think that would be fair. that I couldn’t figure out how to do I would assume there is no litigation or I ask unanimous consent that on our this with a regular, day-by-day markup potential litigation on product liabil- side Senator KENNEDY be recognized for of a bill of this magnitude with input ity in nature from the West. I don’t 1⁄2 hour, Senator CANTWELL be recog- from all sides, and I thought we should think that is the case. If it has to do nized for 1⁄2 hour, and Senator DORGAN have input in a different way. We have with resources, we have tried to be recognized for 30 minutes. As I indi- established input from the minority produce the basic resource that is good cated, if there are Senators from the party in a different way, there is no for America’s future, wherever it lies— majority who wish to speak following question. They got e-mails and por- whether it is the coal of Pennsylvania Senator KENNEDY, Senator CANTWELL, tions of this bill as it was produced. or the coal of Wyoming. We have tried and Senator DORGAN, that would be ap- They had meetings when they offered to build under it incentives that will propriate. If not, we have other Sen- amendments. Some were adopted. The make it used more rather than less. We ators who have indicated a desire to last 30 percent of the bill was delivered have done that. speak. This is not in the order which to them at the end, for them to look In the next few days, we will hear a they will appear. at, and they got the message for allot more. Most of it will be about the So that everyone knows, there are a most all the amendments were on issues of which I am speaking. number of speakers who want to talk: those things that had to do with elec- I want to repeat, for those who want Senators AKAKA, REED of Rhode Island, tricity and the like. They just didn’t ethanol and want it bad and have been FEINSTEIN, STABENOW, FEINGOLD, win any of them, which usually hap- waiting 6 or 7 years for it and want a LANDRIEU, SARBANES, and CLINTON. pens in a conference. real bill for it, we have exactly what is I ask unanimous consent that Sen- Conferences are usually dominated necessary. That took 4 weeks of debate ator KENNEDY be recognized for 1⁄2 hour, by the majority party. That is history. and frustration galore, but we got what Senator CANTWELL for 1⁄2 hour, and That is tradition or whatever you want the Senate said we should get. Yes, you Senator DORGAN for 30 minutes. If to call it around here. Many of the can throw it all away because we had there are Republicans who wish to

VerDate jul 14 2003 00:29 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.067 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15147 speak in between, those Senators will I believe the bill which passed the an attempt to use the elderly and be part of the order. Senate was a good bill. Seventy-six disabled’s need for affordable prescrip- The PRESIDING OFFICER. Is there Members supported it. It was a pre- tion drugs as a Trojan horse to destroy objection? scription drug bill. the program they have relied on now Mr. DOMENICI. Mr. President, re- But the proposal that is coming out for 40 years. It is an enormous give- serving the right to object—I will not— of the conference committee failed to away to the insurance industry and an I ask how you might work this in your meet the basic and fundamental test; enormous take-away from the senior schedule. We have been told for some that is, to do no harm because the par- citizens. time that Senator MCCAIN would like ticular proposal that is being rec- The new study that has just been re- to speak. ommended by the conferees will do leased today indicates, when this pro- Mr. REID. Senator MCCAIN can come harm to the Medicare system. The gram goes into effect, the HMOs and at any time he wants, either after Sen- House of Representatives adopted im- private insurance industry will in- ator KENNEDY or Senator CANTWELL or portant changes in the Medicare sys- crease by more than $100 billion if this Senator DORGAN. Whenever the distin- tem under the guise of a prescription bill passes. That is more for the private guished senior Senator from Arizona drug program, and they have been ac- insurance companies and for the HMOs. shows up, we always give him the floor cepted in that conference committee. No wonder our Republican friends and anyway. Now, for the first time since 1965, the the insurance companies are for this Mr. DOMENICI. He may be around at Medicare system itself is threatened. bill. No wonder senior citizens are 2:30 or 2:45. That might work it out per- Many of us are going to do everything against it. fectly. The more senior citizens learn of Mr. REID. That would be perfect. we can to make sure that is not the The PRESIDING OFFICER. Is there case. these problems, the more they oppose objection? Without objection, it is so An editorial in the Des Moines Reg- the legislation. In a poll released this ordered. ister today gets it exactly right. It morning, only one in five older voters, Mr. REID. Mr. President, the other says: 18 percent, say this bill should be al- statement I made was just to inform Once upon a time, lawmakers wanted to lowed to pass in its current form. In both the minority and the majority add a prescription-drug benefit to Medicare. fact, 59 percent of the AARP members that the Members who desire may In year one, they failed. In year two, they agree with Democrats that this bill failed. Now, in year three, the quest for a does more harm than good. speak sometime this evening without drug benefit has ballooned into a plan to any specified time or in any necessary Regarding the drug plan itself, even change the entire health-care program for 40 before getting to the problems of pri- order. million seniors. The PRESIDING OFFICER. The Sen- As a few details about the 1,100-page bill vatization and the subsidies for HMOs ator from Massachusetts. crafted in conference committee trickle out, that are in this bill, older voters op- PRESCRIPTION DRUG BENEFIT it’s clear another failure this year would be pose the drug plan by 65 to 26 percent. Mr. KENNEDY. Mr. President, the best for Americans. In fact, only 27 percent of all seniors Medicare system is the system which is The editorial concludes: say they would bother to enroll in this relied on, trusted, and a beloved health Lawmakers need, once again, to go back to plan at all. care system which our seniors use just the drawing board. Seniors are deeply concerned about about every day. They know it is al- Effectively, what they are saying is the way Republicans have hijacked the ways there for many of them. It gives that no bill is better than a bad bill. drug plan to undermine Medicare. They them an enormous sense of security as This is Des Moines Register. They get oppose the subsidies for private plans, they are looking down the road to- it right. 65 to 23 percent. In fact, among the wards the future. I was here in the Sen- The editorial continues: AARP members, opposition to the subsidies is even stronger—68 percent to 19 ate in 1965 when the Medicare bill was This time they should try a new approach: passed. It failed in 1964. It passed in Focus on holding drug prices down, keep 40 percent. Older voters oppose the cost 1965. It is generally recognized today million seniors in one buying group to lever- caps on Medicare services, 60 percent to across the country that even though age lower prices, open up the global market 26 percent. And they are deeply con- the Medicare bill provided for hos- on drugs to Americans, and remind them- cerned, 64 to 26 percent, about the fail- pitalization and physicians’ fees, the selves their job is to serve the interests of ure of this bill to control drug costs to one thing that it did not provide for the people, not industry lobbyists. allow drugs to be reimported from Can- was the prescription drugs. There it is, Mr. President, the Des ada. In 1965, only 3 percent of all of the Moines Register gets it. This proposal As elected representatives of the peo- private health care bills provided for will do virtually nothing for keeping ple, we pass this bill at our peril. In prescription drugs. But now it would be prices down. fact, by a margin of 3 to 1, older voters inconceivable that this institution Access to prescription drugs and are saying they are less likely to sup- would pass a health care program for costs to senior citizens are the two ele- port politicians who support this bill. our seniors and give our seniors who ments with which our seniors are con- It is important to understand how we have paid into the Medicare system the cerned. This bill does virtually nothing got to this point. We started in the assurance that their health care needs regarding costs. It is flawed in its ef- Senate with a bipartisan bill to expand would be attended to because we know fort to provide prescription drugs by the prescription drug coverage. A bill that prescription drugs is of such ex- undermining Medicare. passed with 76 votes. The Senate sol- traordinary importance to all of them. This conference report represents a idly rejected the President’s plan to It will become increasingly clear. We right-wing agenda to privatize Medi- privatize Medicare by telling senior are in the period of the life sciences care and force senior citizens into citizens they could only get the pre- century. We are seeing these extraor- HMOs and private insurance plans. I scription drugs they needed by joining dinary breakthroughs in DNA and guess seniors should not get to choose HMO and other private insurance genes. The Congress has doubled the their doctor and hospital, they just do plans. That was the position of the NIH budget, and the prospects for not know enough. That choice should President in the spring of this year: breakthroughs are just enormous. If we be made for them by the insurance You are only going to get prescription were to see a breakthrough, for exam- company bureaucrats. The conference drugs if you join an HMO or private in- ple, in Alzheimer’s, we would empty report includes no serious program to surance plan. You will not be able to three-quarters of the nursing home reduce the double-digit drug price in- under the Medicare system. Then the beds in my State of Massachusetts. The crease. The attitude of the special in- administration shifted. prospects in terms of what these pre- terests who hijacked this process is But the House took a different scription drugs can do and what they clear: Control senior citizens, not drug course. They realized the President’s are doing today is enormous. There- costs. plan would not be accepted by the fore, we have a very important respon- The day this program is imple- American people, so they passed a sibility to get a prescription drug pro- mented, it will make millions of sen- more subtle proposal, one that tries to gram. iors worse off than they are today. It is privatize Medicare by stealth. Their

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.070 S19PT1 S15148 CONGRESSIONAL RECORD — SENATE November 19, 2003 only problem was it was not stealthy their own doctor are not penalized. And Now you hear our colleagues who de- enough. That is why it passed by a slim 9 out of 10 seniors have chosen Medi- fend their proposal say: Well, Senator, partisan majority of one vote in the care over Medicare HMOs. this is really just a trial program. It is House of Representatives—one Repub- What happens, as everyone knows, is not going to be anything more than a lican vote. the insurance companies cherry-pick trial program. Now the conference has been hi- and get the healthier and younger sen- Well, they are going to have five jacked by those who want to radically iors. Therefore, it costs them less, al- what they call MSAs, metropolitan alter Medicare and to privatize it, to though they get the payment that statistical areas. If you take five met- voucherize it, to force seniors into would otherwise be going into Medi- ropolitan statistical areas and then HMOs and private insurance plans. The care. So we have the healthier ones you take one small one—here they bill the Senate will consider shortly is leave and the sicker ones remain in the are—if you take the States of New not a bill to provide a prescription drug Medicare system. That is what has York, New Jersey, and Pennsylvania, benefit. It is a bill to carry out the happened today. There is no reason it that is 2.6 million people who are af- right-wing agenda. It allows the elderly will not happen in the future. As a re- fected. For California—Los Angeles, to swallow unprecedented and destruc- sult, we will get increases in the cost of Long Beach, Santa Ana—that is 1.4 tive changes to the Medicare Program premiums under the Medicare system. million. For Illinois, Indiana, Wis- in return for a limited, inadequate, This chart reflects what the Medicare consin, that is 1.1 million. For Florida small prescription drug benefit. This actuaries—not what I estimate but it is 833,000; that is Miami, Fort Lau- conference report is so ill conceived what the Medicare actuaries—estimate derdale. For Pennsylvania, Delaware, that not only does it put the whole would be the national average for sen- Maryland, New Jersey, that is 866,000. Medicare Program at risk, it makes 9 iors. It would be $1,205. And their esti- And then take a small one, Nevada— million seniors, almost a quarter of the mate national average for premium Reno and Sparks—47,000. So 6.8 million Medicare population, worse off than support, the current estimate, would be of the 40 million; you are almost up to they are today. I will illustrate that in $1,501. And 2 years ago they estimated a quarter who are going to be included one moment. the national average was $1,771. in their program, who are going to be On issue after issue, this report aban- The fact is, no one knows what the subject to these kinds of swings. dons the bipartisan Senate bill and ca- premiums will be. You are playing rou- They call this a demonstration? This pitulates to the partisan House bill. On lette with premium support. Here we is a Mack truck. This is not just a some issues it is even to the right of have a swing of $300 in estimates, esti- small Volkswagen, it is a Mack truck, what the House passed. One of the most mates made by the Medicare actuaries. and they are calling it a Volkswagen. important of these destructive changes It could be $1,205, but under this bill for And seniors ought to understand it. So is a concept called premium support. It those who fall into the trial category, that is one threat. should really be called ‘‘insurance com- they will be paying at least $1,500 or Now, listen to the second threat. We pany profit support’’ or ‘‘senior citizen the $1,771. say, well, what about the risk? Look at this chart. Let me give you Mr. President, how much time have I coercion support.’’ It replaces the sta- a few examples of the disparity. Again, used? ble, reliable premium senior citizens this is from the Medicare actuaries. If The PRESIDING OFFICER. The Sen- pay for Medicare today with an you live in Massachusetts, and in ator has used 18 minutes. unaffordable premium for the future. Barnstable—that is primarily Cape Mr. KENNEDY. Fine. Let me know Here is how it works. Code—the premium for Medicare will when I have 3 minutes left. Today, the Medicare premiums are be $1,400. If you live in Hampden, it will The PRESIDING OFFICER. I shall. set at 75 percent of the cost of Part B be $900. That is a $500 difference. Mr. KENNEDY. Now, on the second of the Medicare Program, the part that Today, everyone pays in the same situation, our Republican friends say: pays for doctors’ care. Beneficiaries amount and they get the same pre- Well, we believe in competition. With pay the remaining 25 percent. The premium on it. Under this legislation, ev- competition we will get the best health mium is the same no matter where you eryone is going to be paying in, and if care for the best price and the best live. It is universal whether you live in you live 100 miles apart, you are going cost. Oh, we say, well, how are you Key West or Portland, ME, whether to get a $500 disparity in the payments going to do that? you live in Takoma, WA, or whether under the premium support system. Let’s see what is in the bill now that you live in San Diego. You pay the This information is from the Medicare you say that is what you want to do. same premium. You pay into the sys- actuaries. This is the kind of roulette You think you have competition in tem and you pay the same premium. It our seniors do not want. this proposal? Let me show you and ex- increases from year to year at the Here is another example in Florida. plain to you how this is a rigged pro- same rate as the Medicare increases. It In Dade County, the best estimate from posal. is stable. It is reliable. It is now $58.70 the Medicare actuaries is you will pay First of all, in this legislation they a month Part B premium and $704 for $2,050; and in Osceola County, you will give to all of the HMOs and the PPOs a the year. pay $1,000; you will be paying twice as 9 percent increase in the cost of living Premium support would change all much. over what they give in the Medicare— that. The senior citizens can choose, if How do you explain that to the sen- 9 percent. Nine percent? Nine percent? they want to, get their Medicare bene- iors? How do you explain that they pay Why are they doing that? Because: fits through HMOs and other private in and their premiums are going to They think they ought to get it. They insurance plans. The Government pays have this amount of swing to them? No want competition. these plans approximately the same one can accurately predict with any The second point that is in this bill is amount it costs Medicare to provide certainty, but we are buying this pro- that those who are in HMOs today and the services. The senior citizens pay at gram? It is untested, untried. It is the in the private insurance companies are least the same Part B premium to en- greatest social experiment with whom? 16 percent healthier than those in tra- roll in the plans they pay for the reg- With our senior citizens. Why? Because ditional Medicare. That is not my esti- ular Medicare, but the plans can charge there is going to be all kinds of money mate, that is CMS’s estimate, the more if they offer additional services in there for those private insurance agency which provide the reimburse- or lower copayments. If the plans can companies and those HMOs. That is ment. That is their estimate. provide services more cheaply than what it is about—risking the Medicare You add these two together and you Medicare, they give the difference back system. get a 25 percent subsidy for every pri- to the beneficiaries in the form of bet- Here we have the example in Los An- vate plan and every HMO. They call it ter services or lower copay without ad- geles, $1,700; in Yolo, CA, $775. And in competition. I thought competition ditional charge. New York City, $2,000 if you live in the was an even playing field. This is not Senior citizens who choose the pri- Queens area; $975 in Erie. This is the an even playing field. And who is pay- vate plans may get some additional Medicare actuaries’ data, these pre- ing this additional 25 percent? Our sen- benefits, but the senior citizens who miums and estimates. And that is the iors are. It is coming out of their pay- prefer to keep the freedom to choose element that is written in this bill. ments. It is coming out of the Medicare

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.072 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15149 trust fund. It is cutting out the bene- tion, but if you have three prescrip- iest people are pulled out of the risk fits they ought to have. That is ridicu- tions, that is $6. You may have to get pool for regular comprehensive policies lous. That 25 percent should be rein- a refill every other week, and it begins by these accounts. Premiums sky- vested in the drug program, not used as to go up, $24, $25. Nine million lose the rocket, if this policy becomes law. If a subsidy for the private sector. day this passes. Let’s keep our eye on you want to keep your insurance poli- Now, we say: Well, you have that 25 these 6 million low-income seniors. cies, you can see your premiums in- percent on that. If you looked through, Prescription copays hurt the very crease as much as 60 percent. you would say: Well, that is a pretty poor. You will have almost double the The Urban Institute estimates that big chunk of change for it. You think amount of serious adverse events when premiums, and this will be for all those they would be happy with that, seniors don’t take those medicines. who are employees working in small wouldn’t you? No, no, no, no, Senator Emergency visits go up as well, double companies all across the country, once KENNEDY, we are not even happy the amount. For those 6 million, these this program gets started, could in- enough with that. We are going to in- are the statistics from all the health crease by over 60 percent and the clude, on top of the 25 percent subsidy, care studies. Not only will they be pay- American Academy of Actuaries have a $12 billion slush fund in this bill—$12 ing more, but their health condition estimated that premiums would jump billion. So 25 percent is not enough. We will be threatened. It makes absolutely $1,600. will be able to provide hundreds of mil- no sense from a health policy point of Why are we doing this? Why are we lions—hundreds of millions—billions of view. taking a chance with the Medicare sys- dollars to those HMOs, some of which One of the most important aspects of tem? The American people and our sen- made more than $1 billion last year. the legislation passed in the Senate iors have confidence in Medicare. Why Some of those CEOs are getting paid was to say we were going to make sure not just do what we did in the Senate more than $22 million a year. And we that the asset test, which has been in a bipartisan way and have a good are going to take $12 billion more on around for many years, the asset test downpayment rather than threaten the top of the 25 percent and use that as a for the very poor would no longer be in Medicare system? slush fund. effect. As a result, we took steps with This was the wrong way to go. This Talk about an even playing ground. regard to prescription drugs that we bill does not deserve the support of the What could that $12 billion provide for? haven’t even done with regard to Med- Senate. I hope it will be defeated. These are the leading diseases about icaid. The Senate bill really reached The PRESIDING OFFICER. The as- which our elderly are concerned: Ar- down for the poorest of the poor elder- sistant minority leader. thritis, osteoporosis, diabetes, choles- ly. Mr. REID. Mr. President, the distin- terol, acid reflux, thyroid deficiency, We said: OK, maybe you can have the guished senior Senator from Arizona and depression. That $12 billion could car, $4,200; you can have the personal has called and wishes to speak fol- provide for 11 million of our senior citi- savings, $2,300; you can have even a lowing Senator CANTWELL. I ask unani- zens who suffer from arthritis a year, $1,500 insurance policy and a burial mous consent that that be a part of the or 12 million who suffer from plot for $1,500, and we were not going to order, following her statement, the osteoporosis, or 11 million who suffer hold that against you. People who had Senator from Arizona, Mr. MCCAIN, be from depression, or it could be used for worked all their lives perhaps had recognized for whatever time he may those who suffer from high cholesterol, those. consume. right on down the line. That is what it What do our good Republican friends The PRESIDING OFFICER. Without could mean for our senor citizens. But, do? They reimpose the assets test and objection, it is so ordered. oh, no, this conference said no, we are say, if you have that, you are not eligi- The Senator from Washington. going to take that and add that in. Not ble. Three million of the poorest of the Ms. CANTWELL. Mr. President, how only are we going to threaten you with poor are dropped out of coverage under much time do I have allocated to me? this premium support program, you this proposal. That is enormously un- The PRESIDING OFFICER. One will never really know what your pre- worthy of the proposal. hour. miums are, except that they are going I want to mention an aspect of this Ms. CANTWELL. If the Chair will no- up. tify me after 40 minutes. I want to take just a few more min- because I am running out of time. I The PRESIDING OFFICER. Yes. utes about this proposition. I had men- have mentioned that we have the pre- Ms. CANTWELL. We are now going tioned earlier that the day this bill mium support which is going to threat- to go back to the Energy bill. I know passes, you are going to have 9 million en the Medicare system. We have the many of my colleagues have already of our 40 million Americans who are subsidy programs which are going to been on the floor today discussing the going to be worse off and pay more. Do threaten the whole Medicare system by conference report that is before us. we understand that? enticing, coercing, bribing seniors out On top of what I have already ex- of that, and then letting the Medicare While I think my colleagues have done plained—the completely unfair playing system collapse right in front of them. a good job of outlining some of the ground that is so tilted towards those Then they have added another pro- most egregious parts of this legisla- who do not support Medicare—now we gram which they call health savings tion, because it certainly is shocking are saying to our elderly that between accounts—what used to be called med- legislation, the point I would like to 2 million and 3 million—and closer to 3 ical savings accounts—which provides make in the next few minutes is about million. billions of new tax breaks for the how we got to this process and how Low-income seniors pay more. Six healthy and the wealthy. The money America is very disappointed in what million of them will be receiving Medi- that should have been used in this bill we have come up with as far as a con- care but also receive Medicaid. The to provide additional prescription ference report. conference proposal denies States the drugs, they have taken billions out to It should be no surprise to people ability to provide wraparound coverage provide for this new program. They en- here when they find out that this bill to those low-income seniors. Instead, a courage the healthy and the wealthy to has basically been drafted in secret uniform Federal co-payment is im- take high-deductible policies, policies without a bipartisan effort, without a posed, and it is indexed, so that it goes that require you to pay thousands of lot of daylight shown on the details of up every year. Their out-of-pocket pay- dollars before you get benefits. That is the legislation until just this weekend. ments for drugs will be raised, and they fine for people who can afford to put Now many people are curiously reading may not even have coverage for the money into tax-free savings accounts through various aspects of the legisla- drugs they need the most. If they need but it is not good for ordinary working tion trying to understand all the give- a drug that is not on the insurance Americans. aways, all the subsidies, and whether it company formulary, they will have to The PRESIDING OFFICER. The Sen- could possibly mesh into any kind of go through a burdensome appeals proc- ator has 3 minutes remaining. comprehensive energy policy. I think ess. Most will simply go without. Mr. KENNEDY. The Urban Institute the bill is a disaster as it relates to Every one of these 6 million will be and the American Academy of Actu- moving us off our foreign dependence paying more. Maybe it is $2 a prescrip- aries have estimated that the health- and coming up with a concrete energy

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.075 S19PT1 S15150 CONGRESSIONAL RECORD — SENATE November 19, 2003 policy. It should be no surprise, when and new technology; increase available en- We should take our time with this this energy policy legislation started ergy; make the distribution system more re- bill. with a task force meeting with the liable; and reduce pollution from burning The St. Paul Pioneer Press is obvi- Vice President in which no input was fuel. The energy bill unshrouded Monday by ously pointing to what Members would congressional Republicans is, at best, half of given, no open session as to what was a loaf that has been dropped repeatedly in refer to as pork-lined elements: being discussed. the dirt. Energy Bill Lavishes Billions to Drill . . . That a bill is brought here to the Some people say this was a process, I don’t think that is what we thought House and Senate that ultimately in- the future energy policy of America cluded a conference report drafted in it went through committee hearings and through all sorts of hearings, and would be—lavishing billions to drill. secret makes it very difficult for us to We thought we were going to have an have good legislation. But don’t take we had discussions on the floor. I remind my colleagues that we got to this energy policy that was about innova- my word for that because I do want to tion, technology, about moving for- discuss the policy ramifications. Let’s point on July 31 of this year where we could not agree on an energy bill. I per- ward on conservation, and about alter- talk about what America is saying. native fuels. Not that we didn’t think In the last 24 hours, we have had a sonally thought we should hold the bill we were going to continue to use some variety of people around the country, up at that time and send it back and fossil fuels, but we didn’t think we particularly in the press, look at this basically make the point that it wasn’t would lavish billions on them. legislation and actually make editorial going to be a successful product, hop- We also heard from USA Today. At a comment on it. When I woke up this ing my colleagues would go back to the time when we have ballooning deficits, morning and saw the stack of edi- drawing board and get more bipartisan what is this bill doing to help us get on torials that are before us on each Mem- legislation. the right track? They said: ber’s desk, I was shocked to read the What happened was, we got so des- detail and comments from newspapers perate, we passed last year’s Senate Costly Local Giveaways Overload Energy Plan. all over the country. That is good news bill and many of us said: We know what will happen. They are going to take The Nation can’t afford an energy program because it means America is watching that drives up the Federal deficit without this energy policy, that those of us in last year’s Senate bill and dump it and addressing critical problems. overreach in the conference because it the Northwest who have suffered from Part of this is not addressing critical will be controlled by the Republicans, Enron market manipulation are not problems. There are many aspects of not in a bipartisan policymaking fash- the only ones watching, that those in this earlier legislation draft that I ion, but they are going to overreach. A New York who have suffered through think could have gone a long way to- lot of people say this has been written blackouts are not the only ones watch- ward getting us on track with jobs, ing, that people all across America are. by the energy lobbyists. The Philadelphia Inquirer said: along with the Alaskan natural gas In fact, the question is, Are we better pipeline, that probably are not going to The Energy Bill: Lobbyists Gone Wild. off having to pass this Energy bill or come about now, which could have got- are we better off without it? They say: ten us further ahead on a hydrogen fuel I will take from what the Great Falls After all, there’s something for everyone economy and would have established Tribune said: here. Everyone, that is, with enough dough U.S. leadership in that new technology. Once again, let this energy bill die. to finance a lobbyist’s next pair of Gucci Yet that was left out of the bill. [shoes]. Why would somebody say that? Some The Wall Street Journal, which I of my colleagues are trying to say this It is amazing that so many news- think has followed the energy debate Energy bill actually has a concrete pol- papers have so much on the ball and very closely, was shocked to find out in icy. According to the Great Falls Trib- took time in their editorial pages in the last couple of days: the last couple of days to shine the une: We are as certain today as we The fact that it’s being midwifed by Re- have been for a of couple years that no bright light on this policy that has publicans, who claim to be free marketers, Energy bill is a better option than the been drafted in the dark and not in a arguably makes it worse. By claiming credit bills being hashed around in the marble bipartisan fashion. for passing this ‘‘comprehensive’’ energy re- halls of Washington, DC. The Chicago Tribune said: form, Republicans are now taking political Other newspapers have said this bill Energy Legislation on the Fly. ownership of whatever blackouts and energy should be a ‘‘do not pass go.’’ If those problems don’t sink the bill, the shortages ensue. Good luck. The Minneapolis Star Tribune, again process by which the Republican majority Why is that? That is the Wall Street an independent newspaper organiza- cobbled it together certainly ought to. Journal, and it is basically putting tion, that probably, if it took a close Democrats literally were locked out of the these issues that have happened in final negotiations, and now Congress—and look at this bill, saw there were some America already—energy blackouts projects that the State of Minnesota the public—have about 48 hours to digest and evaluate the contents of this mammoth doc- and shortages—on the other side of the could benefit from. Yet they say the ument. This is no way to craft sensible na- aisle, on their lap, and saying this pol- Energy bill is a fine target for fili- tional energy policy. icy isn’t going to work. buster. A newspaper organization in a That was the Chicago Tribune. I have to say, as a former State that actually has energy projects My colleague, Senator DURBIN from businessperson, we have had a lot of de- in this bill thinks we should filibuster Illinois, has been out here talking bate about standard market design and this bill: about the MTBE provisions and how regional transmission organizations. I The energy bill unveiled over the weekend those who might be affected by that want to see free markets work. But is wrong headed policy prepared in a high and the public might become deep free markets work when there is trans- handed way, fitted with perhaps enough gifts pockets on what really is the responsi- parency and when there are rules in to selected opponents to buy its passage. It’s place. This legislation does very little an abusive approach to lawmaking, egre- bility of individual businesses. But I gious enough to deserve—indeed, to invite— think he should be very proud that his to provide for transparency in the mar- a filibuster. hometown newspaper is trying to edu- ket. I think that, along with many of That is from a State that has energy cate people all over Illinois who might the other items of oversubsidization projects in it. So this is a national en- think, gee, what is wrong with this and special interest initiatives in this ergy policy, which some, such as col- bill? Probably ethanol provisions are in legislation, is what drew the Wall leagues on the other side, like to talk it, and it ought to be a good bill. They Street Journal to say it is not a good about. According to the Houston are actually doing the work to show piece of legislation. Chronicle, in a State that would ben- that this is quite controversial. What else do people say? The Concord Monitor basically said efit in the millions of dollars from dif- Another newspaper, the Milwaukee this is: ferent subsidies and sweetheart deals Journal Sentinel, wrote something in this legislation, they say: pretty humorous: Abuse of Power: The Federal Energy Bill is Ultimately Worse Than No Bill At All. Fix the Flaws. Indigestion Before the Holidays. A bill setting out a national energy policy The Old Testament is only slightly longer That is what America is starting to should encourage conservation, investment and is a lot more readable. . . . understand—that this policy is worse

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.077 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15151 than no bill at all. It is a disappoint- I am amazed again at how many have to draft an energy policy that has ment that we are at this stage of the newspapers across the country are a vision, that has a focus, that has the ball game, and I have to say as a mem- writing about this bill. We talk about, right incentives and ask America to ber of the Energy Committee for the obviously, some of the Clean Air Act step up and help with this process. last almost 3 years, before joining the and Clean Water Act issues, and I will I wish to continue with a few other committee, I talked to colleagues and get to those in a minute. charts. The Orlando Sentinel agrees former members about joining that The Fresno Bee calls this legislation with what I have just articulated and committee. People pointed out to me ‘‘political wheezing.’’ that is a concern about this Energy bill that it had been almost 10 years since They say: and where the focus is for tax breaks. the last time we had an energy bill The valley representatives in Congress The Orlando Sentinel said: pass out of that committee. Who knew have put a particular stake in this fight. The Start over: The energy bill before Congress whether we would have an energy pol- problems of air pollution, especially diesel is worse than what exists. icy in the future? I think it is safe to particulate matter, are worse here than any- Why do they say that? They articu- say, with this product in front of us, we where else, and we must do everything we late: can to address this. bit off more than we could chew by Two-thirds of the tax breaks will go to the cobbling together a bill that is not What about the Ventura County Star oil and natural gas and coal industries, help- really centered around the future en- newspaper talking about the obviously ing to perpetuate this country’s dependence ergy policy but is specific giveaways to bad coastal oil and gas language? on fossil fuels. individuals so that they will buy in on Every year on the west coast there is a A lot of people hear about these tax support of this legislation. But it is battle that goes on. Basically, we have breaks and think we are talking about worse than I could have imagined, and had for 20-some years now a morato- new technology, either smart meter- certainly doing nothing is better than rium on drilling off the coast of Wash- ing, wind energy, or something—even this legislation. ington, Oregon, and California. While clean coal. But the clean coal percent- What about the blackouts? I know that is an Executive order moratorium, ages of the dollars spent on tax incen- some of my colleagues would like to we always have to worry that some in- tives in this bill are very minor as well. say this is legislation that is going to terest or some group is going to try to So we are spending money on subsidies, move us forward in this area. I can tell lift that moratorium. It happens every but we are spending them in the wrong you what the Providence Journal said: year, and every year in an appropria- direction. Energy Gridlock. tions bill Congress continues to say: What does America say when you ask Unfortunately, Congress seems intent on We want a moratorium on drilling off them about this? What do they say passing a bill that does nothing to make our our coast of Washington, Oregon, and when you say: Gee, here’s the choice. energy supply cleaner, safer, or more afford- California. The question to them is, Do you sup- able, and certainly does nothing to prevent a port giving subsidies to oil and natural major failure. We hope that it won’t take an- Why do we have to drill there? We other huge blackout for Congress to see the have marine sanctuaries. We have ter- gas companies and giving tax incen- light. rific problems with tanker traffic and a tives. Basically, when you read a de- That was written in the last week or variety of other issues. We have had scription of this, the majority of voters so. spills off the coast of Washington that in this country, 55 percent of them, I have a lot to complain about here have caused incredible damage. Why do think Congress would be better off if because my predecessor—we had a we have to worry now about legislation we didn’t pass this legislation. A ma- blackout in the Northwest prior to New that makes that issue more cloudy by jority of Americans are already saying York’s, and my predecessor, former saying you could give the Secretary they are not interested in this legisla- Senator Slade Gorton, actually pro- the power to expedite and approve a tion. posed reliability standards and a proc- process on this? What did the Ventura This bill is about as bad as it gets. ess for moving forward so that the in- County Star say? Obviously, I am encouraging my col- dustry was accountable for energy sup- They said: leagues to vote no. As the Atlanta ply and standards that would prevent Instead of trying to continually slip in lan- Journal-Constitution said: us from having blackouts. guage that harms the Nation’s coast lines, Put backroom energy bill out of country’s What happened? His legislation actu- puts thousands of communities at risk of an misery. ally passed out of the Senate and got economic and environmental disaster, Con- It goes on to urge, when Members of held hostage in the House because the gress should be focused on the public’s wel- Congress have the chance, ‘‘Members of industry wanted more deregulation be- fare, the environment, and the rights of Congress who remain committed to a States to protect their residents. fore they were going to put reliability more rational energy policy . . . standards in place. How is that respon- This bill undermines those rights. It shouldn’t hesitate to reject it. sible? undermines States rights, it under- I have just read for my colleagues, Now we are moving forward on an en- mines the rights of individuals, and it not my thoughts, but the thoughts of ergy bill that basically, at best, as it will leave our shorelines less protected. newspapers around the country. Why relates to FERC and its jurisdiction What did the Nashville Tennessean did I do that? I am sure my colleagues and responsibility, is confusing and say? It said: can read. I know they have busy sched- muddling. We do nothing about the An energy bill without savings has no ules today. I know they have these edi- market manipulation issue of Enron in steam. The President and his allies have torials on their desks. I spent time to this legislation. built an energy policy on their convenience— do that because I want them to know While I would like to believe the reli- On their convenience. that America is watching, and America ability standards will help in some When they are willing to build on con- expects us to stand up and do the right ways, I don’t know, given the overall servation, then they’ll have an energy policy thing. This bill that we have had very aspects of the bill, that they are going that will work for all Americans. little time to really understand, and to be as helpful as we need them to be. Makes sense, doesn’t it? The bottom basically on this side of the aisle have Why should we have to be told that you line is, this bill is what some people are been shut out of the process as it re- have to swallow the whole energy pol- saying. It is about Hooters and pol- lates to the conference report, are try- icy that is bad for America just to get luters. It is about special interests. It ing to respond in very short order to reliability standards so people in New is not about a conservation policy that say that this bill is a mistake. I want York or Ohio or Michigan can be sure is good for America, and it does very my colleagues to know that the rest of their lights will turn on at night? That little to get us off our dependence on America is watching. is a ridiculous policy. This body should foreign oil. America deserves better. Some of these issues my colleagues have passed reliability standards as a If our generation has been smart have gone over before, but I want to ar- stand-alone bill when Slade Gorton enough to put a man on the Moon, our ticulate a few of my objections to this proposed it, and it should have passed generation can be smart enough to get legislation because I think it is impor- it as soon as we came back after the off our dependence on foreign oil, but tant for America to understand the August recess. we in this body have to do our job. We various aspects of this legislation.

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.080 S19PT1 S15152 CONGRESSIONAL RECORD — SENATE November 19, 2003 First, there are a variety of environ- when does an energy policy for Amer- tied to the rest of the country so for mental laws that are basically under- ica, that ought to be focused on a hy- some reason Texas should be exempt mined by this legislation: the Clean drogen fuel economy, about energy ef- from this. Water Act, the Clean Air Act, the Safe ficiency, about fuel efficiency, a whole Here is the facility right here. This Drinking Water Act, the Outer Conti- variety of things, have to have an as- facility does interstate and intrastate nental Shelf public lands issues. I ask sault on public lands? commerce and is connected, and if this myself: Why is it that we have to un- When drilling on those public lands, electricity title is good enough for dermine current environmental law to one has to pay a royalty. Oh, but under Washington, good enough for New have a national energy policy? I have this bill now less is paid because we are York, and good enough for Ohio, it sat on the Energy Committee in var- forgiving some of those royalties. Why? ought to be good enough for Texas, too. ious hearings about public lands, about Because we want to incentivize more They should not have an exemption in energy companies, about getting more oil and gas drilling on public land. this bill. supply. I have not heard an industry Why? If we look at the research that What about the sweetheart deals in show up and testify that they have to shows where the availability of oil and this legislation? I could go on actually do something about the Clean Water gas is, it basically shows on most pub- forever about the sweetheart deals in Act, but this legislation does under- lic lands it is uneconomical; it is hard this legislation. My favorites are the mine the Clean Water Act. It exempts to reach. One cannot get that far on $1.1 billion for a new nuclear facility in all construction activities at oil and the access to public lands to make it Idaho. Not that this Senator has an out gas drilling sites from the coverage of even efficient. So why now further and out opposition to nuclear facilities. runoff requirements under the Clean incentivize it by saying we are going to We have some in Washington State. I Water Act. make them pay less in royalties? spend a good deal of my time talking Is that what America wants? Is The other thing is it creates this new about Hanford cleanup and the billions America so desperate for new oil and entity—I do not know what one would of dollars taxpayers have spent on try- gas drilling sites that they say the run- want to call it. I do not know if it is ing to clean up nuclear waste. But why off at those sites are something from the Cheney committee. I do not know are we going to spend $1.1 billion for a which those particular industries what it is, but somewhere in the White new nuclear facility in Idaho to see if should get an exemption? Everybody House this legislation says now there nuclear power can produce hydrogen? else who is a developer in America has will be an organization that plays a There are thousands of ways to produce to deal with runoff. It is not an easy policy role on expediting oil and gas hydrogen. You do not have to have a problem. drilling and making sure that if it is new nuclear facility to do it. We set a priority. We said we wanted about waiving access to public lands, My other favorite little part of the clean water in America and so we set this group will help get the job done. I sweetheart deal is basically a process standards. So why would we let new oil do not understand why we have to go in the bill in which DOE can help pay and gas construction out of that? through that process of dealing with for and finance the transmission hook- We, obviously, care about clean air. our public lands to make energy policy ups that might end up being used for a Why do we have to have an energy pol- work in America. coal company in Texas. icy that basically changes clean air at- I think there are many other things My colleagues might say, well, geez, tainment levels that we have already we should be doing. Let’s talk about a if someone has new power and they set in policy just to get new energy few other things, because I know that I want to put it on the transmission grid construction? Is that what the Con- have colleagues who want to chime in in my State they get in line. If they gress thinks the message ought to be? on this, but I have to mention a few have capacity and they want to be Obviously, this legislation is a rewrite other things that I was shocked to find added to the grid, they come to the of existing law and it postpones ozone in this legislation. Bonneville Power Administration and attainment standards across the coun- As a Member who spent many hours work with them about how they are try. This is a matter that was never on the electricity title, I do not undergoing to add capacity to the grid, but considered in the House and Senate bill stand why this bill has to have an ex- they do not have DOE coming in and and that has now been inserted into the emption for Texas. Why does the State basically saying they will help them conference report. That is what one of Texas get out of compliance with the get connected and get capacity to the gets out of a secret process. They get electricity title as it relates to elec- grid. bad legislation as it relates to some of tricity market rules, market trans- That is just part of the aspects of our strongest environmental laws. Now, why does a national energy pol- parency rules that are so important to this legislation, the many sweetheart icy have to step on safe drinking making markets work, basically pro- deals. I am sure many of my colleagues water? Are we in such desperate straits tecting the consumer? Texas gets pro- are going to go through this and talk to get energy supply that we are will- tected from the cost shifting that hap- in more detail about some of this legis- ing to say there can be an exemption pens in transmission construction, but lation, but this energy policy, more from safe drinking water? The provi- the rest of us in the country do not get than anything else, is a missed oppor- sions in this act basically remove an to be protected. tunity. Instead of incentivizing the oil and gas extraction technique from Now, I wanted to bring this issue up right programs, we are spending $23.5 regulation of the Safe Drinking Water when we were debating this bill in July billion in tax incentives where only a Act. but we decided, because there was so small percentage of them go to the re- Hydraulic fractioning is a process by much turmoil, to take this out and to newables, conservation, and energy ef- which water, sand, and toxic chemicals basically go back to the Senate Demo- ficiency that America thought it was are injected into rock so the oil and cratic bill passed from the previous investing in when it heard about this natural gas that they contain can be year just to try to get something energy policy. extracted. So if we do that in some going. As I said earlier, now we know The whole provision that we talked large body of water within my State of what the end result was: A bill in se- about dealing with hydrogen fuel, Washington, somehow that company cret in conference that has all sorts of which was an investment in goals and that is involved in that technique does things in it, including this exemption basically a process for us to get to a not have to meet the regulations under for Texas. hydrogen economy, have been thrown the Safe Drinking Water Act? In the electricity title, after what we out of the legislation. The only thing Somebody who is going to explore for have seen in California with deregula- that remains is sort of a small incen- that kind of oil and gas, is it so impor- tion, as we have seen with various mar- tive for that. tant for us to have that that somehow ket manipulation activities, we want What about creating the clean energy we are going to say they do not have to better rules. We want transparency. We economy of the future in which we meet safe drinking water standards? I want things to work and to have indi- thought we could estimate a creation do not understand that. vidual utilities held accountable, but of 750,000 jobs in America over the next I already articulated a little bit our we are going to exempt Texas. Some of 10 years by focusing on these energy ef- concerns about public lands. Since the people have said, well, Texas is not ficiencies? Well, if they are spending

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.083 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15153 $23.5 billion and only have 32 percent get off of its dependence on foreign oil billion should balloon to $23 billion. going to that, those 750,000 jobs are and also to invest in an energy econ- This includes $1 billion to build a nu- never going to be created in America. omy that will produce jobs and have clear reactor in Idaho. I understand we I know my colleague from New York America lead the way in new energy need projects in people’s States to sort wants to speak, and I know I have technology. Let’s not embarrass Amer- of grease the wheels of legislation, but other colleagues who want to speak, so ica by passing this bad legislation that at $1 billion a shot? I will try to wrap up, but I feel dis- undermines environmental laws, that There is so much bad in this bill. To appointed for the policy opportunity puts the tax incentives in the wrong me, the two worst provisions are the that is being missed. America wants to way, runs the deficit up without giving MTBE and the ethanol provision: know what this legislation is about. us a return on jobs, that basically does MTBE, taking people’s livelihood they They want to know where we are going little to address the market manipula- put into their home; their homes are with energy policy. This policy could tion and blackout situations that hap- ruined. Their only hope is for the oil be far more reaching in response, not pened in the past and, as I am sure my companies, which knew how bad just to the crises that we have had in colleague from New York will talk MTBEs were and didn’t tell anybody, Washington, California, and Oregon, about, really sticks some Americans to help pay. We pulled the rug out from and not just to the policies of black- with the deep pocket expenses of clean- under tens of thousands of present outs or the fact that these institutions, ing up waste. homeowners, and millions of future the House and the Senate, have not Let’s not pass this legislation. Let’s homeowners who cannot even live in passed a reliability standard that listen to America. Let’s listen to what their homes anymore. They can’t take would give people in New York and those newspapers are saying because a shower. They can’t drink the water. other places in the country the kind of they are the first shot at this legisla- And we are saying: Tough luck. We are security they need. We are missing a tion and they understand. Let’s go giving the MTBE industry $2 billion to big opportunity to be leaders in energy back to work, even if it means next close. We don’t give a small store policy in the world. You might hear year. Let’s go back to work and let’s owner any money when they close. In some people say we are going to get put an Energy bill together that Amer- addition, we say you are absolved from this national grid. It is not about a na- ica can be proud of. Let’s make it a your mistakes and the taxpayers, the tional grid. I guarantee we are not goal of our generation that we are homeowners, pick up the bill. going to build a national grid and ship going to get off our foreign dependence, The ethanol provision, I have such power from Seattle to Miami Beach, but we are going to do it the right disagreement with so many on my side and anybody who tells you that they way—the Members of this body will of the aisle I am not going to get into are going to does not understand en- work together to get that legislation it. Suffice it to say, if you want to sub- ergy policy. A national grid is not done. sidize corn, good. Don’t make the driv- about shipping power all the way I yield the floor to my colleague. ers of New York State or Washington across the country. We are entering an The PRESIDING OFFICER (Mr. State or some of the other States on era of distributed power. That means CORNYN). The Senator from New York. the coasts pay for it. I believe this can you produce power closer to the source Mr. SCHUMER. I only need 5 minutes raise our gasoline prices 4 cents to 10 and to the individuals who want to of time, and I can yield back the rest of cents a gallon in my State, and in have it. my time to my colleague from Wash- many others. That is not how we do What do you do now that you have ington to finish. I know she had an things around here. It is not how we hydrogen fuel cells? You have new hour. should do things around here. forms of energy that can connect to How much time remains? How can we be asked to support a bill the grid. What do you do to make that The PRESIDING OFFICER. There re- that does that? a reality? First of all, you obviously mains 21 minutes. But the worst thing about this bill is provide the right transparency and sta- Mr. SCHUMER. I ask unanimous con- what my colleague from Washington bilization of the system and give over- sent I be given 5 minutes, and the re- mentioned, which is the missed oppor- sight to an entity that hopefully does mainder of that 21 minutes goes back tunities. If there was ever a time, if its job. Obviously FERC, in a lot of in- to my colleague from Washington there was ever a perfect storm to cre- stances, has failed to do its job. But State. ate a real energy policy in this coun- you create these decentralized energy The PRESIDING OFFICER. Without try, one that we don’t have, it is now. plans in which individuals can connect objection, it is so ordered. We have 9/11, and everyone realizes how their power source and their genera- Mr. SCHUMER. Mr. President, I we have to become independent of Mid- tion to the grid and have it delivered in thank my colleague from Washington dle Eastern oil. We had Enron, and ev- that region. That is the most economi- for her stellar leadership on this issue. eryone realizes the problems in traf- cal delivery of energy. That is the fu- She has been just a beacon on this bill, ficking in electricity and in the grid ture. on which it is appropriate to have a and that things have to be changed. We This bill does not invest in that. It beacon. She is the beacon from Wash- had the blackouts this summer, and ev- does not invest in net metering, which ington State, and I thank her for the eryone realizes the grid that we have would basically have a framework for good work she has done. can’t be piecemeal anymore. people to understand how to get their I thank my colleague from New Mex- These are perfect opportunities to power source onto the grid. It doesn’t ico. We are good friends. I regret I feel get our hands around the policy that invest in an interconnecting standard so strongly about this legislation in op- will serve us well for the future. Noth- by which everybody could start under- position to him. But I believe this is ing is in there. It is not simply that standing how they could connect to the the worst legislation that I have seen there are special interests and a policy, grid. It doesn’t even set standards for in my over 20 years in the Congress. It but there are special interest provi- some of these new technologies that is bad for what is in it, and it is bad for sions and they take the place of any everybody wants to be part of devel- what is not in it. I will speak at much real energy policy. That is what so oping. There should not only be a na- greater length on those issues when I bothers me about this bill. tional standard for the United States have more time, but I would just like China is adopting more stringent on how to build a hydrogen economy, it to mention a few things. CAFE standards than we are. Should ought to be an international standard It is laden with special interest pro- that make us wonder what we are so the United States can be a leader in visions. There is no question about it. doing? job creation in that new economy. But So many people got little things for I read history. Great empires, great that is not in this bill. their States. Some of them are good, countries—and I love this country. It As bad as this legislation is, and it is some of them are not good. When you has been the most wonderful thing for bad, my colleagues should make no add them up they are extremely expen- my family that has ever happened— mistake; this bill should not pass. But sive. It is hard to believe in an admin- begin to lose it when they fail to come the tragedy is that America is not istration that is watching costs so to grips with reality. We have a reality grabbing its future opportunity to both much that a bill that was originally $8 here. We have three realities. We are

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.086 S19PT1 S15154 CONGRESSIONAL RECORD — SENATE November 19, 2003 just fiddling while Rome burns. We are appear, it stuck around forever. A tiny fault of their own, are facing these ter- dancing on our merry way and giving amount of it could be dangerous to rible health problems? These families out a little bit of pork here and a little thousands, if not millions, of people. can’t go to court now to hold the oil bit there and a little bit here and not They knew it. They continued to make companies that knew better account- dealing with the fundamental energy it. They continued to sell it. They able. That is what this bill does. problems we face. knew all along that people would get The Senator from New Mexico has I will have more to say later. I thank sick and some would die as a result of been very candid. I admire his candor. the Chair. I thank my colleague from that product. But his candor tells the story. We can Washington for her courtesy. I yield Should they be held accountable or do a lot better. the remainder back to her. should they be let off the hook? I thank the Senator from Washington Ms. CANTWELL. Mr. President, does Turn to our Energy bill and look at for her leadership on electricity and the Senator from Illinois wish to section 1502 which answered that ques- protecting our public lands, and other speak? I yield to the Senator from Illi- tion for America. The makers of MTBE areas. nois 5 minutes. are given safe harbor. It sounds great, I yield the floor. The PRESIDING OFFICER. The Sen- doesn’t it. Here is what it means. You Ms. CANTWELL. Mr. President, I ator from Illinois. cannot sue to hold that oil company or will not take all 10 minutes. I know we Mr. DURBIN. Mr. President, I thank maker of MTBE accountable for that have other colleagues in the Chamber. the Senator from Washington. deadly additive that is poisoning peo- I wish to make one final point. Mr. DOMENICI. Mr. President, I have ple and causing cancer if it is a product I thank the Senator from Illinois for been waiting to speak. I didn’t under- liability lawsuit—can’t do it. But we continuing his talk about this issue as stand what happened. have decided that in order to strike a it impacts his State and national pol- Mr. DURBIN. I believe the Senator political bargain here, we are going to icy which we are all trying to fight. from Washington has time remaining let the oil companies off the hook. But many of my colleagues know that and yielded 5 minutes to me. on one provision in the Energy bill re- Mr. DOMENICI. After that, are we What does the family do? What are lating to Enron, we really tried to finished? they supposed to do about water they Ms. CANTWELL. I will probably have can’t drink, where people are sick in make a point. In fact, 57 Members of about 10 minutes left and we will wrap their neighborhood and where houses this body passed an amendment, albeit up. are losing value in a community that is on the Agriculture appropriations bill Mr. DURBIN. Mr. President, I thank scared to death? We tell them to read because we couldn’t get it on the En- the Senator from Washington for yield- the Energy bill we are producing here. ergy bill when we recessed in August, ing. That is the best we can do for you. We which basically said we think market Consider this: You buy a home in a can’t answer your problems. We can manipulation has taken place and neighborhood and you start hearing tell you that we passed a good bill and something needs to be done about it. about people around your neighborhood the oil companies love it. In fact, at that time I argued that in who are getting sick. It turns out it is The Senator from New Mexico came this legislation we ought to have a pro- not just a common, ordinary sickness. to the floor earlier and very candidly— hibition on the types of market manip- It is serious; it is cancer. Then you are I salute him for this—said you had bet- ulation that actually happened with puzzled and start wondering: Is there ter understand the deal. If you want to Enron and include that in the Energy something in the water. Isn’t that the help ethanol, you had better let the bill. My colleagues on the other side of first thing you ask? Then you find out MTBE polluters off the hook. Other- the aisle drafted language that basi- there is something in the water. It wise, there is no deal. cally prohibited one of the Enron turns out it is something called MTBE. We have spent 20 years producing abuses but not all of the Enron abuses. You never heard of it before. They ex- ethanol. My State produces more than But in a separate piece of legislation, plain to you, it is in the gasoline in any State in the Union. I have proudly we got 57 of my colleagues—a majority your car. Incidentally, at that service stood behind this product because I be- of Senators—to say, Let’s say that station on the corner—the one where lieve it is good, it is healthy for the en- market manipulation on contracts was they dug up the tank—that tank was vironment, and it reduces our depend- wrong. leaking. The leaking gasoline from ence on foreign oil. But I have said to That language still exists in a con- that tank contained MTBE, and it got my friends back home who support eth- ference committee on Agriculture ap- down so low that it got into the water anol and I will say it on the floor: If propriations. That language is sitting supply of the village in which you live. the bargain I have to strike for ethanol there hoping we will get it out of con- The water you have been drinking and is to turn my back on families who are ference, even though the industry is giving to your kids contains MTBE. dying from disease because of MTBE, lobbying against it. Yes, that is right. Studies have shown that MTBE can the deal is off. The deal is off. That is The remnants of Enron are lobbying be cancer causing. Think about that. unjust. It is immoral. It is wrong. If against it. Totally innocent and unsuspecting, that is what it takes to promote eth- What do we do? In this conference re- you have now learned that a public anol in America, I will not be part of port, we basically change current Fed- health hazard that threatens your fam- it; absolutely not. Count me out. eral law and say those contracts ily, the value of your home, and your That is a basic injustice, to say those shouldn’t stand. We go one step further community is linked to something you oil companies would not be held ac- in the Federal Power Act and say ma- had never seen before and never heard countable for their wrongdoing in order nipulated contracts are not in the about. to promote the ethanol industry. It is a public’s interest. So what do you do? You are con- deal with the Devil. It is a Faustian This legislation should be defeated cerned about the health of your family. bargain, and I don’t want to be a part alone on the fact that it continues the But you turn around and say: Whoever of it, and no Member of the Senate Enron price gouging. We as a body is responsible for that additive that should either. failed to stand up to that kind of activ- threatens my family and my home and If this is as good as it gets on the ity. We can say all we want about the my community needs to be held ac- floor of the Senate, shame on all of us. reforms we have with the SEC, all the countable. This bill should be stopped in its reforms we had on auditing, but in our That is what America is all about. tracks. We ought to send the people energy policy we have done nothing to Nobody gets off the hook. So people go back to the committee and say start be the policemen on the street. These to court. They say to the oil company: over and get the work done. America’s energy companies, under this legisla- Did you know that MTBE in your gaso- energy future depends on thoughtful, tion, are still going to run free to con- line could threaten public health? Well, visionary policies. It doesn’t include tinue to manipulate market. Not only it turns out they did. They knew for a this kind of a deal with oil companies that, we are putting in this bill that it long time. to let them off the hook. is OK to do so. They also knew that if that MTBE How in the world can you turn your I urge my colleagues: Please, in the got in the environment, that didn’t dis- back on these families who, through no next 24 hours review this legislation

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.090 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15155 carefully. It has so many issues that bill. Remember, most of the things constituents to save their holiday Tur- are the wrong direction for our coun- they are talking about are not in the key carcasses because this farsighted try. law now. Throw away this bill and we bill even provides subsidies for car- I urge my colleagues to stand up to have thrown away the things they say casses used as biomass to generate en- the special interests that have promul- are necessary for their continued oper- ergy. gated this bill and say no to the con- ation in the United States. We cannot discuss the bill without ference report. The biggest and most important is looking at the fiscal condition of the I yield back the remainder of my the wind industry in America, large United States of America today. Ac- time. and small, that produces wind energy cording to recent reports, Government The PRESIDING OFFICER. The Sen- for the United States. It is a growing spending, thanks to the Congress, grew ator from New Mexico. new industry. Listen clearly: It is at 12 percent. We are looking at a half Mr. DOMENICI. Mr. President, Sen- growing because it has a subsidy. For a trillion budget deficit next year. We ator MCCAIN is on the list we made as those who do not like subsidies, we can have gone from a $5 trillion surplus the next speaker. cut it off and there will be no more over the last few years to a multitril- I ask if I could speak for about 2 min- wind energy produced for who knows lion-dollar deficit. So what do we do? utes before Senator MCCAIN. He has in- how long, maybe 10 years. Maybe that We are passing a bill that will increase dicated yes. is what some would like. Without this the deficit by at least somewhere Mr. REID. No objection. bill, the current production credit for around $24 billion. The PRESIDING OFFICER. Without wind energy is gone. This bill starts it By the way, I am really sorry we objection, it is so ordered. and continues it. It will be gone. It will have not gotten the bill. I understand Mr. DOMENICI. Mr. President, fellow not be there. it is 1,200 to 1,600 pages long. Of course, Senators, my good friend from the We can talk a lot about special inter- we are considering it without even hav- State of Washington went through a ests, about where the money is going, ing a chance to observe it, but it is series of newspapers and read what where the $2.6 billion a year is going printed in the RECORD. I imagine the newspapers had to say. I will not do over the next 10 years. We have an RECORD is pretty big. that. But I suggest that she and other American energy use of $450 billion a Adding to this feast, this bill also Senators, instead of reading what the year. We are trying to move it around contains the other white meat. Of newspapers have to say, read what the edges. It does not seem to this Sen- course, I am referring to pork. I fear their constituents have to say. ator to be an exorbitant amount of for the passage of a 1,200-page, pork- I want to cite some constituents of money or an exorbitant effort to laden bill. The outbreak of Washington hers and of everyone else in the Senate produce a variety of energies, diversity trichinosis will be so severe we will be and what they have had to say. The of source, and diversity of base so we forced to have a field office for the Cen- Solar Industry of America applauds are not totally dependent again on a ters for Disease Control right next to this. They are the largest group of source such as natural gas, soon de- the Capitol. I am not saying this will American businessmen involved in dependent on it from overseas. not generate some energy, not at all. It velopment of solar energy. They sent a Overall, there are problems with the will fill the coffers of oil and gas cor- letter in full support, along with the bill, yes; problems we had to concede, porations, propel corporate interests, National Hydropower, American Coali- yes. But overall, it is a bill that will and boost the deficit into the strato- tion for Ethanol, Renewable Fuels, Na- work. sphere. tional Biodiesel Board, American Soy- I will answer MTBE concerns at least Indeed, I have stated on several occa- bean Board, North American Electric once a day, but I don’t think two or sions the name of this bill should be Reliability Council. While we are on three times a day. I have done it once. the ‘‘Leave No Lobbyist Behind Act of that one, let me suggest that the board I will ask other Senators who are fa- 2003.’’ Given the magnitude of the lar- that looked at the blackout we had in miliar with the subject, including the gess offered in this bill, I hardly know the Northeast and just issued a report. Senator in the chair, to answer these where to begin. I feel somewhat like a I will talk about it later. concerns. Suffice it to say, some of the mosquito in a nudist colony. I hardly Most interestingly, the biggest thing descriptions about MTBE in this bill know where to begin. they found that caused that blackout are wrong. At a time when it is crucial for our was the violation of reliability stand- I have given my best shot at it, but I national security and economic welfare ards. Those standards are in this legis- will close with a very simple example. that we pursue a new course toward en- lation. That will not happen again. The If you use Folgers Coffee and produce ergy independence and global environ- study group says we have taken care of hot water that is too hot, you sell it mental protection, the provisions in them in this legislation. Do not forget, and burn somebody with the coffee, I this bill take exactly the wrong direc- if we do not pass this, they are out the doubt very much if you will sue tion: increasing our dependence on con- window. Who knows when we will get Folgers Coffee. That is the issue of ventional fuels; increasing environ- back to them. MTBE. It is a legitimate, valid prod- mental degradation; increasing our en- The National Rural Electric Coops of uct, certified by the United States of ergy use; increasing our national debt; America, a letter of full support; the America to be used. For those who use and diminishing protection for con- Large Public Power Council; the it right, we have said they will not be sumers and public health. APPA, the American Public Power As- liable. For those who use it wrong, and Let’s start at the top of the corporate sociation; Coalition for Renewable there are many who have, they will re- subsidy heap. We have the biggest in- Fuel Standards—totally in support. I main liable. In 15 years there will no crease in corn and cash this Congress have a multi-industry letter in support longer be any more of that. has ever seen, doubling the national of this bill from Interstate Natural I say to the corn growers, we have ethanol mandate. A doubling. Gasohol Gas, National Association of Manufac- the same issue looming over us on alco- production is the worst subsidy-laden turers, Ocean Industries, National Corn hol and ethanol. We have said there, energy use ever perpetrated on the Growers, North American Manufactur- too, the product is not liable; using it American public, and it starts with ers Association, Edison Electric Insti- improperly does create liability. sweet corn. Ten percent of the corn tute, and Domestic Petroleum Council. I yield the floor. grown in this country is used to Some day before the debate is over I The PRESIDING OFFICER. The Sen- produce ethanol. Corn producers, like will finish reading the names of groups ator from Arizona. producers of other major crops, receive supporting the bill. The point I make, Mr. MCCAIN. Mr. President, I think farm income and price supports. it is one thing for the editors of our this legislation is very timely because Let me remind my colleagues in the newspapers to write about a bill, it is if we pass it, Thanksgiving will come 107th Congress this body passed a farm another for the thousands and thou- early for the Washington special inter- bill which appropriated more than $26 sands of businessmen, large and small, ests. The American public will be pre- billion in direct assistance to corn who are going to benefit from this, to sented with an enormous turkey growers over 6 years. That is an aver- be writing what they think about the stuffed with their tax dollars. Tell your age of $4.3 billion in direct subsidies

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.092 S19PT1 S15156 CONGRESSIONAL RECORD — SENATE November 19, 2003 each year just to corn growers. But ob- count, rather than switching to the economically depressed area of Min- viously, they have not gotten enough. credit. This is a useless provision nesota. This new company, Excelsior But add it up, and we are over $3 per which won’t actually bolster the High- Energy, was formed by lobbyists and gallon of ethanol. way Trust Fund, or the U.S. Treasury. executives with ties to a company that The cost to consumers does not stop In fact, with doubled ethanol usage, filed for bankruptcy after amassing a with the production of energy. Envi- the Federal government stands to lose $9.2 billion debt and being fined $25 mil- ronmental costs of subsidized corn re- even more in fuel tax revenue in the lion for market manipulation. sults in higher prices for meat, milk, upcoming years. This brand new giveaway, which was and eggs because about 70 percent of The national ethanol consumption in in neither the House nor Senate-passed corn grain is fed to livestock. A GAO 2002 was 2.1 billion gallons. Multiply Energy bills, is estimated to cost be- report concluded, ‘‘ethanol tax incen- that by 52 cents per gallon, and you see tween $2 billion to $3 billion. While this tives have not significantly enhanced how much revenue the highway trust technology turns coal into a synthetic United States energy security since it fund has lost in excise tax in this past gas that can be combusted more effi- reduced United States gasoline con- year alone. About $1.1 billion. How ciently, coal plants continue to be a sumption by less than 1 percent.’’ So if much more, then, of taxpayer funds, leading source of global warming and we double it, maybe we will have less will be given back to the ethanol pro- should not be subsidized with scarce than 2 percent. It takes more energy to ducers, as ethanol production and con- taxpayer dollars. Further, this $800 make ethanol from grain than the com- sumption doubles? The Joint Com- million loan guarantee does not require bustion ethanol produces. Seventy per- mittee on Taxation estimates that the Excelsior Energy to meet any concrete cent more energy is required to ethanol mandate will cost $2 billion job creation goals or standards. In a produce ethanol than the energy actu- over the next 5 years. time of $400 billion annual budget defi- ally in ethanol. Every time you make 1 For decades the largest ethanol pro- cits, why should U.S. taxpayers cover gallon of ethanol there is a net energy ducer has been Archer Daniels Midland, the cost of a new plant that will not loss. producer of more than one-third of all even guarantee jobs? Minnesota al- The National Academy of Sciences ethanol in 2002, and whose nearest com- ready has a powerplant owned by Exel concluded in 2000 that ‘‘the use of com- petitor has the capacity to produce Energy. Now they need Excelsior En- monly available oxygenates in Refor- one-tenth of ADM’s capacity. ergy, a new plant burning more car- mulated Gasoline (RFG) has little im- The excise tax exemption from eth- bon? pact on improving ozone air quality anol has been estimated to account for Mr. President, $95 million for a sub- and has some disadvantages.’’ They more than $10 billion in subsidies to sidy for a process known as ‘‘thermal found that oxygenates can lead to ADM—one corporation with $10 billion depolymerization.’’ This is a good one. higher nitrous oxide emissions, ‘‘which in subsidies—from 1980 to the late Now you can get a tax credit if you are more important in determining— 1990s. In fact, it has been estimated compress Turkey carcasses into en- ozone levels in some areas.’’ that every dollar in profits earned by ergy. ConAgra Foods and Changing Reformulated gasoline, without Archer Daniels Midland costs the tax- World Technologies, the two companies oxygenates like ethanol, are widely payers $30. that would benefit from this giveaway, available and are superior to gasohol. Speaking of highly objectionable fuel have built the only commercial ‘‘ther- California has started a program called additives, I must join my colleagues mal technology’’ plant, which is lo- the ‘‘Cleaner Burning Gasoline,’’ which who have spoken against the MTBE li- cated in Carthage, MO. The plant has better fuel economy and overall ef- ability waiver. would convert poultry waste products ficiency than gasohol. Mr. President, it is an outrage to see from ConAgra’s Butterball Turkey I believe it was in recognition of this a product liability waiver for producers plant into energy. fact that the House and Senate both of MTBE retroactive to September 5, After including their cash cows and passed Energy bills that would remove 2003. This nullifies the lawsuits against all the polluter pork they could find, the Clean Air Act requirement to in- MTBE producers that were filed after energy conferees have now moved on to clude an oxygenate in reformulated September 5, such as the case last year tax breaks for turkey. I encourage my gasoline. But, the overall economic and in the Superior Court in California, colleagues to save their leftover turkey environmental benefits of no longer re- where a jury found that MTBE was a this year after Thanksgiving dinner. quiring an oxygenate is wiped out by defective product and resulted in a set- Instead of making sandwiches the next the $2 billion ethanol mandate dou- tlement in which MTBE producers day, how about turning in your poultry bling ethanol production in this bill. agreed to pay more than $50 million to for a tax credit? Another subsidy for ethanol pro- clean up MTBE-contaminated water An amendment was added Monday ducers is a partial exemption for the supplies. night—Monday night—to authorize the motor fuels excise tax, which is paid to Who is going to pay to clean it up lignite coal-fired electrical generating the Highway Trust Fund. Presently, now? This provision to shield MTBE plant, which would employ clean coal corn-to-gasohol producers take a $.052 producers from product liability could, technology to provide energy for a rap- per gallon exemption from the $.18 per according to the U.S. Conference of idly growing region. This amendment gallon excise tax fuel producers are re- Mayors, cost taxpayers—taxpayers, not was not included in either the House or quired to pay into the Highway Trust industry—$29 billion to clean up con- Senate passed energy bills. Fund. taminated ground and surface water. Another provision that we under- According to a recent General Ac- In 1998, the U.S. Geological Survey stand was inserted at the eleventh counting Office study, between 1979– conducted an MTBE survey of water hour, and was never reviewed by either 2000, this exemption has cost the High- wells in industrial areas, commercial the House or the Senate, would suspend way Trust Fund between $7.5 and $11.2 areas, residential areas, and mixed important environmental reviews to billion. urban areas nationwide, and also esti- facilitate the construction of uranium While a tax credit in this bill, called mated that cleaning up the MTBE-con- processing facilities in New Mexico by the Volumetric Ethanol Excise Tax taminated sites in soil and water na- the consortium, Louisiana Energy Credit Act of 2003, attempts to change tionwide is approximately $29 billion. Services. A Time magazine article that this trend, it merely provides the op- Just when you believe this bill can- appeared earlier this year raised seri- tion for gasohol producers to pay the not get any worse, it does. ous questions about one of the consor- entire $.18 per gallon excise tax to the Mr. President, $800 million—I usually tium members, which it characterized Highway Trust Fund, and claim a $.052 go through these bills, and we find as ‘‘a European consortium linked to per gallon credit on their income tax. pork in the hundreds of millions, some- leaks of enrichment technology to, yes, The credit would come from general times billions. This exceeds all of my Iran, Iraq, and North Korea—as well as treasury funds, and leave the Highway past experiences. Mr. President, $800 to Pakistan.’’ The article in Time mag- Trust Fund income in place, most million for a loan guarantee to sub- azine quotes a high-level U.S. nuclear blenders will continue to take the ex- sidize the creation of a brandnew pol- security administrator as saying ‘‘to emption, which is an immediate dis- luting, coal gasification plant in an have this company operating in the

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.094 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15157 U.S. after it was the source of sensitive effort in the 1990’s targeting a small town in a million-gallon aquarium in lush, technology reaching foreign powers Louisiana. Closed Congressional hearings on tropical Iowa. ’’ does raise serious concerns.’’ Iraqi attempts to acquire nuclear weapons Of course, the New York Times edi- I want to add, I do not know if that were held not long before, and delved into torial, titled ‘‘A Shortage of Energy,’’ URENCO’s record. Subsequently, powerful is true or not. I do not know if the describes how the bill is a very serious Michigan Democrat JOHN DINGELL raised Time magazine story is true or not. We concerns that the LES plant in Louisiana one. Today China’s message on en- do not know because we never had any might violate provisions governing the ergy—where it goes into a report from scrutiny of the amendment. But I movement of classified technology from for- China—is that the Chinese are worried think it is a serious issue. I do not eign countries under the Federal Atomic En- about their increasing reliance on for- know. ergy Act. That issue was never resolved, but eign oil. The difference is, the Chinese In addition to possible security con- LES gave up attempts to build the Louisiana are ready to do something about it, cerns suggested by the time article, facility amid controversy over its impact on where Congress is not. Indeed, loop- nearby African-American residents. holes in the Energy bill could make this extraordinary rider raises critical With its latest effort in Tennessee, LES environmental concerns. seems especially anxious to avoid a reprise American cars less efficient than they Even though I understand that both of those controversies. In an unusual move, are. While the Chinese say their main Tennessee and Louisiana have rejected LES has asked for a greenlight from the Nu- concern is oil dependency, not global this facility, the Energy bill rider clear Regulatory Commission without the warming, more efficient cars should shortcuts the NEPA process and mean- usual public comment on various environ- help on that, too. And where are our ingful judicial review of the Environ- mental, safety and security issues. But American leaders? Feathering nests mental Impact Statement, for the con- groups like the Sierra Club and the National rather than imposing discipline on the struction of this facility in New Mex- Resources Defense Council contend that this Nation’s fuel use. will simply, ‘‘reduce the . . . licensing proce- ico. To add insult to injury, the provi- I will not go through all of the edi- dure to a flimsy rubber stamp.’’ LES plans to torials that I have seen, but it is over- sion further requires the Government file its 3,000 page license application with the to acquire the waste and dispose of it Federal government by January 30, to be fol- whelming. Everybody who has looked for a price that is possibly significantly lowed by a review process that could take at at this bill realizes that it is a terrible less than the cost. least a year. mistake. It seems to me that this is I ask unanimous consent the Time Also controversial are unanswered ques- the result of a broken process, a proc- magazine article be printed in the tions about the disposal of the Tennessee ess that is conducted behind closed plant’s radioactive waste. Officials in Ten- RECORD. doors. nessee have reached a tentative agreement There being no objection, the mate- I still do not have the bill in front of with LES to cap the amount of waste and, me. None of us do. I guess it is printed rial was ordered to be printed in the last week, the company announced that the in the RECORD. I understand, because it RECORD, as follows: material would not stay in Tennessee perma- [From Time Magazine, Jan. 21, 2003] nently. But it offered no details as to where is 1,200 pages long, the RECORD might be long. NUKES: TO PYONGYANG FROM NASHVILLE? the waste might be transferred, a process There was very little, if any, con- BACKERS OF A PROPOSED URANIUM ENRICHMENT that can be subject to complex federal li- sultation with other Members of the PLANT HAVE A BAD HISTORY WITH KEEPING censing procedures. So far few Tennessee politicians have SECRETS Senate. My understanding is the Demo- taken a position on the new enrichment (By Adam Zagorin) cratic side was cut out of it com- plant. That includes Sen. BILL FRIST, the pletely. And we are given a few short Is President Bush’s ‘‘axis of evil’’ campaign new Senate Majority Leader, who has re- about to be undermined in his own back- hours to examine a 1,200-page ‘‘Energy mained neutral on the proposed plant in his bill.’’ yard? A proposed uranium enrichment facil- home state. But he plans to follow the de- ity planned in Hartsville, Tenn. (pop. 2,395) bate ‘‘very closely,’’ says an aide. I want to return to my initial com- raises just that question. One of the plant’s ments. It is serious when we are look- Mr. MCCAIN. There are also four pro- principle backers is URENCO, a European ing at a $1⁄2 trillion debt next year, consortium linked to leaks of enrichment posals known as green bonds that will when we have growth in the size of technology to, yes, Iran, Iraq, and North cost taxpayers $227 million to finance Government of 12 percent. What has Korea—as well as to Pakistan. approximately $2 billion in private happened to the Republican Party? Sources tell TIME that senior Bush ap- bonds. One of my favorite green bond What has happened to the balanced pointees, upset by the ongoing crisis with proposals is a $150 million riverfront North Korea, have held detailed discussions budget amendment to the Constitu- area in Shreveport, LA. This riverwalk tion? What has happened to the in recent days on the need to stop leaks of has about 50 stores, a movie theater, nuclear technology to rogue states. ‘‘To have lockbox where we were going to take this company operate in the U.S. after it was and a bowling alley. One of the new your Social Security money and put it the source of sensitive technology reaching tenants in this Louisiana riverwalk is into an account with your name on it? foreign powers does raise serious concerns,’’ a Hooters restaurant. Yes, my friends, Instead, we have a $20 billion and some a high-level U.S. nuclear security adminis- an Energy bill subsidizing Hooters and energy bill loaded with wasteful trator told TIME, the first public comment polluters, probably giving new meaning porkbarrel projects most of us had not by a Federal official on the proposed plant’s to the phrase ‘‘budget busters.’’ Al- ownership. ‘‘The national security commu- either seen or heard of until the last though I am sure there is a great deal few hours. nity or the new Homeland Security Depart- of energy expended at Hooters, I have ment will need to look at this.’’ I hope we can muster 40 votes—I hope Concerns about URENCO first emerged never been present. Perhaps something so—because I think we have to restore more than 10 years ago when thousands of has been missing in my life. some kind of fiscal sanity, some kind centrifuge parts, based on URENCO designs, This bill was developed in a secret, of environmental sanity to this Nation. were discovered by U.N. inspectors in Iraq exclusive, partisan process, but it is no This legislative process needs to be after the Gulf War. A one-time URENCO sci- secret anymore. In the last few days, fixed. entist, known as the ‘‘father’’ of Pakistan’s editorials have appeared in papers I yield the remainder of my time. nuclear bomb, is said to have taken URENCO throughout the country. Here are a few centrifuge blueprints and information on the The PRESIDING OFFICER. The Sen- choice words from various papers. ator from Nevada. company’s suppliers to his homeland, later One thing that is worthy of note, Mr. passing similar sensitive material to North Mr. REID. Mr. President, I see the Korea and Iran. President, is that for the first time in manager of the bill. Senator DORGAN is The company that wants to build the new my memory, the New York Times and going to speak. It is my understanding Tennessee enrichment plant is called Lou- the Wall Street Journal both edito- that Senator COLLINS wishes to speak isiana Energy Services. A consortium of U.S. rialize strongly against this bill. It is following Senator DORGAN. Does Sen- and foreign companies in which URENCO has on the rarest of occasions that the Wall ator DOMENICI wish to speak in be- a major financial role, LES insists that the Street Journal and the New York tween? link between URENCO and nuclear prolifera- Times—the Wall Street Journal: ‘‘The Mr. DOMENICI. No, I think I will tion is ‘‘long ago and far-fetched at this point.’’ URENCO itself has denied author- Grassley Rain Forest Act,’’ which re- wait. izing leaks of technology to rogue states. fers to: ‘‘Special applause goes to Sen- Mr. REID. Does the Senator from The only previous attempt by LES to build ator Chuck Grassley for grabbing mil- Maine have an idea how long she is an enrichment plant involved a multi-year lions to build an indoor rain forest and going to speak?

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.096 S19PT1 S15158 CONGRESSIONAL RECORD — SENATE November 19, 2003 Ms. COLLINS. I say to the Senator Our economy is dependent on energy. because I feel strongly that this protec- from Nevada, about 12 minutes. If we don’t put in place an energy pol- tion should not be in this bill. I strong- Mr. REID. Mr. President, I ask unan- icy that addresses our concerns about ly supported the amendment to put the imous consent that she be given 15 energy and the need for this economy Renewable Portfolio Standard in this minutes. to be satisfied with the energy that is bill. It ought to be in the bill. On our side, the next speaker would required, we won’t have an economy The failure to include the 10-percent be Senator AKAKA. As we have done that produces revenue and jobs. If, God requirement for electric utilities to during this day, we have gone back and forbid, tomorrow night a terrorist in- produce electricity, 10 percent of their forth on speakers, so after Senator terrupted the supply of foreign oil, our electricity from renewable sources, COLLINS, Senator AKAKA would be rec- economy would be flat on its back. that requirement needs to be in energy ognized. Fifty-five percent of that which we use, legislation. It is not here. That is a se- Would you like to be recognized after in terms of oil resources, comes from rious deficiency. There are others. Senator COLLINS? outside our borders. Much of it from Let me also say that this bill has Mr. DOMENICI. That is what I troubled regions of the world. some elements that are important. In thought I said. I have said for a long while that we the area of production, providing in- Mr. REID. And do you have any idea need to do four things in an Energy centives for production in certain areas how long you wish to speak? bill. We need to incentivize additional is very important. Let me take coal as Mr. DOMENICI. Ten minutes. production. The fact is, I want to see an example. Coal can cause some very Mr. REID. So Senator DOMENICI for 15 us move towards a different energy serious consequences for our environ- minutes and then Senator AKAKA. How construct and a different energy fu- ment. But we are going to continue to long would he like? ture. use coal. So we need an aggressive pro- Mr. DOMENICI. Could we substitute But we are going to use fossil fuels in vision in the legislation dealing with Senator INHOFE for me and my 10 min- our future. We are going to use coal, clean coal technology so that we can utes and I will come later? oil, and natural gas. So the question is, use coal in a manner that is not de- Mr. INHOFE. Let’s say 15. It probably how do we incentivize additional pro- grading to our environment. There is a will be 10. duction of those fossil fuels while at very serious attempt in this bill to ad- Mr. REID. Just so we don’t get the the same time protecting our country’s dress clean coal technology. time out of balance, Senator AKAKA environment, and then, importantly, This piece of legislation deals per- wants 30 minutes. So Senator DOMENICI how do we conserve? A barrel of oil haps more aggressively than we have would follow Senator INHOFE. Because saved is equal to a barrel of oil pro- ever contemplated with respect to re- we are taking a little extra time here, duced. Conservation is a very impor- newable and limitless sources of en- we would have two Republican speak- tant part of an Energy bill. So you ergy. ers, INHOFE for 15 minutes and DOMEN- have production and conservation. Wind energy. This extends the pro- ICI for 15 minutes following Senator Third, you have efficiency. The effi- duction tax credit for 3 years. We will AKAKA. ciency of all the appliances and the see the unleashing, I believe, of sub- Mr. INHOFE. Let me make a request things we use in our daily lives is a stantial new projects to build wind of the assistant minority leader. Since very important area of conservation. farms in which you take energy from Senator AKAKA is going to take 30 min- And fourth, and very important, the the wind and you extend America’s en- utes, would it be possible, after the issue of renewable and limitless ergy supply. That will happen as a re- conclusion of the remarks by Senator sources and supplies of energy. Those sult of this bill. DORGAN and Senator COLLINS, to have four things need to be in energy legis- Biodiesel, biofuels, a range of areas me go so we would have two at this lation. dealing with renewable sources of en- point and then go to Senator AKAKA for I will describe what is wrong with ergy, are incentivized in a significant 30 minutes? this bill, and there is plenty. This bill way in this piece of legislation. Mr. REID. That would be fine. He was, in my judgment, constructed be- My colleague spoke about ethanol. would be followed by Senator DOMEN- hind closed doors in a manner that was One of the strongest provisions in the ICI, and then we would have Senator arrogant. It is not going to happen bill, in my judgment, is doubling the JACK REED go after that for 20 minutes. again. Never again are we going to requirement for ethanol in this coun- Senator AKAKA for 30 and Senator allow conferees to be appointed here in try. We are banning MTBE, and for REED for 20. I so ask the Chair to ap- the Senate and then have a conference good reason. We are going to replace it prove our unanimous consent request. in which Democrats are told they can’t with ethanol and double, to 5 billion The PRESIDING OFFICER. Without participate. That is what happened in gallons, the production of ethanol. objection, it is so ordered. this conference. That is not going to Don’t tell me that isn’t good for this The Senator from North Dakota. happen again. The next time someone country. It is good to extend our en- Mr. DORGAN. Mr. President, I have asks consent to appoint conferees, we ergy supply by growing energy in the had the opportunity to listen to some are going to ask the prospective chair- fields, and it is renewable. You can do of the presentations today. I especially man of that conference, Is this going to it year after year. It produces new mar- listened to my colleague from Arizona be a conference in which you close the kets for family farmers, extends our and found it interesting. This is a seri- doors and do it in secret with no Demo- energy supply, and is good for this ous discussion for the Congress. I find crats included? Because, if so, you country’s environment. much with which to agree with vir- don’t get consent. We are sorry. We are Those who call ethanol a boondoggle, tually all of my colleagues. not going to proceed. This will not hap- in my judgment, don’t understand it. It My friend from Arizona just de- pen again because it is arrogant. It is far preferable to extend our energy scribed the serious fiscal policy prob- should not have happened this time. supply by growing energy in our fields, lem. He says we are spending more The process was wrong. producing the agricultural commodity money. He mentioned the Congress. It Let me talk about what that process from which you extract the alcohol to is true that spending is up substan- has wrought. Some good things and make ethanol, have the protein feed- tially. The President has recommended some not so good. My colleagues have stock for animals, extend our energy very large spending increases for the raised a series of concerns and objec- supply, clean our air, and relieve our military budget, very large spending tions about this bill. I agree with many dependence on foreign oil. That is a increases for homeland security, very of them. huge step forward for this country. It is substantial cuts in revenue. We have a I offered an amendment in the con- not a boondoggle, it is good public pol- fiscal policy that does not add up. ference committee to deal with MTBE icy. There is no question about that. It and strip the provision out of this bill Now let me talk about conservation starts with the President’s fiscal policy that provides protection for those oil just a bit. One of the things I have been and begins and ends as well with the companies that produce MTBE, the very concerned about is something Congress. But we have to have a fiscal fuel additive. That amendment was de- called efficiency. This deals with all policy that adds up. feated. But I offered that amendment the things we use every day—stoves,

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.098 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15159 refrigerators, toasters, air-condi- When we began producing auto- My colleague from New Mexico is in tioners—these appliances all use elec- mobiles in this country a century ago, the Chamber. He will not like the fact tricity. What are the efficiency stand- we put gasoline through the carbu- that when I started I said this process ards by which we should aspire to con- retor. Do you know what we do with a was an arrogant one. I told him during serve electricity and energy? 2003 car? We put gasoline through the the process, at a time when I was a This bill includes nearly the iden- carburetor. conferee and was locked out of the tical efficiency standards that we The power from that gasoline is meetings, on the floor—and I don’t care wrote as Democrats when we con- much less efficient than going to a dif- whether he likes my saying this or trolled the Senate. That title, in this ferent kind of energy future, using hy- not—‘‘You would not accept that in a bill, is a good one. I support that title. drogen and fuel cells, which would dou- million years. You would be shouting It promotes conservation in a strong ble the efficiency of getting power to from the rooftops.’’ and positive way. the wheel. Hydrogen is everywhere. We Again, because my colleague wasn’t I believe my colleagues who talk can produce it, we can transport it, we in the Chamber, this process was awful. about deficiencies in this bill with re- can store it, and we can move toward a This process will not happen again be- spect to the areas dealing with con- different future that will relieve us of cause we will not allow conferees to be sumer protections are right. I am very our dependence on foreign oil. appointed—we simply won’t allow concerned about that. But with respect I believe strongly that the $2.15 bil- that—until the prospective chair- to electricity reliability, the standards lion in this bill for the hydrogen initia- persons from the House and Senate in this bill are good ones. They address tive should have been doubled. I fought agree to have real conferences, where the issues, not all, but most of the like the dickens on the floor of the both parties are allowed to have sub- issues that are related to the recent Senate and elsewhere for an increase in stantive discussions on the pending blackouts, which caused electricity this funding. It did not happen. The legislation. outages for 50 million people in this fact is, a $2 billion start is not insig- Having said all that, and being upset country. nificant. about the way this conference process As I mentioned before, there are sev- The President proposed in his State eral things in this bill I don’t like. As worked, my main interest today is of the Union Address something I had what is in this legislation for the coun- I reviewed this measure last weekend, I already introduced in the Congress as asked myself whether or not we would try. Does it advance this country’s in- legislation, which is that we move to- terests or does it retard them? Is this a advance this country’s interest if we ward hydrogen and fuel cells, as a new passed this legislation? I concluded huge giveaway that does nothing to ad- energy future. The reason it is impor- dress the country’s energy interests? Is that, yes, we would. But, we leave a lot tant and the reason I support it is be- it just laden with pork? Is it worthless? behind. There will be a lot left to do cause the fastest rising part of our en- and to correct if we pass this legisla- Should we start over? ergy consumption is transportation. As I look at this bill in the four areas tion, but, nevertheless, I concluded Why? Because we have decided our that deciding not to embrace the ad- I talked about a year ago—produc- automobile fleet has, is, and perhaps tion—production that is sensitive to vancements in renewable and limitless always will be a fleet that has a carbu- supplies of energy would be a mistake. the environment; conservation—con- retor through which you run gasoline. servation that is real; efficiency—effi- Deciding not to embrace those reli- That doesn’t make any sense to me. ciency that really does address those ability portions in the bill would be a We need to make a decision at this products that we use every day in our mistake because we need them. Decid- point. Let’s pole-vault over some of ing not to have the clean coal tech- these issues and create a new type of lives and the standards by which we nology that will allow us to continue energy future. Some environmental or- improve them and make them more ef- to use coal without degrading our envi- ganizations said that when the Presi- ficient; and finally, limitless and re- ronment—it would be a mistake not to dent proposed this initiative in his newable sources of energy—in every embrace that. State of the Union he was just making one of those four categories, I think To decide not to embrace the effi- an excuse not to deal with CAFE stand- this legislation has provisions that ciency standards in this bill for vir- ards, and so forth. commend it for the future of this coun- tually all of the appliances we use I don’t know what the motives are at try. would be a mistake. the White House. I disagree with the I can think of probably a dozen areas MTBE should not have been included President on a lot of things. But I do that I want to strip out of this bill, and and I tried hard to take it out. There know this: If we just keep thinking I can think of a dozen provisions I want are other provisions in this legislation that 25 years from now, and 50 years to put in this bill. I can’t do that be- that I don’t like and they ought to be from now, our kids, their kids, and cause this is a conference report, and taken out as well. There are provisions their grandkids ought to be running also because I had limited opportunity that should be in the bill that are not gasoline through carburetors, we lose. to do it the other evening when we had there. The protections for consumers That is a philosophy of yesterday for- a bifurcated, abbreviated conference. should have been stronger. If we are ever. I don’t believe it satisfies the in- Having said all that, I don’t think in going to repeal PUHCA, then we need terests and the needs of this country. this Chamber you ever give up. The Re- strong provisions protecting con- You cannot be a world economic newable Portfolio Standard, that is sumers. This falls short, in my judg- power without addressing the issue of coming. It was kept out of this legisla- ment. energy. We use an enormous amount of tion in conference because some people However, I believe, on balance, this energy. We need strong conservation had the clout to do that, but it is going legislation will advance our country’s standards, and, frankly, I looked at to happen. As sure as I stand at this interests in energy production, and we this bill skeptically last Saturday desk in the Senate, I will demand and need to produce more. Additionally, I morning because I worried that the ef- enough of my colleagues will demand, believe this legislation charts a new ficiency standards would not be there. a renewable portfolio standard by course that looks at a different kind of But they were—almost the same stand- which we say to the electric utilities in energy future, a future I strongly sup- ards we produced as a Democratic com- this country that 10 percent of what port. That future is hydrogen and hy- mittee when we controlled the Senate. you produce must come from renewable drogen fuel cells. I have been working We need conservation and incentives energy. As sure as I am standing here, on this initiative for a number of for new production of fossil fuels in a it is going to happen because we will years, believing we cannot continue to way that protects our environment. We make it happen. Not in this bill be- run gasoline through carburetors. We need strong incentives for the use of re- cause it is a conference report and we cannot continue, as we have for a cen- newables. But as important as those cannot amend it. tury, to just stick liquid gasoline measures are, we also need to think The question is not what is left out through the carburetors and decide differently about the future. That is or what is in. The question is, Does this that is what our future is going to be. why the hydrogen title in this piece of product in the aggregate promote this That is our past and we should realize legislation is a step in the right direc- Nation’s energy interest as we move if we keep doing that, we lose. tion. forward? Does it advance us or retard

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.100 S19PT1 S15160 CONGRESSIONAL RECORD — SENATE November 19, 2003 us in terms of our desire to do some- some of which the Senator from North what happens to the fast start and the thing about energy? Although it is a Dakota has suggested. For that I thank moving along of these technologies. I tough choice, I conclude the right him, and I hope we will do better if we am not sure. choice is to adopt this conference re- have a chance again. I have been told by the biggest manu- port. I also think that his genuine interest facturers and those who sell this en- I regret that I disagree with some of in hydrogen as a fuel is not going to go ergy that it will stop. Windmills will my colleagues. I am usually on the unnoticed. He is right out there ahead stop turning within 3 or 4 months be- floor fighting for the same interests for of everybody, and he is right. cause the tax credit will disappear. I which they fight for. I don’t come to Some people stand up and tell us: don’t want that to happen, especially the floor to challenge their assertion Why don’t you change the CAFE stand- since we are making some very big that the MTBE provisions shouldn’t be ards and reduce dramatically the fuel headway. in here. I happen to agree with them. I use of each car that Americans drive? I I thank the Senator. I yield the floor. don’t challenge their assertion that don’t know how the Senator from Mr. DORGAN. Mr. President, how there should be better consumer pro- North Dakota feels about it, but I have much time do I have remaining? tections. I agree with them. But I also been at it long enough to know that The PRESIDING OFFICER (Mr. hope they understand that when you the Senate will not do it and the House GREGG). The Senator has 6 minutes. take a look at a bill which has some- will not do it. The question is to find Mr. DORGAN. Mr. President, let me thing that is historic in renewable another way to do it. say with respect to wind energy, if the fuels and limitless fuels, limitless I think Senator DORGAN’s notion of production tax credit isn’t extended, sources of energy—yes, ethanol espe- having to use another fuel is the appro- the windmills will not stop turning. We cially, but wind energy, solar, and so priate one to be putting our resources, have very efficient turbines, but the many other areas of renewable en- our energy, and our enthusiasm behind projects that are already planned and ergy—and when you have legislation with our major researchers and our ready to go simply will not happen. We that has real and significant standards major companies. If what we got in won’t have the initial capacity for of efficiency that represent significant here is not sufficient, I will join Sen- wind energy because without the pro- conservation, and when you have legis- ator DORGAN as soon as we can and try duction tax credit, it will not exist. lation that incentivizes the current to put in more. Let me make this point. If energy production of fossil fuels in a way that I would like to see what they do with policy is analogous to a novel, then allows us to continue to use them in a some of the agreements that are advo- this is a chapter, and we might well de- manner that is safe for our environ- cated for the use of this money and cide this chapter ought to be rejected. ment, such as the aggressive use of how we use our technology to heat up I come to the conclusion that it is a clean coal technology, in my judg- that hydrogen so it is usable. I am sure chapter that is probably worthwhile ment—speaking only for myself—that Senator DORGAN would like to see that and is a starting point. I want to at meets the standard of deciding whether happen soon, too. some point in the future amend it, or not this legislation advances our I thank the Senator from North Da- change it, and improve it, but the country’s interests. kota for his words. Whether they be choice for us is: Do we do nothing and Let us pass what is good and fix what words that agree with me or words that pray that we don’t have further black- is wrong. We have time to do that as disagree, I think his conclusion is the outs or further price spikes, or, God we move ahead in the coming years. one that a vast majority of Senators forbid, a terrorist interrupting the sup- For all of those reasons, I choose to should make, that we should not throw ply of energy? advance this legislation. this package away. We should do it. I Or do we enact the proposed legisla- Mr. President, I yield the floor. know one of his interests is ethanol, tion and consider it the first brick of a Mr. DOMENICI. Will the Senator and I don’t say this just because it hap- foundation by which we start to con- yield before he yields the floor? pens to be a big interest of his, but struct an energy policy that provides Mr. DORGAN. I will be happy to there is no question that part of the the best of what both political parties yield. bill that was hardest to get, and it has to offer? I come down on the side of Mr. DOMENICI. Mr. President, I have took the longest and it made most of believing this ought to be advanced. on my right a diagram. I wish it were us frustrated was how do we get that There are a series of things I have ex- bigger, but I think the Senator from maximum ethanol issue quantity that plained that I believe are important in North Dakota can see it. he described today. It was nigh unto this legislation, so I will make one The Senator spoke about midway impossible to get the numbers out of final point. Earlier, my colleague from through his speech about our growing the House and out of their writing Arizona talked about the cost of this dependence, and one of the depend- committees, but we did. We do not get bill. We have a $10 trillion to $11 tril- encies he spoke of was natural gas. It is any of these provisions, I regret to say, lion economy. This economy will only almost incredible—we should show the unilaterally, unscathed, with no com- grow if it has a supply of energy. If to- American people this diagram for them mitments of any kind extracted. I am morrow, for some reason, our supply of to see what has been happening to just hopeful that the good outweighs foreign oil were shut off, this American their country—the red or pink is the the bad in terms of the compromises economy would be lying flat on its annual use of natural gas in our gener- we made to get us there. back. Talk about consequences for jobs ating capacity for electricity. If we In my State and Senator DORGAN’s and devastating consequences to oppor- look back to 1990, the pink is hardly a State and adjoining States, there are tunities in this country. We have to little sliver, and go out to 2003 and we thousands of people who see this bill a think through all of this and plan see that almost the entire generating little differently than some of those ahead. capacity of the country is natural gas. who don’t care about ethanol. I heard a This legislation is not as comprehen- As the Senator from North Dakota Senator say that wouldn’t be part of a sive, as wise, or as bold as I hoped it has so eloquently stated this after- bill because he didn’t think we even would be, but it is a start. I go back to noon, it is clear we can’t continue should do it, but I don’t think that is the issue of hydrogen. My colleague down that path. We have to do some- the Senator’s people. I don’t think it is talked about natural gas. We are going thing about it. the thousands of people represented by to face natural gas price spikes again First, I will take whatever criticism these letters of support. this winter. We have serious supply he has lodged today with reference to Second, the Senator from North Da- problems. We have significant prob- how the bill evolved. I guess it is pret- kota is absolutely right on renewable lems in a range of energy sectors, in ty fair to say that very few people get resources. We are beginning to make a the short and intermediary term with the luxury, privilege—or whatever it big show as Americans—solar, wind is respect to supply and demand. I think is—of having to write one from begin- beginning to kick up its heels. We have we should offer no apology for sup- ning to end and get it to the floor. I a very powerful tax incentive in this porting increased efforts to produce ad- was given that privilege this year. It bill. If this bill doesn’t pass, it doesn’t ditional fossil fuels. We have to do could have been done a different way, exist. If it doesn’t exist, I don’t know that.

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.102 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15161 This legislation has something very ate. In fact, it passed by a vote of 99 to to share our views on the electricity important in it dealing with clean coal 1. Inexplicably, the conferees voted to issues that were being debated in the technology, which I strongly support. drop that provision from the final bill. conference. We quoted our regulators So I again regret that I come to a dif- This legislation also contains numer- on the impact of delaying these FERC ferent conclusion than some of my col- ous wasteful and very expensive sub- rules. Specifically, we stated: leagues. I hope my conclusion is right. sidies, including a 5-billion-gallon eth- Our States feel strongly that any delay of At this point, as I look at this coun- anol mandate that will subsidize corn SMD [the standard market design] hurts ef- try’s needs and as I balance legislation production in the Midwest at the ex- forts to provide reasonably priced and reli- that has some good features to it, some pense of higher gas prices in New Eng- able electricity to consumers and businesses. good titles in it, with some things that land. Ethanol is more expensive than In fact, Ohio Governor Bob Taft, in tes- should never have been put in it, as I gasoline. It is difficult to transport, it timony before the House Energy and balance all of that, I ask the question: is of dubious value to the environment, Commerce Committee, stated that he Does this advance the country’s energy and it does little to reduce our reliance believes that any delay would ‘‘impose interest? Do I believe on balance that on foreign fuels. In fact, studies show an intolerable risk on the nation.’’ it makes sense to proceed? The answer that it takes about 4 gallons of oil to He went on to say: for me is yes, and that is why I intend produce 5 gallons of ethanol. If the goal We urge you to reject proposals to further to vote to support this conference re- were to reduce reliance on foreign delay FERC’s ability to address issues which port. fuels, we would be much better off in- have a direct effect on the cost and reli- I yield the floor. creasing automobile fuel economy ability of electricity, for millions of our con- The PRESIDING OFFICER. The Sen- standards or mandating other achiev- stituents. ator from Maine is recognized for 15 able efficiency improvements. Mr. President, I ask unanimous con- minutes. The liability waiver for MTBE manu- sent the letters we sent to the con- Ms. COLLINS. Mr. President, I rise facturers also does not belong in this ferees be printed in the RECORD at the to express my strong opposition to the bill. The gasoline additive MTBE is a conclusion of my remarks. conference agreement on the Energy suspected carcinogen and has contami- The PRESIDING OFFICER. Without bill we are debating today. nated a number of ground water sup- objection, it is so ordered. Our Nation needs a balanced energy plies in my home State of Maine, and I (See exhibit 1.) policy that will increase supply, de- know it is also a problem in the home Ms. COLLINS. Mr. President, in view crease demand, reduce our reliance on State of the Presiding Officer. of our urging the conferees to not foreign oil, and protect our environ- In 1998, for example, a ground water interfere with FERC going ahead with ment. Unfortunately, the Energy legis- system serving 5,000 people and oper- these commonsense and necessary reg- lation before us fails to strike this nec- ated by the Portland Water District ulations, you can imagine my dis- essary balance. In fact, it would be was contaminated by MTBE. This inci- appointment to discover that this bill, poor energy policy, poor environmental dent cost the Portland water district in fact, delays these regulations by policy, and poor fiscal policy. It favors $1.5 million. The liability provisions in FERC for 3 years. special interests, it contains billions of this legislation will leave MTBE manu- I am also very troubled by the sub- dollars in wasteful subsidies, and it facturers with little incentive to help sidies for pollution control equipment fails to promote energy conservation. clean up contaminated water supplies. for some of our Nation’s dirtiest power- It would be bad for Maine’s electricity The likely result will be that munic- plants. Why should taxpayers pay for consumers, it would be bad for Maine’s ipal ratepayers will have to shoulder a pollution control technologies for 40- manufacturers, and it would be bad for year-old coal-fired powerplants that Maine’s environment. majority of the cleanup costs. The electricity title of this bill is were grandfathered under the Clean Air I am very disappointed that the re- Act? Recently, when three advanced newable energy provision that I coau- particularly troubling to me because it is biased against the Northeast. Three natural gas plants were built in Maine, thored with Senator BINGAMAN was not these plants installed state-of-the-art, included in the final version of this leg- months ago, the largest blackout in advanced pollution control tech- islation. This provision would have re- our Nation’s history illustrated the nologies without any subsidies, with- quired that 10 percent of our electricity fundamental flaws in a haphazard and out being subsidized by the American come from clean, renewable energy poorly regulated electricity market. taxpayers. The cost of this technology sources by the year 2020. A majority of Just today, the General Accounting was borne by electricity consumers in the Senate conferees voted in favor of Office, at my request, released a new the State of Maine and other States in this proposal, but unfortunately the report on electricity restructuring that House voted to remove it, thus passing analyzed the blackout and identified the Northeast. The cost of electricity up an important opportunity to in- what steps should be taken to ensure from the oldest coal-fired powerplants crease fuel diversity, decrease natural greater reliability of the electric grid. has long been subsidized through ex- gas prices, and reduce greenhouse Unfortunately, the recommendations emptions from the pollution controls gases. that are in the GAO report fly in the mandated by the Clean Air Act. To fur- This legislation would do very little face of what has been done in the legis- ther this subsidy by authorizing bil- to reduce our dangerous and increasing lation we are debating today. lions—billions—of taxpayer subsidies reliance on foreign fuels. The United Electricity regulators in the areas for the dirtiest plants makes no sense States is nearly 60 percent reliant on most affected by the blackout in the at all, and it will have the effect of foreign oil, and this number is pro- Northeast and the Midwest have stated continuing to ensure a disparity in the jected to increase in the coming years, that the Federal Energy Regulatory price of electricity between regions in reaching as high as 70 or even 75 per- Commission, known as FERC, needs to which pollution and other costs are cent in the next decade to 15 years. move ahead with standardized elec- subsidized and regions such as ours, in Senators LANDRIEU and SPECTER and tricity markets in order to improve the New England, which are not the bene- I joined to offer an amendment to the reliability of our markets. Since elec- ficiary of these subsidies. That is not Senate Energy version that directed tricity flows across power lines with- fair. It is not fair to our taxpayers, and the President to devise a plan to save 1 out regard to State boundaries, we it is not fair to our electricity con- million barrels of oil per day by the need clear and consistent electricity sumers. year 2013. We did not dictate how that rules that apply to the entire Nation. I am further disappointed by the in- should be done. It could be done by in- Unfortunately, this legislation would clusion of language in the electricity creasing fuel efficiency standards for actually prohibit FERC from moving title which will undercut the nation- our trucks and cars. It could be done ahead with standardized markets for wide development of clean power gen- by moving toward more energy-effi- another 3 years. I am astounded by eration. This language, which is known cient appliances. There are many ways that. as the participant funding language, ef- that goal could be accomplished. Earlier this year, many of us rep- fectively negates the benefits of the Not surprisingly, our amendment en- resenting States in both the Northeast combined heat and power provisions joyed widespread support in the Sen- and the Midwest wrote to the conferees that Senator CARPER and I worked so

VerDate jul 14 2003 03:11 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.104 S19PT1 S15162 CONGRESSIONAL RECORD — SENATE November 19, 2003 hard to include in this bill. The partici- toward competitive wholesale electricity tion be allocated in such a way that all users pant funding language actually creates markets that will benefit consumers and of the affected transmission system bear the a disincentive for clean energy genera- businesses. National competitive markets, appropriate share of costs.’’ The language re- tion by allowing monopoly utilities to where multiple buyers and sellers can nego- quires FERC to fairly align the costs and tiate bargains and pass cost savings along to benefits of transmission upgrades, a judg- shift the costs of transmission up- consumers, are the best approach to the ment that can include a consideration of rel- grades onto clean power generation, challenges facing the electricity industry. evant local factors. This is not only the most such as combined heat and power—the We would like to bring to your attention a equitable approach but also the one most cogeneration plants. number of issues addressed in the electricity likely to ensure that transmission develop- This provision is particularly harm- title of the Senate Energy Bill (S. 14) that ment will keep pace with growing electricity ful to our manufacturers, many of have implications for residents and busi- demand. whom use combined heat and power to nesses in the Northeast-Midwest region. Combined Heat and Power—S. 14 currently Delay of Standard Market Design—S. 14 contains the ‘‘Carper-Collins’’ language generate products and jobs. and the proposed substitute amendment which keeps in place incentives to operate The last thing we need in this coun- delays the implementation of the Federal combined heat and power facilities until true try is another disincentive for our Energy Regulatory Commission’s (FERC) competition exists in electricity markets. manufacturers. In the Northeast in standard market design until July 2005. Elec- This language retains, for a limited time, the particular, manufacturers are already tricity markets have outgrown state bound- provisions of the Public Utility Regulatory struggling to cope with high electric aries. We are writing to express our concern Policy Act (PURPA) which require utilities rates. The last thing we should be with the proposed delay of standard market to provide back-up power and buy electricity doing is shifting more of the costs on design and the provision to make participa- from qualifying combined heat and power fa- tion in regional transmission organizations cilities. As soon as competitive electricity to them. voluntary. The delay has serious implica- markets are established, these requirements The legislation would also increase tions for residents and businesses in the are repealed. Since combined heat and power greenhouse gas emissions, waste nat- Northeast-Midwest region and throughout saves energy, reduces greenhouse gas emis- ural gas and other already scarce fuels, the nation. sions, increases energy independence, and is and harm air quality. A standard market design would stream- good for the competitiveness of American The bill’s failure to address climate line the wholesale electricity industry, en- manufacturing, we urge you to retain such change is yet another disappointment. courage transmission investments and move provisions. It seems a near certainty that green- the lower 48 states toward a more competi- We urge you to complete the work Con- tive electricity market. Congested power gress started with the Energy Policy Act of house gas emissions will increase by lines, which are the result of the current 1992 to provide reliable, low-cost electricity hundreds of millions of tons under this electricity system, cost customers and busi- to customers. Please stand strong against legislation. Yet the entire climate nesses throughout the United States billions pressure to reverse court on Congress’ efforts change title has been stripped from of dollars each year, whereas competitive to establish better working, competitive this bill. If we are going to spend bil- wholesale power markets could deliver bil- markets, and to continue working towards lions of dollars on oil and gas and coal lions of dollars in economic benefits. competitive electricity markets. projects that will increase greenhouse Schwab Capital Markets detailed the im- Sincerely, portance of standardized markets to increas- gas emissions, then at least we should Jack Reed, Olympia J. Snowe, Edward M. ing investment in our nation’s transmission Kennedy, Arlen Specter, Susan M. Col- determine whether such an increase in grid and electricity generation. lins, Debbie Stabenow, Frank Lauten- emissions could cause an abrupt and Testifying before the House Subcommittee berg, Carl Levin. potentially dangerous change in our on Energy and Air Quality, Christine Tezak climate. with Schwab states: ‘‘We believe that capital U.S. SENATE, Unfortunately, the abrupt climate will be less expensive for all market partici- Washington, DC, September 22, 2003. change provisions that I authored were pants if FERC continues (and is permitted to Hon. PETE DOMENICI, also omitted from the final version of continue) its efforts to provide reasonably Chairman, Senate Energy Committee, clear and consistent rules for this business the bill. Washington, DC. . . . Schwab WRG continues to view contin- Hon. JEFF BINGAMAN, In summary, this bill does not offer ued efforts to move forward with the restruc- Ranking Member, Senate Energy Committee, the balanced energy policy that Amer- turing of the electricity industry to be the Washington, DC. ica needs. It does not do enough to in- best investment environment for the widest DEAR CHAIRMAN DOMENICI AND RANKING crease energy efficiency or renewable variety of participants in the electricity MEMBER: As the Conference Committee on energy. It does not promote conserva- marketplace—whether they provide genera- the Energy Policy Act of 2003 continues its tion. It does not protect our environ- tion, transmission, distribution or a com- deliberations, we would like to bring to your ment. It does not give FERC adequate bination of these services—and most impor- attention an issue of great concern to us. tantly, the most likely to provide sustained We believe the Energy Bill must set forth authority to provide reliable elec- long-term benefits to consumers.’’ Further, a policy that will complete the work that tricity markets. And it will not reduce Ms. Tezak stated: ‘‘Congress needs to decide Congress started with the Energy Policy Act our reliance on foreign oil. whether or not it still believes in the 1992 of 1992. The vision of Congress and President I cannot in good conscience vote in Energy Policy Act. Today, Congress is be- George H.W. Bush in 1992 was to transition favor of ending the debate on this legis- coming an increasing part of the reason cap- our nation’s electricity industry to competi- lation, and I call on my colleagues to ital is hard to attract to this business. Con- tive wholesale power markets. The vision of take a close look at the provisions of gress is calling for FERC to slow down, Wall today’s Congress should be to complete the this bill. I believe as they delve into Street is frustrated FERC won’t move fast- transition to competitive markets by allow- er.’’ ing the Wholesale Power Market Platform this bill they will realize that it is fun- S. 14 makes participation of federal utili- (WMP) of the Federal Energy Regulatory damentally flawed and should be re- ties in Regional Transmission Organizations Commission (FERC) to move forward. jected. voluntary. Federal taxpayer dollars were Wholesale power markets remain the best In doing so, we would save the tax- used to develop and maintain Federal power approach to optimizing our country’s energy payers some $80 billion, and we would marketing agencies such as the Tennessee resources by increasing generation effi- signal our support for a more balanced Valley Authority and Bonneville Power. The ciencies, stimulating investment in new energy policy for this Nation. energy generated by these facilities should technologies and infrastructure, providing I yield the remainder of my time. benefit all Americans. TVA and Bonneville greater choice in energy sources, especially should be required to participate in RTOs so in renewable power, and passing cost savings EXHIBIT 1 communities throughout the United States onto consumers. Wholesale power markets U.S. SENATE, have access to the power generated at these have naturally grown into regional bodies, Washington, DC, July 25, 2003. Federal facilities. spanning multiple state boundaries. The re- Hon. PETE V. DOMENICI, The Energy Bill must put national interest cent blackouts that impacted many of our Chairman, Committee on Energy and Natural above the interest of a few vertically-inte- states clearly illustrate the regional nature Resources, U.S. Senate, Washington, DC. grated utilities that want to maintain re- of our electricity grid. Events that occur in Hon. JEFF BINGAMAN, gional monopolies. We encourage you to sup- one state have impacts in other states. Ranking Member, Committee on Energy and port standardizing electricity markets and Moreover, while we respect the need for Natural Resources, U.S. Senate, Wash- prevent further delay of these efforts. certain regional variations among power ington, DC. Participant Funding—S. 14 and the pro- market structures, we firmly believe that DEAR CHAIRMAN DOMENICI AND RANKING posed substitute amendment directs FERC any Energy Bill should not harm those re- MEMBER BINGAMAN: We are writing to urge to establish rules to ‘‘ensure that the costs gions of the country that want to move for- you to continue our nation’s efforts to move of any transmission expansion interconnec- ward with efforts to bring the benefits of

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.106 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15163 competitive power markets to consumers. having an effective regional ‘‘traffic cop’’ thing. There are a lot of things I would Accordingly, we urge the passing of an En- with a reliability mission to manage any fu- like to talk about because I chair the ergy bill that will appropriately reflect the ture incidents. They will also help improve Environment and Public Works Com- physical and business realities of the elec- the climate for investment in transmission tricity business by allowing the FERC to im- infrastructure to enhance the reliability of mittee. There are a number of issues plement its WMP. the grid in the first place. that are within my jurisdiction. I The FERC’s Standard Market Design pro- We urge you to complete the work Con- thank the manager of this bill, Senator posal and subsequent Wholesale Power Mar- gress started with the Energy Policy Act of DOMENICI, for his willingness to let me ket Platform are the logical and necessary 1992 to provide reliable, low-cost electricity have input even though I am not on the responses to the problems experienced by to consumers. Please stand strong to con- conference over some of these issues nascent regional wholesale power markets. tinue the efforts of Congress to establish that would have been in my com- WMP seeks to standardize market rules well-functioning, robustly competitive while adhering to regional variations and al- wholesale power markets while creating a mittee. lows FERC to oversee the process of Re- federal policy that would bring much needed My concern right now, and what I gional Transmission Organization (RTO) for- certainty to our nation’s energy sector. want to address, is the whole idea of mation and participation. The timely imple- Thank you for your consideration of these the ethanol and MTBE safe harbor pro- mentation of WMP is critical in achieving comments and we look forward to working visions. It has been treated as a red the efficient, seamless, and non-discrimina- with you to ensure the Electricity Title re- herring. I would like to go over what it tory wholesale power markets that will opti- spects the difference among regions while moving forward with efforts to bring the really is and what it is not. What we mize our nation’s energy resources. Delay have heard on the floor is good rhetoric will only serve to further injure much needed benefits of competitive power markets to all investment in generation, transmission and American consumers. from the trial lawyers, but it is not demand response facilities that are the foun- Sincerely, factual. dation of our nation’s economic well-being. Rick Santorum, Jack Reed, Olympia J. The premise of the ethanol and The health of our state economies depends Snowe, Edward M. Kennedy, Lincoln D. MTBE safe harbor is simple: If the Fed- upon the free flow of interstate commerce Chafee, Thomas R. Carper, John eral Government approves and man- governed at the federal level to ensure con- Cornyn, Jon S. Corzine, Arlen Specter, dates a product, such as it did with sistent, clear and fair laws over state lines. Frank Lautenberg, Barbara A. Mikul- Similarly, vibrant competitive power mar- ski, Mike DeWine, Joseph R. Biden, Jr., ethanol and MTBE, that product kets rely on the free flow of electrons Carl Levin, Susan M. Collins, Paul S. should not be considered ‘‘a defective through state and regional boundaries. To Sarbanes, Peter G. Fitzgerald, Debbie product by virtue of the fact that it is, the extent there is a standard set of rules, Stabenow, Evan Bayh, Richard G. or contains, such a renewable fuel or states with either competitive retail mar- Lugar. MTBE.’’ So let’s walk through this and kets or vertically-integrated utility service The PRESIDING OFFICER. The Sen- see what the safe harbor provision will benefit in terms of greater efficiencies, ator from Oklahoma. does. greater reliability and reasonably priced Mr. INHOFE. Mr. President, I have The ethanol and MTBE safe harbor electricity that our homes and businesses been listening to the debate. I have need. states: Furthermore, a delay in the implementa- come to some conclusions. First of all, Notwithstanding any other provision of tion of the SMD rulemaking will only serve one of the things the Senator from Federal or State law, no renewable fuel, as to add uncertainty to potential investments Maine said that I agree with is this bill defined by section 211(o)(1) of the Clean Air in our energy infrastructure and negate does little to reduce our reliance upon Act . . . used or intended to be used as a years of progress made in the rulemaking foreign countries for our ability to run motor vehicle fuel containing such renew- process by the FERC, state commissions and this great machine called America. I able fuel or MTBE, shall be deemed a defec- market participants alike. Consider the tes- would like to have had more provisions tive product by virtue of the fact that it is, timony of Christine Tezak of Schwab Capital in there. I would have liked to have or contains, such renewable fuel or MTBE. Markets before the House Subcommittee on had some more generous nuclear gen- That stands to reason. That is per- Energy and Air Quality: ‘‘Congress needs to fectly legal. Yet that is the provision decide whether or not it still believes in the eration provisions, maybe ANWR, and 1992 Energy Policy Act. Today, Congress is a few things that would more directly to which most of these people are ob- becoming an increasing part of the reason address this. I am hoping we will be jecting. How can it be reasonable if we capital is hard to attract to this business. able to do this in the future. mandate something by law and then Congress is calling FERC to slow down, Wall The Senator from North Dakota, turn around and say it is defective by Street is frustrated FERC won’t move fast- when he was talking about the bill, definition? It is just not reasonable. er.’’ said there were several things in here We know that Congress is mandating Specifically, we believe that an energy renewable fuels in this conference re- conference report should: that he didn’t like, and many things in Support FERC’s Efforts to Promote Com- here that he would have liked to have port. The energy bill states: petitive Wholesale Markets—Our states feel had in here. I feel the same way. That Not later than one year after the enact- strongly that any delay of SMD hurts efforts is almost by definition the sign of a ment of this subsection, the Administrator to provide reasonably priced and reliable good bill because neither one of us is [of the EPA] shall promulgate regulations electricity to consumers and businesses. In real happy with it. However, we both ensuring that motor vehicle fuel sold or dis- fact, Ohio Governor Bob Taft in testimony are going to support this bill. pensed in the United States . . . contains the before the House Energy and Commerce I think we could have gone further. I applicable volume of renewable fuel. . . . Committee stated that he believes that any have been concerned for many years That is in essence the language of the delay would ‘‘impose an intolerable risk on legislation that we are considering the nation’’. We urge you to reject proposals about our dependency, going all the to further delay FERC’s ability to address way back to the Reagan administra- today. issues which have a direct effect on the cost tion when Don Hodel, who was the En- MTBE was also similarly mandated. and reliability of electricity for millions of ergy Secretary at that time, and I used The Clean Air Act Amendments of 1990 our constituents. to go around the country to explain to signed into law by the first President Promote Regional Transmission Organiza- people in consumption States that our Bush clearly states: tion (RTOs)—Effective, well-functioning re- [t]he oxygen content of gasoline shall equal gional transmission organizations and inde- reliance upon foreign countries for our or exceed 2.0 percent by weight. . . . pendent system operators are necessary for ability to fight a war is not an energy the creation of well-designed, competitive issue but a national security issue. At that time, Congress knew the only regional markets. The Electricity Title Finally, this is the first approach. I two additives that could be used were should not disrupt existing regional markets have to say President Reagan didn’t MTBE and ethanol. And the Record nor stall their development in regions that really address this, the first President shows that. want to develop them. RTOs and ISOs are a Bush didn’t address it, President Clin- For example, on March 29, 1990, Sen- key to effectively managing the increasingly ton didn’t address it. This President is ator TOM DASCHLE, the author of the interstate flow of electricity and are critical addressing it. This may not be perfect, floor amendment that established this to the success of electricity restructuring. Increased participation in RTOs will help ad- certainly it is far from perfect, but it is 2-percent standard, stated during de- dress the structural problems in our grid the first major step since 1980 to cor- bate: that created conditions for the recent black- rect a problem we all agree is there. The ethers, especially MTBE and ETBE, out. RTOs will help our nation improve our In deference to the time that we have are expected to be major components of ability to respond to problems in the grid by here I am going to concentrate on one meeting a clean octane program.

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.038 S19PT1 S15164 CONGRESSIONAL RECORD — SENATE November 19, 2003 Under certain forms of an oxygenate land. Is that affected by safe harbor? some sense of certainty that the Fed- mandate, Senator DASCHLE went as far No. eral Government will not allow those as to note that: Nuisance—intereference with the investments to become the basis of EPA predicts that the amendment will be plaintiff’s use and enjoyment of his undue liability. In other words, as addi- met almost exclusively by MTBE, a meth- property—that is not affected by safe tive manufacturers seek access to cap- anol derivative. harbor. ital, demonstrating a responsible Fed- Senator DASCHLE recognized what we Negligence—may be a basis for prod- eral role in liability limitation may be all know: There are substantial bene- uct liability actions, as well as actions crucial to justify future investments in fits to using MTBE as far as environ- involving the release of allegedly toxic clean additive manufacturing. It is mental protection is concerned. In the materials. negligence could be based on simply a supply and demand argument. floor debate on the 2-percent standard, the design of manufacture of the prod- In conclusion, I ask my colleagues to Senator DASCHLE cited evidence that: uct, or failure to give warnings nec- look at the facts. The fact is that the

NOX, hydrocarbons, and carbon monoxide essary to make the product safe. Is this safe harbor is a fair and important pro- are dramatically reduced by adding the oxy- affected by safe harbor? No. It is not vision in an important piece of legisla- genate MTBE to gasoline. affected. tion, which is critical to our national So it is clear that Congress mandated Breach of implied warranty—similar and economic security. ethanol and MTBE in 1990, and, in this to strict products-liability—is not af- The safe harbor only applies to defec- conference report, is increasing the fected by safe harbor. tive products claims. mandate on ethanol. Under breach of express warranty—if I believe very strongly we need to Let me go on reading the ethanol and a manufacturer, distributor, or retailer have that clarification. MTBE safe harbor. The safe harbor ap- makes express promises regarding a I repeat one more time what is actu- plies only: product, the party is liable if the prod- ally written into the law. It says if the If it [ethanol or MTBE] does not violate a uct fails to perform as promised and Federal Government approves and control or prohibition imposed by the Ad- that failure leads to injury. It is not af- mandates a product such as ethanol or ministrator of the Environmental Protection fected by safe harbor. MTBE, that product should not be con- Agency under section 211 of such Act, and The only thing that is affected is in sidered a defective product by virtue of the manufacturer is in compliance with all the areas we have been discussing. the fact that it is or contains such re- requests for information under subsection (b) Moreover, this safe harbor in no way newable fuel or MTBE which is man- of such section 211 of such Act. shape or form impacts any environ- dated by law. I appreciate the oppor- So the safe harbor in this conference mental law. The safe harbor provision tunity to clarify that. report applies only if you are in com- would not affect liability, and there- I yield the floor. pliance with all the tough fuel require- fore response, remediation and clean- The PRESIDING OFFICER. The Sen- ments of the Clean Air Act. up, under Federal and State laws. The ator from Hawaii. So to review so far, if ethanol or facts of a given situation would dictate Mr. AKAKA. Mr. President, I rise MTBE is used as required by the Fed- which of the following statutes would today to express a profound sense of eral Government and is in full compli- be most appropriate for an action. Here disappointment. The Nation needs an ance of the Clean Air Act, it should not are examples of environmental laws energy bill. We need a comprehensive be found defective. Alternatively, if a that could apply. The following are not blueprint for an energy policy that will party does not meet the requirements impacted: The Resource Conservation take us in new directions, away from of the Clean Air Act, the safe harbor and Recovery Act, RCRA; Clean Water dependence on declining reserves of does not apply, stating that: Act; Oil Pollution Act—OPA; Com- fossil fuel and foreign sources of oil. the existence of a claim of defective product prehensive Environmental, Response, We need a policy which will reconcile shall be determined under otherwise applica- Compensation, and Liability Act— growth and energy conservation in our ble law. CERCLA or Superfund; not to mention transportation, manufacturing, utility, It can still be exercised if they don’t natural resource damages available and consumer sectors across the na- comply. under OPA, CERCLA, and the Clean tion. We need to bring down the high Most importantly, the safe harbor Water Act. They are not impacted. costs of electricity and gasoline for the does not impact numerous legal mech- Furthermore, the leaking under- country, particularly in my state of anisms available for cleanup and dam- ground storage tanks provision in this Hawaii, and pursue greater energy ages. Specifically, the safe harbor energy conference report greatly en- independence from petroleum products. states that: hances the amount of resources avail- The conference report does not make Nothing in this subsection shall be con- able to states and localities through these goals achievable. strued to affect the liability of any person the underground storage funds. I believe a comprehensive energy bill for environmental remediation costs, drink- is possible. As a senior member of the ing water contamination, negligence for If the language and the impact are so spills or other reasonably foreseeable events, clear, why is the debate so muddy? The Senate Energy and Natural Resources public or private nuisance, trespass, breach answer is because trial lawyers stand Committee, I am familiar with cutting- of warranty, breach of contract, or any other to lose billions. edge technologies and approaches to liability other than liability based upon a What is the positive affect of this generating energy. I was closely in- claim of defective product. safe harbor? volved in crafting the energy bill that In all those other cases, it remains Liability protection is consistent we considered earlier this year under unchanged. The safe harbor does not with environmental protection. With- Senator DOMENICI’s leadership. I also apply to anything except liability out some stability in liability risk, contributed heavily to the energy bill based upon a claim of defective prod- powerful disincentives will be created that passed the Senate under Demo- uct, assuming they have complied with to continued manufacturing of clean- cratic leadership last year. the Clean Air Act. It is as simple as fuel additives. Why should we manufac- I wish to thank the senior Senator that. ture clean fuel additives if there is no from New Mexico for his persistence in As the energy conference report protection? Clean fuel programs have drafting this energy bill under ex- clearly states, the safe harbor does not saved thousands of lives across the tremely difficult circumstances. The affect liability under other tort theo- country. Opposition to commonsense energy policies that we are addressing ries. Tort law provides a remedy when legislation may endanger those most in this legislation cover a vast range of there is a breach of a duty resulting in susceptible to air pollution impacts by authorities and a patchwork of unruly harm to a person, property, or intan- reducing the ready supply of clean fuel regional alliances. This translates to gible personal interests. The following additives. an enormous challenge, and I appre- types of actions have been used in envi- Failure to limit liability endangers ciate Senator DOMENICI’s hard work in ronmental cases. These are actions future energy security and clean air. the face of this intractable situation. I where recovery took place: Simply put, additive manufacturers want to make it clear that I have not Trespass—interference with the will be extremely reluctant to invest in given up on the opportunity to have an plaintiff’s possessory interest in his MTBE replacement additives without energy bill and I will continue to work

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.041 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15165 with my colleagues to shape an energy fueling infrastructure. It provides only less money on gasoline, be less depend- bill for the continental United States the vaguest guidance to the Secretary ent on foreign supplies of oil, seriously as well as for Hawaii and Alaska, which of Energy of voluntary projects to address the issue of climate change, often have special energy needs. shape demonstration programs. and breathe cleaner air. Strong fuel Unfortunately, the report that has Why are we going to spend $1.4 bil- economy standards address these emerged from the conference com- lion over six years on the production of needs. The conference report fails to mittee does not bear much resem- hydrogen energy by way of a dem- address the accumulation of green- blance to either of the two earlier bills, onstration project using nuclear en- house gases, which I have spoken about this year or last year, that had bipar- ergy to produce hydrogen? We cannot several times on the floor of the Sen- tisan support. I rise today to express decide what to do with our nuclear ate. my disappointment with the outcome waste as it is now. Why are we going to Mr. President, I am disappointed in of the conference report for several produce waste by using nuclear mate- the conference report. It will not open reasons. rial to produce hydrogen? We need to the door for radically new energy fu- I am particularly concerned about explore the production of hydrogen tures such as hydrogen or even lique- Title VIII, the hydrogen title. During using renewable resources, and we need fied natural gas. It will not alleviate the Committee’s consideration of S. 14 to spend a great deal more on it than the high prices of energy in the Nation. earlier this year, the hydrogen title au- this conference report provides. Hydro- And it will not reduce our dependency thorizing research and development, gen may fuel the economy of the fu- on foreign oil. demonstration projects, and buy-back ture, but we must take action now to I yield back the remainder of my and fleet provisions was carefully ensure that it comes from renewable time. worked out by a bipartisan group of sources for those parts of the country The PRESIDING OFFICER (Ms. COL- Senators on the Committee. Even that will not or cannot host nuclear fa- LINS). Without objection, the Senator though my colleague from Iowa, Sen- cilities. from Louisiana is recognized. Mr. REID. Madam President, if the ator HARKIN, is not on the Committee, The new hydrogen title, authorizes he contributed mightily. The hydrogen less funding through 2008 than we Senator will yield for a question, title was based on the Spark Matsu- agreed on in the Senate earlier this through the Chair, how long does the naga Hydrogen R&D Act, which has year. It eliminates key demonstration Senator wish to speak? There are other been the basic authority for federal hy- programs and federal purchase require- Senators who wish to speak. There is no rush. I want to know when they drogen programs for the last 20 years. I ments that I believe are critical to en- should come over. introduced a bill to reauthorize the suring a hydrogen future. Mr. Presi- Ms. LANDRIEU. Approximately 15 Matsunaga Act earlier this year, along dent, the hydrogen title is a pale ghost minutes. with Senators DOMENICI, BINGAMAN, of what it was when it left the Senate Madam President, I join my col- BAYH, LIEBERMAN, KYL, REID, and on July 31st of this year. leagues on the floor to make relatively INOUYE. I continue to believe that the This bill has some hopeful features. brief remarks about this very impor- Matsunaga Act’s basic focus on renew- It provides tax incentives for wind, tant energy bill. able R&D for the production of hydro- solar, and geothermal energy—but not As a member of the Energy Com- gen is a critical component of a na- enough. It encourages energy effi- mittee that has worked very hard to tional hydrogen R&D program. I great- ciency in household appliances and produce this bill, and as confident as I ly appreciate the vision of Senator homebuilding. I am pleased that the re- am that a majority of the people in DOMENICI, who led the effort earlier port contains provisions that I specifi- Louisiana want us to produce a good this year to craft the hydrogen title in cally requested for energy studies in and balanced bill, I want to stand to S. 14, along with myself and Senators Hawaii and insular areas, and for non- support the bill that is before us and to BINGAMAN, DORGAN, ALEXANDER, contiguous areas to opt-in to the eth- urge our colleagues to vote yes on this WYDEN, SCHUMER, and HARKIN who anol trading system. I thank Senator measure. I commend the chairman dedicated time and energy to the bipar- DOMENICI and Senator BINGAMAN for from New Mexico and the ranking tisan compromise. Title VIII was their assistance on these provisions, member from New Mexico on the Sen- agreed to unanimously in the Com- which take into account the unique en- ate side and the chairman and the mittee in markup. ergy situation faced by more remote ranking member on the House side for Title VIII, as it was crafted earlier states and territories. I also am pleased producing a bill that is truly the best this year, contained a robust author- that Senator DOMENICI has included bill this Congress can produce. ization of hydrogen research, develop- provisions of a bill I introduced earlier Is it a perfect bill? Absolutely not. ment, and demonstration projects to this year, S. 1045, to designate an office Does it leave some very important sec- lead us into the hydrogen future. The in the Department of Energy and a tions out that many of us would like to title was later successfully amended on process within the Department for see? Absolutely yes. Does it address the floor during debate on S. 14, led by safely disposing of Greater-Than-Class every regional concern? No. And no na- my good friend and colleague from C, GTCC, radioactive waste. According tional bill, no bill that comes out of North Dakota, Senator DORGAN. Sen- to a General Accounting Office study this Congress, would ever be able to ator DORGAN offered an amendment, that I requested on this topic, we need make each region perfectly happy be- which I cosponsored, to include impor- a stronger plan for continued recovery cause energy, of all issues, is not really tant measurable goals and timelines and storage of GTCC waste until a per- a Democrat or Republican issue. It for the commercial introduction of hy- manent disposal facility is available. really is based on the regions of the drogen fuel cell vehicles. The conference report has some ob- country from which we all come. The federal government should be a jectionable features. It provides waiv- Some regions consume a great deal leader in introducing hydrogen to the ers for manufacturers of MTBE, thus more energy than they produce. Some federal fleet of cars, trucks, and vans leaving it to counties and cities to pay regions and states, like Louisiana, are that are used to accomplish our gov- for the cleanup of groundwater con- a net exporters of energy. We are proud ernment’s business. Not many people tamination. There must be a better so- of that fact. We get beat up a lot about realize it, but the federal government lution than that. We cannot leave the it from people who do not necessarily has a fleet of about half a million burden of cleaning up drinking water understand the oil and gas industry, transportation units that, as a by-prod- contaminated by gasoline additives to but we are proud to drill in environ- uct of using fossil fuels, emit nitrogen local communities. mentally sensitive ways for oil and gas oxides, ozone, and other pollutants. The conference report also has and proud that we contribute so much The original hydrogen title sought to objectional omissions. It does not in- to nations energy supply. usher in a transition to a fuel cell fleet. clude fuel economy standards which So we will never have a bill that is The revised hydrogen title in the significantly increase the fuel effi- going to satisfy the regional and paro- conference report eliminates key fed- ciency of automobiles—a vital compo- chial interests of every Member. I am eral purchase requirements for vehicle nent of a comprehensive energy policy. convinced, having worked on this En- fleets, stationary power, and hydrogen The American people want to spend ergy bill, or something like it, for the

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.034 S19PT1 S15166 CONGRESSIONAL RECORD — SENATE November 19, 2003 7 years I have been in the Senate, that unemployment. There is not a Senator to work. Whether you are in Alaska or this is the best bill this Congress can in this Chamber who is not concerned other States, a lot of people could use put forward. about increasing employment rolls and jobs right now. This is a jobs bill. The second point is, after we pass lowering unemployment rolls. This Let me say a word about coal. We this bill—and I am confident we will bill, by creating hundreds of thousands don’t produce a lot of coal in Lou- pass and the President will sign it, of jobs, will, in essence, do that. isiana, but there are some States that there is nothing that prevents us, ei- We also take steps to conserve, not do. I guess I have a great deal of sym- ther individually or as a Congress, as many steps as this Senator would pathy for States that, like Louisiana, from stepping forward in the next few have liked to take. I appreciate the utilize their natural resources. West months or years to make improve- comments of the Senator from Hawaii Virginia and Pennsylvania are natural ments and adjustments to the bill. We and others, including Senator DORGAN, resource-based States. Why shouldn’t can continue to push for policies that who spoke about the missed opportuni- the people of those States get to use increase our supply, increase new and ties in this bill. They encouraged us to the natural resources they have to cre- renewable fuels, improve our conserva- really step up for conservation meas- ate jobs and to do it in a way that tion, and make this Nation more en- ures and I agree. The Presiding Officer helps keep the environment clean? ergy self-sufficient. made some very appropriate and, I We have some clean coal technology But we have not had an Energy bill thought, discerning remarks about our in this bill. It might not be perfect, but since 1992. In that bill, Congress revolu- missed opportunities for conservation. what is the alternative? Shut down all tionized wholesale electricity markets, We have missed some opportunities, the coal mining in the country, put encouraged renewable energy produc- but there are still, in this bill, some thousands of people out of work, and tion through tax incentives and very excellent conservation and re- drive up energy prices? Let’s use the streamlined and reformed the licensing search and development initiatives to technology and encourage the develop- for nuclear facilities. be proud of. ment of even better technology. We In this bill, one of the things I am I might remind the Democratic cau- have over 250 years of coal reserves in proudest of, working with Senator cus, our No. 1 objective—not my No. 1 this Nation. The people of our Nation DOMENICI, is to improve, increase and objective but the No. 1 objective of our deserve to use those reserves respon- facilitate the construction and licens- Democratic caucus—was not to drill in sibly to their benefit. ing of new nuclear facilities because I ANWR. There is no drilling of ANWR in I am proud that this bill includes believe it is time for the United States this bill. Other Democrats objected to some important renewable fuel stand- to have a renaissance in its nuclear in- more drilling off the coast of Florida. ards. In addition to some of the other dustry, so we can increase the supply There is no more drilling off the coast issues that have been discussed in this of energy and drive down prices for all of Florida in this bill. There were bill, we promote wind power. That is of our consumers, whether they be resi- Democrats who objected to drilling in very exciting. You wouldn’t imagine, dential, industrial, or commercial. the Great Lakes. There is no drilling in though, that we are going to have some For the life of me, I cannot under- the Great Lakes. So for those who of the same interesting debates we stand why the United States cannot wanted not only energy conservation have had over oil and gas production; recognize the importance of nuclear but, in their view, environmental pro- that is, ‘‘not in my backyard.’’ I want energy as a component of our energy tections, this bill represents that com- the energy, but I don’t want to see the policy. Many developed countries, such promise. rigs. as France, have realized the new and Let me say a word about natural gas I was quite amused by the fight that exciting technologies in this area that because it is very important to Lou- went on in Massachusetts or off the make nuclear safe, clean, and reliable. isiana. Demand is exceeding supply and east coast about where we are going to In France, approximately 80 percent of prices have been abnormally high for put the windmills. People want wind all their electricity consumption is the better part of this year. The grow- power, but they don’t want the wind- produced by nuclear power. ing gap between demand and supply mills that produce the power. Unless I am also very proud of the fact that has been apparent for some time. Pres- our technology can put windmills un- we have, for the first time, recognized ently our demand is 22 trillion cubic derground and have the wind go under- the tremendous contribution that Lou- feet annually. The Energy Information ground, I don’t know how we can avoid isiana and Texas and, to a certain de- Administration projects that the de- the aesthetics issue. gree, Mississippi and Alabama make in mand will increase by over 50 percent Since I am used to seeing oil rigs, I producing oil and gas off of our shores. by the year 2025. There is a naturally kind of like the way they look and We have sent to the Federal Govern- occurring abundance of natural gas. If most certainly enjoy fishing around ment billions and billions of dollars of we don’t do something about producing them because they make excellent tax revenues. We have produced many more of this precious resource the gap places to fish that we in Louisiana jobs. We are doing our part in Lou- between what we need and what we have understood now for quite some isiana to make our Nation energy self- consume is only going to grow. We time. I am encouraging wind power and sufficient, and we are proud of it be- must act now. If we don’t, the problem hope we won’t have the same ‘‘not in cause we think for every hour we work, will continue to drive up prices and my backyard’’ attitude that we have every month we contribute, every year make our industries noncompetitive had about other ways to produce en- we send money, we put our troops less with industries in Europe and Asia, Af- ergy. Certainly, wind is a very inter- at risk having to defend America’s in- rica, and other parts of the world. Nat- esting source of power and evidently terests for oil and gas and energy sup- ural gas is at the heart of helping this something that we will never run out plies around the world. It is something Nation to secure and stabilize its em- of. It is an endless supply. that people in Louisiana are very proud ployment sector. We are encouraging wind power in of. In the short term, we provide royalty this bill and solar energy which is The fact is, there is something for all relief for ultra deep gas wells, some- quite exciting. I happened to visit some of us to gain from this compromise bill. thing I worked on. I am proud that is of the most outstanding solar insti- We need to move forward on this bill, in this bill. In the long term, the bill tutes in the world, one of my last visits in my opinion. provides for the construction of a nat- to Israel several years ago. I was very No. 1, it increases our domestic pro- ural gas pipeline—a great deal of con- encouraged by the technology that is duction of energy and, therefore, low- troversy. The bottom line is this pipe- ready to come on the market with the ers the prices for everyone. It is hard line could bring 65 trillion cubic feet right kind of encouragement and incen- to estimate what the lowering of the into the market over the next 10 or 20 tives. Many of these are in this bill. We prices will be, but this bill addresses years. It is gas we need, gas we are can create new building materials that that concern and make steps towards going to use, and gas that will lower can lead the way to the 21st century. providing a variety of energy sources. prices. This bill includes $300 hundred mil- Second, it creates new jobs. So for In addition to all of that, it is going lion for solar programs, several hun- everyone who is concerned, it lowers to put several hundred thousand people dreds of millions of dollars for wind

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.111 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15167 and energy production, and $500 million tion of a pharmacy benefit for seniors of pharmaceutical drugs, they would in grants for biomass programs. Bio- but fundamental changes to the struc- say it has to be the reduction in the mass is another example of a new and ture of the Medicare Program. We are costs charged to seniors, not a reduc- exciting technology which takes other being asked to do so in the waning tion of the contribution this Govern- materials to create energy. It serves to hours of this session of Congress. ment will make for seniors. It has move us to a more diverse portfolio of What we have seen from the situa- turned the whole notion of contain- supply to produce the energy we need tion in the committee is that it was a ment upside down, topsy-turvy. Again, for our Nation. period of negotiation between very few it will go a long way not to help sen- Another important part of this bill is people, producing fundamental changes iors but to continue the unchecked in- the increased authorization for the for our Medicare system. It is impor- creases in pharmaceutical costs we Low Income Heating Assistance Pro- tant, I believe, to look at some of the have seen. gram. Being from Louisiana, a State changes today. There are reasons for this. Frankly, that is hot most of the year, and that Much of the discussion that has everyone has to recognize that revolu- we have had a hard time explaining to taken place in the conference with re- tions in pharmaceuticals have provided people that you can die from heat as spect to this proposal has not really a higher quality of health care in the well as die from cold, we have not been been how best to use the $400 billion for United States. But my expectation, able to get the low-income housing as- pharmacy benefits for seniors but, and my hope, was that if we were talk- sistance program directed to Southern rather, to make profound changes in ing seriously about a Medicare benefit States. This bill accomplishes that. Medicare, which I believe undermine, for seniors with respect to pharma- For Southern States, this is very im- in the long run, the Medicare Program. ceuticals, we would have been able to portant to help our people who pay One could suggest that the original use the market power of a nationwide high energy bills and need the air-con- $400 billion budget allocation for phar- Medicare Program to control prices— ditioning, not for comfort but literally maceutical benefits for seniors was too not set them but control them through to keep them from dying or expiring in meager. But we could have addressed the marketplace. A large number of beneficiaries, pur- some of the hottest and most humid at least how to make that money go as chasers, could go to pharmaceutical weather. We are very happy that this far as we could rather than simply companies, through the Medicare sys- increased authorization is in this bill. using it as, I believe, a subterfuge in Finally, I know the chairman from some respects to make changes to tem, and negotiate prices, which represents the buying power of millions of New Mexico and the ranking member Medicare that have been promoted by seniors. That is not going to happen be- will work with us to put some real many—particularly conservatives—for cause, quite deliberately and con- teeth in the freedom car proposal that years previously. sciously, this program fragments sen- the President has launched and I sup- The purpose of S. 1 and H.R. 1 was iors; it creates regions where certain port. It is not strong enough in this supposedly to craft a pharmaceutical programs will vie for the business of bill, but, as I said, nothing will stop us benefit. Indeed, what happened is much seniors through the Medicare system. from coming back and putting real more profound and more pervasive and That is not going to control costs. Yet time frames and real measures of suc- indeed will go to undermine our Medi- we are talking about cost containment, cess. care Program, not strengthen it. I have not in that context at all but in the no- Mandates for hydrogen fuel cells in serious reservations. tion of just limiting the contribution our Federal fleet could be added to this We all recognize that seniors need relief. Again, the $400 billion was a small we will make. bill. But our clean schoolbus tech- Again, I think what we have to rec- part of the relief they need. It has been nology, some other things that are in ognize is that this is not going to be estimated by CBO that seniors will this bill, make it, on balance, a very the way to deal with the crisis we face spend a total of $1.8 trillion on pharma- fine bill and one that this country today and the crisis of the years ahead. needs. ceuticals from 2003 to 2012, the 10-year There is a provision in the legislation Again, this is not a Democrat or a period this bill will likely cover. The which essentially says that as the Med- Republican bill. It is really a bill in $400 billion, in context, is just a frac- icaid Program exceeds 45 percent of the which regional interests are at stake. tion of what seniors will pay. Neverthe- general fund contribution—our con- But from the perspective of Louisiana less, we could have provided, I believe, tribution to Medicare exceeds 45 per- and particularly in the South, places much more focused, targeted, and bene- cent of total program expenditures, that produce a lot of energy, this bill ficial relief to seniors than has been ac- and then the President must submit a gives us relief. It gives us hope that complished by this bill. More than plan to Congress, and there is pressure natural gas prices can be reduced. It that, we could have avoided these very for Congress to move. But that is a produces jobs, and it helps us lower the serious and deleterious changes being rather arbitrary and artificial way to unemployment rate as well as makes proposed for Medicare. approach the cost of Medicare. our country more energy self-suffi- Let me address a few issues. There is First of all, it doesn’t consider the cient. an issue in the bill that has been dis- number of beneficiaries. It doesn’t con- For all of those reasons, I will give cussed, which is cost containment. It sider other factors, such as quality my vote and support to the bill. represents sort of a doublespeak, if you issues. It is an arbitrary device which I I yield the floor. will. I believe if you asked most of my think will not control the real costs, The PRESIDING OFFICER. Under seniors about cost containment, they which is the cost of drugs, but it will the previous order, the Senator from would say, hallelujah, finally, you are really inhibit and hamper our ability Rhode Island is recognized for 20 min- going to bring down the cost of the to serve our seniors. Again, this is one utes. pharmaceutical drugs. aspect of the legislation that I find par- MEDICARE Wrong. In the language of this bill, ticularly troublesome. Mr. REED. Madam President, we are cost containment is limiting the There is another doublespeak, and debating at the moment the Energy amount of money the Federal Govern- that doublespeak is premium support. bill, but there is another major initia- ment will contribute to the Medicare Again, if you asked any senior in tive that we are all considering. That Program—not just pharmaceuticals Rhode Island, Michigan, or Maine is the Medicare bill. I would like for a but to the Medicare Program. In fact, about premium support, they would moment to speak about the Medicare if you look at what they have done say: Hallelujah, you are going to help bill. with respect to the cost of pharma- me pay my premium; I have been wait- We have a history. For 38 years, ceuticals they have made it very dif- ing for that. That is not the case. It is Medicare has been a central part of the ficult for the Federal Government, helping the private insurance compa- life of America, not just seniors in through the Medicare Program, to ne- nies by assisting them not only in their America but every American family. gotiate lower prices. operating expenses but with their bot- Now we are being asked to consider, in Once again, if you asked any senior tom line in the process. That is not the waning days of this session, funda- in this country, or any American, what most people thought about when mental changes not just to the addi- about cost containment, in the context we talked about premium support.

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.114 S19PT1 S15168 CONGRESSIONAL RECORD — SENATE November 19, 2003 It will provide wide variations of pre- plicated and exacerbated by another change, undermine Medicare but to miums throughout the country, State aspect. We are creating a $12 billion help them buy pharmaceuticals. by State, and even within States, re- stabilization fund, again, for private We could have applied all that $400 gion by region. Essentially, it will also insurers. We are taking Medicare billion to do that. We didn’t. We have encourage cherry-picking, a term we money, the money which our seniors— stabilization funds to encourage pri- are all familiar with, in which these in fact, all Americans believe we are vate health concerns to compete with private companies that are being en- earmarking for senior health care and the traditional Medicare Program; we couraged to now go after the seniors’ setting up a fund—a slush fund—that have health savings accounts, with bil- business will be able to structure their will provide further incentives to pri- lions of dollars there to encourage the marketing and their appeals to take vate health care purveyors and further insurance industry to sell health care the healthiest, younger seniors, leaving unbalance the playing field between plans to individuals. All of that very the older seniors—the most vulnerable traditional Medicare and these new pri- scarce money could have been used and most expensive—to be covered in vate plans. simply to say how much can we help the Federal program. This will be great We could have done much with this the seniors to buy drugs and maintain for their bottom line, but it will drive stabilization fund. We could have low- our program. I agree with the Senator. the cost of traditional Medicare up and ered the so-called donut hole when ben- Ms. STABENOW. If I may ask an- up, and it will run right back into the efits expire for some seniors and then other question, what the Senator is cost containment trap we set up. renew themselves after several thou- saying is there are billions of dollars Medicare will be less ‘‘efficient’’ than sand dollars of additional expenses. We being used in this plan on items that private plans. Therefore, it will be sub- could have closed that gap. We could have nothing to do with helping pay for ject to increased Federal pressure to have done a lot of creative, innovative medicine, helping people get their care; lower the cost. All of this violates a things that not only would have as- is that right? The Senator is talking fundamental principle of insurance, sisted seniors but would also make a about billions of dollars going to which is that you pool risk by aggre- real concerted effort to control the HMOs, to insurance companies to help gating a range of risk. You don’t seg- cost of the program in a principled them compete against Medicare, which regate the healthiest people and say we way. Yet we didn’t do that. costs less, and that money could be will ensure just those—well, if you are We have created a situation in which, used to buy medicine for people? a profitable private insurance com- again, the deck has been stacked Mr. REED. The Senator from Michi- pany, you do. But if you are trying to against traditional Medicare and gan is absolutely right. I said this be- plan for a national program to assist against, I believe, the logic of insur- fore. This represents, in some respects, seniors, you certainly don’t do that. the greatest bait and switch in the his- It also defies the fundamental facts ance of aggregating as many risks as tory of the Republic. Seniors think of history. In 1965, when the Medicare possible across regions, across the they are getting pharmaceutical pro- Program was created, seniors could not country, across ages from the youngest get health insurance because they were seniors to the oldest seniors, the tections, and they will wake up and expensive to insure. They were a bad healthiest seniors to the ones who are discover the Medicare Program they risk. No private insurance company sick and frail. thought was there forever has been would step up in any systematic way to We are also going to hit and create a changed irrevocably. Indeed, even the pharmaceutical pro- insure them—unless you were phe- situation where we will give incentives tection is not that extensive, com- nomenally wealthy and you could prob- to these companies to fragment the prehensive, or effective. The Senator’s ably pay for all of your medical care Medicare system. Frankly, if insuring point about the cost of traditional out of your wealth. For the average seniors was a profitable area of endeav- Medicare is well taken. We already senior, in 1961, 1962 and 1963, you were or, 35 years ago we wouldn’t have had have experience with this. We have had not getting private insurance. That is to step in and create Medicare. If it the Medicare+Choice plans. These are why we stepped in. That hasn’t was a profitable endeavor today, we private plans that are not able to pro- changed. wouldn’t have to have a $12 billion sta- Seniors today are still, on average, bilization fund, and we wouldn’t have vide a benefit as cheaply as traditional much more expensive to insure than to have premium support. Medicare. The 2003 Medicare trustees report es- younger people because of the nature of We will spend more money than we life and nature of disease and mor- have to and we will get less for our timated that reimbursement from bidity—all of this. This legislative pro- money and seniors will get less in managed care enrollees would exceed posal totally ignores that 35 years of terms of the benefits, not just pharma- traditional Medicare costs. We are re- history and the experience we all have. ceutical benefits but the overall Medi- imbursing HMOs more to care for their Again, going back to our experience, care Program. I emphasize again, this Medicare beneficiaries than we are it was not uncommon when I was a is not just trying to tailor and contain through the traditional Medicare Pro- youngster, teenager or younger, to the cost of pharmaceuticals. This ap- gram. We know that. That is 2003. That visit homes of my friends and there plies across the board. is the report of the trustees of the was at least one grandparent there—a Ms. STABENOW. Madam President, Medicare system. Yet we are still grandmother or grandfather. Why? Be- will my friend yield for a question? under this illusion that if we pour more cause their health needs required some- Mr. REED. Yes. money into the private HMOs through body to care for them. It was the fami- Ms. STABENOW. I thank my friend slush funds, through premium sup- lies, the 40-year-olds, 35-year-olds. from Rhode Island for laying out in a port—through all sorts of mecha- Much of that changed in 1965 because clear and concise way what our con- nisms—somehow we will change the re- now seniors had the ability to obtain cerns are about this bill. ality. health care coverage. Madam President, wouldn’t the Sen- We are not going to change the re- This whole system is being threat- ator agree that our first goal should be ality. The reality is that this general ened by premium support, which will to do no harm, rather than the items Medicare Program is efficient, is effec- incentivize private insurers to come in he is talking about? That the first goal tive, it has stood the test of almost 40 and attract and subscribe the youngest of any plan to provide Medicare pre- years, and it is a system that I think healthiest seniors, leaving the tradi- scription drug coverage should be to every American sees as being effective, tional Medicare Program with the make sure people are paying less and efficient, and, indeed, an important older, most expensive population to getting more coverage and getting part of their family’s well-being in the cover; and, again, all of this is leading more help? This bill doesn’t do that, future as it has been in the past. into that trap in which cost contain- does it? Ms. STABENOW. If I may continue ment will tell the Federal Government, Mr. REED. I concur with my col- with questions, when the Senator is oh, stop, we are paying too much league from Michigan. Our first goal saying this shifts money to HMOs and money for seniors. should have been to do what we told to insurance companies, I assume—at I believe this is, again, a profoundly seniors for years we were going to do: least my understanding of HMOs is— poor concept, and it is further com- help them buy pharmaceuticals, not you don’t choose your own doctor. We

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.116 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15169 are talking about seniors who now can Americans, if this plan goes through, for rural health, pull out provisions for go anywhere. I know in Michigan, they what it does is start raising questions: our physicians who continue to be cut can go from the Upper Peninsula over Why should I be in Medicare? and threatened with cuts as they are to Detroit over to the west coast and If I have to pay copays and I have to providing care for our hospitals and the cost is the same. They can choose do this and I only get small support, home health and nursing homes. We their doctor and go to the hospital why should I be in Medicare? A mul- can do that if we want to. We can pull they want. tiple class of health care is being cre- that out and pass that. It is very posi- Madam President, is it true that ated in this country. For all these rea- tive. what Senator REED is talking about sons, I hope we have time to debate. I When we look more broadly at this will take away people’s ability to hope we have time to look at the legis- bill, it is not a comprehensive prescrip- choose their own doctor and hospital? lation very carefully and not in the tion benefit under Medicare. It is not Mr. REED. The Senator from Michi- last few moments vote because time even a good first step. As my colleague gan is right again. Not only do you not ran out. from Rhode Island said, it feels like have the ability to choose your own I yield the floor. bait and switch. We are talking about doctor, but sometimes it is the HMO The PRESIDING OFFICER. The Sen- prescription drug coverage, and we are that chooses you. We had the experi- ator from Michigan. going to end up dismantling Medicare. ence in Rhode Island of seniors signed Ms. STABENOW. Madam President, I We started out talking about: How do up for HMO programs and the HMO ask unanimous consent that Senator we help seniors pay for their medicine? said: We are not making enough CLINTON be allowed to speak following How do we make sure folks are not money; we are leaving. They left the my remarks. choosing between food and medicine seniors high and dry. They found care The PRESIDING OFFICER. Without and paying the utility bill? How do we by going back to the general Medicare objection, it is so ordered. make sure we do not continue to have system or another HMO. They found Ms. STABENOW. I first want to the explosion in prescription drug pric- coverage, of course. again commend my friend from Rhode ing that is affecting every part of our This is a one-way street. It is not a Island for his comments in laying out economy and every family in this coun- two-way street. You get to do what the concerns that many of us have. In try? That is what we started out to do. they tell you you can do. That is the thinking about this and thinking about Now we find ourselves in a situation way they make money. It is a profit- my coming to the Senate, I came with where the fight that started to add a making enterprise. Frankly, there is a very important goal. One of my top drug benefit to Medicare is turning nothing wrong with that, and if we priorities has been to help create a real into a fight to save Medicare as we were the managers of these companies, comprehensive Medicare prescription know it, to save it as a universal we might be pursuing the same tech- drug benefit. Part 2 of that is to lower health care benefit, the only one we niques of carefully selecting our bene- prices for everyone, for our seniors, so have in this country. ficiaries and questioning the doctors in that the Medicare dollars, those pre- I view this as a matter of values and every instance about whether this pro- cious dollars, can be stretched farther, priorities. I am very proud of the fact cedure is right or wrong. In fact, the but also for our businesses who are that in 1965, this Congress and the greatest criticism of HMOs comes not paying for very high health care costs. President of the United States came from seniors but doctors. They can’t We know about half of that is due to together and decided that we, as Amer- abide working with them. It is ac- the explosion of prescription drug icans, were going to say to those 65 and countants, not health care people, who prices. So for businesses, for workers, older and the disabled in this country are making the decisions. for families, we have, I believe, an obli- that health care would be there for We are setting this system up again. gation to do everything we can to cre- them; regardless of where they live, re- It is unbelievable, in some respects, ate more competition and more ac- gardless of their situation, health care that having had the experience of countability to bring prices down. I would be for them. Medicare+Choice, having had the expe- came to the Senate with those two Now, what has happened? Well, we rience of a private insurance system goals for health care for our seniors, as have seen the quality of life improve that wouldn’t touch a senior in 1965, well as lowering prices for everyone. for older Americans. We have seen peo- and having the success of Medicare, we Even though the bill that passed the ple live longer as a result of the bene- are entertaining these notions as if Senate was not at all what I would per- fits of Medicare. Those over the age of this is a good change, this is a good sonally have written, it had good bipar- 85 are the fastest growing part of the thing. We haven’t learned. tisan give-and-take. We passed a bill older generation. Why? Because Medi- This represents a triumph of aspira- that I was willing to support in the care has made sure that health care is tions or hope over the facts and reality Senate. Even though I believed it was available, the doctor is available, the of 30-plus years of experience and of the just a first step, there was much more hospital is available, and so on. This is dynamics of the marketplace. that could be done. We did include a not a bad thing. This is a good thing. I thank the Senator from Michigan strong bill to close patent loopholes This is a great American success story for her intervention because it has and allow unadvertised brands, called that we should be celebrating together, been useful in clarifying the discussion. generic brands, on the marketplace for not beginning the process of unraveling There is one other area that concerns better competition. We did create a the promise of Medicare. me, and that is the notion of means low-income benefit that I believe was When I explain to folks what is be- testing. In the doublespeak of this bill, very good for seniors and a number of fore us, they look at me, frankly, like it is not means testing, it is income re- other provisions, helping our rural I am crazy. When we say, well, we have lating. It is like cost containment and health providers, as well as all of our a deal for you; a quarter of Medicare premium support. It is income relating. doctors and hospitals and other pro- beneficiaries would pay more for their It is really means testing. viders. prescription drugs under this plan, not What it does is it begins to lower the Now we are in a situation where, unless, not even the same but more. That effective subsidy that the Federal Gov- fortunately, instead of the bipartisan is because 6 million seniors who are the ernment provides the seniors based on effort that we came forward with in the poorest of the poor, who are on Med- their income. Frankly, starting off at a Senate, we have seen a plan put for- icaid, 6 million seniors who really are level of $80,000—you may say, well, ward primarily by only one side, and, choosing between their food and their maybe it is not too bad; maybe people unfortunately, one that goes way be- medicine would end up paying more that comfortable should be able to pay. yond the scope of any bill dealing with under this plan than they would stay- The point is, it begins to add another prescription drugs. ing under Medicaid. way in which we will segregate partici- On the positive side, it does have Another issue of particular concern pants in the Medicare system because positive provisions that can be pulled to my State, up to 3 million seniors if your subsidy falls from 75 percent, out if we choose not to move forward could lose their current coverage. In which is what it is roughly today, down with this bill. I would hope in a bipar- Michigan, I have a whole lot of folks to 20 percent, that will be wealthy tisan way we could pull out providing who have worked hard their whole life,

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.119 S19PT1 S15170 CONGRESSIONAL RECORD — SENATE November 19, 2003 sometimes giving up a pay raise to get today, which is too many folks getting company lobbyists—probably more good health care and to get a good penin a car or a bus and going to Canada. with this bill but at least six—to every sion. In fact, in my State of Michigan, I do have concerns about folks going one Senator. They must be celebrating. it is estimated that 138,810 Medicare through the Internet more and more, But I know the seniors of this country beneficiaries would lose their retiree or mail order where they are not work- and the disabled, when they see what is health benefits under this plan. How in ing with a physician, not working with really happening—unfortunately, it the world can that be a good idea? How a pharmacist, and don’t know the doesn’t take effect until 2006 so they in the world can we say to people, ‘‘We interactions of their drugs and may not won’t really be able to see what is hap- have a deal for you; you are going to know, in fact, where those drugs are pening until then—but once they see it, lose your coverage as a result of this coming from. That is something we they are not going to be celebrating. plan’’? We started out saying we are ought to be tackling as well from a They are, in fact, going to be very going to put together a voluntary pre- safety standpoint, but that is different angry. scription drug benefit under Medicare, from reimportation. That is different We can do better than this. We have and now we are seeing a situation than giving licensed pharmacists the to do better than this. There is no rea- where people would actually lose bene- ability to do business with a licensed son we can’t come together, as we did fits. pharmacist in other countries and, in when this bill was before the Senate, In Michigan, 183,200 Medicaid bene- particular, Canada where their system and work out something that makes ficiaries, the poorest of the poor sen- is so much like ours in terms of safety. sense. People are counting on us to do iors, will pay more for their prescrip- I am very concerned that that provi- that. They are trusting us to do that. tion drugs that they need, and 90,000 sion is not in this bill, despite a heroic Unfortunately, what is in front of us fewer seniors in Michigan will qualify effort among House Members, a bipar- is much more about making sure we for low-income protections—90,000 tisan effort to pass a bill that would do are protecting special interests than fewer than in the Senate bill that we what needed to be done to create that the people’s interests. This is much worked on, on a bipartisan basis, be- competition. more about HMOs and insurance com- cause of the assets test and the lower Also, I am very concerned that we panies and pharmaceutical companies qualifying income levels. have a lessened provision in here relat- than what seniors are going to be doing I see my friend from Iowa, who I ing to closing patents and allowing tonight when they decide if they are know has worked very hard on this leg- more generic drugs to compete on the going to be able to have dinner or they islation and who led the effort in the market because those things would are going to have to wait because they Senate that resulted in a bill that really bring prices down. have to buy the medicine tomorrow. Although we have yet to see every- many of us embraced because it was a We can do better. I hope we will. If thing in final form, it is my under- true, honest, bipartisan effort. I thank what comes before us is what we have standing there is actually language him again for that. This bill does not heard and what I have described to- that doesn’t allow Medicare to bulk reflect what we did in the Senate. It night, I will strongly oppose it and do purchase, to negotiate on behalf of all everything I possibly can to join others does not reflect what we did on a bipar- of our 39 million seniors to get a big to oppose this and send this back to tisan basis. group discount to lower prices. Unfortunately, even though hours the drawing board. Essentially, on top of our poorest I saw some numbers this morning of and hours have been spent on this seniors paying more, those with cov- a poll done in the last couple of days of issue, we find ourselves in a situation erage possibly losing their coverage, we those 55 and older, describing this plan. where too many of the folks we rep- are being told that our precious tax It was interesting to me, of those resent will be worse off than they are dollars and Medicare dollars are going polled, 65 percent who were members of now. That is of deep concern to me. to be forced to pay the highest prices AARP said: Go back and go to work I am also very concerned that we are for prescription drugs. In fact, because and get it right. Don’t pass this. not seeing the competition put into our uninsured pay the highest prices in I agree with those 65 percent of the this bill that would lower prices. When the world, I think it is fair to say we people. I know they reflect the people I we talk about bringing prescription would be paying the highest prices in represent in Michigan. I urge we go drugs back from Canada in particular, the world for Medicare prescription back to work and get it right. which is right next to my State of drugs. That means the dollars are The PRESIDING OFFICER (Mr. AL- Michigan, that is something near and spread even thinner than they would EXANDER). Under the previous order, dear to me and the people I represent. be. In order for us to really spread the Senator from New York is recog- It takes only 5 minutes to cross a these precious dollars as far as they nized. bridge or a tunnel to go to Canada to can be spread, we need to bring prices Mrs. CLINTON. Mr. President, this is bring back prescription drugs. Many of down. This bill not only does not allow a day of considerable activity around them are made in the United States. In competition, it stops Medicare from the Senate because we have two signifi- fact, most of them are made in the group purchasing in order to bring the cant pieces of legislation that are United States, sold in Canada for 50, 60, price down. drawing the attention of Members who 70 percent less, and then brought back. Thank goodness we don’t include come to this floor to express their In some cases they are prescription that language for the VA and our vet- opinions. It is hard to know where to drugs that are made by American com- erans. In the VA, we negotiate for our start. There are significant problems panies but actually manufactured in veterans for prescription drug cov- and issues with both the Energy bill other countries—Lipitor, manufactured erage. We don’t pay retail as the Fed- and the proposed Medicare bill. But be- in Ireland; Viagra, manufactured in eral Government. We don’t pay retail. cause they have only recently been Ireland. They have a way to safely We get somewhere between a 30 percent provided—with the Energy bill only in bring those back to the United States, and a 40 percent discount. the last 24 to 48 hours finally being working with the FDA and the compa- That is exactly what the pharma- made available; with the Medicare bill nies. With a closed supply chain, they ceutical industry doesn’t want to hap- still not being available in its full can do that. pen under Medicare, which is exactly form—it is difficult to know what to There is absolutely no reason we can- why there is no competition in here. say because, although we have the out- not do that through our licensed phar- There is no ability to group purchase lines of legislation, we don’t have the macists in the local drugstore or the li- in terms of overall Medicare leverage. full details, and we certainly don’t censed pharmacists in the hospital. This is a bill celebrated by the large have adequate time to digest and ana- There is no reason we cannot do that if pharmaceutical companies, because lyze these important matters. we want to do that. It is just as safe. It they know they are going to get a So, I am sure that, like others, I am can be crafted to be exactly the same, whole new group of folks, their cus- somewhat bewildered by the rush to and just as safe, by allowing our local tomers, who will be locked into the deal with these two bills, to force ac- pharmacists to bring back these lower highest possible prices. tion before the Thanksgiving holiday priced drugs to the local pharmacy I know they have a reason to cele- on such grave matters before our coun- rather than doing what is happening brate. I understand. There are six drug try.

VerDate jul 14 2003 01:24 Nov 20, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.122 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15171 I want to say just a few words about If you are supporting this bill be- Well, you are out of luck. Is that the Energy bill, and then I want to say cause you think it will prevent future fair? I don’t think it is fair. I don’t a few words about the Medicare bill, blackouts, you had better take another think it is fair to the people of Plain- because I think it is important that look at the bill. view, NY. But it is fair if you consider the country understand what is at I start with this point because it is it along those terms for the MTBE pro- stake with both of these significant absolutely critical to my constituents ducers. changes. and because there has been a lot of talk Apparently, that is all that matters With respect to the Energy bill, I am about how we had to move this bill be- to the people who put this bill to- strongly opposed to it. I think it is bad cause of the blackout. But how ironic gether. Maybe they don’t have this for my State of New York and I think it is that we move a bill which does problem in their States, although I it is bad for our entire Nation. Yet I very little to solve the problems that have looked at the numbers. It looks as am very disappointed to find myself in have now been analyzed and pinpointed if all but 8 or 10 States are affected by this position where I feel compelled to as being at the root of what happened MTBE. The costs associated with oppose something called an Energy to us in August. cleanup—where is money going to bill. There are provisions in this bill That is just one of many problems come from? Is this body going to pass that are good, ones that I have worked with the bill. I join many of my colon the billions and billions of dollars on and have supported and am very leagues in expressing dismay about the that are going to be needed to clean up pleased that they made their way into MTBE provision in the legislation. our water systems across our country? the final product. First, the bill provides a retroactive I can’t imagine under our current Of course, after the August blackout, liability waiver for MTBE producers. budget situation that is a likely possi- I wanted to do everything I could in This provision turns the so-called pol- bility. Therefore, what are we going to my power to ensure that New Yorkers luter-pay principle on its head. It basi- have happen? Once again, the taxes on never had to go through anything like cally says to communities from New local people will rise—again, another that again. I thought certainly in the York to California: Guess what; we unfunded mandate just like special face of a massive blackout that this may have contaminated your ground- education, just like No Child Left Be- body and our friends on the other side water, we may have contaminated your hind, and so much else that we passed of Capitol Hill would rally together to wells, and we are not going to help you in this body and then let somebody else take appropriate steps to increase the clean it up. pay for it. reliability of our electricity trans- I heard some of my friends on the New York City, which obviously has mission and distribution system. What other side say: Wait a minute; it a very significant water issue, had been could be more obvious? The lights went doesn’t remove liability from people taking action to try to get some help out, and they went out because of fail- who negligently used MTBE. The fact in paying the bills and had sued the ures and problems within that system. is, there is no good use for MTBE. It is MTBE producers. Under this bill, their Unfortunately, the Energy con- a contaminant. It pollutes water. lawsuits are going to be thrown out of ference report did not get that job Whether somebody poured it in fast or court. done, which to me is job one. I know poured it in slow, the result is the I find it hard to understand why local the bill’s proponents point to the fact same. governments aren’t going to be per- that it includes mandatory enforceable We don’t know the full cost of these reliability standards. I agree. Reli- cleanups. I have read estimates that it mitted to protect themselves and to ability rules are important. There could be on the order of $29 billion na- get the resources from the people who should be mandatory rules with pen- tionwide. In New York, we are coming profited from producing and selling alties, but those rules are not terribly to grips with that kind of extraor- MTBE. I thought that is the way the meaningful if the entities that operate dinary cost, especially in light of the system worked. Somebody said it is the and manage the transmission system budget problems that we face. trial lawyers. I don’t think so. Mr. are unable to plan for and respond to Paul Granger, superintendent of the Granger in Plainview, NY, and the city crises. For that, you need a trans- Plainview, NY, Water District, has proof New York are trying to protect their mission system to be operated on a re- vided estimates to my office about con- water supply. Yes, they may have to go gional basis so responses can be coordi- tamination on Long Island, one part of to court to do that. Why should they be nated on a regional basis and con- our State. But it is a beautiful part prohibited in this bill from doing so? nected up to a national grid. At the that has an underground water aquifer As bad as the MTBE liability waiver very least, you need regional trans- from which we draw water for Long Is- is, the bill doesn’t stop there when it mission organization. land. Mr. Granger estimates that test- comes to the MTBE producers. Unbe- What have we found out today? There ing the 130 supply wells known to be lievably, the bill provides $2 billion in has been a report issued about what contaminated by MTBE will cost be- grants to MTBE producers. What about happened to cause the blackout. Al- tween $990 million to $1.4 billion. If you grants for the water systems of our though details are not yet fully avail- divide the 3.3 million Long Island popu- country? What about lending a helping able, we know there were a number of lation into that cost range, the MTBE hand to Plainview, NY, and all the causes for what happened to us on Au- drinking water cleanup costs will range other places in my State that are look- gust 14. The fact is, no one appears in from $118 to $315 per person. The cost ing at tens of millions of dollars to charge of the sprawling, heavily load- impact for a typical family of four try- clean up their water supply? ed, and troubled part of the trans- ing to make ends meet would be from I can’t understand how anybody can mission grid running around Lake Erie. $472 to $1,206 per family. go home from this body and go back to A portion of the Midwestern grid cen- With respect to the Plainview Water wherever they represent and look into tered in Ohio has long worried industry District, Mr. Granger informs me that the eyes of their fellow citizens and regulators. in the event that MTBE wellhead say: Not only did we tell your mayor The Energy bill that passed the treatment is required at all of its fa- and your city council and your county House yesterday and which is now be- cilities, the average monthly cost for leaders they couldn’t sue, we are going fore us would create operating rules to water will jump by 49 percent. to give $2 billion to the folks who pol- lessen the risk of blackouts, but it does As far as I can tell, this is another luted your water but not a penny for not overcome that region’s fragmented one of these unfunded mandates we you. line of authority where control is like to pass around here. You have I wasn’t on that side of this argu- shared by 23 different power and trans- problems with water contamination di- ment. Nevertheless, that is what is in mission companies. The bill before us rectly caused by a contaminant that this bill. prevents the Federal Energy Regu- was manufactured by large conglom- There are many other problems in latory Commission from setting up re- erates. They have deep pockets, and this bill. The numerous rollbacks of en- gional transmission organizations—so- they could at least participate or con- vironmental and health protections called RTOs—that can effectively co- tribute to helping to clean up water deeply concern me. ordinate transmission on a regional systems on Long Island, across New I hope we will be able to revisit those basis. York, and across our country. and try to figure out ways to avoid

VerDate jul 14 2003 03:02 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.126 S19PT1 S15172 CONGRESSIONAL RECORD — SENATE November 19, 2003 turning the clock back on making our We could have done more to avoid tion, they do not understand what they air cleaner, on helping people avoid the having 2.2 million lose, but the con- have to do to continue to get whatever ill effects of pollution and contami- ferees chose instead to spend $12 billion State program is available because nants in their emissions. on a slush fund for private insurers and they have to sign up for a new Medi- But there is so much else in this bill $6.8 billion on tax breaks that will un- care benefit program to continue with that, unfortunately, I believe will set dermine insurance coverage even be- EPIC. us back. It is a shame because there yond Medicare. I recently heard from the people who are many ways this could have turned It is fair to say this bill threatens are finalizing the bill that the new out differently, that we could have had benefits that people already receive formularies, limitations on phar- the good provisions without so many of from their employers. There is no argu- macies, and higher copays will not only the egregious ones being put into this ment it is going to take that reality affect seniors in State prescription pro- legislation. and turn it into something other than grams but also veterans who depend on I will now turn to the other issue we what it is. It is a bitter pill to swallow. the VA and members of the military in are confronting in the Senate. I don’t This bill also threatens to reduce TRICARE, many of whom currently see how we can deal with a Medicare drug coverage for the 6 million people pay very low and in some cases zero bill of this significance at this time who are eligible for both Medicare and copays. Again, the millions who have when, so far as my office knows, we Medicaid. I have spoken about the so- coverage throughout these programs still do not have the final bill as I came called dual eligibles before because will be worse off than they are now. to the floor. We will have a lot of ex- they are the people about whom I am What about the issue of premium plaining to do to our constituents. most concerned. They are the lowest- support? For those 6 million seniors af- Every Member hoped we could get a income, sickest Medicare beneficiaries. fected by the premium support experi- bill to provide a prescription drug ben- Many rely on Medicaid right now for mental demonstration, overall Medi- efit for our seniors. They need it and drugs because Medicare does not cover care premiums will increase yet again; they deserve it. I wish I could support drugs. This bill bars Medicaid from this time, as the price of privatization. MedPAC has studied this issue and this bill. Analyzing what we are able to providing drugs not covered by the new found that private plans cherry-pick. find out and what the likely impacts Medicare plan. That is a departure That means they pick the healthiest will be leads me to conclude that not from the practice for all other Medi- seniors to be in their plans. That is only will this bill not deliver on the care benefit gaps. This will affect nurs- how they make a profit. If you are in- promise of a drug benefit for our sen- ing home residents, people with dis- suring the healthiest people, you do iors but it will mean the slow, but abilities, and the truly indigent nation- not have to pay as much money as if steady unraveling of the Medicare sys- wide. We estimate it will affect 440,000 you insure people who are not so tem. in New York alone. healthy. Therefore, they try to attract Let’s look at some of the people who If we look at the New Yorkers who the healthiest beneficiaries. That way, are eligible for both Medicaid and will be directly affected by this 1,100- they get a big payment for those page bill. I cannot avoid mentioning Medicare, right now they can get ac- healthy beneficiaries and they, frank- this is a long bill. I am not sure anyone cess to any drug they need and they ly, do not have to pay much out when has read it yet—maybe some staff per- can access most any pharmacy. This it comes to beneficiaries needs. son in the basement has read it all— bill will increase their copays, limit The GAO has said the population is but it is 1,100 pages. I remember an- their choice of drugs, and restrict the so much healthier that the other long bill 10 years ago, a bill to pharmacy network. Medicare+Choice plans are now over- change the whole health care system, HIV/AIDS patients are particularly paid by 19 percent when one considers not just tinkering with Medicare and affected since this bill only requires the health condition of their bene- trying to provide a benefit. coverage of two drugs in any class. ficiaries. A lot of our seniors are asking: What HIV/AIDS patients need multidrug If fee-for-service has to compete and does this mean? Who can tell me what cocktails that may require more than it is the only plan willing to continue is in it? How will it affect me? On an two such drugs and often require very to serve the sickest and costliest pa- individual level, that is an impossible specific medicines that are prescribed tients, anyone who wishes to keep question to answer. We do not know for their condition. Some drugs they their regular fee-for-service Medicare who is a winner or loser. My office is might take or have taken for a period will see their cost rise, probably up 5 being inundated with calls from con- of time could eventually encounter re- percent each year. But who knows how stituents, asking: I am a senior in New sistance within their bodies. For those high that percentage will go in the fu- York City living on a small pension; patients, this provision on dual eligi- ture? Ultimately, the 6 million seniors what does this do for me? Or a widow in bles does a grave injustice. across the country who are going to be Buffalo, with high drug benefits: What The millions who currently receive put in the demonstration experiment does this do for me? We do not know coverage through State prescription will pay more just to maintain their yet. drug assistance programs, such as the Medicare benefit. Here is what we do know. At first one we have in New York called EPIC, This is not just an academic exercise glance, there are a number of groups are also at risk. In New York, over for me because New York is likely to who definitely lose under this legisla- 400,000 seniors, nearly a quarter of our be one of the States with residents cho- tion. The numbers in the groups add up Medicare beneficiaries, rely on EPIC, sen for this experiment. Our seniors to about 25 percent of all Medicare re- which does not have a formulary and will be used as guinea pigs, so to speak, cipients, 10 million or so. This bill often offers better coverage than what in the rush to try to in some way prove causes retirees to lose benefits they a senior will be able to get under this that Medicare, which has the most currently have. At least 2.2 million re- bill. The compromise in the bill puts cost-effective delivery system, which tirees will lose under this deal and over seniors in EPIC at risk of a new for- has provided a guaranteed benefit that half of them have incomes below mulary, higher copays than they have is the same across the country now for $30,000. In New York, over 200,000 Medi- now, and places limitations on the nearly 40 years, is somehow inadequate care beneficiaries are likely to lose pharmacies they can use. It will force and unable to really deliver the goods. their retirement benefits. the New York Legislature to change So we are going to see what happens As a result, my phones are ringing off the law and the design of EPIC, assum- when over 500,000 New York seniors the hook over this. People are saying: ing they even want to continue it. who reside in areas that could be cho- I have good benefits; I do not want this I have also asked that seniors who sen for premium support are thrown if it will take away the good benefits. will either have to disenroll from the into that mix, and told that you are I have to say, honestly, based on my current EPIC plan or will have to en- just going to have to pay those higher reading, the assessment on the num- roll in two plans to continue to qualify prices, and just shovel that money out bers who will lose, I may even be a lit- for drug coverage be given a grace pe- the door to the HMOs and other health tle conservative. Nevertheless, there riod so they are not penalized if, in the insurers that are going to be standing will be a loss. confusion and disruption of this transi- there with their hands out.

VerDate jul 14 2003 03:02 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.129 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15173 But the bill does not just create a by 2013. I think that is a burden for has many choices in the first year, radical scheme for Medicare; it really seniors if the benefit they return is not 2006. He looks at his choices. He has does take aim at our whole system of guaranteed all year, every year, and if PPOs and HMOs and private drug plans insurance by the inclusion of these so- it, in and of itself, may not even meet and Medicare. He has choices. So he called HSAs. They used to be called the cost they put into the system. takes a look at his choices and decides MSAs, medical savings accounts; so I have heard from some analysts that to stay in traditional Medicare. He now I guess they are health savings ac- the break-even point for seniors in this picks the private, stand-alone drug counts. The new name does not change bill is $835. Now, 40 percent of seniors plan with the lowest premium of $35 a the fundamental problems with these spend less than that on drugs each month. proposals. year. According to the analysis I was He gets into that plan. By promoting these accounts, these given, this bill will actually represent Then he discovers, too late, that his provisions will allow wealthy and a net loss to 40 percent of our seniors if drug that he has been taking for a few healthy seniors to get tax benefits. But they join. That is a lot of seniors. We years is not on the private insurer’s it would also mean increased premiums are talking about 16 million or so. formulary. So even though he has had of as much as 60 percent for those who They will end up paying more in costs bad side effects from the drug that is wish to keep their current private in- in premiums than they receive in re- listed, he has to go through a lengthy surance. turns. So when all is said and done, appeals process. Although he eventu- To arm the enemies of Medicare, this is a bill that decreases some peo- ally wins his battle with the private in- there is a so-called cost containment ple’s benefits, eliminates other people’s surer, he has had to pay out of pocket provision which designates an arbi- benefits, and costs more to many. for the drug in the interim. trary cap on Medicare. We are bound to I think history has demonstrated the hit that cap as the baby boomers age. political repercussions of such experi- So suppose what he is suffering from Once we hit it, that guarantees that ments that go right to the heart of is, let’s say, diabetes—a very common current Medicare benefits will be on what people value the most; namely, disease among our seniors. In the proc- the chopping block year after year. So their health. ess of trying to get on the right drug, I have to send out a big warning to ev- But now, even though there are many trying to pay for the drug he has been erybody on Medicare, but also to those losers in this bill, I want to be fair. on, he is locked into this plan and he like me who are not that far away from There are also some winners. They are cannot change until the next year. Medicare, that we are looking at the many industries and some individuals. Now, let’s go to year 2, 2007. So let’s dismantling of this program, and we But there are winners. A recent study say the private drug insurer plan the are moving back toward a survival of found this bill will give drug companies senior was in has dropped out of Medi- the richest and the fittest. a $139 billion windfall. Because there is care, which happens all the time be- Now, considering all those harmed by no cost containment in the bill, the cause its low premium, the $35 a month the bill, you would think we would be drug companies are assured of their premium, could not sustain enough getting a generous drug benefit out of profits. profit. But our elderly gentleman does all of this. Well, in fact, we do not. Furthermore, the health plans—al- not mind because he wanted to switch Many seniors will be paying more out ready overpaid 19 percent compared to anyway. He did not want to stay in of pocket for drugs under the skimpy what Medicare is paying for seniors in that drug plan because they did not benefit in this proposal than they are traditional Medicare—will receive an- treat him well. now without any so-called drug benefit other 7 percent on top of that in addi- So he chooses another private drug at all. tion to the $12 billion slush fund in this insurer and he pays a higher premium. Every single senior in this country bill. This time he decides to go with a more will pay more out of pocket than they Now, there may be some help in this expensive premium, thinking he is do now for doctor services in 2005. That bill for some of the 12 million or so going to get more of what he needs. He means that before the drug benefit Medicare beneficiaries without any pays $50 for drug coverage on top of his even starts, seniors will be hit with in- kind of drug coverage—not through now $79 Part B premium. But he makes creased cost-sharing. Seniors can ex- Medicaid, not through absolutely sure his drug for diabetes is pect a 10- increase in their Part B de- Medicare+Choice, not through the VA, on the plan’s preferred drug list and he ductible right away, and yearly in- not through TRICARE. They simply do can continue to see his doctor. creases after that for the first time in not have it. Maybe some among those During the year, however, the private history. Those increases are pegged to 12 million might be winners but only if insurer changes its formulary—there is grow at a rate faster than seniors’ So- they make it through a thicket of con- no rule that says it cannot—so that his cial Security checks. fusion and hit a moving target. drug gets assigned a higher coinsur- In addition, the drug premium may Because, let’s face it, this is a very ance amount. Although the plans can be $35 a month, on average, but it in- complicated bill. It is going to be very change what they cover during the creases so quickly that seniors will be complicated to implement. I remember year—it can be the old bait and switch: left paying more and more for little ad- hearing a lot of complaints about that Sign up with us. Your drug is on the ditional benefit. bill of 1,300 pages, the Health Security formulary; and 6 months later, no, it is As we know, this bill creates a new Act back in 1994, and that dealt with not—the senior cannot get out of the insurance structure where seniors will the entire health care system, not just plan until the year is up. continue to pay premiums for part of with seniors. the year even though they are receiv- Now, all signs show this bill is not So year 3, our senior does the math. ing zero benefit at the same time. Now, seeking to add prescription drugs; it is This is a man who has really been I don’t know. I don’t think we have seeking to change the whole health working on this. He has spent a lot of ever passed an insurance plan in this care system. I have to give them cred- his waking hours trying to figure out country where you are told you have to it, they got it to 200 pages less, so that this maze of so-called benefits. pay all year but there are going to be is some accomplishment. To stay in traditional Medicare, he a few months in the year that you I think we ought to look at what is will pay the monthly premium of $83 in don’t get sick, don’t get hurt, don’t going to be facing seniors as they try 2008, plus at least $50 for prescription have an accident because you will be to make decisions about their health drugs, in addition to relatively high co- out of luck. care. payments. The private insurer he was There is not an insurance commis- What I have done is to take the tales with has dropped out. If he joins an sioner in this country who would glad- of two seniors, to look at what the dif- HMO, he can pay $75 for base Medicare ly allow such an insurance policy to be ferences would be, and what a typical coverage, plus $42 for prescription drug marketed in their State. Yet here we senior would face when trying to deter- coverage. Now he is up to $192 a year are. Seniors will pay premiums, even in mine what they could have under this extra to stay in regular Medicare, and the so-called gap months, when they bill. he has to worry about whether or not have no benefits. The first tale concerns a retired the private drug plans are going to Then the $35 premium goes up to $40, small business owner in New York change on him again as they have in and then nearly doubles, reaching $60 City, an urban senior. Now, this senior the past.

VerDate jul 14 2003 03:02 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.132 S19PT1 S15174 CONGRESSIONAL RECORD — SENATE November 19, 2003 You could make this even worse be- mine with whom she can go and who is full burden of trying to figure it out cause suppose that the HMO plan no going to take best care of her because won’t really fall on anybody until 2006. longer recognizes his doctor, and if he if the HMO comes, maybe it will at- And if you look at this chart, it is kind joined he would be stuck again for an- tract some competition. And let’s say of hard to draw any other conclusion. other year. It just goes on and on. I am that another private drug-only insurer If you are a retiree, you would have no not looking forward to explaining this shows up. Medicare is providing bo- idea of knowing whether your former to my 84-year-old mother. We are going nuses to private plans who come to the employer will keep you or drop you. If to have to set up a whole gigantic bu- area. So as a result, remember, even if you are poor, you be poor enough to get reaucracy of individual case counselors it only lasts for just a year, even if it coverage under Medicaid. And if you to try to explain to seniors what this doesn’t have your drug on the for- are, you may no longer get all the cov- all adds up to. And this maze, this to- mulary, even if it no longer is afford- erage you need for your needs. If you tally confused picture, is what is available for you, once you have two com- are sick, will you be sick enough to be able in an urban area where at least peting private insurers, there is no fall- covered under Medicaid, and under this there are choices for seniors. Let’s look back plan as an option. So the senior bill will Medicaid really cover your at what happens to a woman who lives faces the so-called choice of monthly particular health care needs? If you are in upstate New York. premium increases of $24 to stay in train a nursing home, are you going to be Let’s pick an 85-year-old widow who ditional Medicare or just $1 more per really left to fend for yourself in a has had a stroke. She hasn’t had drug month to join the HMO. Given that nursing home in a State prohibited coverage before. She has lived on a So- this difference is $288 a year, it is not from providing Medicaid wraparound cial Security payment and a small pen- even a choice. That would wipe out her funding. And your health needs will sion from her late husband. She took annual increase in Social Security ben- compete with those of children and regular trips across the border to Can- efits. other needy people? If you are in a ada, though, because we are lucky in She feels forced to go into the HMO. State prescription drug program, you upstate New York. We can just go right She loses her doctor, she loses the drug will pretty likely be a loser as well. If across that border, or we used to be that she needs, and she has to go you are in the premium support guinea able to go right across that border. She through an appeal. I can guarantee could afford those drugs because they pig category, good luck, because I you, there is not going to be a lot of were a lot cheaper, and they were abso- think you will see that you are going appeals courts in isolated areas like lutely the same drugs. She takes five to have an amazing obstacle course to the North Country. So it is going to different drugs on a daily basis. try to run. In the first year, 2006, no private take a while even to go through this. I must say many of the obstacles HMOs or PPOs plan to come to her Now this 87-year-old woman is having confronting our seniors are triggered town. She is up in the north country, to fight for, litigate for, argue for the by decisions we have had made for us up near the Adirondack Park. For any- drug her doctor says she needs, or her in this conference that was quite small body who has been up there, it is really former doctor, because she can’t go to in number and exclusive in member- beautiful. It is isolated, and it is really him anymore because there is no af- ship and came out with a product that rural. She loves living there, and she fordable regular Medicare fallback. So is going to be very hard to defend. It wouldn’t live anywhere else. she is stuck with one of these two pri- will be particularly hard to defend if Well, she has never had any of these vate plans. Here today; gone tomorrow. we look down the road and we see the private plans in her community before, The lesson I draw from this is wheth- threats to Medicare on the horizon. and she doesn’t know what is going to er you live in a rural or an urban area, I have heard colleagues say—and I re- be available to her. So two of the new your choices are tilted toward enroll- spect this—that this bill is not perfect, private drug-only plans are offered. ing in HMOs and PPOs. I think that is but it is all we could get. I understand One has monthly premiums of $60; the a shame. that perspective. There is good and bad other has monthly premiums of $50. Medicare’s strength, a reliable sys- in every bill. I don’t think since I have The lower premium plan has a com- tem of coverage and predictability, will been here I have voted for a perfect bill plicated set of copayments that tends have been replaced by a complex, in- or voted against a totally bad bill. I to be higher, when you add it all up— sured-driven, cherry-picking system. understand that perspective. I am assuming somebody helps you figure There may be some seniors who will be grateful this bill does take steps to out how to add it all up—than the high- helped under this bill. I hope I am help our rural and small community er premium plan. But she goes ahead healthy enough when I reach that age hospitals to resolve some of our teach- and chooses the $50 plan, and she sees that I am not going to be disadvan- ing hospital issues and to address the some relief. But she calculates that taged by whatever we have in place, absolutely compelling physician pay- with annual drug costs below the cata- but I find it hard to explain how we ment issues. We should be addressing strophic benefit, she is still not getting could end up with a bill that is so much those important matters, but not in a very good deal because for her, she is narrower, so much more uncertain the context of a bill which will further still paying about 70 to 80 percent of than the bill that received a majority undermine the program providing the what she had before. of votes in the Senate last year, the capacity for hospitals and doctors to Now year 2—and this happens all the Graham-Miller-Kennedy bill. provide decent care at an affordable time in rural areas, as we know—the Among those who might gain under cost. private plan drops out of Medicare. this bill, they are not only small in This bill has too many flaws for us to That is a common experience for rural number, they don’t even know who go forward. The privatization scheme residents. So Medicare must provide a they are. I asked seniors this morning that is tied into this bill, in a box with fallback plan. This plan seems quite at a big meeting: Who among you a big bow saying prescription drugs, is good to our widow. She pays $5 less knows for sure that you won’t get hit one that will make structural changes than what she paid in the private plan by the fine print in the bill? How many to this program which has been the the previous year, and her prescription of you really believe you are winners bedrock of protecting our seniors and drug benefits are covered. But year 3 under this bill? Don’t you wonder why guaranteeing them the health care the local papers announce that the nobody is really telling you everything they have needed. payment rates for HMOs, which are 30 you need to know to be an informed So I hope we can still salvage this percent above the local cost of tradi- citizen, to make a decision in your own bill. I hope we can still try to keep tional Medicare, have finally attracted mind that you can then tell your elect- faith with our seniors. I think we an HMO to the area. Remember, we are ed officials what you think should be should postpone dealing with it beyond pumping all this premium subsidy out done? the forced deadline of right before there. We have billions and billions of We are on a course to passing a bill Thanksgiving, so that everybody has a dollars to entice folks to come to the where no senior watching or listening chance to read and evaluate it. North Country and other areas. to this debate is going to be sure that But if we are required to go forward, Well, this creates a dilemma for our he or she will be helped. We have then I certainly cannot be a party to a senior because she now has to deter- pushed it past the next election so the bill that I think will undermine health

VerDate jul 14 2003 02:48 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.135 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15175 care for our seniors, fail to provide the debate on the Energy bill. Frankly, I can sell a gun, under what cir- benefit that is advertised, and lead to think it is a bit overdone. Some sen- cumstances. They have to sign a state- the slow and steady unraveling of ators have said that if a company ment, and there is a waiting period. Medicare, which I consider to be one of makes a product, the company ought They have to certify that they are not the great achievements of our country to pay for it if their product causes a drug addict or they have not been in the 20th century. damage. But that is not true. That is convicted of a felony. Then they can On behalf of the hundreds of thou- not the law in America. buy the gun, under certain cir- sands of seniors I represent, who are That is not classical American liabil- cumstances. States have even more definitely losers under this bill, I have ity law, tort law. As a matter of fact, rules, and they comply with that. But to respectfully request that we go back it is an indication that this Congress they want to go further. They want to to the drawing board, that we try once and this country is losing its discipline sue the gun manufacturer because again to do a job on a bill that will on what is a legitimate basis for a law- somebody took a legal product, sold ac- really help our seniors, and that we not suit. cording to Federal law, and used it for take steps that will undermine the You can say, well, they made MTBE a crime. They want to sue the gun guarantee of health care under Medi- and it got into the water system in this manufacturer because I guess they care. community; therefore, the maker of think the gun manufacturers have a I yield the floor. MTBE ought to pay for it. They say deep pocket of money. That is not what The PRESIDING OFFICER. The Sen- that is what the law ought to be and we ought to be about. ator from Alabama is recognized. they ought to pay. The MTBE was essentially a Govern- Mr. SESSIONS. Mr. President, is Would somebody say Folgers should ment requirement over a decade ago. It there a time agreement? be responsible if a Folgers brand of hot is an oxygenate. It was produced and it The PRESIDING OFFICER. There is coffee burned somebody in a McDon- did what we required to be done in not. ald’s restaurant, or that McDonald’s order to improve air quality in Amer- Mr. SESSIONS. Mr. President, I should be liable? If somebody takes a ica. The EPA could have stopped it if don’t think we are rushing into the can of Campbell’s soup and smashes a they had wanted to, but they never prescription drug bill, nor are we rush- guy on the head with it, is the maker stopped utilization of it. It was encour- ing into the Energy bill. We have been of the can of soup liable? Certainly not. aged. It was passed by Senator wrestling with those bills for an inter- Let me share a couple of things. DASCHLE, who introduced an amend- minable period of time—years. They After 9/11, we realized we were facing a ment that required it to happen. Ev- have been up and down and debated and situation in which airlines had suffered erybody knew MTBE would be the discussed, and conferees have worked a dramatic loss of ridership. Somebody product utilized more than any other their hearts out on these bills. woke up and said: Wait a minute, they product as an oxygenate to meet the We are spending, on prescription are going to sue the airlines for 9/11. environmental regulations. drugs, an additional $400 billion. I don’t Why? Well, maybe somebody was So you say, well, if they put it in the believe anyone is going to be hurt by asleep at the switch when a terrorist water system, they ought to be liable. this effort. AARP has reviewed this bill got by, so we can sue them. They think Right, if they put it into the water sys- and they support it. They would like it the airlines have a lot of money and tem, they ought to be liable. But if to spend even more, but they are sup- they can pay for everybody and every- they didn’t put it in the water system, portive of this bill as a historic effort. body will make lots of money. We can they ought not to be liable. It is get- There is no doubt, with regard to pre- attach liability to them. ting into water, but not because it is scription drugs, that there is the po- Congress, in considering that, passed burned in the engines and goes through tential to provide the poor in this legislation that would compensate the the environment and settles into the country, many of whom this very day victims in New Jersey and their fami- water. The argument is that some are choosing between food and drugs lies for $1 million or $2 million each. As water aquifers are being polluted with that they need for their health, with a consequence of that, they would MTBE as a result of leaking from prescription drugs essentially for free, waive liability claims against the com- tanks and from pipelines and matters up to 150 percent of the federal poverty pany. The airlines’ planes were seized, of that kind. level. A huge percentage of the seniors commandeered by terrorists. In truth, It is legitimate, fair, legal theory in this country are going to have ac- in the history of America, under clas- that if a manufacturer of MTBE al- cess to necessary prescription drugs, sical law, the airlines are victims just lowed its pipeline to leak or allowed virtually free, under this bill. as much as the owner of the Trade Cen- the storage tanks to leak and the If there is any problem with it, I sug- ter towers is a victim. We are in a situ- chemical got into the water system, gest that maybe we have done a bit too ation in which the lawsuits in America, then you can sue him. That is what we much, that we could have been some- having eroded classical constraints on ought to be doing. what more restrained and focused less them, too often are successful in suing As I understand the language in this universally on this bill. But conferees whoever is standing around—whether bill, it does not prohibit that kind of debated it and it is a bipartisan effort they have any real liability or not. lawsuit. If you allow it to escape neg- by Democrats and Republicans in both I think about the gun liability ques- ligently into the system, then you are the House and the Senate. Now we have tion. There are over 60 Senators, in- liable. That is what classical American a bill and we will have to see how it cluding Democratic Leader Tom law is all about. That is what it has al- goes. Daschle, who support legislation to ways been about. However, it has never I hope to be able to support it be- protect gun manufacturers, under cer- been about the producer of a substance cause I told my people in Alabama that tain circumstances, from liability. being liable for pollution if somebody I wanted the people who could not af- Why? Because cities and other groups, else takes it and dumps it into the ford drugs to have them paid for. This for political reasons, are suing the gun water system of America. How ridicu- change does, fundamentally, make manufacturers because someone used lous can that be? The person who sense. At the present time, we pay for their gun and committed a crime with dumped it in the water system is the your surgery, we pay for your heart op- it. one who ought to be liable and ought erations, but we will not pay for the Well, under the classical rule of law— to pay. drugs that we know will help prevent a and I used this defense in one case—a As I understand the language in the heart operation. We will not pay for person is not responsible for an inter- bill, that is all that it says. You have the drugs that could avert the need for vening criminal act. The gun manufac- to be the one who was responsible for a kidney transplant, but we will pay turers make a gun that does what it is letting it get into the water system. for the kidney transplant. It is an odd supposed to do. You aim it and point it Maybe it is a local gasoline distributor thing. and a bullet hits something or some- who has a bunch of old tanks that leak I will take a few moments to talk body. That is what the gun is supposed and that person allowed it to get into about the MTBE question. It is a mat- to do. The Federal Government passes the water. Is a manufacturer some- ter that has become a big point in the legislation about how and to whom you where that didn’t have any contact

VerDate jul 14 2003 02:48 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.137 S19PT1 S15176 CONGRESSIONAL RECORD — SENATE November 19, 2003 with this company liable for the leak? Mr. GREGG. Will the Senator yield perhaps made the person overweight Certainly not. If we have any legal dis- for a further question? and obese, but they are not responsible cipline left in this country, certainly Mr. SESSIONS. The person who for it. Should Congress act? not. But that is where we are heading. caused the action, made the house un- I think it is perfectly appropriate and I also know there have been a good inhabitable, that is who should pay; fair that the Congress set the rules for many problems with leaking tanks in not the person who made the sub- litigation in America. We established this country. There is a big trust stance. when the statute of limitations runs. fund—I believe there is $2 billion in Mr. GREGG. Will the Senator yield We established a lot of rules. In fact, that fund—in case the gas station or for a further question? we established basically that MTBE the small gasoline distributor has gone Mr. SESSIONS. Yes. should be used. It was a congressional bankrupt, doesn’t have insurance, or Mr. GREGG. Is it the Senator’s posi- action that required this to be done be- doesn’t have any money. What happens tion that if a person cannot use their fore I arrived in the Senate. then if some of these even more dan- house, cannot use the water, cannot I don’t know how the Senator from gerous chemicals, certainly more dan- take a shower, that person should be New Hampshire voted on that legisla- gerous chemicals than MTBE, leak? barred from suing the potential people tion. It was a good Government envi- Who would pay? This fund will pay. who are responsible for that and that a ronment bill at the time. Senator The point is, Shouldn’t we make sure State that has brought an action on DASCHLE, I believe, was the prime spon- we are thinking clearly about this that issue should have a law passed by sor of it. issue? What is wrong with having with- the Congress which says that action The question is this, Companies in this legislation language that af- brought by that State will no longer be make a substance. Somebody else spills firms a classical understanding of li- in existence? it in the environment. Now we are ability? That is what it is all about. Mr. SESSIONS. Two questions there. going to have the person who made it, Companies get nervous. You get a One is the existing lawsuit question. because maybe they have good insur- water system that has some MTBE in The Senator makes a legitimate point ance, pay for cleaning up any place in it, which is not a cancer-causing sub- and expresses a legitimate concern. America that this stuff was spilled? I stance, it is not a disease-causing sub- Frankly, I am not sure it is fully meri- don’t think so. Of course, we have in stance, according to every report I torious, but he certainly raises a legiti- this bill liability protection for eth- have seen. If enough of the substance mate concern. anol, and the House stuck in the liabil- gets into the water, it will have a bad The second point is, Who should be ity protection for MTBE. It really was taste and unpleasant smell, and it is responsible? That is the question. That not considered in the Senate, I admit, bad—we don’t want it in our water sys- is all, as I understand it, this legisla- but I think it is appropriate we follow tem—but it has not proven to be any tion deals with. through with it. At least I believe kind of significant health hazard, to If this legislation were to say that there is a strong justification for it. I my understanding—— the person who is responsible for put- don’t believe this bill should be Mr. GREGG. Will the Senator yield ting the MTBE in a New Hampshire blocked on that basis. at that point? citizen’s home was not liable, I would Mr. TALENT. Will the Senator yield Mr. SESSIONS. Yes. oppose it. But if they took asphalt and Mr. GREGG. Has the Senator been in for a brief question? dumped it in somebody’s home, should a home that has MTBE pollution? Mr. SESSIONS. I will be delighted to Mr. SESSIONS. No, I have not. the asphalt maker be liable if they yield. Mr. GREGG. I suggest the Senator— were not responsible for putting it in Mr. TALENT. I wonder if the Sen- Mr. President, I ask the Senator a that home? That is the legal question ator’s position isn’t similar to mine, on question—I suggest the Senator might with which we are dealing. the point the Senator from New Hamp- want to go to a home with MTBE pol- Mr. GREGG. Will the Senator yield shire raised, that we at least should lution before the Senator makes the further? not refuse to vote on a bill that could representation the home is livable. Mr. SESSIONS. I yield. mean millions of jobs for everybody in Mr. SESSIONS. I didn’t say the Mr. GREGG. Is it, therefore, the Sen- the country in all sections of the coun- home. I understand the water smells. Is ator’s position that the determination try because of one provision in the bill the Senator aware of any report that of whether or not the person who pol- which could perhaps be fixed or com- says MTBE is a cancer-causing sub- luted the water in that home which is promised in some other legislation. I stance? no longer livable, can’t take a shower wonder if that isn’t the Senator’s posi- Mr. GREGG. I didn’t suggest that and can’t drink the water, that the per- tion. MTBE was cancer causing. The Senator son who seeks redress on that should Mr. SESSIONS. I think that is a very suggested it is not a health hazard. I have the Congress unilaterally decide good point. I know a number of Sen- ask the Senator, if a person cannot live that a product which appears to have a ators who favor this bill said they in their home, is that not a health haz- fairly significant proximity to the would be open to consider reforming it ard? If a person cannot take a shower, problem should no longer be subject to on a short basis if there was any abuse. is that not a health hazard? If a person liability simply because the product Any language of this kind deserves to cannot drink the water, is that not a has been designed in a certain way, and be carefully examined. I understand health hazard? that it should be the Congress—many New Hampshire has filed a lawsuit that Is that the Senator’s position, that if Members of Congress never having even might be prohibited by this legislation, you cannot live in your home, if you been in that home or a home of a simi- so I can understand the Senator from cannot shower, if you cannot drink the lar nature—that should eliminate the New Hampshire being concerned about water you, therefore, do not have a capacity of that individual to have re- that. health hazard? Is that the Senator’s po- dress in a lawsuit? Would it not be a From what I understand, if the fun- sition? court’s decision or jury’s decision to damental principle in the legislation Mr. SESSIONS. The Senator’s posi- make the determination if the product appears to be sound, I can be sup- tion is this—if someone polluted your was produced without defect, that portive of it. If, in its application, it is water so you can’t drink it, and did so product should not be liable rather unfair and unjust, I would be prepared to the required degree of negligence than the Congress unilaterally deciding to support reform. and liability, they are responsible for it that product should not be liable? Mr. TALENT. I thank the Senator for and should pay. Mr. SESSIONS. I thank the Senator yielding for a question. The question is, What if you didn’t do for the question. I think it is a good Mr. SESSIONS. Mr. President, I yield anything that justifies a lawsuit? What one. I just hosted and chaired a hearing the floor. if you had no connection whatsoever? on the question of restaurants that sell The PRESIDING OFFICER (Mr. You made MTBE and somebody takes food that might cause obesity. The COLEMAN). The Senator from Missouri. it and pollutes your house with it. Who question is, Is a restaurant that makes Mr. TALENT. Mr. President, it is a is responsible? I can tell you what the a good cake responsible for somebody’s real pleasure for me to come down and law has been historically in America. obesity? They made the product that speak on behalf of the Energy Policy

VerDate jul 14 2003 02:48 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.072 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15177 Act. I want to begin by congratulating which Missouri has a parochial interest ture. Access to affordable, stable sup- those involved in the conference com- but which I strongly support, would plies of energy of all kinds is a key to mittee who reached an agreement upon create more than 400,000 direct and in- this country’s prosperity and independ- it. direct new jobs just through the con- ence, and that is what it comes down I saw my friend, the senior Senator struction of the Alaska natural gas to. from Iowa. He certainly did yeomen’s pipeline, which will at the same time Those of us on the Energy Com- work on behalf of a provision that is bring affordable energy to the lower 48 mittee, on both sides of the aisle in the very important to us in Missouri: The States, 38,000 direct jobs, 80,000 indirect Senate, have had that target in view renewable fuel standard, as well as the jobs, an estimated 400,000 jobs from the from the minute that we began writing biodiesel tax credit. I am going to multiplier effect. The investment the this bill. The Senator from Tennessee begin my brief remarks and end them bill provides for in clean coal tech- is certainly well aware of that because by commenting on those provisions. nology creates 62,000 jobs; 40,000 con- of the major part that he played in it. They stand to create hundreds of thou- struction jobs created by the construc- I close by talking about the special sands of jobs in the short term around tion of approximately 27 large new importance of the renewable fuels sec- the country and in the long term have clean coal plants. tion of this bill. Everybody back home the potential not just to revolutionize When we use this clean coal tech- is so pleased that we have recognized in family production by bringing in a nology and we make coal environ- this Congress, by an overwhelming whole new wave of value-added enter- mentally safe, we secure America’s en- margin, the importance of ethanol and prise but also help create energy inde- ergy future because we have hundreds biodiesel to this Nation’s energy sup- pendence for this country. of years of reserves of coal. There is no ply. The bill will increase ethanol pro- As we have said on this floor on reason not to move forward so as to duction and the use of ethanol many occasions, when we are able to create the possibility of reliance upon throughout our national economy to 5 grow our own fuel, by growing corn, by that even more greatly in the future, if billion gallons by the year 2012. It will growing soybeans, and turning them necessary. create 214,000 jobs, $5.3 billion in new into fuel that we can burn in our cars, The renewable fuel standard I will investment in renewable fuels produc- it just revolutionizes international re- discuss in a few minutes. Nuclear en- tion facilities. The biodiesel tax credit lations in the world and also helps the ergy, building a first of its kind nu- of a dollar is groundbreaking for the environment and protects the economy clear reactor to co-generate hydrogen production of biodiesel in this country. as well. This bill is a major step in that will create 3,000 construction jobs and With this tax credit, we can expect bio- direction. For that reason alone, I 500 long-term high-paying, high-tech diesel, in just a few years, to be in the think it deserves to be voted on and jobs. I toured the nuclear energy plant same situation that ethanol is now, passed. in Missouri in Callaway County just a and a few years after that the situation There are provisions in this bill, as few weeks ago. It is the wave of the fu- that ethanol will be in in the future, the Senator from North Dakota said ture. We can have more nuclear energy one of the mainstays of energy produc- before in his very eloquent remarks, plants like that securing energy for our tion. These are a key to value-added that all of us would pick out or change people around this country. This bill is enterprises as well. if we could. But this is one Energy bill a key to achieving that. I will never forget on a day I was that this Congress has had to write for Some examples of job losses that the traveling around central Missouri and I a very diverse country. I would sug- Energy Policy Act will prevent in the talked to some corn farmers and they gest, when we are trying to come out of future, these are job losses we have had were talking about commodity prices. a recession, when we are trying to cre- in the past: The Potash Corporation, They were pretty depressed, and there ate jobs, when we are trying to achieve one of the world’s largest producers of has been a lot of reason to be depressed energy independence for this country, fertilizer products located in North- about prices of corn in the last 2 years. now is the time for statesmanship, not brook, IL, and Canada, that spends $2 They did not really see a lot of hope. obstruction. Now is the time for com- million per day on natural gas, has an- These were great producers, efficient promise rather than confrontation over nounced layoffs at its Louisiana and producers, but they knew even if prices discrete points of a very big bill. Now Tennessee plants. creeped up, one change in the inter- is the time to move forward with all Economists predict that Louisiana’s national situation might push them the good parts of this bill that we know chemical industry will lose more than down again. Then I went to the ethanol are going to create jobs, that we know 2,000 jobs in the next 2 years. I have plant in Macon, the same kind of pro- are going to help create energy inde- had people come and visit me from the ducers, but these were investors in the pendence, that we know are going to be chemical industry saying they are ethanol plant. One of them pulled me good for the environment, with a view being forced to push jobs offshore be- aside. There was an air of optimism toward getting together afterward and cause of the high cost of energy. I have there, an air of energy. One of them helping to fix or reform the parts of the had manufacturers in Missouri tell me pulled me aside and said: Jim, the good bill about which we may have some that the high cost of energy and the thing about this is when the price of doubts. I hope we can do that. I hope unpredictability of the cost of energy corn goes down, I just make more we can get a vote on this bill. is driving jobs offshore. It does not money off the ethanol. That is what I hope in particular that we will not have to be that way. We can have an value-added enterprises mean to family see that weapon, the filibuster, hauled energy policy that encourages all dif- production in this country. out to stop us from even expressing an ferent kinds of energy—the traditional If we lose family farmers, if we lose opinion on the first national energy forms, the alternative forms. This bill the family production sector in this policy that this Congress has ever real- does that. country, we lose something that we ly passed. No, the bill is not really liked too cannot recover, the values that go with We have heard much discussion in much, if I may so, by those on the ex- an attachment to and a belief in the the last week or two about the impor- treme ends of either part of the polit- land. Value-added enterprises, of which tance of jobs. I very much believe in ical spectrum. There are some who do the chief is renewable fuel, is the fu- that. We cannot do anything we want not want the Government involved at ture for family producers. It is the fu- to do in this country, we cannot do all, even in stimulating the production ture for energy independence in the education, we cannot have health care, of supply of energy. There are others country as well. we cannot have defense, we cannot who for other reasons on the other side We are proud in Missouri, as I know have opportunity without prosperity, of the spectrum do not want the pri- the Presiding Officer is proud in Min- and we cannot have that without jobs. vate market to be stimulated for the nesota, of the leadership role we have This bill flat creates jobs. It will pro- production of energy. But Americans played in the production of ethanol. We tect hundreds of thousands of jobs are out there, Missourians are out expect to have a leadership role, we do, against being lost. It will create nearly there, worrying about the loss of their and expect our leadership role to grow a million. The natural gas and coal jobs, worrying about what opportuni- in the production of biodiesel. That is provisions, which are not those over ties are going to be available in the fu- what this bill provides for.

VerDate jul 14 2003 02:48 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.140 S19PT1 S15178 CONGRESSIONAL RECORD — SENATE November 19, 2003 I close by saying that although there of the Energy conference report and time when we could be stimulating the are many parts of the bill that are many Members have been to the floor economy is irresponsible. going to help Missouri, there is no talking about the prescription drug For Washington State, the numbers question about that, and I am enthusi- conference report as well. are similar. We have about 200,000 peo- astic about it, I am pleased to have Before we adjourn, whatever date ple in Washington State who will ex- participated in writing a lot of the bill, that is, sometime in the very near fu- haust their benefits in the first 6 and pleased to vote for it, there are ture, hopefully before the Thanks- months of 2004. I would rather those many parts of it I like. This renewable giving holiday, it is imperative that people be receiving some benefits and fuels section is really important to this body take a stance and pass the having the certainty of receiving those Missouri. Agriculture and tourism are unemployment benefit extension before benefits now, even if it is a shorter ex- the two biggest parts of Missouri’s we go home. tension period. economy. We are in the same position we were The challenge we ran into last De- This bill is a joint effort. I think it is in virtually a year ago. What has cember as we bantered back and idle for any section of the country or changed? The economy might have got- forth—and, actually, the Senate did any group of Senators who want a par- ten slightly better but not really much the right thing in the eleventh hour by ticular kind of energy to believe that better. We have a .4 percent improve- passing the unemployment benefit ex- they can get what they want for their ment in the unemployment rate. We in tension; the House decided not to act section of the country, or that they can Washington State are still just above 7 on it. What happened was we left many get what they want for the kind of en- percent in unemployment. Americans without certainty of the un- ergy supplies that they favor apart The reason we do the unemployment employment benefits. from a bill like this that helps every- benefit extension program at the Fed- Some of my colleagues believe noth- body pull together. We cannot unravel eral level is to help States, which in- ing happened, that when we got back in this thing and pass a bunch of different cludes those that have been hardest hit January we reconstituted that pro- bills. It is not going to happen. We are by unemployment, get some extra gram and people did not lose a thing. one country. We have to rely on many weeks of unemployment benefits. It That is not true. I know constituents different sources of energy, but it has has been a successful program in the who made alternative plans, not know- to be one policy. We have to have it all times of downturns of our economy. ing whether Congress had the intention in one policy. It is not going to be per- During the first Bush and Clinton ad- of extending the unemployment benefit fect, but it is going to make a dif- ministrations, when our economy was program. There was not the certainty. ference for the future. To the extent not doing so well, we basically ex- I had constituents who took money out that it is not perfect, we can work on tended Federal unemployment benefits of pension programs with 30 percent it. for a total of 30 months. At that time, penalties, basically trading off their I would so much rather have a view the benefits were at the Federal level, long-term investment for short-term of legislation that says, look, we would 20 additional weeks. return because they did not think we rather go ahead knowing that we will We are at this point in time now were going to extend benefits. take what is good and we can work on where we have extended the Federal We ought to give working Americans the things that we are concerned about program in this recession for about 22 some certainty that as this economy than stopping everything because we months. Yet while we have seen a continues to struggle, we are going to cannot achieve that perfection given slight economic improvement, as I be there with unemployment benefits. the state of human nature and the real- said, .4 percent, I believe it is not My colleague from Nevada has cited istic possibilities in which we have to enough to continue the improvements several times that many Members of operate. we would like to see in our economy. Congress voted to terminate this pro- I am going to be pleased to support In an economic downturn, make no gram. In the 1990s, after we had the 30 this bill. I urge Senators who have mistake about it, working Americans months of an extension of employment greater doubts than I do, or maybe who would rather have a paycheck than an benefits by both the Bush and Clinton have themselves dug in on one issue or unemployment check. But giving peo- administrations, and after we had a 1.2 another, to try to work out an arrange- ple an unemployment check in times of percent improvement in the unemployment with the bipartisan group of Sen- tough economic situations helps our ment rate, yes, we curtailed that pro- ators who have pushed this bill for so economy overall. Every $1 spent on un- gram. However, we are doing less now, long. I know the Senator from New employment benefits generates $2.15 of less under more severe economic condi- Mexico is ready to talk. The leadership stimulus. That is mortgage payments tions, than the first President Bush is ready to talk. I am hopeful we will paid, health care bills that are met, a and President Clinton did during that see the leaders on both sides of the continuation of the economy at the time period. They went for 30 months. aisle supporting this bill. They had a Federal program that was Now, as I said before, is the time for most stable level we can have when we 20 weeks instead of the 13 we have now, us to pull together and send a clear sig- are not seeing job increases. and they only curtailed the program nal to this country that we can and It is vitally important, before we ad- once they saw a better return to the will pass a comprehensive national en- journ—we have spent all this time de- economy. ergy policy that will create a stable bating judges and there was a good de- I encourage my colleagues to put this and affordable supply of energy for bate on both sides—we get back to bill on the priority list for the next years to come and allow our entre- some of the basic issues that need to be several days. Let’s figure out a way to preneurs, our manufacturers, our farm- accomplished before we adjourn. Cer- give unemployed Americans some cer- ers, our small business people, to move tainly unemployment benefits, I be- tainty as they face the holiday season. ahead with the predictability that a lieve, should be that priority. Let’s give those millions of people who stable energy supply gives them. What is going to happen in December are going to be impacted by not having I yield the floor. if we adjourn sometime next week— I suggest the absence of a quorum. this program expires at the end of De- this Federal program continued some The PRESIDING OFFICER. The cember. What is likely, if that happens, relief and know we will be also holding clerk will call the roll. is we will see 90,000 people at the na- up our economy. Let’s not say to peo- The assistant legislative clerk pro- tional level fall off this benefit pro- ple that this Congress went ahead and ceeded to call the roll. gram and as many as 2 million people passed tax cuts for the wealthiest of Ms. CANTWELL. Mr. President, I ask in the first several months of the year Americans, did a variety of things that unanimous consent that the order for could be without unemployment bene- may have been targeted tax credits, the quorum call be rescinded. fits. but failed to extend to hard-working The PRESIDING OFFICER. Without Like many of my colleagues, I hope Americans the unemployment benefit objection, it is so ordered. the economy improves. But I don’t program into which they have paid. UNEMPLOYMENT INSURANCE EXTENSION think we are seeing an indication it UNANIMOUS CONSENT REQUEST Ms. CANTWELL. Mr. President, I will improve that rapidly that soon. To I ask unanimous consent that the know we are still under consideration leave these people without benefits at a Senate proceed to legislative session

VerDate jul 14 2003 02:48 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.142 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15179 and the Finance Committee be dis- bers will be allowed to come to the cently, his remains were discovered charged from further consideration of floor to express themselves with regard and identified through the Joint Task S. 1853, a bill to extend unemployment to this legislation. We encourage them Force Full Accounting operation in insurance; that the Senate proceed to to do so. Vietnam. Next month, on December 19, at long last, 31 years to the day after its immediate consideration; the bill be f read the third time and passed, and the his final mission for our country, motion to reconsider be laid upon the MORNING BUSINESS Major Cooper will be laid to rest with table. Mr. FRIST. Mr. President, I ask full military honors in Arlington Na- The PRESIDING OFFICER. On be- unanimous consent that there now be a tional Cemetery. half of the majority leader, in my ca- period of morning business with Sen- Major Cooper earned many decora- pacity as a Senator from Minnesota, I ators permitted to speak therein for up tions for his loyal service to our coun- object. to 10 minutes each. try, including the Distinguished Flying Ms. CANTWELL. I suggest the ab- The PRESIDING OFFICER. Without Cross, and we honor his great courage. sence of a quorum. objection, it is so ordered. Our Nation has often called its sons The PRESIDING OFFICER. The and daughters into harm’s way, and clerk will call the roll. f their families bear the scars of battle The legislative clerk proceeded to IN MEMORY OF RUTH BURNETT, forever. America owes an enormous call the roll. MAYOR OF FAIRBANKS AND BE- debt of gratitude to Major Cooper and Mr. FRIST. Mr. President, I ask LOVED STAFF MEMBER his family, and our thoughts and pray- unanimous consent that the order for ers are very much with them now. Mas- Mr. STEVENS. Mr. President, my the quorum call be rescinded. sachusetts is proud of him and so is our heart became heavy with sadness as I The PRESIDING OFFICER. Without country. learned this weekend of the death of objection, it is so ordered. Mr. WARNER. Mr. President, I seek my close personal friend Ruth Burnett. CLOTURE MOTION recognition to honor a Virginia Sol- Ruth Burnett was not only a person dier, CWO Sharon T. Swartworth, who Mr. FRIST. Mr. President, we have who gave me great support as the man- was tragically killed in action in Iraq had a full day of debate on this very ager of my Fairbanks office, she, her on Friday, November 7, 2003. I want to important conference report. We have husband Wally Burnett, Sr. and I be- express gratitude, on behalf of the Sen- had a number of Senators come to the came friends 50 years ago after my ate, for her service to our Nation. The floor in support of the bill and others family and I moved to Fairbanks. As American people, I am certain, join me who have used this as an opportunity the years went by, we kept in touch in expressing their prayers and com- to highlight their opposition to one as- and from the days of my earliest Sen- passion to her family. pect of the bill or another. The bill fi- ate campaign Ruth and Wally sup- CWO Sharon T. Swartworth entered nally establishes a comprehensive en- ported me. the Army shortly before her eighteenth ergy policy, and I do urge my col- Ruth’s time as mayor of Fairbanks birthday, her father signing the papers leagues to look at the bill not just brought us even closer together and I allowing her to enlist early. ‘‘She trav- piece by piece but in its entirety. was delighted when Ruth agreed to be eled around the world before she was Chairman DOMENICI had to negotiate a my representative in Fairbanks. She assigned to the Pentagon.’’ She under- whole range of tough issues to put to- worked tirelessly, without regard to of- stood the importance of her present as- gether a bill that requires a very frag- fice hours. And she was responsible for signment and despite the personal risk, ile balance, as people even more fully bringing to our attention the plight of wanted to serve the United States and understand this and come to the floor thousands of interior Alaskans so that the people of Iraq during this critical to address different aspects of the bill. my staff and I in Washington, DC could time. I understand there are some Members try to help them. She gave me many A warrant officer of the Judge Advo- who want to preserve their rights on ideas on where to send Federal money cate General’s Corps, she served as the this legislation and who don’t want to in the interior so that we could do the primary adviser to the judge advocate allow a time limitation. But given the most good for the most people. general on all matters concerning legal importance of the legislation, at this Ruth’s whole family pitched in to administrators in the Army. She was juncture I send a cloture motion to the support her. Wally Burnett, Jr. was a temporarily in Iraq to process awards desk. leading member of my Washington, DC for deserving soldiers and to ensure the The PRESIDING OFFICER. The clo- staff and the Senate Appropriations legal needs of soldiers were being met. ture motion having been presented staff. Public service has been a hall- CWO Sharon T. Swartworth leaves under rule XXII, the Chair directs the mark of the Burnett family—a family behind: her son, William III; her hus- clerk to read the motion. with a great Alaskan tradition. band, William, a captain of the Naval The legislative clerk read as follows: Ruth will be dearly missed, but her Medical Corps; and her father, Bernard CLOTURE MOTION spirit will live on through the great Mayo. I, among many friends and col- We the undersigned Senators, in accord- family she leaves behind and through leagues, attended the ceremony at Ar- ance with the provisions of Rule XXII of the the many lives she touched. Standing Rules of the Senate, do hereby lington Cemetery. Her family, who has move to bring to a close debate to the con- f borne this tragedy with dignity, are ference report H.R. 6, the energy policy bill HONORING OUR ARMED FORCES brave souls who have sacrificed so to enhance energy conservation and research much for this Nation. We owe them and and development, to provide for security and Mr. KENNEDY. Mr. President, in the other families who have lost their diversity in the energy supply for the Amer- these difficult days when the brave loved ones a debt of gratitude. ican people, and for other purposes. men and women of our Armed Forces She was an exceptional woman with Bill Frist, Pete Domenici, John Cornyn, face such great dangers in Iraq, we con- Mike Crapo, Larry Craig, Ben a bright future and family in front of Nighthorse Campbell, Michael B. Enzi, tinue to mourn the losses of our heroes her. Her father related, ‘‘She did it all, Mike DeWine, Christopher Bond, Rob- who gave their lives in past wars. One and we can be proud of her. She was a ert F. Bennett, Trent Lott, Pat Rob- of those heroes is Major Richard W. soldier.’’ I can not craft a finer eulogy. erts, Jim Bunning, Mitch McConnell, Cooper, Jr., of Holyoke, MA, and his The Commonwealth of Virginia and the Richard G. Lugar, Norm Coleman, loss is very much in our minds now. entire Nation shall mourn her loss. Conrad Burns. Major Cooper was a navigator aboard a Mr. JEFFORDS. Mr. President, I was Mr. FRIST. Mr. President, this clo- B–52 bomber from Westover Air Force deeply saddened to learn yesterday of ture vote will occur on Friday of this Base. He was on one of the final bomb- the death in Iraq of another of week unless changed by unanimous ing runs in the Vietnam War in 1972, Vermont’s sons. LT Pierre Piche of consent. I hope that cloture is invoked and his plane went down on December Starksboro, VT was one of 17 brave and that the Senate can then act expe- 19 of that year. He has been listed as young soldiers who died in the crash of ditiously to vote adoption of the con- Missing in Action ever since. The Air two Blackhawk helicopters last Satur- ference report. Until that time, Mem- Force never gave up the search and re- day. This brings to five the number of

VerDate jul 14 2003 02:48 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.145 S19PT1 S15180 CONGRESSIONAL RECORD — SENATE November 19, 2003 Vermonters who have given their lives ‘‘He was determined to do what he needed to Fusco would tell her Piche was well-trained, in Iraq. do to keep his men safe and get home.’’ smart and vigilant, and would make sure he The newspaper articles reporting on Piche, 28 and 16 of his fellow soldiers died and his soldiers would come home. ‘‘Anytime the death of Lieutenant Piche, and also Saturday when their Black Hawk helicopters I got scared my father would tell me to crashed, possibly as a result of enemy fire, in toughen up,’’ Lisa Johnson said. Fusco died on the Nov. 7 death of SSG Scott Rose, Mosul, Iraq. The crash is the single deadliest of heart failure July 8, proud to the end of a young man whose wife and parents incident since the war began in Iraq 8 his grandson’s accomplishments. in-law are from Springfield, VT, bring months ago. Piche e-mailed his mother often, and re- home the heart-wrenching pain felt by Piche, a first lieutenant with the Army’s cently sent photos showing him in his those who have lost a son or daughter, 101st Airborne Division, is the fifth soldier cropped brown hair and brown camouflage mother or father, sister or brother, or with Vermont roots to die in the war. He is while holding an automatic weapon. close friend in this war. the only child of Lisa Johnson, who has Another photo showed him in uniform Lieutenant Piche was Lisa Johnson’s wanted to pull Piche back into her arms ever holding a dog. Lisa Johnson said he fre- since he was deployed to Iraq a month before quently discovered abandoned pets in Iraq only child. Ms. Johnson speaks of the the war began. and tried to find good homes for them. ‘‘Even daily anxiety she faced hearing the re- ‘‘I wanted to take him home. When your in the middle of chaos he could find good ports of dead and wounded and won- child goes into something dangerous, a things,’’ she said. ‘‘That’s what good guys dering if it was her son. At first, she mother goes and gets him,’’ Johnson said, do.’’ turned for consolation to her father, a fighting tears. ‘‘It’s been a pretty hellish Piche’s unit was being moved from one lo- World War II veteran. Tragically, he time since February.’’ cation to another Saturday, a move he was died in July. Hearing reports of the Piche grew up in Colchester, where he at- dreading. He told his mother that Iraq was tended Malletts Bay School. His mother re- helicopter crash last Saturday, she becoming a more dangerous place—more ag- members that Piche was a complex child who gressive, less predictable. spent the rest of the weekend with her would ask heavy questions about the origins She heard Saturday about the two heli- stomach in knots until she received a of the universe or the workings of the human copters crashing in Mosul. ‘‘I spent the rest phone call from her daughter in-law, body and expect, almost demand, an answer. of the weekend in knots,’’ she said. She and Cherish, with the simple, chilling ‘‘When he was born I called him my Mr. Cherish Piche spoke by phone all day Satur- words ‘‘They’re here.’’ Magoo because he was this very serious little day, telling each other that they hoped by Army officers had come to Lieuten- boy,’’ she said, pointing to a photograph of some fluke Piche was not on either of those ant Piche’s home to tell his wife that her and her 2-year-old son sitting in the helicopters, and just couldn’t get to a com- woods. The child was wearing an expression the lieutenant was dead. An hour later, puter to e-mail either of them to say he was that was intense but wise. ‘‘He was like a lit- safe. Then Cherish Piche called Sunday officers arrived at Ms. Johnson’s home tle old man right away,’’ she said. afternoon. Her words were simple: ‘‘They’re to deliver the same message. He was also ‘‘full of all the right kind of here.’’ Army soldiers had come to her home Staff Sergeant Rose became a father mischief,’’ according to Hugh Johnson, who at Fort Campbell to say that her husband for the first time on July 31. He never became his stepfather when Piche was 6. He was dead. saw his child, though. He already had remembers once that his stepson tried un- An hour later, at 5 p.m., two soldiers came left for Iraq and was unable to get successfully to ride his bike up a boat ramp to the gray Cape Cod on Big Hollow Road to home on leave before the tragic crash on dry land. ‘‘Suddenly there was a great give Lisa and Hugh Johnson the same news. tumbling of boy and steel,’’ Hugh Johnson that ended his life. His wife Michele ‘‘I just said, ‘No, no, no,’ and I went outside said. and I was crazy,’’ Lisa Johnson said. She Rose is now left to raise their infant The family moved when Piche was 9 to wandered through the miles of woods behind daughter in his absence. South Hero, where he attended Folsom her home. ‘‘I just cried and screamed—‘No, it I have been concerned throughout School. Lisa Johnson said he demonstrated can’t be, it just can’t be.’’’ this conflict, and most particularly his kindly nature by taking in all sorts of Hugh Johnson said he knows that if he during the recent debate on the Presi- animals, from dogs and cats to iguanas, could, his stepson would have been trying to dent’s request for an additional $87 bil- chickens and geese. save his fellow soldiers until the last minute. The family moved to Starksboro when Pride doesn’t translate to solace, not when lion, that our focus on the financial Piche was 14. He went to private school in costs and broader strategic and tac- parents are mourning the loss of a son who Connecticut, then college, including for a was always giving to others. ‘‘It’s such a tical questions associated with the war time the University of Vermont. He grad- waste,’’ Hugh Johnson said. ‘‘He should have has blinded us somewhat to the brutal uated from Middle Tennessee State in 1998 had another 60 years of doing that.’’ ‘‘I’m anguish faced by those who have lost a after majoring in political science. proud of him and I’m proud of him no matter loved one in Iraq. We must never forget Piche was always patriotic and believed in what,’’ Lisa Johnson said. ‘‘That doesn’t that each and every casualty suffered serving his country, his mother said. While make his dying any easier.’’ in Iraq delivers a crushing blow to in college he joined the Army Reserve and The Johnsons and Piche’s widow are mak- soon after entered the Army full-time, rising ing funeral arrangements while awaiting for many here at home. Moreover, we must through the ranks of the 101st Airborne at have sympathy for the terrible anxiety his body to return home. Lisa Johnson said Fort Campbell, KY, where he and his wife, they hope to bury him near his grandfather, faced daily by the families of men and Cherish, made their home. Fusco, at Holy Rosary Cemetery in Rich- women serving in Iraq. This war has Pierre Piche made his final visit to mond. many victims and we must not lose Vermont last Christmas. Friends and family Meanwhile, the family is welcoming a con- sight of their pain. came to Starksboro for festive holiday par- stant flow of visitors bearing generous I ask unanimous consent to print in ties. He took Cherish Piche, who has lived in amounts of food and any words of consola- the South most of her life, out for snow- the RECORD the two newspaper articles tion they can muster. The food and the mobile rides and sledding expeditions. words are appreciated, Lisa Johnson said, detailing this war’s effects on the lives War in Iraq was looming last December, of these two Vermont families. but not important. ‘‘All that matters,’’ she and Piche and his mother knew he was likely said, ‘‘is that they loved him.’’ There being objection, the material to be deployed. ‘‘I deliberately avoided that was ordered to be printed in the subject,’’ Lisa Johnson said. ‘‘He didn’t want [From the Rutland Herald, Nov. 18, 2003] ECORD to talk about it either. We knew, and there R , as follows: SOLDIER KILLED IN IRAQ WILL BE EULOGIZED wasn’t any point.’’ [From the Burlington Free Press, Nov. 18, IN SPRINGFIELD 2003] She held out hope he would be safe. Months earlier, he had switched jobs, from a com- (By Susan Smallheer) FIFTH VERMONT SOLDIER DIES IN IRAQ mand post to maintenance duties that would SPRINGFIELD.—An Army soldier who died (By Brent Hallenbeck) perhaps be less risky. ‘‘The idea was he in Iraq without ever holding his newborn STARKSBORO.—Pierre Piche last spoke to wouldn’t be out there on the front line,’’ daughter will be eulogized with full military his mother a few weeks ago by phone from Hugh Johnson said. honors Saturday in Springfield. Staff Sgt. Iraq. He told her he wanted to come home to Piche arrived in Iraq 9 months ago, and the Scott C. Rose, 30, whose wife, Michele, is his wife of 3 years and earn his master’s de- Johnsons followed the news intently from from Springfield, will receive full military gree so he could become a teacher. Starksboro. Whenever Lisa Johnson heard a honors and a special farewell Saturday at St. His mother had recently sent him a rubber soldier died anywhere near where she be- Mary’s Catholic Church, according to Rose’s koi fish, and he said he planned to have a lieved her son was she would cry, and imme- father, Alfred Rose of Fayetteville, N.C. pond filled with the tranquil Japanese fish. diately struggle to gather her senses—as a Rose was one of six soldiers who died on ‘‘He tried not to focus on how dangerous it social worker, she said it was essential to be Nov. 7 near Tikrit when their Black Hawk was getting over there. He just wanted composed. helicopter came under attack, exploded and peace,’’ his mother, Lisa Johnson, said Mon- Her father, Robert Fusco of Jonesville, fell to the ground. He had been in Iraq since day afternoon at her home in Starksboro. would console her. A World War II veteran, April. Rose was the crew chief.

VerDate jul 14 2003 04:26 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.147 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15181 Alfred Rose said his son and his wife met LOCAL LAW ENFORCEMENT ACT SBA representatives responded quick- at North Carolina State University and mar- OF 2003 ly. My colleague, JOHN WARNER, and I ried, living at Fort Campbell, Ky., the base Mr. SMITH. Mr. President, I rise toured the significant damage to many of the 101st Airborne Division. Michele flooded small businesses in Old Town (Basso) Rose gave birth to their daughter today to speak about the need for hate Meghan Louise at Fort Campbell on July 31, crimes legislation. On May 1, 2003, Sen- Alexandria, VA. The quick response, expertise and en- and the baby never met her father, the elder ator KENNEDY and I introduced the thusiasm of the SBA leaders gave hope Rose said. Local Law Enforcement Enhancement Rose said that he was able to hook up a to small business owners who were Act, a bill that would add new cat- Web camera so his son could watch the baby upset at the great losses and burdened over the Internet from Iraq, but that he died egories to current hate crimes law, by damage to their infrastructure, un- before he was able to get leave and come sending a signal that violence of any certainty when to reopen, loss of inven- home to visit his new daughter. She is the kind is unacceptable in our society. tory, very little capital and lost in- couple’s only child. On October 25, 2003, a Miami, FL, Rose said his son died with three of his fel- comes. The people saw that there was teen was charged with a hate crime help, that it was not just their own low crew members, all of whom were very after police say he harassed a 19-year- close friends. According to news reports, the sweat, worry and furrowed brows, but Black Hawk was transporting two officials old woman driving with a gay pride that the SBA was there to assist them from the Army’s Judge Advocate General sticker on her car. directly. corps from the Pentagon when the helicopter The teen leaned out of his car win- Herb Mitchell, associate adminis- was hit. dow at a traffic light to make an ob- trator for the Office of Disaster Assist- Alfred Rose, himself a retired lieutenant scene gesture toward the young woman ance at the SBA, Anthony Bedell, asso- colonel from the 82nd Airborne Division, said and said to her, ‘‘We hate faggots . . . ciate administrator for the Office of his son’s mission on Nov. 7 was to transport ‘‘command and control’’ personnel from we kill people like you.’’ The truck Congressional and Legislative Affairs, Mosul to Tikrit. His son was the crew chief. pulled up to her again at the next light Sue Hensley, associate administrator He said his son was born in Attleboro, where he continued to make lewd com- for the Office of Communications and Mass., but grew up in North Carolina, at- ments and gestures. The teen cut in Public Liaison and their leader tending high school in Fayetteville. He was front of the woman and hit his brakes, Melanie Sabelhaus, Deputy Adminis- captain of the wrestling team and also causing the woman’s car to swerve, ac- trator for the SBA walked with us played soccer, was also involved in drama cording to police. Police say the driver while we viewed the damage first hand, and debate. He graduated second in his class and attended North Carolina State on a full then swerved his truck three times to- talking with business owners who were Navy scholarship. wards the woman’s car, running her off able to ask specific questions and re- But he switched to the Army even after re- the road. ceive answers and solutions. ceiving orders to the Navy’s prestigious I believe that Government’s first On the spot, Melanie Sabelhaus of flight school in Pensacola, Fla., his father duty is to defend its citizens, to defend the SBA also set up an onsite Business said, to combine his love of flying and his them against the harms that come out Disaster Recovery Center with the wish to be a family man. Navy flight train- of hate. The Local Law Enforcement local Chamber of Commerce in Old ing involves six month stints on aircraft car- Town Alexandria to help business own- riers. ‘‘However, the world situation turned Enhancement Act is a symbol that can sour and he was deployed nearly continu- become substance. I believe that by ers who suffered loss. Our top priority ously from Bosnia to the NCO School in Vir- passing this legislation and changing was to get small businesses dried out, ginia and immediately to Iraq. Scott badly current law, we can change hearts and disinfected and back in business, and I wanted to join his unit, which was already minds as well. am proud that this team effort has pro- over there,’’ his father recalled. ceeded successfully. By getting our His father called him ‘‘the Tom Cruise of f boots in the mud, we were able to get the Lancer flight line, he loved his work, he a direct, human response to promptly loved to teach others.’’ ‘‘He was one of those SBA ASSISTANCE FOLLOWING rare great men, soldier, leader, husband, fa- HURRICANE ISABEL assist distressed small business owners, who are the backbone of the American ther . . . our son,’’ he said. Mr. ALLEN. Mr. President, I wish to economy. The elder Rose said his son’s unit was not call to the attention of my colleagues expected back from Iraq until February or Later the same week they answered March 2004. According to an article in the the well-coordinated and rapid re- my call and came with me again to Fayetteville Observer, Rose had started fly- sponse of the good people from the southeastern Virginia, to places such ing when he was 14 years old. In college, he United States Small Business Adminis- as Burwell’s Bay in Isle of Wight Coun- started studying aeronautical engineering, tration in the days and weeks that ty, Suffolk and Wakefield in Sussex but switched to history. have followed the disaster caused by County. There we witnessed the ter- His son called his helicopter ‘‘Goat 26431.’’ Hurricane Isabel. He named it so in honor of his grandfather’s rible devastation. People there not military aircraft, which was also nicknamed Virginia is still recovering from this only experienced great trauma, dif- Goat. His grandfather also died on active terrible natural disaster. In Virginia, ficulty and loss, they were still with- duty. initial assessments indicate that 1,062 out power, looking to the SBA for as- The father said his son’s helicopter came homes were destroyed; over 8,800 homes sistance, which was able to provide under fire the morning of Nov. 7. A second sustained major damage; 1.8 million human, personal attention to help get Black Hawk helicopter was following close customers lost electricity of varying them up and running again. Small behind and was not hit, but Rose said those duration from a day to over a week; in the second helicopter heard the impact of businesses such as Cameron Chemical the weapon, saw flames erupt and his son’s there were 28 deaths in the Common- and the Marina Restaurant, whose helicopter crash. At the time the helicopter wealth; crop losses are in the tens of owners we were able to talk with, was hit, they were about 280 feet above the millions; and total damages are in the which were forced to close their busi- ground and had slowed to make a landing in billions to homes, businesses, transpor- nesses indefinitely, and which together a designated area. tation and other infrastructure facili- employ dozens of hard-working Vir- His son received a Bronze Star and a Pur- ties. ginians were given hands-on assistance ple Heart, as well as the Army Commenda- Our Commonwealth was devastated by the SBA to reopen in a timely man- tion medal. His wife’s father and stepmother, and the residents of Virginia, as they Alfred and Paula Basso, live on Poppe Road ner. Low interest loans, business dis- in Springfield, according to William Young, always do, have come together to help ruption assistance from the SBA visi- director of the David Memorial Chapel, neighbors repair damages, to help fam- bly cheered their faces with hope and which is working closely with the military ilies find housing and to console those gratitude. Traveling with me again was to plan Saturday’s funeral. Details of the who lost loved ones in their time of Melanie Sabelhaus, along with Anne service are still being worked out, according grief. Bradbury, assistant administrator for to a spokesman at the funeral home. Soon after the storm cut across Vir- congressional affairs and Becky Young said Rose would not be buried in ginia, and the economic impact began Vermont as his remains were being cre- Brantley, assistant administrator for mated. The elder Rose said that a memorial to be felt, I contacted Small Business disaster assistance. account in his son’s name has been set up to Administration leaders, seeking to I commend the Small Business Ad- benefit his infant daughter at the Bryant bring direct assistance to these af- ministration’s leadership, under the di- Credit Union in Springfield. fected businesses. On September 22, rection of Administrator Hector

VerDate jul 14 2003 02:58 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.078 S19PT1 S15182 CONGRESSIONAL RECORD — SENATE November 19, 2003 Barreto, Jr., and the entire team at the The editorial follows: day, he remains a staunch Grizzly fan. SBA. They responded to each of my re- [From the Baltimore Sun, Nov. 16, 2003] His mother Tempie Ray is a retired quests and demonstrated knowledge, PETE high school librarian in Stevensville. experience and genuine care by helping He’d thunder and preach, he’d deplore and Firman is the nephew of Carl and Mar- small businesses get clean, dry, rebuilt beseech, he’d count pennies and votes and tha Davis from Dillon. At the Montana and open again for customers and em- usually come out on the money. Constitutional Convention, I was Carl’s ployees. Their enthusiastic outreach With the death Friday of Del. Howard P. intern. Furthermore, Firman’s wife truly gave hope to many owners and ‘‘Pete’’ Rawlings, Maryland lost an extraor- Sheila Hall Ray was my son’s baby- employees. And, as a U.S. Senator, one dinarily gifted leader and one of the most ac- sitter when we lived in Missoula. can often try to get Federal agencies to complished politicians of his era—known for Firman and his family are 100 percent both a tight fist and a caring heart. help people. From my perspective, the Montana. Small Business Administration is de- Mr. Rawlings’ intellectual grasp of policy detail and instinct for mastering the levers MAJ Firman Ray has a distinguished monstrably one of the very best lead of power propelled him to a top post in the teams in the Federal Government. On career with the Army and he is only General Assembly. His greatest contribu- getting started. He has excelled in each behalf of Virginians, I thank them for tions arose, however, from his willingness to their special care. Many small entre- take on the unpopular yet critical tasks of of his positions since he was commis- preneurs are open for business due to fiscal management. sioned in 1991. Firman also survived our efforts. It is a satisfying job well He never forgot his West Baltimore con- the 9/11 attack on the Pentagon where done. stituents, yet he had the rare courage to his office was hit by the terrorists. sometimes tell them no. Today, we recognize MAJ Firman f Such was the force of his conviction that Ray to receive the Silver Star for dis- VOTE EXPLANATION he managed not only to survive such battles tinguished gallantry in action against Mr. KENNEDY. Mr. President, re- but to prosper. His remarkable legacy includes a new generation of political leaders the enemy in Somalia in 1993. The Sil- garding the voice vote on the nomina- he mentored along the way. ver Star is the third highest medal tion of Major General Robert T. Clark, As a freshman delegate, part of a tiny mi- awarded for combat service and the U.S. Army, yesterday in the U.S. Sen- nority of black lawmakers, Mr. Rawlings fourth highest medal that a soldier ate, had such vote been a rollcall vote, claimed his seat on the House Appropria- may receive. The Silver Star is award- I would have voted ‘‘nay.’’ tions Committee in 1979 and immediately ed to a person who, while serving in started breaking the rules. He publicly ques- f tioned every spending item, including those any capacity with the U.S. Army, is ADDITIONAL STATEMENTS dear to the hearts of his committee mates, cited for gallantry in action against an wanting to know what good the money would enemy of the United States while en- do for ‘‘his people.’’ gaged in military operations involving TRIBUTE TO DELEGATE HOWARD Colleagues rolled their eyes. Who was this conflict with an opposing foreign force, ‘‘PETE’’ RAWLINGS guy? They were used to machine-backed or while serving with friendly foreign ∑ Ms. MIKULSKI. Mr. President, I rise black legislators who were reliable votes, forces engaged in conflict against an and to the ‘‘screamers’’ who would grand- opposing armed force in which the to pay tribute to the life and legacy of stand in protest of the system but never get Delegate Pete Rawlings. He was a big anything done. In Mr. Rawlings, they found United States is not a belligerent man with a big heart—who leaves an the passion of a civil rights activist and the party. indelible mark on the people of Mary- analytical mind of a mathematician com- For those reasons and so many more, land. bined with the savvy of a backroom pol. I am honored to announce that today The Baltimore Sun said Delegate He was quickly tagged as a ‘‘comer,’’ was MAJ Firman Ray will finally receive Rawlings had ‘‘the passion of a civil named to a subcommittee chairmanship and by 1992 was awarded the gavel of Appropria- the distinguished Silver Star award for rights activist and the analytical mind his valorous performance of duty with of a mathematician combined with the tions Committee chairman. Running Appropriations in Annapolis isn’t the U.S. Army in Somalia that is long savvy of a backroom pol.’’ I think that like in Congress, where the bounty flows overdue. captures him perfectly. seemingly without limit. In Maryland, the Many of you may remember the Delegate Rawlings used America’s budget has to balance. Mr. Rawlings made it unique opportunity structure to build a his business to try to ensure the taxpayers’ movie, ‘‘Black Hawk Down.’’ MAJ life of accomplishment and of service. money was being spent wisely. Firman Ray, then Lieutenant Ray, was But more importantly, he expanded He battled with Baltimore mayors and offi- part of the team that the movie, Black that opportunity structure for thou- cials of Morgan State University. He au- Hawk Down, portrayed. It was during sands of others. In over a quarter cen- thored reforms in education, housing and the predawn hours of September 25, health care. He brought home the bacon as 1993, that a U.S. Army UH–60 tury in the House of Delegates, Pete he saw fit. Rawlings was known as a man of prin- Blackhawk helicopter was shot down in The strongest testimony to his style may Mogadishu, Somalia. Lieutenant Ray ciple who put his principles into ac- be his endorsement of Martin O’Malley in tion. the 1999 mayoral race against black competi- was part of AT Platoon that was given Mathematician and politician, educators, thus awarding the job of running a ma- the mission to conduct a search and tor and leader, Pete Rawlings may be jority-black city to a white politician Mr. rescue operation at the helicopter best remembered for his untiring advo- Rawlings thought better qualified. crash site. Clearly understanding the cacy to improve education for all. He Much of Mr. Rawlings’ success stemmed urgency of the situation, Lieutenant was an unfailing advocate for edu- from the sense that he was not interested in Ray took his two lead MK–19 gun vehi- power for its own sake, but for what he could cation. He used his power and influence cles and instructed them to quickly ad- accomplish. That, and a deep bass voice that vance to the crash site. Upon entering to provide an unprecedented State boomed with such moral authority it seemed commitment to education, a $1.3 bil- to come from the heavens. the site, intense small arms fire and lion commitment that the State recog- His passing robs Baltimore of its most ef- sporadic rocket propelled grenade fire nized it would be constitutionally fective and empathetic advocate. All of erupted. The gunners under Lieutenant bound to fulfill. Maryland’s schools are Maryland, though, is poorer for his loss.∑ Ray’s command were able to destroy better today because of Delegate f three enemy positions in a building Rawlings. just north of the crash site. While at- The passing of Delegate Rawlings is a COMMENDING MAJOR FIRMAN RAY tempting to again secure the site, an- tragedy, but his life was a triumph. His ON RECEIVING THE SILVER other firefight ensued on the west side. wife, Dr. Nina Cole, and his children, STAR MEDAL Lieutenant Ray dismounted and on the Wendall Rawlings, Lisa Rawlings, and ∑ Mr. BAUCUS. Mr. President, it is my run, dodged under considerable fire to Councilwoman Stephanie C. Rawlings great pleasure and pride to rise today position the gun vehicles to establish Black are in my thoughts and prayers. to honor a true Montana hero—MAJ security. Lieutenant Ray’s unit was I ask that an editorial from the Bal- Firman Ray. Major Ray grew up in again under fire two more times where timore Sun be printed in the CONGRES- Butte and Stevensville. He attended Firman moved the gun vehicles into SIONAL RECORD. the University of Montana. To this strategic positions that were vital to

VerDate jul 14 2003 04:26 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G19NO6.149 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15183 suppressing enemy fire. Once the pe- was referred to the Committee on Fi- the ‘‘Walter F. Ehrnfelt, Jr. Post Office rimeter was finally secured, Lieuten- nance. Building.’’ ant Ray assisted in collecting the re- (The nomination received today is The message further announced that mains of the soldiers killed in the heli- printed at the end of the Senate pro- the House has agreed to the following copter crash. ceedings.) concurrent resolutions, in which it re- Shortly afterwards, the stillness was quests the concurrence of the Senate: f broken by yet another attack and a H. Con. Res 69. Concurrent resolution ex- firefight resumed. During the next 30 MESSAGES FROM THE HOUSE pressing the sense of Congress that Althea Gibson should be recognized for her ground minutes of battle and under fire, Lieu- At 10:48 a.m., a message from the tenant Ray ran to and from each gun breaking achievements in athletics and her House of Representatives, delivered by commitment to ending racial discrimination vehicle’s position, directing counter Ms. Niland, one of its reading clerks, and prejudice within the world of sports; and fire and ensuring adequate ammuni- announced that the House has passed H. Con. Res. 313. Concurrent resolution to tion. The mission was complete and all the following bills, without amend- urge the President, on behalf of the United personnel and sensitive equipment at- ment: States, to present the Presidential Medal of Freedom to His Holiness, Pope John Paul II, tempted to withdraw to the airfield. S. 254. An act to revise the boundary of the Lieutenant Ray directed his rear secu- in recognition of his significant, enduring, Kaloko-Honokohau National Historical Park and historic contributions to the causes of rity gun vehicle to assume the lead in the State of Hawaii, and for other pur- freedom, human dignity, and peace and to and, again, enemy militia began firing poses; commemorate the Silver Jubilee of His Holi- with small arms and RPG’s, inflicting S. 867. An act to designate the facility of ness’ inauguration of his ministry as Bishop casualties. With four blocks to go, the United States Postal Service located at of Rome and Supreme Pastor of the Catholic Lieutenant Ray remained dismounted 710 Wick Lane in Billings, Montana, as the Church. ‘‘Ronald Reagan Post Office Building’’; and and slowly moved south, deftly cross- f S. 1718. An act to designate the facility of ing intersections proven treacherous the United States Postal Service located at ENROLLED BILLS AND JOINT by prior American casualties. 3710 West 73rd Terrace in Prairie Village, RESOLUTIONS SIGNED From the onset to outcome, Lieuten- Kansas, as the ‘‘Senator James B. Pearson ant Ray was first in and last out. He Post Office’’. The message also announced that the performed his duty with bravery and Speaker has signed the following en- The message also announced that the rolled bills and joint resolutions: poise. He is a decisive leader who in- House passed the following bills in S. 1066. An act to correct a technical error spires fierce soldier loyalty, trust, and which it requests the concurrence of cohesiveness. Because of his quick and from Unit T–07 of the John H. Chafee Coastal the Senate: Barrier Resources System; intelligent decisions, and due to his H.R. 280. An act to establish certain Na- S. 1590. An act to redesignate the facility confident direction, Lieutenant Ray’s tional Heritage Areas, and for other pur- of the United States Postal Service, located platoon, under the most extreme battle poses; at 315 Empire Boulevard in Crown Heights, conditions, provided the decisive ingre- H.R. 1189. An act to increase the waiver re- Brooklyn, New York, as the ‘‘James E. Davis dient to the success of the mission. Due quirement for certain local matching re- Post Office Building’’; to his combat performance, Firman quirements for grants provided to American S. J. Res. 18. Joint resolution commending Samoa, Guam, the Virgin Islands, or the the Inspectors General for their efforts to Ray is deserving of the Silver Star for prevent and detect waste, fraud, abuse, and distinctive recognition as an excep- Commonwealth of the Northern Mariana Is- lands, and for other purposes; mismanagement, and to promote economy, tional soldier and leader of men. H.R. 1204. An act to amend the National efficiency, and effectiveness in the Federal I commend Major Ray for his heroic Wildlife Refuge System Administration Act Government during the past 25 years; and S. J. Res. 22. Joint resolution recognizing efforts in Operation Restoration Hope of 1966 to establish requirements for the Agricultural Research Service of the Depart- and I am proud that he receives the award of concessions in the National Wildlife ment of Agriculture for 50 years of out- Silver Star today. He exemplifies Refuge System, to provide for maintenance standing service to the Nation through agri- and repair of properties located in the Sys- valor, bravery, and courage. Major Ray cultural research. put his life on the line to defend our tem by concessionaires authorized to use such properties, and for other purposes; The enrolled bills and joint resolu- country. He put his life on the line to tions were signed subsequently by the save his men. For that, we all owe him H.R. 1274. An act to direct the Adminis- trator of General Services to convey to Fres- President pro tempore (Mr. STEVENS). a huge debt of gratitude. no County, California, the existing Federal We are proud to call MAJ Firman courthouse in that county; At 4:52 p.m., a message from the Ray a Montanan. And as Montanans H.R. 1651. An act to provide for the ex- House of Representatives, delivered by and Americans, we are eternally grate- change of land within the Sierra National Ms. Niland, one of its reading clerks, ful for his selfless service to our coun- Forest, California, and for other purposes; announced that the House has passed try, which has made our Nation a safer H.R. 1658. An act to amend the Railroad the following bill, without amendment: place and has helped to promote and Right-of-Way Conveyance Validation Act to S. 1824. An act to amend the Foreign As- defend democracy across the globe. validate additional conveyances of certain sistance Act of 1961 to reauthorize the Over- lands in the State of California that form Firman, as you know, receiving a Sil- seas Private Investment Corporation, and for part of the right-of-way granted by the other purposes. ver Star Medal is quite an accomplish- United States to facilitate the construction ment. I can think of no one more de- of the transcontinental railway, and for The message also announced that the serving than you. From one Montanan other purposes; House passed the following bill, in to another, thank you for your com- H.R. 2130. An act to redesignate the facil- which it requests the concurrence of mitment to your country, service to ity of the United States Postal Service lo- the Senate: your community, and for making cated at 121 Kinderkamack Road in River H.R. 1813. An act to amend the Torture America safer for each and every one of Edge, New Jersey, as the ‘‘New Bridge Land- Victims Relief Act of 1998 to authorize ap- ing Post Office’’; us.∑ propriations to provide assistance for domes- H.R. 2907. An act to provide for a land ex- tic and foreign centers and programs for the f change in the State of Arizona between the treatment of victims of torture, and for MESSAGE FROM THE PRESIDENT Secretary of Agriculture and Yavapai Ranch other purposes. Limited Partnership; f A message from the President of the H.R. 3287. An act to award congressional United States was communicated to gold medals posthumously on behalf of Rev- ENROLLED BILL SIGNED the Senate by Ms. Evans, one of his erend Joseph A. DeLaine, Harry and Eliza At 6:20 p.m., a message from the secretaries. Briggs, and Levi Pearson in recognition of House of Representatives, delivered by their contributions to the Nation as pioneers f in the effort to desegregate public schools Mr. Hays, one of its reading clerks, an- EXECUTIVE MESSAGE REFERRED that led directly to the landmark desegrega- nounced that the Speaker has signed tion case of Brown et al. v. the Board of Edu- the following enrolled bill: As in executive session the Presiding cation of Topeka et al; and H.R. 1588. An act to authorize appropria- Officer laid before the Senate a mes- H.R. 3300. An act to designate the facility tions for fiscal year 2004 for military activi- sage from the President of the United of the United States Postal Service located ties of the Department of Defense, for mili- States submitting a nomination which at 15500 Pearl Road in Strongsville, Ohio, as tary construction, and for defense activities

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.083 S19PT1 S15184 CONGRESSIONAL RECORD — SENATE November 19, 2003 of the Department of Energy, to prescribe of the transcontinental railway, and for No. 2001-NM-17’’ (RIN2120-AA64) received on personnel strengths for such fiscal year for other purposes; to the Committee on Energy November 17, 2003; to the Committee on the Armed Forces, and for other purposes. and Natural Resources. Commerce, Science, and Transportation. EC–5261. A communication from the Para- f H.R. 2130. An act to redesignate the facility of the United States Postal Service lo- legal Specialist, Federal Aviation Adminis- ENROLLED BILLS SIGNED cated at 650 Kinderkamack Road in River tration, Department of Transportation, transmitting, pursuant to law, the report of At 7:27 p.m., a message from the Edge, New Jersey, as the ‘‘New Bridge Land- ing Post Office’’; to the Committee on Gov- a rule entitled ‘‘Airworthiness Directives: House of Representatives, delivered by ernmental Affairs. Rolls Royce Deutschland Ltd. & KG, Model Mr. Hays, one of its reading clerks, an- H.R. 3300. An act to designate the facility Tay 62015 and 650-15 Turbofan Engines Doc. nounced that the Speaker has signed of the United States Postal Service located No. 2002-NE-37’’ (RIN2120-AA64) received on the following enrolled bills: at 15500 Pearl Road in Strongsville, Ohio, as November 17, 2003; to the Committee on S. 254. An act to revise the boundary of the the ‘‘Walter F. Ehrnfelt, Jr., Post Office Commerce, Science, and Transportation. Kaloko-Honokohau National Historical Park Building’’; to the Committee on Govern- EC–5262. A communication from the Para- Addition Act of 2003. mental Affairs. legal Specialist, Federal Aviation Adminis- S. 867. An act to designate the facility of tration, Department of Transportation, The following concurrent resolution transmitting, pursuant to law, the report of the United States Postal Service located at was read, and referred as indicated: 710 Wick Lane in Billings, Montana, as the a rule entitled ‘‘Airworthiness Directives: H. Con. Res. 69. Concurrent resolution ex- ‘‘Ronald Reagan Post Office Building’’. CFM International CFM56-5B and 7B Series pressing the sense of Congress that Althea S. 1718. An act to designate the facility of Turbofan Engines Doc. No. 2001-NE-37’’ Gibson should be recognized for her ground the United States Postal Service located at (RIN2120-AA64) received on November 17, breaking achievements in athletics and her 3710 West 73rd Terrace in Prairie Village, 2003; to the Committee on Commerce, commitment to ending racial discrimination Kansas, as the ‘‘Senator James B. Pearson Science, and Transportation. and prejudice within the world of sports; to EC–5263. A communication from the Para- Post Office’’. the Committee on the Judiciary. legal Specialist, Federal Aviation Adminis- H.R. 23. An act to amend the Housing and tration, Department of Transportation, Community Development Act of 1974 to au- f transmitting, pursuant to law, the report of thorize communities to use community de- ENROLLED BILLS AND JOINT a rule entitled ‘‘Airworthiness Directives: velopment block grant funds for construc- Boeing Model 727 Series Airplanes Doc. No. tion of tornado-safe shelters in manufac- RESOLUTIONS PRESENTED 202-NM-271’’ (RIN2120-AA64) received on No- tured home parks. The Secretary of the Senate reported vember 17, 2003; to the Committee on Com- H.R. 2744. An act to designate the facility that on today, November 19, 2003, she merce, Science, and Transportation. of the United States Postal Service located had presented to the President of the EC–5264. A communication from the Para- at 514 17th Street in Moline, Illinois, as the United States the following enrolled legal Specialist, Federal Aviation Adminis- ‘‘David Bybee Post Office Building’’. bills and joint resolutions: tration, Department of Transportation, H.R. 2754. An act making appropriations transmitting, pursuant to law, the report of for energy and water development for the fis- S. 1066. An act to correct a technical error from Unit T–07 of the John H. Chafee Coastal a rule entitled ‘‘Revision of Class E Airspace, cal year ending September 30, 2004, and for Holyoke, Co Doc. No. 00-NM-32’’ (RIN2120- other purposes. Barrier Resources System; S. 1590. An act to redesignate the facility AA66) received on November 17, 2003; to the H.R. 3175. An act to designate the facility Committee on Commerce, Science, and of the United States Postal Service located of the United States Postal Service, located at 315 Empire Boulevard in Crown Heights, Transportation. at 2650 Cleveland Avenue NW in Canton, EC–5265. A communication from the Para- Brooklyn, New York, as the ‘‘James E. Davis Ohio, as the ‘‘Richard D. Watkins Post Office legal Specialist, Federal Aviation Adminis- Post Office Building’’; Building’’. tration, Department of Transportation, S.J. Res. 18. Joint resolution commending H.R. 3379. An act to designate the facility transmitting, pursuant to law, the report of the Inspectors General for their efforts to of the United States Postal Service located a rule entitled ‘‘Amendment of Class E Air- prevent and detect waste, fraud, abuse, and at 3210 East 10th Street in Bloomington, In- space, Dunkirk, NY Doc. No. 02-AEA-08’’ mismanagement, and to promote economy, diana, as the ‘‘Francis X. McCloskey Post Of- (RIN2120-AA66) received on November 17, efficiency, and effectiveness in the Federal fice Building’’. 2003; to the Committee on Commerce, Government during the past 25 years; and f Science, and Transportation. S.J. Res. 22. Joint resolution recognizing EC–5266. A communication from the Para- MEASURES REFERRED the Agricultural Research Service of the De- legal Specialist, Federal Aviation Adminis- partment of Agriculture for 50 years of out- The following bills were read the first tration, Department of Transportation, standing service to the Nation through agri- transmitting, pursuant to law, the report of and the second times by unanimous cultural research. consent, and referred as indicated: a rule entitled ‘‘Revision of Jet Route No. 02- f AGL-16’’ (RIN2120-AA66) received on Novem- H.R. 280. An act to establish the National EXECUTIVE AND OTHER ber 17, 2003; to the Committee on Commerce, Aviation Heritage Area, and for other pur- Science, and Transportation. poses; to the Committee on Energy and Nat- COMMUNICATIONS EC–5267. A communication from the Para- ural Resources. The following communications were legal Specialist, Federal Aviation Adminis- H.R. 1189. An act to increase the waiver re- laid before the Senate, together with tration, Department of Transportation, quirement for certain local matching re- accompanying papers, reports, and doc- transmitting, pursuant to law, the report of quirements for grants provided to American a rule entitled ‘‘Amendment to Class E5 Air- Samoa, Guam, the Virgin Islands, or the uments, and were referred as indicated: space; Augusta, GA Doc. No. 02-ASO-19’’ Commonwealth of the Northern Mariana Is- EC5258. A communication from the Attor- (RIN2120-AA66) received on November 17, lands, and for other purposes; to the Com- ney, Aviation Enforcement and Proceedings, 2003; to the Committee on Commerce, mittee on Energy and Natural Resources. Department of Transportation, transmitting, Science, and Transportation. H.R. 1204. An act to amend the National pursuant to law, the report of a rule entitled EC–5268. A communication from the Para- Wildlife Refuge System Administration Act ‘‘Reporting Requirement for Disability-Re- legal Specialist, Federal Aviation Adminis- of 1966 to establish requirements for the lated Complaints’’ (RIN2105-AD04) received tration, Department of Transportation, award of concessions in the National Wildlife on November 17, 2003; to the Committee on transmitting, pursuant to law, the report of Refuge System, to provide for maintenance Commerce, Science, and Transportation. a rule entitled ‘‘Standard Instrument Ap- and repair of properties located in the Sys- EC–5259. A communication from the Para- proach Procedures; Miscellaneous Amend- tem by concessionaires authorized to use legal Specialist, Federal Aviation Adminis- ments Doc. No. 30341’’ (RIN2120-AA65) re- such properties, and for other purposes; to tration, Department of Transportation, ceived on November 17, 2003; to the Com- the Committee on Environment and Public transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- Works. a rule entitled ‘‘Airworthiness Directives: tation. H.R. 1651. An act to provide for the ex- Boeing Model 757-200 Series Airplanes Dock- EC–5269. A communication from the Regu- change of land within the Sierra National et No. 2001-NM-192’’ (RIN2120-AA64) received latory Officer, Federal Motor Carrier Safety Forest, California, and for other purposes; to on November 17, 2003; to the Committee on Administration, Department of Transpor- the Committee on Energy and Natural Re- Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the resources. EC–5260. A communication from the Para- port of a rule entitled ‘‘Limitations on the H.R. 1658. An act to amend the Railroad legal Specialist, Federal Aviation Adminis- Issuance of Commercial Driver’s Licenses Right-of-Way Conveyance Validation Act to tration, Department of Transportation, With a Hazardous Materials Endorsement; validate additional conveyances of certain transmitting, pursuant to law, the report of Delay of Compliance Date’’ (RIN2126-AA70) lands in the State of California that form a rule entitled ‘‘Airworthiness Directives: received on November 17, 2003; to the Com- part of the right-of-way granted by the Boeing Model 747 Series Airplanes Powered mittee on Commerce, Science, and Transpor- United States to facilitate the construction by General Electric (GE) Series Engines Doc. tation.

VerDate jul 14 2003 04:26 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.045 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15185 EC–5270. A communication from the Sec- ‘‘Implementation of Section 304 of the Tele- to the Committee on Commerce, Science, retary of the Commission, Bureau of Con- communications Act of 1996—Commercial and Transportation. sumer Protection, Federal Trade Commis- Availability of Navigation Devices/Compat- EC–5286. A communication from the Acting sion, transmitting, pursuant to law, the re- ibility Between Cable Systems and Con- Assistant Secretary for Export Administra- port of a rule entitled ‘‘16 CFR 305—‘Appli- sumer Electronics Equipment’’ (CS Doc. No. tion, Bureau of Industry and Security Ad- ance Labeling Rule’ [Clothes Washer 97-80) received on November 17, 2003; to the ministration, Department of Commerce, Ranges—2003]’’ (RIN3084-AA74) received on Committee on Commerce, Science, and transmitting, pursuant to law, the report of November 17, 2003; to the Committee on Transportation. a rule entitled ‘‘Addition of Kazakhstan to Commerce, Science, and Transportation. EC–5278. A communication from the Senior the Nuclear Suppliers Group (NSG), and EC–5271. A communication from the Chief Legal Advisor, Media Bureau, Federal Com- Other Revisions’’ (RIN0694-AC90) received on Counsel, Saint Lawrence Seaway Develop- munications Commission, transmitting, pur- November 14, 2003; to the Committee on ment Corporation, Department of Transpor- suant to law, the report of a rule entitled ‘‘In Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the re- the Matter of Review of the Commission’s EC–5287. A communication from the Senior port of a rule entitled ‘‘Seaway Regulations Rules and Policies Affecting the Conversion Legal Advisor, International Bureau, Federal and Rules: Inflation Adjustment of Civil to Digital Television’’ (FCC02-230) received Communications Commission, transmitting, Monetary Penalty’’ (RIN2135-AA16) received on November 17, 2003; to the Committee on pursuant to law, the report of a rule entitled ‘‘In the Matter of Amendment of Parts 2 and on November 17, 2003; to the Committee on Commerce, Science, and Transportation. Commerce, Science, and Transportation . EC–5279. A communication from the Senior 25 of the Commission’s Rules to Permit Oper- EC–5272. A communication from the Attor- Legal Advisor, International Bureau, Federal ation of NGSO FSS Systems Co-Frequency ney-Advisor, National Highway Traffic Safe- Communications Commission, transmitting, with GSO and Terrestrial Systems in the Ku- Band Frequency Range’’ (FCC03-24) received ty Administration, Department of Transpor- pursuant to law, the report of a rule entitled on November 17, 2003; to the Committee on tation, transmitting, pursuant to law, the re- ‘‘Mobile Satellite Service in the 1610-1626.5/ Commerce, Science, and Transportation. port of a rule entitled ‘‘FMVSS No. 208, Re- 2483.5-2500 MHz Frequency Band’’ (FCC96-54) EC–5288. A communication from the Attor- sponse to Petitions for Reconsideration of received on November 17, 2003; to the Com- ney Advisor, Wireless Telecommunications the December 2001 Amendments to the Ad- mittee on Commerce, Science, and Transpor- Bureau, Federal Communications Commis- vanced Air Bag Rule—pt. 2’’ (RIN2127-AI82) tation. sion, transmitting, pursuant to law, the re- received on November 17, 2003; to the Com- EC–5280. A communication from the Senior port of a rule entitled ‘‘Amendment of Parts mittee on Commerce, Science, and Transpor- Legal Advisor, International Bureau, Federal 2 and 87 of the Commission’s Rules to Ac- tation. Communications Commission, transmitting, commodate Advanced Digital Communica- EC–5273. A communication from the Senior pursuant to law, the report of a rule entitled tions in the 117.975-137 MHz Band and to Im- Legal Advisor, International Bureau, Federal ‘‘In the Matter of Review of the Spectrum plement Flight Information Services in the Communications Bureau, transmitting, pur- Sharing Plan Among Non-Geostationary 137-137 MHz Band’’ (FCC01-378) received on suant to law, the report of a rule entitled ‘‘In Satellite Orbit Mobile Satellite Service Sys- November 17, 2003; to the Committee on the Matter of Amendment of Part 2 of the tems in the 1.6/2.4 GHz Bands’’ (IB Doc. No. Commerce, Science, and Transportation. Commission’s Rules to Allocate Spectrum 02-364) received on November 17, 2003; to the EC–5289. A communication from the Under Below 3 GHz for Mobile and Fixed Services to Committee on Commerce, Science, and Secretary of Defense, Comptroller, Depart- Support the Introduction of New Advanced Transportation. ment of Defense, transmitting, pursuant to Wireless Services, including Third Genera- EC–5281. A communication from the Senior law, the report of a violation of the tion Wireless Systems; Establishment of Legal Advisor, International Bureau, Federal Antideficiency Act, case number 99-01; to the Policies and Service Rules for the Mobile- Communications Commission, transmitting, Committee on Appropriations. Satellite Service in the 2 GHz Band’’ (FCC03- pursuant to law, the report of a rule entitled EC–5290. A communication from the Direc- 16) received on November 17, 2003; to the ‘‘The International Bureau Revises and Re- tor, Regulatory Review Group, Farm Service Committee on Commerce, Science, and issues the Commission’s List of Foreign Agency, transmitting, pursuant to law, the Transportation. Telecommunications Carriers that are Pre- report of a rule entitled ‘‘Removal of Obso- EC–5274. A communication from the Senior sumed to Posses Market Power in the For- lete Regulations’’ (RIN0560-AH04) received on Legal Advisor, International Bureau, Federal eign Telecommunications Markets’’ (IB Doc. November 14, 2003; to the Committee on Ag- Communications Bureau, transmitting, pur- No. 00-106) received on November 17, 2003; to riculture, Nutrition, and Forestry. suant to law, the report of a rule entitled the Committee on Commerce, Science, and EC–5291. A communication from the Under ‘‘Partial Band Licensing and Loading Stand- Transportation. Secretary of Defense, Comptroller, Depart- ards for Earth Stations in the FSS that EC–5282. A communication from the Senior ment of Defense, transmitting, pursuant to Share Spectrum With Terrestrial Services, Legal Advisor, International Bureau, Federal law, a report relative to funding transfers Blanket Licensing for Small Aperture Ter- Communications Commission, transmitting, made during FY 2003 under the authority of minals in the C-Band, Routine Licensing of pursuant to law, the report of a rule entitled the Department’s Appropriations Acts 2001, 3.7 Meter Transmit and Receive Stations at ‘‘Enforcement of Other Nations’ Prohibitions 2002, and 2003; to the Committee on Armed C-Band, and Deployment of Geostationary- Against the Uncompleted Call Signaling Services. EC–5292. A communication from the Dep- Orbit FSS Earth Stations’’ (FCC02-17) re- Configuration of International Call-back uty Associate Administrator, Office of Ac- ceived on November 17, 2003; to the Com- Service; Petition for Rulemaking of the quisition Policy, General Services Adminis- mittee on Commerce, Science, and Transpor- Telecommunications Resellers Association tration, transmitting, pursuant to law, the to Eliminate Comity-Based Enforcement of tation. report of a rule entitled ‘‘Federal Acquisi- EC–5275. A communication from the Senior Other Nations’ Prohibitions Against the tion Regulation; Federal Acquisition Cir- Legal Advisor, International Bureau, Federal Uncompleted Call Signaling Configuration of cular 2001-17’’ (FAC2001-17) received on No- Communications Bureau, transmitting, pur- International Call-back Service’’ (IB Doc. vember 14, 2003; to the Committee on Armed suant to law, the report of a rule entitled No. 02-18) received on November 17, 2003; to Services. ‘‘Order on Reconsideration, ’In the Matter of the Committee on Commerce, Science, and EC–5293. A communication from the Dep- Flexibility for Delivery of Communications Transportation. uty Director, Financial Crimes Enforcement by Mobile Satellite Service Providers in the EC–5283. A communication from the Asso- Network, Department of the Treasury, trans- 2 GHz Band, the L-Band, and the 1.6/2.4 GHz ciate Bureau Chief, Wireless Communica- mitting, pursuant to law, the report of a rule Bands’’ (FCC03-162) received on November 17, tions Commission, Federal Communications entitled ‘‘Amendments to the Bank Secrecy 2003; to the Committee on Commerce, Commission, transmitting, pursuant to law, Act Regulations; Definitions of Futures Science, and Transportation. the report of a rule entitled ‘‘Reallocation Commission Merchants and Introducing Bro- EC–5276. A communication from the Senior and Service Rules for the 698-746 MHz Spec- kers in Commodities as Financial Institu- Legal Advisor, Media Bureau, Federal Com- trum Band (Television Channels 52-59)’’ (GN tions; Requirement that Futures Commis- munications Commission, transmitting, pur- Doc. No. 01-74) received on November 17, 2003; sion Merchants and Introducing Brokers in suant to law, the report of a rule entitled to the Committee on Commerce, Science, Commodities Report Suspicious Trans- ‘‘Amendment of the Commission’s Rules for and Transportation. actions’’ (RIN1506-AA44) received on Novem- Implementation of its Cable Operations and EC–5284. A communication from the Asso- ber 17, 2003; to the Committee on Banking, Licensing System (COALS) to Allow for ciate Bureau Chief, Wireless Communica- Housing, and Urban Affairs. Electronic Filing of Licensing Applications, tions Commission, Federal Communications EC–5294. A communication from the Gen- Forms, Registrations, and Notifications in Commission, transmitting, pursuant to law, eral Counsel, Federal Emergency Manage- the Multichannel Video and Cable Television the report of a rule entitled ‘‘In the Matter ment Agency, transmitting, pursuant to law, Service and the Cable Television Relay Serv- of Federal-State Joint Board on Universal the report of a rule entitled ‘‘Suspension of ice’’ (CS Doc. No. 00-78) received on Novem- Service’’ (FCC03-249) received on November Community Elibility; 66 FR 54718’’ (FEMA- ber 17, 2003; to the Committee on Commerce, 17, 2003; to the Committee on Commerce, 7771) received on November 14, 2003; to the Science, and Transportation. Science, and Transportation. Committee on Banking, Housing, and Urban EC–5277. A communication from the Senior EC–5285. A communication from the Sec- Affairs. Legal Advisor, Media Bureau, Federal Com- retary of the Treasury, transmitting, pursu- EC–5295. A communication from the Gen- munications Commission, transmitting, pur- ant to law, a report relative to the audit of eral Counsel, Federal Emergency Manage- suant to law, the report of a rule entitled the Telecommunications Development Fund; ment Agency, transmitting, pursuant to law,

VerDate jul 14 2003 04:26 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.061 S19PT1 S15186 CONGRESSIONAL RECORD — SENATE November 19, 2003 the report of a rule entitled ‘‘Changes in ment of State, transmitting, a report rel- (RIN3135-AA18 and -AA19) received on No- Flood Elevation Determinations; 66 FR ative to Cuban emigration policies; to the vember 17, 2003; to the Committee on Health, 56769’’ (44 CFR Part 65) received on November Committee on Foreign Relations. Education, Labor, and Pensions. 14, 2003; to the Committee on Banking, Hous- EC–5307. A communication from the Com- EC–5319. A communication from the Assist- ing, and Urban Affairs. missioner, Social Security Administration, ant General Counsel, National Endowment EC–5296. A communication from the Gen- transmitting, a report of the Administra- for the Humanities, transmitting, pursuant eral Counsel, Federal Emergency Manage- tion’s processing of continuing disability re- to law, the report of a rule entitled ‘‘Govern- ment Agency, transmitting, pursuant to law, views for fiscal year 2002; to the Committee mentwide Debarment and Suspension (Non- the report of a rule entitled ‘‘Changes in on Finance. procurement) and Governmentwide Require- Flood Elevations Determinations; 66 FR EC–5308. A communication from the Com- ments for Drug-Free Workplace (Grants)’’ 56773’’ (FEMA-B-7422) received on November missioner, Social Security Administration, (RIN3136-AA25 and -AA26) received on No- 14, 2003; to the Committee on Banking, Hous- transmitting, the Administration’s Perform- vember 17, 2003; to the Committee on Health, ing, and Urban Affairs . ance and Accountability Report for Fiscal Education, Labor, and Pensions. EC–5297. A communication from the Assist- Year 2003; to the Committee on Finance. EC–5320. A communication from the Gen- EC–5309. A communication from the Direc- ant General Counsel for Regulations, Depart- eral Counsel, Institute of Museum and Li- tor, Executive Office of the President, Office ment of Housing and Urban Development, brary Services, transmitting, pursuant to of Management and Budget, transmitting, transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Govern- pursuant to law, a report entitled ‘‘Statis- a rule entitled ‘‘Open Competition and Gov- mentwide Debarment and Suspension (Non- tical Programs of the United States Govern- ernment Neutrality Towards Government procurement) and Governmentwide Require- ment: Fiscal Year 2004’’; to the Committee Contractors’ Labor Relations on Federal and ments for Drug-Free Workplace (Grants)’’ on Governmental Affairs. Federally Funded Construction Projects’’ (RIN3137-AA14) received on November 17, EC–5310. A communication from the In- (RIN2501-AC98) received on November 14, 2003; to the Committee on Health, Education, spector General, Department of the Interior, 2003; to the Committee on Banking, Housing, Labor, and Pensions. and Urban Affairs. transmitting, pursuant to law, a report rel- EC–5298. A communication from the Chair- ative to the Department’s inventory of com- EC–5321. A communication from the Sec- man and President, Export-Import Bank of mercial and inherently governmental activi- retary, Judicial Conference of the United the United States, transmitting, pursuant to ties; to the Committee on Governmental Af- States, a report relative to the legislative law, a report relative to a transaction in- fairs. proposals recently adopted by the Conference volving U.S. exports to the Kingdom of the EC–5311. A communication from the Audi- at its September 2003 meeting; to the Com- Netherlands; to the Committee on Banking, tor of the District of Columbia, transmit- mittee on the Judiciary. Housing, and Urban Affairs. ting, a report relative to the District’s EC–5322. A communication from the Acting EC–5299. A communication from the Chair- Sports and Entertainment Commission; to Deputy General Counsel, Office of Disaster man and President, Export-Import Bank of the Committee on Governmental Affairs. Assistance, Small Business Administration, the United States, transmitting, pursuant to EC–5312. A communication from the Man- transmitting, pursuant to law, the report of law, a report relative to a transaction in- aging Director, Federal Communications a rule entitled ‘‘Disaster Loan Program’’ volving U.S. exports to Mexico; to the Com- Commission, transmitting, pursuant to law, (RIN3245-AE82) received on November 14, mittee on Banking, Housing, and Urban Af- a copy of the Commission’s FY 2001 commer- 2003; to the Committee on Small Business fairs. cial inventory submission; to the Committee and Entrepreneurship. EC–5300. A communication from the Chair- on Governmental Affairs. EC–5323. A communication from the Assist- man and President, Export-Import Bank of EC–5313. A communication from the Chair- ant Secretary for Legislative Affairs, De- the United States, transmitting, pursuant to man of the Council of the District of Colum- partment of State, transmitting, pursuant to law, a report relative to a transaction in- bia, transmitting, pursuant to law, a report law, a report relative to U.S. military per- volving U.S. exports to Kazakhstan; to the relative to D.C. Act 15-210, ‘‘Sports and En- sonnel and U.S. individual citizens retained Committee on Banking, Housing, and Urban tertainment Commission Financial Affairs as contractors involved in the anti-narcotics Affairs. Temporary Amendment Act of 2003’’; to the campaign in Columbia; to the Committee on EC–5301. A communication from the Direc- Committee on Governmental Affairs. Foreign Relations. tor, Office of Surface Mining, Department of EC–5314. A communication from the Audi- EC–5324. A communication from the Presi- the Interior, transmitting, pursuant to law, tor of the District of Columbia, transmit- dent of the United States, transmitting, a re- the report of a rule entitled ‘‘Abandoned ting, a report relative to the District’s port relative to the President’s decision to Mine Land (AML) Reclamation Program; En- Sports and Entertainment Commission; to take no action to suspend or prohibit the hancing AML Reclamation’’ (RIN1029-AC07) the Committee on Governmental Affairs. proposed investment by Singapore Tech- received on November 17, 2003; to the Com- EC–5315. A communication from the Sec- nologies Telemedia Pte. Ltd. in Global mittee on Energy and Natural Resources. retary of Health and Human Services, trans- Crossing Ltd.; to the Committee on Banking, EC–5302. A communication from the Direc- mitting, pursuant to law, a report entitled Housing, and Urban Affairs. tor, Office of Surface Mining, Department of ‘‘National Coverage Determinations’’ rel- the Interior, transmitting, pursuant to law, ative to Medicare and Medicaid; to the Com- the report of a rule entitled ‘‘Kentucky mittee on Health, Education, Labor, and f Abandoned Mine Land (AML) Plan’’ (KY-239- Pensions. FOR) received on November 17, 2003; to the EC–5316. A communication from the Direc- REPORTS OF COMMITTEES Committee on Energy and Natural Re- tor, Regulations Policy and Management sources. Staff, Department of Health and Human The following reports of committees EC–5303. A communication from the Direc- Services, transmitting, pursuant to law, the were submitted: tor, Office of Human Resources Management, report of a rule entitled ‘‘Skin Protectant By Mr. INHOFE, from the Committee on transmitting, pursuant to law, the report of Products for Over-the-Counter Human Use; Environment and Public Works, with an a nomination confirmed for the position of Astringent Drug Products; Final Monograph; amendment: Direct Final Rule; Confirmation of Effective Assistant Secretary for Congressional and S. 551. A bill to provide for the implemen- Date’’ (RIN0910-AA01) received on November Intergovernmental Affairs, Department of tation of air quality programs developed in 14, 2003; to the Committee on Health, Edu- Energy, received on November 17, 2003; to the accordance with an Intergovernmental cation, Labor, and Pensions. Committee on Energy and Natural Re- Agreement between the Southern Ute Indian EC–5317. A communication from the Direc- sources. Tribe and the State of Colorado concerning EC–5304. A communication from the Direc- tor, Regulations Policy and Management Air Quality Control on the Southern Ute In- tor, Office of Human Resources Management, Staff, Department of Health and Human dian Reservation, and for other purposes transmitting, pursuant to law, the report of Services, transmitting, pursuant to law, the (Rept. No. 108-201). a nomination confirmed for the position of report of a rule entitled ‘‘Iron-Containing Assistant Secretary for Congressional and Supplements and Drugs; Label Warning By Mr. MCCAIN, from the Committee on Governmental Affairs, Department of En- Statements and Unit-Dose Packaging Re- Commerce, Science, and Transportation, ergy, received on November 17, 2003; to the quirements; Removal of Regulations for with an amendment in the nature of a sub- Committee on Energy and Natural Re- Unit-Dose Packaging Requirements for Die- stitute: sources. tary Supplements and Drugs’’ received on S. 733. A bill to authorize appropriations EC–5305. A communication from the Assist- November 14, 2003; to the Committee on for fiscal year 2004 for the United States ant Secretary, Legislative Affairs, Depart- Health, Education, Labor, and Pensions. Coast Guard, and for other purposes (Rept. ment of State, transmitting, pursuant to the EC–5318. A communication from the Dep- No. 108-202). Emergency Wartime Supplemental Appro- uty General Counsel, National Endowment S. 1218. A bill to provide for Presidential priations Act, a report relative to the export for the Arts, transmitting, pursuant to law, support and coordination of interagency to Iraq of electronic counter measures; to the report of a rule entitled ‘‘Government- ocean science programs and development and the Committee on Foreign Relations. wide Debarment and Suspension (Non- coordination of a comprehensive and inte- EC–5306. A communication from the Assist- procurement) and Governmentwide Require- grated United States research and moni- ant Secretary, Legislative Affairs, Depart- ments for Drug-Free Workplace (Grants)’’ toring program (Rept. No. 108–203) .

VerDate jul 14 2003 04:26 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.061 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15187 EXECUTIVE REPORTS OF FELLER, Mr. HATCH, Mr. CONRAD, Mr. cers, to guarantee the due process COMMITTEES BUNNING, Mr. GRAHAM of Florida, Mr. rights of law enforcement discipline, SANTORUM, Mr. JEFFORDS, and Mr. accountability, and due process laws. The following executive report of BREAUX): committees was submitted on Novem- S. 1896. A bill to provide extensions for cer- S. 1380 ber 17, 2003: tain expiring provisions of the Internal Rev- At the request of Mr. SMITH, the By Mr. HATCH for the Committee on the enue Code of 1986, and for other purposes; to name of the Senator from Indiana (Mr. Judiciary. the Committee on Finance. LUGAR) was added as a cosponsor of S. James B. Comey, of New York, to be Dep- By Mrs. DOLE: 1380 , a bill to distribute universal serv- uty Attorney General. S.J. Res. 25. A joint resolution proposing ice support equitably throughout rural an amendment to the Constitution of the f America, and for other purposes. United States relative to the line item veto; DISCHARGED NOMINATIONS to the Committee on the Judiciary. S. 1628 At the request of Mr. ALEXANDER, the The Senate Committee on Foreign f name of the Senator from South Da- Relations was discharged from further ADDITIONAL COSPONSORS kota (Mr. JOHNSON) was added as a co- consideration of the following nomina- sponsor of S. 1628, a bill to prescribe tions and the nominations were con- S. 595 the oath of renunciation and allegiance firmed: At the request of Mr. HATCH, the name of the Senator from Connecticut for purposes of the Immigration and Foreign Service nomination beginning Nationality Act. with Robert Goldberg and ending with Rob- (Mr. LIEBERMAN) was added as a co- ert Goldberg. sponsor of S. 595, a bill to amend the S. 1679 f Internal Revenue Code of 1986 to repeal At the request of Mr. BUNNING, the the required use of certain principal re- name of the Senator from Missouri INTRODUCTION OF BILLS AND payments on mortgage subsidy bond (Mr. TALENT) was added as a cosponsor JOINT RESOLUTIONS financings to redeem bonds, to modify of S. 1679, a bill to amend the Internal The following bills and joint resolu- the purchase price limitation under Revenue Code of 1986 to reduce the de- tions were introduced, read the first mortgage subsidy bond rules based on preciation recovery period for roof sys- and second times by unanimous con- median family income, and for other tems. sent, and referred as indicated: purposes. S. 1700 By Mrs. LINCOLN (for herself and Mr. S. 664 At the request of Mr. HATCH, the BINGAMAN): At the request of Mr. HATCH, the name of the Senator from South Da- S. 1889. A bill to amend titles XIX and XXI name of the Senator from Ohio (Mr. kota (Mr. JOHNSON) was added as a co- of the Social Security Act to permit States to cover low-income youth up to age 23 with DEWINE) was added as a cosponsor of S. sponsor of S. 1700, a bill to eliminate an enhanced matching rate; to the Com- 664, a bill to amend the Internal Rev- the substantial backlog of DNA sam- mittee on Finance. enue Code of 1986 to permanently ex- ples collected from crime scenes and By Mr. ENZI (for himself, Mr. REID, tend the research credit, to increase convicted offenders, to improve and ex- Mr. ENSIGN, Mrs. BOXER, Mr. ALLEN, the rates of the alternative incre- pand the DNA testing capacity of Fed- Mrs. MURRAY, Mr. ALLARD, Mr. mental credit, and to provide an alter- eral, State, and local crime labora- BURNS, and Mr. SMITH): native simplified credit for qualified tories, to increase research and devel- S. 1890. A bill to require the mandatory ex- research expenses. opment of new DNA testing tech- pensing of stock options granted to executive officers, and for other purposes; to the S. 857 nologies, to develop new training pro- Committee on Banking, Housing, and Urban At the request of Mr. ROCKEFELLER, grams regarding the collection and use Affairs. the name of the Senator from North of DNA evidence, to provide post-con- By Mr. GRAHAM of South Carolina Dakota (Mr. CONRAD) was added as a viction testing of DNA evidence to ex- (for himself and Mr. DURBIN): cosponsor of S. 857, a bill to amend the onerate the innocent, to improve the S. 1891. A bill to amend title 11, United Internal Revenue Code of 1986 to pro- performance of counsel in State capital States Code, to establish a priority for the cases, and for other purposes. payment of claims for duties paid to the vide a tax incentive to individuals United States by licensed customs brokers teaching in elementary and secondary S. 1858 and sureties on behalf of a debtor; to the schools located in rural or high unem- At the request of Mr. COCHRAN, the Committee on the Judiciary. ployment areas and to individuals who names of the Senator from Idaho (Mr. By Mr. BAYH: achieve certification from the National CRAIG) and the Senator from Nevada S. 1892. A bill to provide information and Board for Professional Teaching Stand- (Mr. REID) were added as cosponsors of advice to pension plan participants to assist ards, and for other purposes. S. 1858, a bill to authorize the Sec- them in making decisions regarding the in- retary of Agriculture to conduct a loan vestment of their pension plan assets, and S. 1266 for other purposes; to the Committee on Fi- At the request of Mrs. CLINTON, the repayment program to encourage the nance. names of the Senator from Georgia provision of veterinary services in By Mr. BAUCUS (for himself and Mr. (Mr. MILLER), the Senator from Indiana shortage and emergency situations. CRAIG): (Mr. LUGAR), the Senator from Arizona S.J. RES. 19 S. 1893. A bill to provide for review in the (Mr. MCCAIN) and the Senator from At the request of Mr. SPECTER, the Court of International Trade of certain de- Minnesota (Mr. DAYTON) were added as name of the Senator from New York terminations of binational panels and committees under the North American Free cosponsors of S. 1266, a bill to award a (Mrs. CLINTON) was added as a cospon- Trade Agreement; to the Committee on Fi- congressional gold medal to Dr. Doro- sor of S.J . Res. 19, a joint resolution nance. thy Height, in recognition of her many recognizing Commodore John Barry as By Mr. BINGAMAN (for himself, Mr. contributions to the Nation. the first flag officer of the United ALLEN, and Mr. HATCH): S. 1277 States Navy. S. 1894. A bill to amend the Internal Rev- At the request of Mr. BIDEN, the S. CON. RES. 81 enue Code of 1986 to provide for the deduction of interest paid in certain situations name of the Senator from California At the request of Mrs. FEINSTEIN, the where the debt is guaranteed by a related (Mrs. BOXER) was added as a cosponsor names of the Senator from Maryland foreign person; to the Committee on Fi- of S. 1277, a bill to amend title I of the (Ms. MIKULSKI) and the Senator from nance. Omnibus Crime Control and Safe New Jersey (Mr. CORZINE) were added By Ms. SNOWE (for herself and Mr. Streets Act of 1968 to provide standards as cosponsors of S. Con. Res. 81, a con- KERRY): and procedures to guide both State and current resolution expressing the deep S. 1895. A bill to temporarily extend the local law enforcement agencies and law concern of Congress regarding the fail- programs under the Small Business Act and enforcement officers during internal ure of the Islamic Republic of Iran to the Small Business Investment Act of 1958 through March 15, 2004, and for other pur- investigations, interrogation of law en- adhere to its obligations under a safe- poses; considered and passed. forcement officers, and administrative guards agreement with the Inter- By Mr. GRASSLEY (for himself, Mr. disciplinary hearings, to ensure ac- national Atomic Energy Agency and BAUCUS, Mr. SMITH, Mr. ROCKE- countability of law enforcement offi- the engagement by Iran in activities

VerDate jul 14 2003 04:26 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.048 S19PT1 S15188 CONGRESSIONAL RECORD — SENATE November 19, 2003 that appear to be designed to develop ents per employee than large patenting According to the FASB website nuclear weapons. firms. ‘‘Facts about FASB 2003–2004,’’ the S. RES. 253 Last week, I chaired a hearing in the Board follows certain precepts in the At the request of Mr. NELSON of Flor- Banking Committee’s Subcommittee conduct of its activities. They are: 1. ida, the name of the Senator from on Securities and Investment that fea- To be objective in its decision making Georgia (Mr. MILLER) was added as a tured testimony from the Financial and to ensure, insofar as possible, the cosponsor of S. Res. 253, a resolution to Accounting Standards Board (FASB) neutrality of information resulting recognize the evolution and importance and the small business community. It from its standards. To be neutral, in- of motorsports. became quite evident during the hear- formation must report economic activ- ing that FASB is ill equipped to con- ity as faithfully as possible without S. RES. 262 duct economic impact studies of the coloring the image it communicates At the request of Ms. SNOWE, the accounting standards that it adopts for the purpose of influencing behavior name of the Senator from Virginia (Mr. even through its one of their precepts. in any particular direction. 2. To ALLEN) was added as a cosponsor of S. FASB may be able to conduct a cost weight carefully the views of its con- Res. 262, a resolution to encourage the analysis of an accounting standard pro- stituents in developing concepts and Secretary of the Treasury to initiate posal determining the costs of com- standards. However, the ultimate de- expedited negotiations with the Peo- puters and additional manpower nec- terminant of concepts and standards ple’s Republic of China on establishing essary to implement a new statement. must be the Board’s judgment, based a market-based currency valuation and But, it does not have the expertise to on research, public input and careful to fulfill its commitments under inter- look at the comprehensive impact a deliberation about the usefulness of the national trade agreements. new standard may have on the econ- resulting information. 3. To promul- f omy. gate standards only when the expected In addition, as the hearing pro- benefits exceed the perceived costs. STATEMENTS ON INTRODUCED While reliable, quantitative cost-ben- BILLS AND JOINT RESOLUTIONS gressed, it was evident that FASB is not listening to small businesses, and efit calculations are seldom possible, By Mr. ENZI (for himself, Mr. not taking their concerns seriously the Board strives to determine that a REID, Mr. ENSIGN, Mrs. BOXER, about a standard that FASB Board proposed standard will meet a significant need and that the costs it im- Mr. ALLEN, Mrs. MURRAY, Mr. members stated was ‘‘set in concrete’’ poses, compared with possible alter- ALLARD, Mr. BURNS, and Mr. prior to an official comment period on natives, are justified in relation to the SMITH): any draft proposal. S. 1890. A bill to require the manda- At the hearing, small business wit- overall benefits. 4. To bring about tory expensing of stock options grant- nesses testified about how they are needed changes in ways that minimize disruption to the continuity of reported to executive officers, and for other worried that the expensing of stock oping practice. Reasonable effective dates purposes; to the Committee on Bank- tions would make this form of em- and transition provisions are estab- ing, Housing, and Urban Affairs. ployee compensation prohibitive. They lished when new standards are intro- Mr. ENZI. Mr. President, I rise to in- said it would make it very difficult if duced. The Board considers it desirable troduce the Stock Option Accounting not impossible to attract and retain that change be evolutionary to the ex- Act. This bill has been a long time in talented employees. It would also have tent that it can be accommodated by the making. It is a strong bipartisan a detrimental effect on the entrepre- the need for relevance, reliability, bill that addresses the important role neurial nature and spirit of our coun- comparability and consistency. 5. To stock options play in our economy. try. In all of my years listening on this As an Accountant, and as a member review the effects of past decisions and issue, not one small business owner has interpret, amend or replace standards of the Senate who was a small busi- spoken in favor of expensing stock op- nessman for many years, I tend to be- in timely fashion when such action is tions. indicated. lieve most of the issues we address in After the hearing, I was more con- Congress should be examined with an Precept number 3 greatly interests vinced than ever that legislation like me. I am very concerned that FASB eye toward preserving the strength and this bill was needed to address the has repeatedly refused to consider the integrity of our small business sector, issue of the expensing of stock options. economic consequences of its decisions. and ensuring that the regulations that A key element of FASB’s current The mandatory expending of all em- govern it are fair and preserve and pro- structure is its independence and I ployee stock options has serious eco- mote, rather than discourage, innova- want to make it clear that I support nomic, labor, trade and competitive- tion and competition. that principle. FASB’s independence, ness implications. These issues fall I think that’s something we can all like freedom, must be earned—and it’s squarely within the jurisdiction and agree on, so I know I won’t have to go independence does not provide a shield oversight of Congress. It’s not hard to into too much detail about the impor- that absolves FASB of accountability imagine what would be said of Congress tance of our small business sector, es- and due process. if we failed to take note of the eco- pecially our small, high tech busi- When it comes to the issue of stock nomic implications of the actions we nesses. When it comes to small busi- options, a case can be made that FASB take on the floor. nesses, especially our high technology took up the project with a pre-ordained Simply put, at the end of the day, if centers, we truly are the envy of the result in mind. It’s no surprise, there- FASB is going to earn its independ- world. Our talented and creative engi- fore, that the process that was estab- ence, it will have to adhere to a process neers and inventors have paved the lished to pursue the matter seems to that is objective, fair, open and bal- way for innovations in advanced tech- reflect a project that was begun with anced. So far, FASB seems to be more nologies and computer software that the end in mind. There is enough evi- concerned about getting the job done— other countries will always try to imi- dence there to at least make one won- than in getting it right. tate. der. That is why I am offering legislation Here in the United States, our Small First, FASB doesn’t seem to have that will expense the stock options Business Administration is well aware given much consideration to the more given to the top five executives of a of the importance of that sector to our than 200 public comment letters they company, exempt small businesses and Nation’s economy. Nearly 23 million received. The public comments made start up companies, and set conditions strong, small businesses represent by FASB Board Members seem to also for the expensing of broad-based op- more than 99.7 percent of all employ- reflect a skewed process, as does the tions for the remaining employees. I ers, employ more than half of all pri- lack of response to the many high tech treat the three groups differently in vate sector employees, generate 60 to companies that have visited with this matter because a very real and 80 percent of net new jobs annually, FASB in the past several months. In strong accounting distinction exists create more than 50 percent of nonfarm addition, FASB has refused to conduct between the two types of workers. private gross domestic product (GDP) real road tests to actual valuation First of all, in a very real sense the and produce 13 to 14 times more pat- methods. top five executives of an organization

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.050 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15189 are different from the general em- grant date. There are several other small business and therefore is not lis- ployee group in the manner in which areas where estimates are made in fi- tening to the future of our country. they are treated by the SEC and the nancial statements, and then corrected FASB is therefore ill equipped to make manner in which their compensation is over time as the precise facts are the economic analysis decisions to de- defined and distributed from an ac- learned. Today, no such corrections are termine the true effect of stock option counting perspective. made in the stock options area—a fun- expensing on our economy. The top five executives, for instance, damental flaw in the system. In addition, the bill also targets the are treated differently when it comes To address these issues, the bill has invasion’s need for greater information to their compensation and a wide range three major components. First, the bill on executive compensation. I ask my of other matters. Proxy rules, for in- would target executive compensation. colleagues to take a serious look at stance, require significant additional A company would be required to ex- this bill and to support its passage. disclosures from the top five executives pense immediately options of the top I ask unanimous consent that a sum- than they do of any other group. five highly compensated individuals at mary of the bill be printed in the Second, from an accounting perspec- a company. The Securities and Ex- RECORD. tive, there is a clear distinction be- change Commission already requires There being no objection, the sum- tween executives and the broad em- this information in annual statements mary was ordered to be printed in the ployee group. In their recent book, In and proxy statements. In addition, it RECORD, as follows: the Company of Owners, Professor Jo- would provide investors with a clearer SUMMARY OF KEY PROVISIONS OF THE ENZI- seph Blasi and Douglas Kruse con- understanding of the stock options of REID STOCK OPTION ACCOUNTING REFORM ACT cluded, based on extensive research, top company officials. This also would MANDATORY EXPENSING OF STOCK OPTION HELD that options granted to all but the top work in conjunction with the self-regu- BY HIGHLY COMPENSATED OFFICERS executives in a company are not labor latory organization’s rules, approved The legislation requires that the chief ex- income, but a form of capital income. last week by the Securities and Ex- ecutive officer and the next four most highly To quote from their book, ‘‘They rep- change Commission, to require share- compensated executive officers shall expense resent risk sharing profits that work- holder approval of stock option plans. their stock options in the annual reports ers receive on top of their normal mar- Second, small business would be ex- filed with the Commission. Expensing the options granted to the CEO ket wages and benefits. As such, it empt from expensing stock options. and next four most highly compensated exec- makes little sense to deduct the value The exemption for small businesses utive officers would go into effect imme- of those options from profits.’’ would follow the current SEC rules for diately. In addition, Blasi and Kruse found defining small businesses. The bill This is consistent with information that that, ‘‘options turn employees into eco- would allow small companies a 3-year must be filed with the Commission as part of nomic partners in the enterprise. As grace period after an initial public of- Securities Exchange Commission Regulation such, they stand to share in the stock fering prior to a company being re- S–K and part of proxy statement filings pur- appreciation that they help to bring suant to Securities Exchange Act Rule 14. quired to expense stock options. This The section would require that the ’‘fair about. . . . Options provide an addi- would allow a sufficient period of time value’’ of a stock option would be equal to tional dimension to their employment to work out any initial volatility after the value that would be agreed upon by a relationship, allowing workers to par- the initial public offering. willing buyer and seller taking into account ticipate in both the risks and the re- Finally, the bill would not permit the all of the characteristics and restrictions im- wards of property ownership. . . . Securities and Exchange Commission posed upon the stock option. There’s substantial economic evidence to recognize a stock option expensing In light of the extreme inaccuracy of exist- that options bring workers capital standard unless two things happen. ing stock valuation models (e.g., Black rather than labor income. . . . The First, companies must be able to recog- Scholes, binomial, etc.), particularly with regard to the factor that requires companies earnings workers get from options nize the true expense of stock options to predict the volatility of their stock price, comes on top of their regular market on their financial statements. Cur- the legislation requires that the assumed wage.’’ rently, FASB wants companies to ex- volatility of the underlying stock option In contrast, options for top execu- pense stock options upon the grant shall be considered zero. tives function more as labor income, date of an option. Unfortunately, the SMALL BUSINESS EXEMPTION particularly in companies without current valuation models for stock op- The legislation exempts from the top five broad based option plans. These top ex- tions, Black-Scholes, binomial, Crystal expensing requirement all small businesses ecutives bargain for their entire ‘‘com- Ball, and others, are horrible indica- as defined currently by the Securities and pensation’’ package and, in many tors of the true cost to a company Exchange Commission pursuant to Regula- cases, stock options represent a large stock options. tion S–B. part of the total package. Their nego- The bill would require that a com- The legislation also delays stock option ex- pany be able to ‘‘true-up’’ its financial pensing of a small business issuer until three tiations about compensation are dis- years after an initial public offering has tinctly different than other employees. statements when a stock option is ex- taken place. This would allow a small busi- That brings me to our bill and its ercised, lapses or is forfeited. If the ness issuer’s stock to settle down from the purpose—or, to continue with my line cost goes up then the company must initial volatility of the initial public offer- of reasoning—If these two groups record the increase when an option is ing. should be compensated differently for exercised. Likewise, if an option lapses PROHIBITION ON EXPENSING; ‘‘TRUING UP’’ their efforts when it comes to stock op- or is forfeited then a company should REQUIREMENT; AND ECONOMIC IMPACT STUDY tions, how should it be done? be able to wipe those previously taken The legislation prohibits the SEC from rec- Our legislation would mandate a expenses off its balanced sheet. This is ognizing any stock option expensing ac- valuation method of the options given only fair. counting standard set by a standard setting to the top five executives that does not The second item prior to an account- body unless and until: 1. The expensing require companies to predict their fu- ing standard to be recognized is the standard recognizes the true expense of the ture stock price volatility. One of the completion of an economic analysis stock option on a company’s financial statement when the option is exercised, expires or members of the Option Valuation study by the Secretary of Commerce is forfeited, a ‘‘truing up’’ requirement; and Group, Fred Cook, appointed by the and the Secretary of Labor. This study 2. A comprehensive economic impact study FASB strongly recommended this would look at how the use of stock op- has been conducted by the Departments of method—one where stock price vola- tions may stimulate economic growth Commerce and Labor. tility is set at zero so that companies in our nation’s economy. In addition, As to the first requirement above, cur- don’t have to use a crystal ball and try the study would relate how stock op- rently, stock options must be expensed based to predict their future stock price. tions expensing could effect the upon the grant date of the option. There is Another key principle in our legisla- no ‘‘truing up,’’ or correcting, errors made at competiveness of U.S. companies in the time of grant when subsequent events tion is the requirement that FASB de- international markets. prove the initial estimates to be inaccurate. velop a method of ‘‘truing up’’—or cor- I strongly believe that this bill is es- The legislation requires that when an option recting errors—that are made when sential to our economic strength. It is is exercised, expires or is forfeited, the com- stock option estimates are made at clear that FASB is not listening to pany would reconcile the actual expense to

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.053 S19PT1 S15190 CONGRESSIONAL RECORD — SENATE November 19, 2003 the company to the amount expensed pre- SECTION 1. NOTICE OF HIGH CONCENTRATION provided to any individual during a taxable viously upon the date of grant. OF PENSION ASSETS IN EMPLOYER year shall not exceed $1,500. As to the second requirement, the legisla- SECURITIES. ‘‘(B) ADJUSTED GROSS INCOME.—No amount tion requires the Secretary of Commerce and (a) IN GENERAL.—Section 105 of the Em- may be excluded with respect to qualified re- the Secretary of Labor to conduct and com- ployee Retirement Income Security Act of tirement planning services provided during a plete a joint study on the economic impact 1974 (29 U.S.C. 1025) in amended by adding at taxable year if the modified adjusted gross of the mandatory expensing of all employee the end of the following new subsection: income of the taxpayer for such taxable year ‘‘(e) NOTICE OF HIGH CONCENTRATION OF stock options. The study will address: 1. the exceeds $100,000 ($200,000 in the case of mar- PLAN ASSETS IN EMPLOYER SECURITIES.— use of broad-based stock option plans in ex- ried individuals filing a joint return). For ‘‘(1) IN GENERAL.—In the case of an indi- panding employee corporate ownership to purposes of this subparagraph, the term vidual account plan to which this subsection workers at a wide range of income levels ‘modified adjusted gross income’ means ad- applies, if the percentage of assets in the in- with particular focus on non-executive work- justed gross income, determined without re- dividual account that consists of employer ers; 2. the role of such plans in the recruit- gard to this section and sections 911, 931, and securities and employer real property ex- ment and retention of skilled workers; 3. the 933. ceeds 50 percent of the total account, the role of such plans in stimulating research ‘‘(3) CASH REIMBURSEMENTS.—For purposes plan administrator shall include with the ac- and innovation; 4. the effect of such plans in of this subsection, the term ‘qualified retire- count statement a notice that the account stimulating the economic growth of the ment planning services’ includes a cash re- may be overinvested in employer securities United States; and 5. the role of such plans imbursement by an employer to an employee and employer real property. Any determina- in strengthening the international competi- for a benefit described in paragraph (1). tion under this paragraph shall be made as of tiveness of United States’ businesses. ‘‘(4) NO CONSTRUCTIVE RECEIPT.—No amount the most recent valuation date under the shall be included in the gross income of any Mr. REID. Mr. President, I want to plan. employee solely because the employee may thank Senators ENZI, ENSIGN, BOXER, ‘‘(2) EXCLUSION OF ASSETS HELD THROUGH choose between any qualified retirement POOLED INVESTMENT VEHICLES.—Employer se- and ALLEN for their hard work and con- planning services provided by a qualified in- curities and employer real property held tinued efforts on this issue. vestment advisor and compensation which through an investment option of the plan It is with pleasure that I introduce would otherwise be includible in the gross in- which is not designed to invest primarily in bipartisan legislation, the Stock Op- come of such employee. The preceding sen- employer securities or employer real prop- tion Accounting Reform Act of 2003, tence shall apply to highly compensated em- erty shall not be taken under paragraph (1) ployees only if the choice described in such that is good for economic growth and is determining the percentage of assets that sentence is available on substantially the the American way. consist of employer securities and employer same terms to each member of the group of We have to protect investors and real property. employees normally provided education and stockholders by ensuring that our Na- ‘‘(3) APPLICATION.— information regarding the employer’s quali- ‘‘(A) IN GENERAL.—This subsection shall tion’s accounting standards are trans- fied employer plan.’’ parent, open and balanced. At the same apply to any individual account plan which— ‘‘(i) holds employer securities which are (b) CONFORMING AMENDMENTS.— time, we don’t want to choke the en- (1) Section 403(b)(3)(B) of such Code is trepreneurial spirit of start-up compa- readily tradable on an established securities market, and amended by inserting ‘‘132(m)(4),’’ after nies with too much bureaucratic red ‘‘(ii) permits a participant or beneficiary ‘‘132(f)(4),’’. tape. to exercise control over assets in the individ- (2) Section 414(s)(2) of such Code is amend- This legislation achieves just the ual’s account. ed by inserting ‘‘132(m)(4),’’ after ‘‘132(f)(4),’’. right balance. It gives regulators a ‘‘(B) EXCEPTION FOR ESOPS.—This sub- (3) Section 415(c)(3)(D)(ii) of such Code is framework to protect the integrity of section shall not apply to an employee stock amended by inserting ‘‘132(m)(4),’’ after the accounting process, but it doesn’t ownership plan (as defined in section ‘‘132(f)(4),’’. stifle free enterprise. 4795(e)(7)) of the Internal Revenue Code of (c) EFFECTIVE DATE.—The amendment This bill requires a joint study by the 1986) if the plan has no contributions which made by this section shall apply to taxable are subject to section 401 (k) or (m) of such years beginning after December 31, 2003. Department of Labor and Department Code. of Commerce to help FASB (Financial ‘‘(4) EMPLOYER SECURITIES AND REAL PROP- By Mr. GRASSLEY (for himself, Accounting Standards Board) treat ERTY.—For purposes of this subsection, the stock options fairly. It will help regu- terms ‘employer securities’ and ‘employer Mr. BAUCUS, Mr. SMITH, Mr. lators valuate stocks for accounting real property’ have the meanings given such ROCKEFELLER, Mr. HATCH, Mr. purposes. It will curb stock option terms by paragraphs (1) and (2) of section CONRAD, Mr. BUNNING, Mr. abuse by requiring the top five execu- 407(d), respectively.’’ GRAHAM of Florida, Mr. (b) PENALTY.—Section 502 of the Employee tives at large companies to expense SANTORUM, Mr. JEFFORDS, and Retirement Income Security Act of 1974 (29 Mr. BREAUX): their options. This will provide a true U.S.C. 1132) is amended— picture of a company’s financial (1) in subsection (a)(6), by striking ‘‘(6), or S. 1896. A bill to provide extensions health. (7)’’ and inserting ‘‘(6), (7), or (8)’’, for certain expiring provisions of the Finally, it will protect small busi- (2) by redesignating paragraph (8) of sub- Internal Revenue Code of 1986, and for nesses and start-ups that rely upon section (c) as paragraph (9), and other purposes; to the Committee on stock options to attract good employ- (3) by inserting after paragraph (7) the fol- Finance. lowing new paragraph: ees. Mr. GRASSLEY. Mr. President, I ask This bill is good for emerging compa- ‘‘(8) The Secretary may assess a civil penalty against a plan administrator of up to unanimous consent that the text of the nies and good for consumers. It’s a bal- $100 a day from the date of the plan adminis- bill be printed in the RECORD. anced approach that deserves broad bi- trator’s failure or refusal to provide notice There being no objection, the bill was partisan support. to participants and beneficiaries in accord- ordered to be printed in the RECORD, as ance with section 105(e). For purposes of this By Mr. BAYH: paragraph, each violation with respect to follows: S. 1892. A bill to provide information any single participant or beneficiary shall be S. 1896 and advice to pension plan participants treated as a separate violation.’’ to assist them in making decisions re- (c) EFFECTIVE DATE.—The amendments Be it enacted by the Senate and House of Rep- resentatives of the United States of America in garding the investment of their pen- made by this section shall apply to plan years beginning after December 31, 2003. Congress assembled, sion plan assets, and for other pur- SEC. 2. TREATMENT OF QUALIFIED RETIREMENT poses; to the Committee on Finance. SECTION 1. SHORT TITLE; AMENDMENT OF 1986 PLANNING SERVICES. CODE. Mr. BAYH. Mr. President, I ask unan- (a) IN GENERAL.—Subsection (m) of section imous consent that the text of the bill 132 of the Internal Revenue Code of 1986 (de- (a) SHORT TITLE.—This Act may be cited as the ‘‘Tax Relief Extension Act of 2003’’. be printed in the RECORD. fining qualified retirement services) is There being no objection, the Bill amended by redesignating paragraphs (2) and (b) AMENDMENT OF 1986 CODE.—Except as was ordered to be printed in the (3) as paragraphs (5) and (6), respectively, otherwise expressly provided, whenever in and by inserting after paragraph (1) the fol- this Act an amendment or repeal is ex- RECORD, as follows: lowing: pressed in terms of an amendment to, or re- S. 1892 ‘‘(2) LIMITATIONS.— peal of, a section or other provision, the ref- Be it enacted by the Senate and House of Rep- ‘‘(A) DOLLAR LIMITATION.—The aggregate erence shall be considered to be made to a resentatives of the United States of America in amount which may be excluded with respect section or other provision of the Internal Congress assembled, to qualified retirement planning services Revenue Code of 1986.

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.055 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15191 TITLE I—EXTENSIONS OF CERTAIN SEC. 109. CREDIT FOR QUALIFIED ELECTRIC VE- SEC. 114. EXPANSION OF WOTC TO NEW YORK EXPIRING PROVISIONS HICLES. LIBERTY ZONE. N ENERAL SEC. 101. PARITY IN THE APPLICATION OF CER- (a) IN GENERAL.—Section 30 is amended— (a) I G .—Subclause (I) of section TAIN LIMITS TO MENTAL HEALTH (1) in subsection (b)(2)— 1400L(a)(2)(D)(iv) is amended by inserting ‘‘or BENEFITS. (A) by striking ‘‘December 31, 2003,’’ and the period beginning after December 31, 2003, (a) IN GENERAL.—Paragraph (2) of section inserting ‘‘June 30, 2004,’’, and before July 1, 2004’’ after ‘‘2003’’. 9812(f) is amended by striking ‘‘December 31, (B) in subparagraph (A), by striking ‘‘cal- (b) CONFORMING AMENDMENT.—Subclause 2003’’ and inserting ‘‘June 30, 2004’’. endar year 2004’’ and inserting ‘‘after June (II) of section 1400L(a)(2)(D)(iv) is amended (b) EFFECTIVE DATE.—The amendment 30, 2004, and before July 1, 2005’’, by inserting ‘‘or period described in sub- made by subsection (a) shall take effect on (C) in subparagraph (B), by striking ‘‘cal- clause (I)’’ after ‘‘year’’. January 1, 2004. endar year 2005’’ and inserting ‘‘after June (c) EFFECTIVE DATE.—The amendments SEC. 102. CREDIT FOR ELECTRICITY PRODUCED 30, 2005, and before July 1, 2006’’, and made by this section shall apply to individ- FROM CERTAIN RENEWABLE RE- (D) in subparagraph (C), by striking ‘‘cal- uals who begin work for the employer after SOURCES. endar year 2006’’ and inserting ‘‘after June December 31, 2003. (a) IN GENERAL.—Subparagraphs (A), (B), 30, 2006, and before July 1, 2007’’, and SEC. 115. TEMPORARY SPECIAL RULES FOR TAX- and (C) of section 45(c)(3) are each amended (2) in subsection (e), by striking ‘‘Decem- ATION OF LIFE INSURANCE COMPA- by striking ‘‘January 1, 2004’’ and inserting ber 31, 2006’’ and inserting ‘‘June 30, 2007’’. NIES. ‘‘July 1, 2004’’. (b) CONFORMING AMENDMENT.—Clause (iii) (a) IN GENERAL.—Subsection (j) of section (b) EFFECTIVE DATE.—The amendments of section 280F(a)(1)(C) is amended by strik- 809 is amended by striking ‘‘or 2003’’ and in- made by subsection (a) shall apply to facili- ing ‘‘January 1, 2007’’ and inserting ‘‘July 1, serting ‘‘2003, or 2004’’. ties placed in service after December 31, 2003. 2007’’. (b) EFFECTIVE DATE.—The amendment SEC. 103. WORK OPPORTUNITY CREDIT. (c) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to taxable (a) IN GENERAL.—Subparagraph (B) of sec- made by this section shall apply to property years beginning after December 31, 2003. tion 51(c)(4) is amended by striking ‘‘Decem- placed in service after December 31, 2003. SEC. 116. TAX INCENTIVES FOR INVESTMENT IN ber 31, 2003’’ and inserting ‘‘June 30, 2004’’. SEC. 110. DEDUCTION FOR CLEAN-FUEL VEHI- THE DISTRICT OF COLUMBIA. (b) EFFECTIVE DATE.—The amendment CLES AND CERTAIN REFUELING (a) DESIGNATION OF ZONE.—Subsection (f) of made by subsection (a) shall apply to indi- PROPERTY. section 1400 is amended by striking ‘‘Decem- viduals who begin work for the employer (a) IN GENERAL.—Section 179A is amend- ber 31, 2003’’ both places it appears and in- after December 31, 2003. ed— serting ‘‘June 30, 2004’’. SEC. 104. WELFARE-TO-WORK CREDIT. (1) in subsection (b)(1)(B)— (b) TAX-EXEMPT ECONOMIC DEVELOPMENT (a) IN GENERAL.—Subsection (f) of section (A) by striking ‘‘December 31, 2003,’’ and BONDS.—Subsection (b) of section 1400A is 51A is amended by striking ‘‘December 31, inserting ‘‘June 30, 2004,’’, amended by striking ‘‘December 31, 2003’’ and 2003’’ and inserting ‘‘June 30, 2004’’. (B) in clause (i), by striking ‘‘calendar year inserting ‘‘June 30, 2004’’. (b) EFFECTIVE DATE.—The amendment 2004’’ and inserting ‘‘after June 30, 2004, and (c) ZERO PERCENT CAPITAL GAINS RATE.— made by subsection (a) shall apply to indi- before July 1, 2005’’, (1) IN GENERAL.—Subsection (b) of section viduals who begin work for the employer (C) in clause (ii), by striking ‘‘calendar 1400B is amended by striking ‘‘January 1, after December 31, 2003. year 2005’’ and inserting ‘‘after June 30, 2005, 2004’’ each place it appears and inserting and before July 1, 2006’’, and ‘‘July 1, 2004’’. SEC. 105. TAXABLE INCOME LIMIT ON PERCENT- AGE DEPLETION FOR OIL AND NAT- (D) in clause (iii), by striking ‘‘calendar (2) CONFORMING AMENDMENTS.— URAL GAS PRODUCED FROM MAR- year 2006’’ and inserting ‘‘after June 30, 2006, (A) Section 1400B(e)(2) is amended— GINAL PROPERTIES. and before July 1, 2007’’, and (i) by striking ‘‘December 31, 2008’’ and in- (a) IN GENERAL.—Subparagraph (H) of sec- (2) in subsection (f), by striking ‘‘December serting ‘‘June 30, 2009’’, and tion 613A(c)(6) is amended— 31, 2006’’ and inserting ‘‘June 30, 2007’’. (ii) by striking ‘‘2008’’ in the heading and (1) by striking ‘‘January 1, 2004’’ and in- (b) EFFECTIVE DATE.—The amendments inserting ‘‘JUNE 2009’’. serting ‘‘July 1, 2004’’, and made by subsection (a) shall apply to prop- (B) Section 1400B(g)(2) is amended by strik- (2) by adding at the end the following new erty placed in service after December 31, ing ‘‘December 31, 2008’’ and inserting ‘‘June sentence: ‘‘In the case of any taxable year 2003. 30, 2009’’. beginning after December 31, 2003, which in- SEC. 111. DEDUCTION FOR CERTAIN EXPENSES (C) Section 1400F(d) is amended by striking cludes June 30, 2004, any increase in the al- OF SCHOOL TEACHERS. ‘‘December 31, 2008’’ and inserting ‘‘June 30, lowance for depletion by reason of this sub- (a) IN GENERAL.—Subparagraph (D) of sec- 2009’’. paragraph shall be equal to the amount tion 62(a)(2) is amended— (d) FIRST-TIME HOMEBUYER CREDIT.—Sub- which bears the same ratio to the increase in (1) by inserting ‘‘and the period beginning section (i) of section 1400C is amended by such allowance determined without regard to after December 31, 2003, and before July 1, striking ‘‘January 1, 2004’’ and inserting this sentence as the number of days in the 2004,’’ after ‘‘2003,’’, and ‘‘July 1, 2004’’. taxable year before July 1, 2004, bears to the (2) by inserting ‘‘for each taxable year or (e) EFFECTIVE DATE.—The amendments total number of days in such taxable year.’’. $125 for such period’’ after ‘‘$250’’. made by this section shall take effect on (b) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments January 1, 2004. made by subsection (a) shall apply to taxable made by subsection (a) shall apply to ex- SEC. 117. COMBINED EMPLOYMENT TAX REPORT- years beginning after December 31, 2003. penses paid or incurred after December 31, ING PROGRAM. SEC. 106. QUALIFIED ZONE ACADEMY BONDS. 2003. (a) IN GENERAL.—Paragraph (1) of section (a) IN GENERAL.—Paragraph (1) of section SEC. 112. AVAILABILITY OF MEDICAL SAVINGS 976(b) of the Taxpayer Relief Act of 1997 is 1397E(e) is amended by inserting ‘‘$200,000,000 ACCOUNTS. amended by striking ‘‘for a period ending for the period beginning after December 31, (a) IN GENERAL.—Paragraphs (2) and (3)(B) with the date which is 5 years after the date 2003, and before July 1, 2004,’’ after ‘‘2003,’’. of section 220(i) (defining cut-off year) are of the enactment of this Act’’ and inserting (b) EFFECTIVE DATE.—The amendment each amended by striking ‘‘2003’’ each place ‘‘during the period ending before July 1, made by subsection (a) shall apply to obliga- it appears and inserting ‘‘2004’’. 2004’’. tions issued after December 31, 2003. (b) CONFORMING AMENDMENTS.— (b) EFFECTIVE DATE.—The amendment SEC. 107. COVER OVER OF TAX ON DISTILLED (1) Paragraph (2) of section 220(j) is amend- made by subsection (a) shall apply to disclo- SPIRITS. ed by striking ‘‘1998, 1999, 2001, or 2002’’ each sures on or after the date of the enactment (a) IN GENERAL.—Paragraph (1) of section place it appears and inserting ‘‘1998, 1999, of this Act. 7652(f) is amended by striking ‘‘January 1, 2001, 2002, or 2003’’. TITLE II—REVENUE PROVISIONS 2004’’ and inserting ‘‘July 1, 2004’’. (2) Subparagraph (A) of section 220(j)(4) is SEC. 201. ADDITION OF VACCINES AGAINST HEPA- (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘and 2002’’ and insert- TITIS A TO LIST OF TAXABLE VAC- made by subsection (a) shall apply to articles ing ‘‘2002, and 2003’’. CINES. brought into the United States after Decem- (c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section 4132(a)(1) (defin- ber 31, 2003. made by this section shall take effect on ing taxable vaccine) is amended by redesig- SEC. 108. DEDUCTION FOR CORPORATE DONA- January 1, 2004. nating subparagraphs (I), (J), (K), and (L) as TIONS OF COMPUTER TECHNOLOGY. SEC. 113. EXPENSING OF ENVIRONMENTAL REME- subparagraphs (J), (K), (L), and (M), respec- (a) EXTENSION OF DEDUCTION.—Section DIATION COSTS. tively, and by inserting after subparagraph 170(e)(6)(G) (relating to termination) is (a) EXTENSION OF TERMINATION DATE.—Sub- (H) the following new subparagraph: amended by striking ‘‘contribution made section (h) of section 198 is amended by ‘‘(I) Any vaccine against hepatitis A.’’. during any taxable year beginning after De- striking ‘‘December 31, 2003’’ and inserting (b) CONFORMING AMENDMENT.—Section cember 31, 2003’’ and inserting ‘‘contribution ‘‘June 30, 2004’’. 9510(c)(1)(A) is amended by striking ‘‘October made after June 30, 2004’’. (b) EFFECTIVE DATE.—The amendment 18, 2000’’ and inserting ‘‘the date of the en- (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to expend- actment of the Tax Relief Extension Act of made by subsection (a) shall apply to con- itures paid or incurred after December 31, 2003’’. tributions made after December 31, 2003. 2003. (c) EFFECTIVE DATE.—

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.058 S19PT1 S15192 CONGRESSIONAL RECORD — SENATE November 19, 2003 (1) SALES, ETC.—The amendments made by There being no objection, the joint Sec. 102. Provision of health care to vet- this section shall apply to sales and uses on resolution was ordered to be printed in erans who participated in cer- or after the first day of the first month the RECORD, as follows: tain Department of Defense which begins more than 4 weeks after the chemical and biological warfare S. J. RES. 25 date of the enactment of this Act. testing. (2) DELIVERIES.—For purposes of paragraph Resolved by the Senate and House of Rep- Sec. 103. Eligibility for Department of Vet- (1) and section 4131 of the Internal Revenue resentatives of the United States of America in erans Affairs health care for Code of 1986, in the case of sales on or before Congress assembled (two-thirds of each House certain Filipino World War II the effective date described in such para- concurring therein), That the following article veterans residing in the United graph for which delivery is made after such is proposed as an amendment to the Con- States. date, the delivery date shall be considered stitution of the United States, which shall be Sec. 104. Enhancement of rehabilitative the sale date. valid to all intents and purposes as part of services. the Constitution when ratified by the legis- SEC. 202. ADDITION OF VACCINES AGAINST IN- Sec. 105. Enhanced agreement authority for latures of three-fourths of the several States provision of nursing home care FLUENZA TO LIST OF TAXABLE VAC- within seven years after the date of its sub- CINES. and adult day health care in mission by the Congress: (a) IN GENERAL.—Section 4132(a)(1) (defin- contract facilities. ‘‘ARTICLE — ing taxable vaccine), as amended by this Act, Sec. 106. Five-year extension of period for is amended by adding at the end the fol- ‘‘SECTION 1. Congress shall have the power provision of noninstitutional lowing new subparagraph: to enact a line-item veto.’’. extended-care services and re- ‘‘(N) Any trivalent vaccine against influ- f quired nursing home care. enza.’’. Sec. 107. Expansion of Department of Vet- AMENDMENTS SUBMITTED & (b) EFFECTIVE DATE.— erans Affairs pilot program on PROPOSED (1) SALES, ETC.—The amendment made by assisted living for veterans. Sec. 108. Improvement of program for provi- this section shall apply to sales and uses on SA 2203. Mr. THOMAS (for Mr. SPECTER sion of specialized mental or after the later of— (for himself and Mr. GRAHAM, of Florida)) (A) the first day of the first month which proposed an amendment to the bill S. 1156, to health services to veterans. begins more than 4 weeks after the date of amend title 38, United States Code, to im- TITLE II—CONSTRUCTION AND the enactment of this Act, or prove and enhance the provision of health FACILITIES MATTERS (B) the date on which the Secretary of care for veterans, to authorize major con- Subtitle A—Program Authorities Health and Human Services lists any vaccine struction projects and other facilities mat- Sec. 201. Increase in threshold for major against influenza for purposes of compensa- ters for the Department of Veterans Affairs, medical facility construction tion for any vaccine-related injury or death to enhance and improve authorities relating projects. through the Vaccine Injury Compensation to the administration of personnel of the De- Sec. 202. Enhancements to enhanced-use Trust Fund. partment of Veterans Affairs, and for other lease authority. (2) DELIVERIES.—For purposes of paragraph purposes. Sec. 203. Simplification of annual report on (1) and section 4131 of the Internal Revenue SA 2204. Mr. THOMAS (for Mr. SPECTER) long-range health planning. Code of 1986, in the case of sales on or before proposed an amendment to the bill S. 1156, Subtitle B—Project Authorizations the effective date described in such para- supra. graph for which delivery is made after such SA 2205. Mr. THOMAS (for Mr. SPECTER Sec. 211. Authorization of major medical fa- date, the delivery date shall be considered (for himself and Mr. GRAHAM, of Florida)) cility projects. the sale date. proposed an amendment to the bill H.R. 2297, Sec. 212. Authorization of major medical fa- to amend title 38, United States Code, to im- cility leases. SEC. 203. EXTENSION OF TRANSFERS OF EXCESS Sec. 213. Advance planning authorizations. PENSION ASSETS TO RETIREE prove benefits under laws administered by HEALTH ACCOUNTS. the Secretary of Veterans Affairs, and for Sec. 214. Authorization of appropriations. (a) AMENDMENT OF INTERNAL REVENUE CODE other purposes. Subtitle C—Capital Asset Realignment for SA 2206. Mr. SPECTER submitted an OF 1986.—Paragraph (5) of section 420(b) (re- Enhanced Services Initiative amendment intended to be proposed by him lating to expiration) is amended by striking Sec. 221. Authorization of major construc- to the bill S. 671, to amend the Harmonized ‘‘December 31, 2005’’ and inserting ‘‘Decem- tion projects in connection Tariff Schedule of the United States to mod- ber 31, 2013’’. with Capital Asset Realignment ify temporarily certain rates of duty, to (b) AMENDMENTS OF ERISA.— Initiative. make other technical amendments to the (1) Section 101(e)(3) of the Employee Re- Sec. 222. Advance notification of capital trade laws, and for other purposes; which was tirement Income Security Act of 1974 (29 asset realignment actions. ordered to lie on the table. U.S.C. 1021(e)(3)) is amended by striking Sec. 223. Sense of Congress and report on ac- ‘‘Tax Relief Extension Act of 1999’’ and in- f cess to health care for veterans serting ‘‘Tax Relief Extension Act of 2003’’. TEXT OF AMENDMENTS in rural areas. (2) Section 403(c)(1) of such Act (29 U.S.C. Subtitle D—Plans for New Facilities SA 2203. Mr. THOMAS (for Mr. SPEC- 1103(c)(1)) is amended by striking ‘‘Tax Relief Sec. 231. Plans for facilities in specified TER (for himself and Mr. GRAHAM of Extension Act of 1999’’ and inserting ‘‘Tax areas. Relief Extension Act of 2003’’. Florida)) proposed an amendment to Sec. 232. Study and report on feasibility of (3) Paragraph (13) of section 408(b) of such the bill S. 1156, to amend title 38, coordination of veterans health Act (29 U.S.C. 1108(b)(3)) is amended— United States Code, to improve and en- care services in South Carolina (A) by striking ‘‘January 1, 2006’’ and in- hance the provision of health care for with new university medical serting ‘‘January 1, 2014’’, and veterans, to authorize major construc- center. (B) by striking ‘‘Tax Relief Extension Act of 1999’’ and inserting ‘‘Tax Relief Extension tion projects and other facilities mat- Subtitle E—Designation of Facilities Act of 2003’’. ters for the Department of Veterans Sec. 241. Designation of Department of Vet- SEC. 204. EXTENSION OF IRS USER FEES. Affairs, to enhance and improve au- erans Affairs medical center, thorities relating to the administra- Prescott, Arizona, as the Bob (a) IN GENERAL.—Section 7528(c) (relating Stump Department of Veterans to termination) is amended by striking ‘‘De- tion of personnel of the Department of Affairs Medical Center. cember 31, 2004’’ and inserting ‘‘December 31, Veterans Affairs, and for other pur- Sec. 242. Designation of Department of Vet- 2011’’. poses; as follows: erans Affairs health care facil- (b) EFFECTIVE DATE.—The amendment Strike all after the enacting clause and in- ity, Chicago, Illinois, as the made by this section shall apply to requests sert the following: Jesse Brown Department of after the date of the enactment of this Act. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Veterans Affairs Medical Cen- (a) SHORT TITLE.—This Act may be cited as ter. the ‘‘Veterans Health Care, Capital Asset, Sec. 243. Designation of Department of Vet- By Mrs. DOLE: and Business Improvement Act of 2003’’. erans Affairs medical center, S.J. Res. 25. A joint resolution pro- (b) TABLE OF CONTENTS.—The table of con- Houston, Texas, as the Michael posing an amendment to the Constitu- tents for this Act is as follows: E. DeBakey Department of Vet- Sec. 1. Short title; table of contents. erans Affairs Medical Center. tion of the United States relative to Sec. 2. References to title 38, United States the line item veto; to the Committee Sec. 244. Designation of Department of Vet- Code. erans Affairs medical center, on the Judiciary. TITLE I—HEALTH CARE AUTHORITIES Salt Lake City, Utah, as the Mrs. DOLE. Mr. President, I ask AND RELATED MATTERS George E. Wahlen Department unanimous consent that the text of the Sec. 101. Improved benefits for former pris- of Veterans Affairs Medical bill be printed in the RECORD. oners of war. Center.

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0655 E:\CR\FM\A19NO6.058 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15193 Sec. 245. Designation of Department of Vet- (i) by striking out ‘‘paragraph (1)(C) or ‘‘(1)(A) In furnishing nursing home care, erans Affairs outpatient clinic, (1)(D)’’ and inserting ‘‘subparagraph (C), (D), adult day health care, or other extended care New London, Connecticut. or (E) of paragraph (1)’’; and services under this section, the Secretary Sec. 246. Designation of Department of Vet- (ii) by striking ‘‘service described in that may enter into agreements for furnishing erans Affairs outpatient clinic, paragraph’’ and inserting ‘‘service or testing such care or services with— Horsham, Pennsylvania. described in such subparagraph’’; and ‘‘(i) in the case of the medicare program, a TITLE III—PERSONNEL MATTERS (3) in paragraph (3)— provider of services that has entered into a (A) by striking ‘‘and’’ at the end of sub- provider agreement under section 1866(a) of Sec. 301. Modification of certain authorities paragraph (B); the Social Security Act (42 U.S.C. 1395cc(a)); on appointment and promotion (B) by striking the period at the end of and of personnel in the Veterans subparagraph (C) and inserting ‘‘; and’’; and ‘‘(ii) in the case of the medicaid program, Health Administration. (C) by adding at the end the following new a provider participating under a State plan Sec. 302. Appointment of chiropractors in subparagraph: under title XIX of such Act (42 U.S.C. 1396 et the Veterans Health Adminis- ‘‘(D) in the case of care for a veteran de- seq.). tration. ‘‘(B) In entering into an agreement under Sec. 303. Additional pay for Saturday tours scribed in paragraph (1)(E), after December 31, 2005.’’. subparagraph (A) with a provider of services of duty for additional health described in clause (i) of that subparagraph care workers in the Veterans SEC. 103. ELIGIBILITY FOR DEPARTMENT OF VET- ERANS AFFAIRS HEALTH CARE FOR or a provider described in clause (ii) of that Health Administration. CERTAIN FILIPINO WORLD WAR II subparagraph, the Secretary may use the Sec. 304. Coverage of employees of Veterans’ VETERANS RESIDING IN THE procedures available for entering into pro- Canteen Service under addi- UNITED STATES. vider agreements under section 1866(a) of the tional employment laws. The text of section 1734 is amended to read Social Security Act.’’. TITLE IV—OTHER MATTERS as follows: (b) CONFORMING AMENDMENT.—Subsection ‘‘(a) The Secretary shall furnish hospital Sec. 401. Office of Research Oversight in (f)(1)(B) of such section is amended by insert- and nursing home care and medical services Veterans Health Administra- ing ‘‘or agreement’’ after ‘‘contract’’ each to any individual described in subsection (b) tion. place it appears. in the same manner, and subject to the same Sec. 402. Enhancement of authorities relat- SEC. 106. FIVE-YEAR EXTENSION OF PERIOD FOR terms and conditions, as apply to the fur- PROVISION OF NONINSTITUTIONAL ing to nonprofit research cor- nishing of such care and services to individ- porations. EXTENDED-CARE SERVICES AND RE- uals who are veterans as defined in section QUIRED NURSING HOME CARE. Sec. 403. Department of Defense participa- 101(2) of this title. Any disability of an indi- (a) NONINSTITUTIONAL EXTENDED CARE tion in Revolving Supply Fund vidual described in subsection (b) that is a SERVICES.—Section 1701(10)(A) is amended by purchases. service-connected disability for purposes of striking ‘‘the date of the enactment of the Sec. 404. Five-year extension of housing as- this subchapter (as provided for under sec- Veterans Millennium Health Care and Bene- sistance for homeless veterans. tion 1735(2) of this title) shall be considered fits Act and ending on December 31, 2003,’’ Sec. 405. Report date changes. to be a service-connected disability for pur- and inserting ‘‘November 30, 1999, and ending SEC. 2. REFERENCES TO TITLE 38, UNITED poses of furnishing care and services under on December 31, 2008,’’. STATES CODE. the preceding sentence. (b) REQUIRED NURSING HOME CARE.—Sec- Except as otherwise expressly provided, ‘‘(b) Subsection (a) applies to any indi- tion 1710A(c) is amended by striking ‘‘De- whenever in this Act an amendment or re- vidual who is a Commonwealth Army vet- cember 31, 2003’’ and inserting ‘‘December 31, peal is expressed in terms of an amendment eran or new Philippine Scout and who— 2008’’. to, or repeal of, a section or other provision, ‘‘(1) is residing in the United States; and SEC. 107. EXPANSION OF DEPARTMENT OF VET- the reference shall be considered to be made ‘‘(2) is a citizen of the United States or an ERANS AFFAIRS PILOT PROGRAM ON to a section or other provision of title 38, alien lawfully admitted to the United States ASSISTED LIVING FOR VETERANS. United States Code. for permanent residence.’’. Section 103(b) of the Veterans Millennium TITLE I—HEALTH CARE AUTHORITIES SEC. 104. ENHANCEMENT OF REHABILITATIVE Health Care and Benefits Act (Public Law AND RELATED MATTERS SERVICES. 106–117; 113 Stat. 1552; 38 U.S.C. 1710B note) is (a) REHABILITATIVE SERVICES THROUGH amended— SEC. 101. IMPROVED BENEFITS FOR FORMER MEDICAL CARE AUTHORITY.—Section 1701(8) is (1) by striking ‘‘LOCATION OF PILOT PRO- PRISONERS OF WAR. amended by striking ‘‘(other than those GRAM.—’’ and inserting ‘‘LOCATIONS OF PILOT (a) OUTPATIENT DENTAL CARE FOR ALL types of vocational rehabilitation services PROGRAM.—(1)’’; and FORMER PRISONERS OF WAR.—Section provided under chapter 31 of this title)’’. (2) by adding at the end the following new 1712(a)(1)(F) is amended by striking ‘‘and (b) EXPANSION OF AUTHORIZED REHABILITA- paragraph: who was detained or interned for a period of TIVE SERVICES.—(1) Section 1718 is amended— ‘‘(2)(A) In addition to the health care re- not less than 90 days’’. (A) by redesignating subsections (d), (e), gion of the Department selected for the pilot (b) EXEMPTION FROM PHARMACY COPAYMENT and (f) as subsections (e), (f), and (g), respec- program under paragraph (1), the Secretary REQUIREMENT.—Section 1722A(a)(3) is amend- tively; and may also carry out the pilot program in not ed— (B) by inserting after subsection (c) the fol- more than one additional designated health (1) by striking ‘‘or’’ at the end of subpara- lowing new subsection (d): care region of the Department selected by graph (A); ‘‘(d) In providing to a veteran rehabilita- the Secretary for purposes of this section. (2) by redesignating subparagraph (B) as tive services under this chapter, the Sec- ‘‘(B) Notwithstanding subsection (f), the subparagraph (C); and retary may furnish the veteran with the fol- authority of the Secretary to provide serv- (3) by inserting after subparagraph (A) the lowing: ices under the pilot program in a health care following new subparagraph (B): ‘‘(1) Work skills training and development region of the Department selected under sub- ‘‘(B) to a veteran who is a former prisoner services. paragraph (A) shall cease on the date that is of war; or’’. ‘‘(2) Employment support services. three years after the commencement of the SEC. 102. PROVISION OF HEALTH CARE TO VET- ‘‘(3) Job development and placement serv- provision of services under the pilot program ERANS WHO PARTICIPATED IN CER- ices.’’. in the health care region.’’. TAIN DEPARTMENT OF DEFENSE (2) Subsection (c) of such section is amend- SEC. 108. IMPROVEMENT OF PROGRAM FOR PRO- CHEMICAL AND BIOLOGICAL WAR- ed— VISION OF SPECIALIZED MENTAL FARE TESTING. (A) in paragraph (1), by striking ‘‘sub- HEALTH SERVICES TO VETERANS. Section 1710(e) is amended— section (b) of this section’’ and inserting (a) INCREASE IN FUNDING.—Subsection (c) of (1) in paragraph (1), by adding at the end ‘‘subsection (b) or (d)’’; and section 116 of the Veterans Millennium the following new subparagraph: (B) in paragraph (2)— Health Care and Benefits Act (Public Law ‘‘(E) Subject to paragraphs (2) and (3), a (i) by striking ‘‘subsection (b) of this sec- 106–117; 113 Stat. 1559; 38 U.S.C. 1712A note) is veteran who participated in a test conducted tion’’ and inserting ‘‘subsection (b) or (d)’’; amended— by the Department of Defense Deseret Test and (1) in paragraph (1), by striking Center as part of a program for chemical and (ii) by striking ‘‘paragraph (2) of such sub- ‘‘$15,000,000’’ and inserting ‘‘$25,000,000 in biological warfare testing from 1962 through section’’ and inserting ‘‘subsection (b)(2)’’. each of fiscal years 2004, 2005, and 2006’’; 1973 (including the program designated as SEC. 105. ENHANCED AGREEMENT AUTHORITY (2) in paragraph (2), by striking ‘Project Shipboard Hazard and Defense FOR PROVISION OF NURSING HOME ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’; and (SHAD)’ and related land-based tests) is eli- CARE AND ADULT DAY HEALTH (3) in paragraph (3)— gible for hospital care, medical services, and CARE IN CONTRACT FACILITIES. (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and nursing home care under subsection (a)(2)(F) (a) ENHANCED AUTHORITY.—Subsection (c) (B) by adding at the end the following new for any illness, notwithstanding that there is of section 1720 is amended— subparagraph: insufficient medical evidence to conclude (1) by designating the existing text as ‘‘(B) For purposes of this paragraph, in fis- that such illness is attributable to such test- paragraph (2); and cal years 2004, 2005, and 2006, the fiscal year ing.’’; (2) by inserting before paragraph (2), as so used to determine the baseline amount shall (2) in paragraph (2)(B)— designated, the following new paragraph (1): be fiscal year 2003.’’.

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.062 S19PT1 S15194 CONGRESSIONAL RECORD — SENATE November 19, 2003

(b) ALLOCATION OF FUNDS.—Subsection (d) (3) in subsection (c), by striking ‘‘90 days’’ (1) Denver, Colorado, in an amount not to of that section is amended— and inserting ‘‘45 days’’. exceed $30,000,000, of which $26,000,000 shall be (1) by striking ‘‘The Secretary’’ and insert- (c) USE OF PROCEEDS.—Section 8165 is provided by the Secretary of Veterans Af- ing ‘‘(1) In each of fiscal years 2004, 2005, and amended— fairs and $4,000,000 shall be provided by the 2006, the Secretary’’; and (1) in subsection (a)(2), by striking ‘‘and re- Secretary of Defense. (2) by adding at the end the following new maining after any deduction from such funds (2) Pittsburgh, Pennsylvania, in an amount paragraphs: under the laws referred to in subsection (c)’’; not to exceed $9,000,000. ‘‘(2) In allocating funds to facilities in a (2) in subsection (b), by adding at the end (3) Las Vegas, Nevada, in an amount not to fiscal year under paragraph (1), the Sec- the following new sentence: ‘‘The Secretary exceed $25,000,000. retary shall ensure that— may use the proceeds from any enhanced-use (4) Columbus, Ohio, in an amount not to ‘‘(A) not less than $10,000,000 is allocated by lease to reimburse applicable appropriations exceed $9,000,000. direct grants to programs that are identified of the Department for any expenses incurred (5) East Central, Florida, in an amount not by the Mental Health Strategic Health Care in the development of additional enhanced- to exceed $17,500,000. Group and the Committee on Care of Se- use leases.’’; and SEC. 214. AUTHORIZATION OF APPROPRIATIONS. verely Chronically Mentally Ill Veterans; (3) by striking subsection (c). (a) IN GENERAL.—There are authorized to ‘‘(B) not less than $5,000,000 is allocated for (d) CLERICAL AMENDMENTS.—(1) The head- be appropriated for the Secretary of Vet- programs on post-traumatic stress disorder; ing of section 8163 is amended to read as fol- erans Affairs for fiscal year 2004— and lows: (1) for the Construction, Major Projects, ‘‘(C) not less than $5,000,000 is allocated for ‘‘§ 8163. Hearing and notice requirements re- account, a total of $363,100,000, of which— programs on substance use disorder. garding proposed leases’’. (A) $276,600,000 is for the projects author- ‘‘(3) The Secretary shall provide that the (2) The item relating to section 8163 in the ized in section 211; and funds to be allocated under this section dur- table of sections at the beginning of chapter (B) $86,500,000 is for the advance planning ing each of fiscal years 2004, 2005, and 2006 are 81 is amended to read as follows: authorized in section 213; and funds for a special purpose program for ‘‘8163. Hearing and notice requirements re- (2) for the Medical Care account, $5,879,000 which funds are not allocated through the garding proposed leases.’’. for the leases authorized in section 212. Veterans Equitable Resource Allocation sys- (b) LIMITATION.—The projects authorized in SEC. 203. SIMPLIFICATION OF ANNUAL REPORT tem.’’. ON LONG-RANGE HEALTH PLAN- section 211 may only be carried out using— TITLE II—CONSTRUCTION AND NING. (1) funds appropriated for fiscal year 2004 FACILITIES MATTERS Section 8107(b) is amended by striking pursuant to the authorization of appropria- Subtitle A—Program Authorities paragraphs (3) and (4). tions in subsection (a); Subtitle B—Project Authorizations (2) funds appropriated for Construction, SEC. 201. INCREASE IN THRESHOLD FOR MAJOR Major Projects, for a fiscal year before fiscal MEDICAL FACILITY CONSTRUCTION SEC. 211. AUTHORIZATION OF MAJOR MEDICAL PROJECTS. FACILITY PROJECTS. year 2004 that remain available for obliga- Section 8104(a)(3)(A) is amended by strik- The Secretary of Veterans Affairs may tion; and ing ‘‘$4,000,000’’ and inserting ‘‘$7,000,000’’. carry out the following major medical facil- (3) funds appropriated for Construction, Major Projects, for fiscal year 2004 for a cat- SEC. 202. ENHANCEMENTS TO ENHANCED-USE ity projects, with each project to be carried LEASE AUTHORITY. out in an amount not to exceed the amount egory of activity not specific to a project. (a) NOTIFICATION OF PROPERTY TO BE specified for that project: Subtitle C—Capital Asset Realignment for LEASED.—Section 8163 is amended— (1) Construction of a long-term care facil- Enhanced Services Initiative (1) in the first sentence of subsection (a)— ity in Lebanon, Pennsylvania, $14,500,000. SEC. 221. AUTHORIZATION OF MAJOR CONSTRUC- (A) by striking ‘‘designate a property to be (2) Construction of a long-term care facil- TION PROJECTS IN CONNECTION leased under an enhanced-use lease’’ and in- ity in Beckley, West Virginia, $20,000,000. WITH CAPITAL ASSET REALIGNMENT serting ‘‘enter into an enhanced-use lease (3) Construction of a new bed tower to con- INITIATIVE. (a) AUTHORITY TO CARRY OUT MAJOR CON- with respect to certain property’’; and solidate two inpatient sites of care in the STRUCTION PROJECTS.—Subject to subsection (B) by striking ‘‘before making the des- city of Chicago at the West Side Division of (b), the Secretary of Veterans Affairs may ignation’’ and inserting ‘‘before entering the Department of Veterans Affairs health carry out major construction projects as into the lease’’; care system in Chicago, Illinois, in an specified in the final report of the Capital (2) in subsection (b), by striking ‘‘of the amount not to exceed $98,500,000. Asset Realignment for Enhanced Services (4) Seismic corrections to strengthen Med- proposed designation’’ and inserting ‘‘to the Commission and approved by the Secretary. ical Center Building 1 of the Department of congressional veterans’ affairs committees (b) LIMITATION.—The Secretary may not and to the public of the proposed lease’’; and Veterans Affairs health care system in San exercise the authority in subsection (a) until (3) in subsection (c)— Diego, California, in an amount not to ex- 45 days after the date of the submittal of the (A) in paragraph (1)— ceed $48,600,000. report required by subsection (c). (i) by striking ‘‘designate the property in- (5) A project for (A) renovation of all inpa- (c) REPORT ON PROPOSED MAJOR CONSTRUC- volved’’ and inserting ‘‘enter into an en- tient care wards at the West Haven, Con- TION PROJECTS.—(1) The Secretary shall sub- hanced-use lease of the property involved’’; necticut, facility of the Department of Vet- mit to the Committees on Veterans’ Affairs and erans Affairs health system in Connecticut and the Committees on Appropriations of the (ii) by striking ‘‘to so designate the prop- to improve the environment of care and en- Senate and House of Representatives not erty’’ and inserting ‘‘to enter into such hance safety, privacy, and accessibility, and later than February 1, 2004, a report describ- lease’’; (B) establishment of a consolidated medical ing the major construction projects the Sec- (B) in paragraph (2), by striking ‘‘90-day research facility at that facility, in an retary proposes to carry out in connection period’’ and inserting ‘‘45-day period’’; amount not to exceed $50,000,000. with the Capital Asset Realignment for En- (C) in paragraph (3)— (6) Construction of a Department of Vet- hanced Services initiative. (i) by striking ‘‘general description’’ in erans Affairs-Department of the Navy joint (2) The report shall list each proposed subparagraph (D) and inserting ‘‘description venture comprehensive outpatient medical major construction project in order of pri- of the provisions’’; and care facility to be built on the grounds of the ority, with such priority determined in the (ii) by adding at the end the following new Pensacola Naval Air Station, Pensacola, order as follows: subparagraph: Florida, in an amount not to exceed (A) The use of the facility to be con- ‘‘(G) A summary of a cost-benefit analysis $45,000,000. structed or altered as a replacement or en- of the proposed lease.’’; and SEC. 212. AUTHORIZATION OF MAJOR MEDICAL hancement facility necessitated by the loss, (D) by striking paragraph (4). FACILITY LEASES. closure, or other divestment of major infra- (b) DISPOSITION OF LEASED PROPERTY.— The Secretary of Veterans Affairs may structure or clinical space at a Department Section 8164 is amended— enter into leases for medical facilities as fol- of Veterans Affairs medical facility cur- (1) in subsection (a)— lows: rently in operation, as determined by the (A) by striking ‘‘by requesting the Admin- (1) For an outpatient clinic in Charlotte, Secretary. istrator of General Services to dispose of the North Carolina, in an amount not to exceed (B) The remedy of life and safety code defi- property pursuant to subsection (b)’’ in the $3,000,000. ciencies, including seismic, egress, and fire first sentence; and (2) For an outpatient clinic extension, Bos- deficiencies at such facility. (B) by striking the third sentence; ton, Massachusetts, in an amount not to ex- (C) The use of such facility to provide (2) in subsection (b)— ceed $2,879,000. health care services to a population that is (A) by striking ‘‘Secretary and the Admin- SEC. 213. ADVANCE PLANNING AUTHORIZATIONS. determined under the Capital Asset Realign- istrator of General Services jointly deter- The Secretary of Veterans Affairs may ment for Enhanced Services initiative to be mine’’ and inserting ‘‘Secretary deter- carry out advance planning for a major med- underserved or not currently served by such mines’’; and ical facility project at each of the following facility. (B) by striking ‘‘Secretary and the Admin- locations, with such planning to be carried (D) The renovation or modernization of istrator consider’’ and inserting ‘‘Secretary out in an amount not to exceed the amount such facility, including the provision of bar- considers’’; and specified for that location: rier-free design, improvement of building

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.062 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15195 systems and utilities, or enhancement of cess to health care for veterans residing in contribution to the construction of that uni- clinical support services. rural areas. versity’s new medical facility or by becom- (E) The need for such facility to further an Subtitle D—Plans for New Facilities ing a tenant provider in that new facility. enhanced-use lease or sharing agreement. (B) Construction by the Department of (F) Any other factor that the Secretary SEC. 231. PLANS FOR FACILITIES IN SPECIFIED Veterans Affairs of a new independent inpa- AREAS. considers to be of importance in providing tient or outpatient facility alongside or (a) SOUTHERN NEW JERSEY.—(1) The Sec- care to eligible veterans. nearby the university’s new facility. retary of Veterans Affairs shall develop a (3) In developing the list of projects and ac- (2) In carrying out paragraph (1), the Sec- plan for meeting the future hospital care cording a priority to each project, the Sec- retary shall consider the degree to which the needs of veterans who reside in southern New retary should consider the importance of al- Department and the university medical cen- Jersey. locating available resources equitably ter would be able to share expensive tech- (2) For purposes of paragraph (1), the term among the geographic service areas of the nologies and scarce specialty services that ‘‘southern New Jersey’’ means the following Department and take into account recent would affect any such plans of the Secretary counties of the State of New Jersey: Ocean, shifts in populations of veterans among or the university. Burlington, Camden, Gloucester, Salem, those geographic service areas. (3) In carrying out the study, the Secretary Cumberland, Atlantic, and Cape May. (d) SUNSET.—The Secretary may not enter shall especially consider the applicability of (b) FAR SOUTH TEXAS.—(1) The Secretary into a contract to carry out major construc- the authorities under section 8153 of title 38, shall develop a plan for meeting the future tion projects under the authority in sub- United States Code (relating to sharing of hospital care needs of veterans who reside in section (a) after September 30, 2006. health care resources between the Depart- far south Texas. SEC. 222. ADVANCE NOTIFICATION OF CAPITAL ment and community provider organiza- (2) For purposes of paragraph (1), the term ASSET REALIGNMENT ACTIONS. tions), to govern future arrangements and ‘‘far south Texas’’ means the following coun- (a) REQUIREMENT FOR ADVANCE NOTIFICA- relationships between the Department and ties of the State of Texas: Bee, Calhoun, TION.—If the Secretary of Veterans Affairs the Medical University of South Carolina. Crockett, DeWitt, Dimmit, Goliad, Jackson, approves a recommendation resulting from (c) CONSULTATION WITH SECRETARY OF DE- Victoria, Webb, Aransas, Duval, Jim Wells, the Capital Asset Realignment for Enhanced FENSE.—The Secretary of Veterans Affairs Kleberg, Nueces, Refugio, San Patricio, Services initiative, then before taking any shall consult with the Secretary of Defense Brooks, Cameron, Hidalgo, Jim Hogg, action resulting from that recommendation in carrying out the study under this section. Kenedy, Starr, Willacy, and Zapata. that would result in— Such consultation shall include consider- (c) NORTH CENTRAL WASHINGTON.—(1) The (1) a medical facility closure; ation of establishing a Department of Vet- Secretary shall develop a plan for meeting (2) an administrative reorganization de- erans Affairs-Department of Defense joint the future hospital care needs of veterans scribed in subsection (c) of section 510 of health-care venture at the site referred to in who reside in north central Washington. title 38, United States Code; or subsection (a). (2) For purposes of paragraph (1), the term (3) a medical facility consolidation, (d) REPORT.—Not later than April 15, 2004, ‘‘north central Washington’’ means the fol- the Secretary shall submit to Congress a the Secretary shall submit to the Commit- lowing counties of the State of Washington: written notification of the intent to take tees on Veterans’ Affairs of the Senate and Chelan, Douglas, Ferry, Grant, Kittitas, and such action. House of Representatives a report on the re- Okanogan. (b) LIMITATION.—Upon submitting a notifi- sults of the study. The report shall include (d) PENSACOLA AREA.—(1) The Secretary cation under subsection (a), the Secretary the Secretary’s recommendations with re- shall develop a plan for meeting the future may not take any action described in the no- spect to coordination described in subsection hospital care needs of veterans who reside in tification until the later of— (a), including recommendations with respect the Pensacola area. (1) the end of the 60-day period beginning to each of the matters referred to in sub- (2) For purposes of paragraph (1), the term on the date on which the notification is re- section (b). ceived by Congress; or ‘‘Pensacola area’’ means— (2) the end of a period of 30 days of contin- (A) the counties of Escambia, Santa Rosa, Subtitle E—Designation of Facilities uous session of Congress beginning on the Okaloosa, Walton, Holmes, Washington, Bay, SEC. 241. DESIGNATION OF DEPARTMENT OF date on which the notification is received by Jackson, Calhoun, Liberty, Gulf, and Frank- VETERANS AFFAIRS MEDICAL CEN- Congress or, if either House of Congress is lin of the State of Florida; and TER, PRESCOTT, ARIZONA, AS THE (B) the counties of Covington, Geneva, BOB STUMP DEPARTMENT OF VET- not in session on such date, the first day ERANS AFFAIRS MEDICAL CENTER. Houston, and Escambia of the State of Ala- after such date on which both Houses of Con- The Department of Veterans Affairs Med- bama. gress are in session. ical Center located in Prescott, Arizona, (c) CONTINUOUS SESSION OF CONGRESS.—For (e) CONSIDERATION OF USE OF CERTAIN EX- shall after the date of the enactment of this the purposes of subsection (b)— ISTING AUTHORITIES.—In developing the plans Act be known and designated as the ‘‘Bob (1) the continuity of a session of Congress under this section, the Secretary shall, at a Stump Department of Veterans Affairs Med- is broken only by an adjournment of Con- minimum, consider options using the exist- ical Center’’. Any reference to such medical gress sine die; and ing authorities of sections 8111 and 8153 of center in any law, regulation, map, docu- (2) any day on which either House is not in title 38, United States Code, to— ment, or other paper of the United States session because of an adjournment of more (1) establish a hospital staffed and man- shall be considered to be a reference to the than three days to a day certain is excluded aged by employees of the Department, either Bob Stump Department of Veterans Affairs in the computation of any period of time in in private or public facilities, including Fed- Medical Center. which Congress is in continuous session. eral facilities; or (d) MEDICAL FACILITY CONSOLIDATION.—For (2) enter into contracts with existing Fed- SEC. 242. DESIGNATION OF DEPARTMENT OF the purposes of subsection (a), the term eral facilities, private facilities, and private VETERANS AFFAIRS HEALTH CARE FACILITY, CHICAGO, ILLINOIS, AS ‘‘medical facility consolidation’’ means an providers for that care. THE JESSE BROWN DEPARTMENT OF action that closes one or more medical fa- (f) REPORT.—The Secretary shall submit to VETERANS AFFAIRS MEDICAL CEN- cilities for the purpose of relocating those the Committees on Veterans’ Affairs of the TER. activities to another medical facility or fa- Senate and House of Representatives a re- The Department of Veterans Affairs health cilities within the same geographic service port on each plan under this section not care facility located at 820 South Damen Av- area. later than April 15, 2004. enue in Chicago, Illinois, shall after the date SEC. 223. SENSE OF CONGRESS AND REPORT ON SEC. 232. STUDY AND REPORT ON FEASIBILITY of the enactment of this Act be known and ACCESS TO HEALTH CARE FOR VET- OF COORDINATION OF VETERANS designated as the ‘‘Jesse Brown Department ERANS IN RURAL AREAS. HEALTH CARE SERVICES IN SOUTH of Veterans Affairs Medical Center’’. Any (a) SENSE OF CONGRESS.—Recognizing the CAROLINA WITH NEW UNIVERSITY reference to such facility in any law, regula- difficulties that veterans residing in rural MEDICAL CENTER. tion, map, document, record, or other paper areas encounter in gaining access to health (a) STUDY REQUIRED.—The Secretary of of the United States shall be considered to be care in facilities of the Department of Vet- Veterans Affairs shall conduct a study to ex- a reference to the Jesse Brown Department erans Affairs, it is the sense of Congress that amine the feasibility of coordination by the of Veterans Affairs Medical Center. the Secretary of Veterans Affairs should Department of Veterans Affairs of its needs for inpatient hospital, medical care, and SEC. 243. DESIGNATION OF DEPARTMENT OF take steps to ensure that an appropriate mix VETERANS AFFAIRS MEDICAL CEN- of facilities and clinical staff is available for long-term care services for veterans with the TER, HOUSTON, TEXAS, AS THE MI- health care for veterans residing in rural pending construction of a new university CHAEL E. DEBAKEY DEPARTMENT areas. medical center at the Medical University of OF VETERANS AFFAIRS MEDICAL (b) REPORT.—Not later than 120 days after South Carolina, Charleston, South Carolina. CENTER. the date of the enactment of this Act, the (b) MATTERS TO BE INCLUDED IN STUDY.—(1) The Department of Veterans Affairs Med- Secretary of Veterans Affairs shall submit to As part of the study under subsection (a), the ical Center in Houston, Texas, shall after the the Committees on Veterans’ Affairs of the Secretary shall consider the following: date of the enactment of this Act be known Senate and House of Representatives a re- (A) Integration with the Medical Univer- and designated as the ‘‘Michael E. DeBakey port describing the steps the Secretary is sity of South Carolina of some or all of the Department of Veterans Affairs Medical Cen- taking, and intends to take, to improve ac- services referred to in subsection (a) through ter’’. Any reference to such facility in any

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.062 S19PT1 S15196 CONGRESSIONAL RECORD — SENATE November 19, 2003 law, regulation, map, document, record, or United States Code, by reason of the amend- are unsuccessful at reaching such agreement other paper of the United States shall be ment made by paragraph (1)(B) of this sub- and determines (in the sole and unreviewable considered to be a reference to the Michael section shall, as of such date, be deemed to discretion of the Secretary) that further E. DeBakey Department of Veterans Affairs have been appointed to the Administration meeting and conferral under subparagraph Medical Center. under such paragraph (3). (B), mediation under subparagraph (C), or SEC. 244. DESIGNATION OF DEPARTMENT OF (b) APPOINTMENTS AND PROMOTIONS.—Sec- both are unlikely to reach such agreement— VETERANS AFFAIRS MEDICAL CEN- tion 7403 of such title is amended— ‘‘(i) notify the congressional veterans’ af- TER, SALT LAKE CITY, UTAH, AS THE (1) in subsection (f)(3)— fairs committees of such determinations, GEORGE E. WAHLEN DEPARTMENT (A) by inserting ‘‘reductions-in-force, the identify for such committees the portions of OF VETERANS AFFAIRS MEDICAL applicability of the principles of preference the recommendations that the Secretary has CENTER. referred to in paragraph (2), rights of part- determined not to accept, and provide such The Department of Veterans Affairs Med- time employees,’’ after ‘‘adverse actions,’’; committees an explanation and justification ical Center in Salt Lake City, Utah, shall (B) by inserting ‘‘, whether appointed for determining to implement the part of the after the date of the enactment of this Act under this section or section 7405(a)(1)(B) of system subject to such portions of the rec- be known and designated as the ‘‘George E. this title’’ after ‘‘such positions’’; and ommendations without regard to such por- Wahlen Department of Veterans Affairs Med- (C) by inserting a comma after ‘‘status)’’; tions of the recommendations; and ical Center’’. Any references to such facility and ‘‘(ii) commencing not earlier than 30 days in any law, regulation, map, document, (2) by adding at the end the following new after notice under clause (i), implement the record, or other paper of the United States subsection: part of the system subject to the rec- shall be considered to be a reference to the ‘‘(h)(1) If the Secretary uses the authority ommendations that the Secretary has deter- George E. Wahlen Department of Veterans provided in subsection (c) for the promotion mined not to accept without regard to those Affairs Medical Center. and advancement of an occupational cat- recommendations. SEC. 245. DESIGNATION OF DEPARTMENT OF egory of employees described in section ‘‘(5) If the Secretary and exclusive em- VETERANS AFFAIRS OUTPATIENT 7401(3) of this title, as authorized by sub- ployee representatives reach an agreement CLINIC, NEW LONDON, CON- section (f)(1)(B), the Secretary shall do so under paragraph (4) providing for the resolu- NECTICUT. through one or more systems prescribed by The Department of Veterans Affairs out- tion of a disagreement on one or more por- the Secretary. Each such system shall be tions of the recommendations that the Sec- patient clinic located in New London, Con- planned, developed, and implemented in col- retary had determined not to accept under necticut, shall after the date of the enact- laboration with, and with the participation that paragraph, the Secretary shall imme- ment of this Act be known and designated as of, exclusive employee representatives of the ‘‘John J. McGuirk Department of Vet- diately implement such resolution. such occupational category of employees. ‘‘(6) In implementing a system of pro- erans Affairs Outpatient Clinic’’. Any ref- ‘‘(2)(A) Before prescribing a system of promotion and advancement under this sub- erence to such outpatient clinic in any law, motion and advancement of an occupational section, the Secretary shall— regulation, map, document, record, or other category of employees under paragraph (1), ‘‘(A) develop and implement mechanisms paper of the United States shall be consid- the Secretary shall provide to exclusive em- to permit exclusive employee representa- ered to be a reference to the John J. ployee representatives of such occupational tives to participate in the periodic review McGuirk Department of Veterans Affairs category of employees a written description and evaluation of the system, including peer Outpatient Clinic. of the proposed system. ‘‘(B) Not later than 30 days after receipt of review, and in any further planning or devel- SEC. 246. DESIGNATION OF DEPARTMENT OF opment required with respect to the system VETERANS AFFAIRS OUTPATIENT the description of a proposed system under CLINIC, HORSHAM, PENNSYLVANIA. subparagraph (A), exclusive employee rep- as a result of such review and evaluation; The Department of Veterans Affairs out- resentatives may submit to the Secretary and patient clinic located in Horsham, Pennsyl- the recommendations, if any, of such exclu- ‘‘(B) provide exclusive employee represent- vania, shall after the date of the enactment sive employee representatives with respect atives appropriate access to information to of this Act be known and designated as the to the proposed system. ensure that the participation of such exclu- ‘‘Victor J. Saracini Department of Veterans ‘‘(C) The Secretary shall give full and fair sive employee representative in activities Affairs Outpatient Clinic’’. Any reference to consideration to any recommendations re- under subparagraph (A) is productive. ceived under subparagraph (B) in deciding ‘‘(7)(A) The Secretary may from time to such outpatient clinic in any law, regula- whether and how to proceed with a proposed time modify a system of promotion and ad- tion, map, document, record, or other paper system. vancement under this subsection. of the United States shall be considered to be ‘‘(3) The Secretary shall implement imme- ‘‘(B) In modifying a system, the Secretary a reference to the Victor J. Saracini Depart- diately any part of a system of promotion shall take into account any recommenda- ment of Veterans Affairs Outpatient Clinic. and advancement under paragraph (1) that is tions made by the exclusive employee rep- TITLE III—PERSONNEL MATTERS proposed under paragraph (2) for which the resentatives concerned. SEC. 301. MODIFICATION OF AUTHORITIES ON Secretary receives no recommendations from ‘‘(C) In modifying a system, the Secretary APPOINTMENT AND PROMOTION OF exclusive employee representatives under shall comply with paragraphs (2) through (5) PERSONNEL IN THE VETERANS paragraph (2). and shall treat any proposal for the modi- HEALTH ADMINISTRATION. ‘‘(4) If the Secretary receives recommenda- fication of a system as a proposal for a sys- (a) POSITIONS TREATABLE AS HYBRID STA- tions under paragraph (2) from exclusive em- tem for purposes of such paragraphs. TUS POSITIONS.—(1) Section 7401 is amended— ployee representatives on any part of a pro- ‘‘(D) The Secretary shall promptly submit (A) by striking paragraph (2) and inserting posed system of promotion and advancement to the congressional veterans’ affairs com- the following new paragraph (2): under that paragraph, the Secretary shall mittees a report on any modification of a ‘‘(2) Scientific and professional personnel, determine whether or not to accept the rec- system. Each report shall include— such as microbiologists, chemists, and bio- ommendations, either in whole or in part. If ‘‘(i) an explanation and justification of the statisticians.’’; and the Secretary determines not to accept all or modification; and (B) by striking paragraph (3) and inserting part of the recommendations, the Secretary ‘‘(ii) a description of any recommendations the following new paragraph (3): shall— of exclusive employee representatives with ‘‘(3) Audiologists, speech pathologists, and ‘‘(A) notify the congressional veterans’ af- respect to the modification and a statement audiologist-speech pathologists, biomedical fairs committees of the recommendations whether or not the modification was revised engineers, certified or registered respiratory and of the portion of the recommendations in light of such recommendations. therapists, dietitians, licensed physical that the Secretary has determined not to ac- ‘‘(8) In the case of employees who are not therapists, licensed practical or vocational cept; within a unit with respect to which a labor nurses, medical instrument technicians, ‘‘(B) meet and confer with such exclusive organization is accorded exclusive recogni- medical records administrators or special- employee representatives, for a period not tion, the Secretary may develop procedures ists, medical records technicians, medical less than 30 days, for purposes of attempting for input from representatives under this and dental technologists, nuclear medicine to reach an agreement on whether and how subsection from any appropriate organiza- technologists, occupational therapists, occu- to proceed with the portion of the rection that represents a substantial percentage pational therapy assistants, ommendations that the Secretary has deter- of such employees or, if none, in such other kinesiotherapists, orthotist-prosthetists, mined not to accept; manner as the Secretary considers appro- pharmacists, pharmacy technicians, physical ‘‘(C) at the election of the Secretary, or of priate, consistent with the purposes of this therapy assistants, prosthetic representa- a majority of such exclusive employee rep- subsection. tives, psychologists, diagnostic radiologic resentatives who are participating in nego- ‘‘(9) In this subsection, the term ‘congres- technicians, therapeutic radiologic techni- tiations on such matter, employ the services sional veterans’ affairs committees’ means cians, and social workers.’’. of the Federal Mediation and Conciliation the Committees on Veterans’ Affairs of the (2) Personnel appointed to the Veterans Service during the period referred to in sub- Senate and the House of Representatives.’’. Health Administration before the date of the paragraph (B) for purposes of reaching such (c) TEMPORARY, PART-TIME, AND WITHOUT enactment of this Act who are in an occupa- agreement; and COMPENSATION APPOINTMENTS.—Section 7405 tional category of employees specified in ‘‘(D) if the Secretary determines that ac- of such title is amended— paragraph (3) of section 7401 of title 38, tivities under subparagraph (B), (C), or both (1) in subsection (a)—

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.062 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15197 (A) in paragraph (1), by striking subpara- ‘‘(3) Employees appointed under section this section referred to as the ‘Office’). The graphs (B) and (C) and inserting the fol- 7408 of this title shall be entitled to addi- Office shall advise the Under Secretary for lowing new subparagraphs: tional pay on the same basis as provided for Health on matters of compliance and assur- ‘‘(B) Positions listed in section 7401(3) of nurses in section 7453(c) of this title.’’. ance in human subjects protections, research this title. (b) APPLICABILITY.—The amendment made safety, and research impropriety and mis- ‘‘(C) Librarians.’’; and by subsection (a) shall take effect with re- conduct. The Office shall function independ- (B) in paragraph (2), by striking subpara- spect to the first pay period beginning on or ently of entities within the Veterans Health graph (B) and inserting the following new after January 1, 2004. Administration with responsibility for the subparagraph (B): SEC. 304. COVERAGE OF EMPLOYEES OF VET- conduct of medical research programs. ‘‘(B) Positions listed in section 7401(3) of ERANS’ CANTEEN SERVICE UNDER ‘‘(2) The Office shall— this title.’’; and ADDITIONAL EMPLOYMENT LAWS. ‘‘(A) monitor, review, and investigate mat- (2) in subsection (c)(1), by striking ‘‘section (a) COVERAGE.—Paragraph (5) of section ters of medical research compliance and as- 7401(1)’’ and inserting ‘‘paragraphs (1) and (3) 7802 is amended by inserting before the semi- surance in the Department with respect to of section 7401’’. colon a period and the following: ‘‘An em- human subjects protections; and (d) AUTHORITY FOR ADDITIONAL PAY FOR ployee appointed under this section may be ‘‘(B) monitor, review, and investigate mat- CERTAIN HEALTH CARE PROFESSIONALS.—Sec- considered for appointment to a Department ters relating to the protection and safety of tion 7454(b)(1) of such title is amended by position in the competitive service in the human subjects and Department employees striking ‘‘certified or registered’’ and all same manner that a Department employee in participating in medical research in Depart- that follows through ‘‘occupational thera- the competitive service is considered for ment programs. pists,’’ and inserting ‘‘individuals in posi- transfer to such position. An employee of the ‘‘(b) DIRECTOR.—(1) The head of the Office tions listed in section 7401(3) of this title,’’. Service who is appointed to a Department shall be a Director, who shall report directly SEC. 302. APPOINTMENT OF CHIROPRACTORS IN position in the competitive service under the to the Under Secretary for Health (without THE VETERANS HEALTH ADMINIS- authority of the preceding sentence may delegation). TRATION. count toward the time-in-service require- ‘‘(2) Any person appointed as Director shall (a) APPOINTMENTS.—Section 7401 is amendment for a career appointment in such posi- be— ed— tion any previous period of employment in ‘‘(A) an established expert in the field of (1) in the matter preceding paragraph (1), the Service’’. medical research, administration of medical by striking ‘‘medical’’ and inserting (b) TECHNICAL AMENDMENTS.—Such section research programs, or similar fields; and ‘‘health’’; and is further amended— ‘‘(B) qualified to carry out the duties of the (2) in paragraph (1), by inserting ‘‘chiro- (1) by striking the semicolon at the end of Office based on demonstrated experience and practors,’’ after ‘‘podiatrists,’’. each of paragraphs (1) through (10) and in- expertise. (b) QUALIFICATIONS OF APPOINTEES.—Sec- serting a period; ‘‘(c) FUNCTIONS.—(1) The Director shall re- tion 7402(b) is amended— (2) by striking ‘‘The Secretary ’’ and all port to the Under Secretary for Health on (1) by redesignating paragraph (10) as para- that follows through ‘‘(1) establish,’’ and in- matters relating to protections of human graph (11); and serting ‘‘(a) LOCATIONS FOR CANTEENS.—The subjects in medical research projects of the (2) by inserting after paragraph (9) the fol- Secretary shall establish,’’; Department under any applicable Federal lowing new paragraph (10): (3) by redesignating paragraphs (2) through law and regulation, the safety of employees ‘‘(10) CHIROPRACTOR.—To be eligible to be (11) as subsections (b) through (k), respec- involved in Department medical research appointed to a chiropractor position, a per- tively, and by realigning those subsections programs, and suspected misconduct and im- son must— (as so redesignated) so as to be flush to the propriety in such programs. In carrying out ‘‘(A) hold the degree of doctor of chiro- left margin; the preceding sentence, the Director shall practic, or its equivalent, from a college of (4) in subsection (b) (as so redesignated), by consult with employees of the Veterans Health Administration who are responsible chiropractic approved by the Secretary; and inserting ‘‘WAREHOUSES AND STORAGE DE- for the management and conduct of Depart- ‘‘(B) be licensed to practice chiropractic in POTS.—The Secretary shall’’ before ‘‘estab- a State.’’. lish’’; ment medical research programs. ‘‘(2) The matters to be reported by the Di- (c) PERIOD OF APPOINTMENTS AND PRO- (5) in subsection (c) (as so redesignated), by rector to the Under Secretary under para- MOTIONS.—Section 7403(a)(2) is amended by inserting ‘‘SPACE, BUILDINGS, AND STRUC- graph (1) shall include allegations of re- adding at the end the following new subpara- TURES.—The Secretary shall’’ before ‘‘fur- search impropriety and misconduct by em- graph: nish’’; ‘‘(H) Chiropractors.’’. ployees engaged in medical research pro- (6) in subsection (d) (as so redesignated), by grams of the Department. (d) GRADES AND PAY SCALES.—Section inserting ‘‘EQUIPMENT, SERVICES, AND UTILI- 7404(b)(1) is amended by striking the third ‘‘(3)(A) When the Director determines that TIES.—The Secretary shall’’ before ‘‘trans- such a recommendation is warranted, the Di- center heading in the table and inserting the fer’’; following: rector may recommend to the Under Sec- (7) in subsection (e) (as so redesignated and retary that a Department research activity ‘‘CLINICAL PODIATRIST, CHIRO- as amended by subsection (a)), by inserting be terminated, suspended, or restricted, in PRACTOR, AND OPTOMETRIST SCHED- ‘‘PERSONNEL.—The Secretary shall’’ before whole or in part. ULE’’. ‘‘employ’’; ‘‘(B) In a case in which the Director rea- (e) MALPRACTICE AND NEGLIGENCE PROTEC- (8) in subsection (f) (as so redesignated), by sonably believes that activities of a medical TION.—Section 7316(a) is amended— inserting ‘‘CONTRACTS AND AGREEMENTS.— research project of the Department place (1) in paragraph (1), by striking ‘‘medical’’ The Secretary shall’’ before ‘‘make all’’; human subjects’ lives or health at imminent each place it appears and inserting ‘‘health’’; (9) in subsection (g) (as so redesignated), by risk, the Director shall direct that activities and inserting ‘‘PRICES.—The Secretary shall’’ be- under that project be immediately suspended (2) in paragraph (2)— fore ‘‘fix the’’; or, as appropriate and specified by the Direc- (A) by striking ‘‘medical’’ the first place it (10) in subsection (h) (as so redesignated), tor, be limited. appears and inserting ‘‘health’’; and by inserting ‘‘GIFTS AND DONATIONS.—The ‘‘(d) GENERAL FUNCTIONS.—(1) The Director (B) by inserting ‘‘chiropractor,’’ after ‘‘po- Secretary may’’ before ‘‘accept’’; shall conduct periodic inspections and re- diatrist,’’. (11) in subsection (i) (as so redesignated), views, as the Director determines appro- (f) TREATMENT AS SCARCE MEDICAL SPE- by inserting ‘‘RULES AND REGULATIONS.—The priate, of medical research programs of the CIALISTS FOR CONTRACTING PURPOSES.—Sec- Secretary shall’’ before ‘‘make such’’; Department. Such inspections and reviews tion 7409(a) is amended by inserting ‘‘chiro- (12) in subsection (j) (as so redesignated), shall include review of required documented practors,’’ in the second sentence after ‘‘op- by inserting ‘‘DELEGATION.—The Secretary assurances. tometrists,’’. may’’ before ‘‘delegate such’’; and ‘‘(2) The Director shall observe external ac- (g) COLLECTIVE BARGAINING EXEMPTION.— (13) in subsection (k) (as so redesignated), creditation activities conducted for accredi- Section 7421(b) is amended by adding at the by inserting ‘‘AUTHORITY TO CASH CHECKS, tation of medical research programs con- end the following new paragraph: ETC.—The Secretary may’’ before ‘‘author- ducted in facilities of the Department. ‘‘(8) Chiropractors.’’. ize’’. ‘‘(3) The Director shall investigate allegations of research impropriety and mis- (h) EFFECTIVE DATE.—The amendments TITLE IV—OTHER MATTERS made by this section shall take effect at the conduct in medical research projects of the SEC. 401. OFFICE OF RESEARCH OVERSIGHT IN Department. end of the 180–day period beginning on the VETERANS HEALTH ADMINISTRA- date of the enactment of this Act. ‘‘(4) The Director shall submit to the TION. Under Secretary for Health, the Secretary, SEC. 303. ADDITIONAL PAY FOR SATURDAY (a) STATUTORY CHARTER.—(1) Chapter 73 is TOURS OF DUTY FOR ADDITIONAL and the Committees on Veterans’ Affairs of amended by inserting after section 7306 the the Senate and House of Representatives a HEALTH CARE WORKERS IN THE following new section: VETERANS HEALTH ADMINISTRA- report on any suspected lapse, from whatever TION. ‘‘§ 7307. Office of Research Oversight cause or causes, in protecting safety of (a) IN GENERAL.—Section 7454(b) is amend- ‘‘(a) REQUIREMENT FOR OFFICE.—(1) There is human subjects and others, including em- ed by adding at the end the following new in the Veterans Health Administration an ployees, in medical research programs of the paragraph: Office of Research Oversight (hereinafter in Department.

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.062 S19PT1 S15198 CONGRESSIONAL RECORD — SENATE November 19, 2003 ‘‘(5) The Director shall carry out such (4) by striking paragraph (2) and inserting the provision of health care for vet- other duties as the Under Secretary for the following: erans, to authorize major construction Health may require. ‘‘(2) Each corporation established under projects and other facilities matters ‘‘(e) SOURCE OF FUNDS.—Amounts for the this subchapter shall each year submit to for the Department of Veterans Affairs, activities of the Office, including its regional the Secretary a statement signed by the ex- offices, shall be derived from amounts appro- ecutive director of the corporation verifying to enhance and improve authorities re- priated for the Veterans Health Administra- that each director and employee has cer- lating to the administration of per- tion for Medical Care. tified awareness of the laws and regulations sonnel of the Department of Veterans ‘‘(f) ANNUAL REPORT.—Not later than referred to in paragraph (1) and of the con- Affairs, and for other purposes; as fol- March 15 each year, the Director shall sub- sequences of violations of those laws and reg- lows: mit to the Committees on Veterans’ Affairs ulations in the same manner as Federal em- Amend the title to read as follows: ‘‘A bill of the Senate and House of Representatives a ployees are required to so certify.’’. to amend title 38, United States Code, to im- report on the activities of the Office during (c) FIVE-YEAR EXTENSION OF AUTHORITY TO prove and enhance provision of health care the preceding calendar year. Each such re- ESTABLISH RESEARCH CORPORATIONS.—Sec- for veterans, to authorize major construc- port shall include, with respect to that year, tion 7368 is amended by striking ‘‘December tion projects and other facilities matters for the following: 31, 2003’’ and inserting ‘‘December 31, 2008’’. the Department of Veterans Affairs, to en- ‘‘(1) A summary of reviews of individual SEC. 403. DEPARTMENT OF DEFENSE PARTICIPA- hance and improve authorities relating to medical research programs of the Depart- TION IN REVOLVING SUPPLY FUND the administration of personnel of the De- ment completed by the Office. PURCHASES. partment of Veterans Affairs, and for other ‘‘(2) Directives and other communications (a) ENHANCEMENT OF DEPARTMENT OF DE- purposes.’’. issued by the Office to field activities of the FENSE PARTICIPATION.—Section 8121 is Department. amended— SA 2205. Mr. THOMAS (for Mr. SPEC- ‘‘(3) Results of any investigations under- (1) by redesignating subsections (b) and (c) TER (for himself and Mr. GRAHAM of taken by the Office during the reporting pe- as subsections (d) and (e), respectively; Florida)) proposed an amendment to riod consonant with the purposes of this sec- (2) by designating the last sentence of sub- the bill H.R. 2297, To amend title 38, tion. section (a) as subsection (c); and ‘‘(4) Other information that would be of in- (3) by inserting after paragraph (3) of sub- United Stated Code, to improve bene- terest to those committees in oversight of section (a) the following new subsection (b): fits under laws administered by the the Department medical research program. ‘‘(b) The Secretary may authorize the Sec- Secretary of Veterans’ Affairs, and for ‘‘(g) MEDICAL RESEARCH.—For purposes of retary of Defense to make purchases through other purposes; as follows: this section, the term ‘medical research’ the fund in the same manner as activities of Strike all after the enacting clause and in- means medical research described in section the Department. When services, equipment, sert the following: 7303(a)(2) of this title.’’. or supplies are furnished to the Secretary of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) The table of sections at the beginning of Defense through the fund, the reimburse- (a) SHORT TITLE.—This Act may be cited as such chapter is amended by inserting after ment required by paragraph (2) of subsection the ‘‘Veterans Benefits Act of 2003’’. the item relating to section 7306 the fol- (a) shall be made from appropriations made (b) TABLE OF CONTENTS.—The table of con- lowing new item: to the Department of Defense, and when tents for this Act is as follows: ‘‘7307. Office of Research Oversight.’’. services or supplies are to be furnished to the Sec. 1. Short title; table of contents. (b) CONFORMING AMENDMENT.—Section 7303 Department of Defense, the fund may be Sec. 2. References to title 38, United States is amended by striking subsection (e). credited, as provided in paragraph (3) of sub- Code. SEC. 402. ENHANCEMENT OF AUTHORITIES RE- section (a), with advances from appropria- TITLE I—SURVIVOR BENEFITS LATING TO NONPROFIT RESEARCH tions available to the Department of De- Sec. 101. Retention of certain veterans sur- CORPORATIONS. fense.’’. vivor benefits for surviving (a) COVERAGE OF PERSONNEL UNDER TORT (b) EFFECTIVE DATE.—The amendments spouses remarrying after age 57. CLAIMS LAWS.—(1) Subchapter IV of chapter made by subsection (a) shall apply only with Sec. 102. Benefits for children with spina 73 is amended by inserting after section 7364 respect to funds appropriated for a fiscal bifida of veterans of certain the following new section: year after fiscal year 2003. service in Korea. ‘‘§ 7364A. Coverage of employees under cer- SEC. 404. FIVE-YEAR EXTENSION OF HOUSING AS- Sec. 103. Alternative beneficiaries for Na- tain Federal tort claims laws SISTANCE FOR HOMELESS VET- tional Service Life Insurance ‘‘(a) An employee of a corporation estab- ERANS. and United States Government lished under this subchapter who is described Section 2041(c) is amended by striking ‘‘De- Life Insurance. by subsection (b) shall be considered an em- cember 31, 2003’’ and inserting ‘‘December 31, Sec. 104. Payment of benefits accrued and ployee of the Government, or a medical care 2008’’. unpaid at time of death. employee of the Veterans Health Adminis- SEC. 405. REPORT DATE CHANGES. TITLE II—BENEFITS FOR FORMER PRIS- tration, for purposes of the following provi- (a) SENIOR MANAGERS QUARTERLY RE- ONERS OF WAR AND FOR FILIPINO sions of law: PORT.—Section 516(e)(1)(A) is amended by VETERANS ‘‘(1) Section 1346(b) of title 28. striking ‘‘30 days’’ and inserting ‘‘45 days’’. SUBTITLE A—FORMER PRISONERS OF WAR ‘‘(2) Chapter 171 of title 28. (b) ANNUAL REPORT ON ASSISTANCE TO Sec. 201. Presumptions of service-connection ‘‘(3) Section 7316 of this title HOMELESS VETERANS.—Section 2065(a) is relating to diseases and disabil- ‘‘(b) An employee described in this sub- amended by striking ‘‘April 15 of each year’’ ities of former prisoners of war. section is an employee who— and inserting ‘‘June 15 of each year’’. SUBTITLE B—FILIPINO VETERANS (c) ANNUAL REPORT OF COMMITTEE ON CARE ‘‘(1) has an appointment with the Depart- Sec. 211. Rate of payment of benefits for cer- OF SEVERELY CHRONICALLY MENTALLY ILL ment, whether with or without compensa- tain Filipino veterans and their VETERANS.—Section 7321(d)(2) is amended by tion; survivors residing in the United striking ‘‘February 1, 1998, and February 1 of ‘‘(2) is directly or indirectly involved or en- States. gaged in research or education and training each of the six following years’’ and insert- Sec. 212. Burial benefits for new Philippine that is approved in accordance with proce- ing ‘‘June 1 of each year through 2008’’. Scouts residing in the United (d) ANNUAL REPORT ON SHARING OF HEALTH dures established by the Under Secretary for States. Health for research or education and train- CARE RESOURCES.—Section 8153(g) is amend- Sec. 213. Extension of authority to maintain ing; and ed— regional office in the Republic ‘‘(3) performs such duties under the super- (1) by striking ‘‘not more than 60 days of the Philippines. after the end of each fiscal year’’ and insert- vision of Department personnel.’’. TITLE III—EDUCATION BENEFITS, (2) The table of sections at the beginning of ing ‘‘not later than February 1 of each year’’; EMPLOYMENT PROVISIONS, AND such chapter is amended by inserting after and RELATED MATTERS the item relating to section 7364 the fol- (2) by inserting ‘‘during the preceding fis- lowing new item: cal year’’ after ‘‘under this section’’. Sec. 301. Expansion of Montgomery GI Bill education benefits for certain ‘‘7364A. Coverage of employees under certain (e) ANNUAL REPORT OF SPECIAL COMMITTEE self-employment training. Federal tort claims laws.’’. ON PTSD.—Section 110(e)(2) of the Veterans’ Health Care Act of 1984 (38 U.S.C. 1712A note) Sec. 302. Increase in rates of survivors’ and (b) CLARIFICATION OF EXECUTIVE DIREC- is amended by striking ‘‘February 1 of each dependents’ educational assist- TOR’S ETHICS CERTIFICATION DUTIES.—Section of the three following years’’ and inserting ance. 7366(c) is amended— Sec. 303. Restoration of survivors’ and de- ‘‘May 1 of each year through 2008’’. (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; pendents’ education benefits of (2) by striking ‘‘any year—’’ and all that individuals being ordered to Mr. THOMAS (for Mr. SPEC- follows through ‘‘shall be subject’’ and in- SA 2204. full-time National Guard duty. serting ‘‘any year shall be subject’’; TER) proposed an amendment to the Sec. 304. Rounding down of certain cost-of- (3) by striking ‘‘functions; and’’ and insert- bill S. 1156, to amend title 38, United living adjustments on edu- ing ‘‘functions.’’; and States Code, to improve and enhance cational assistance.

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0655 E:\CR\FM\A19NO6.062 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15199 Sec. 305. Authorization for State approving peal is expressed in terms of an amendment allowance required to be paid to a child of a agencies to approve certain en- to, or repeal of, a section or other provision, Vietnam veteran who is suffering from spina trepreneurship courses. the reference shall be considered to be made bifida under subchapter I of this chapter as if Sec. 306. Repeal of provisions relating to ob- to a section or other provision of title 38, such child of a veteran of covered service in solete education loan program. United States Code. Korea were a child of a Vietnam veteran who Sec. 307. Six-year extension of the Veterans’ TITLE I—SURVIVOR BENEFITS is suffering from spina bifida under such sub- Advisory Committee on Edu- chapter. cation. SEC. 101. RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS FOR SUR- ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.— Sec. 308. Procurement program for small VIVING SPOUSES REMARRYING business concerns owned and This section applies with respect to all forms AFTER AGE 57. and manifestations of spina bifida, except controlled by service-disabled (a) EXCEPTION TO TERMINATION OF BENEFITS spina bifida occulta. veterans. UPON REMARRIAGE.—Section 103(d)(2)(B) is Sec. 309. Outstationing of Transition Assist- amended by striking ‘‘The remarriage after ‘‘(c) VETERAN OF COVERED SERVICE IN ance Program personnel. age 55’’ and inserting ‘‘The remarriage after KOREA.—For purposes of this section, a vet- TITLE IV—HOUSING BENEFITS AND age 57 of the surviving spouse of a veteran eran of covered service in Korea is any indi- RELATED MATTERS shall not bar the furnishing of benefits speci- vidual, without regard to the characteriza- Sec. 401. Authorization to provide adapted fied in paragraph (5) to such person as the tion of that individual’s service, who— housing assistance to certain surviving spouse of the veteran. Notwith- ‘‘(1) served in the active military, naval, or disabled members of the Armed standing the previous sentence, the remar- air service in or near the Korean demili- Forces who remain on active riage after age 55’’. tarized zone (DMZ), as determined by the duty. (b) COORDINATION OF BENEFITS.—Section Secretary in consultation with the Secretary Sec. 402. Increase in amounts for certain 1311 is amended by adding at the end the fol- of Defense, during the period beginning on adaptive benefits for disabled lowing new subsection: September 1, 1967, and ending on August 31, veterans. ‘‘(e) In the case of an individual who is eli- 1971; and Sec. 403. Permanent authority for housing gible for dependency and indemnity com- ‘‘(2) is determined by the Secretary, in con- loans for members of the Se- pensation under this section by reason of sultation with the Secretary of Defense, to lected Reserve. section 103(d)(2)(B) of this title who is also have been exposed to a herbicide agent dur- Sec. 404. Reinstatement of minimum re- eligible for benefits under another provision ing such service in or near the Korean de- quirements for sale of vendee of law by reason of such individual’s status militarized zone. loans. as the surviving spouse of a veteran, then, ‘‘(d) HERBICIDE AGENT.—For purposes of Sec. 405. Adjustment to home loan fees. notwithstanding any other provision of law Sec. 406. One-year extension of procedures this section, the term ‘herbicide agent’ (other than section 5304(b)(3) of this title), no means a chemical in a herbicide used in sup- on liquidation sales of defaulted reduction in benefits under such other provi- home loans guaranteed by the port of United States and allied military op- sion of law shall be made by reason of such erations in or near the Korean demilitarized Department of Veterans Af- individual’s eligibility for benefits under this fairs. zone, as determined by the Secretary in con- section.’’. sultation with the Secretary of Defense, dur- TITLE V—BURIAL BENEFITS (c) EFFECTIVE DATE.—The amendments ing the period beginning on September 1, made by subsections (a) and (b) shall take ef- Sec. 501. Burial plot allowance. 1967, and ending on August 31, 1971.’’. Sec. 502. Eligibility of surviving spouses who fect on January 1, 2004. remarry for burial in national (d) RETROACTIVE BENEFITS PROHIBITED.—No (b) CHILD DEFINED.—Section 1831, as redes- cemeteries. benefit may be paid to any person by reason ignated by subsection (a) of this section, is Sec. 503. Permanent authority for State of the amendments made by subsections (a) amended by striking paragraph (1) and in- cemetery grants program. and (b) for any period before the effective serting the following new paragraph (1): TITLE VI—EXPOSURE TO HAZARDOUS date specified in subsection (c). ‘‘(1) The term ‘child’ means the following: SUBSTANCES (e) APPLICATION FOR BENEFITS.—In the case ‘‘(A) For purposes of subchapters I and II of this chapter, an individual, regardless of age Sec. 601. Radiation Dose Reconstruction of an individual who but for having remar- or marital status, who— Program of Department of De- ried would be eligible for benefits under title ‘‘(i) is the natural child of a Vietnam vet- fense. 38, United States Code, by reason of the Sec. 602. Study on disposition of Air Force amendment made by subsection (a) and eran; and Health Study. whose remarriage was before the date of the ‘‘(ii) was conceived after the date on which Sec. 603. Funding of Medical Follow-Up enactment of this Act and after the indi- that veteran first entered the Republic of Agency of Institute of Medicine vidual had attained age 57, the individual Vietnam during the Vietnam era. of National Academy of shall be eligible for such benefits by reason ‘‘(B) For purposes of subchapter III of this Sciences for epidemiological re- of such amendment only if the individual chapter, an individual, regardless of age or search on members of the submits an application for such benefits to marital status, who— Armed Forces and veterans. the Secretary of Veterans Affairs not later ‘‘(i) is the natural child of a veteran of cov- than the end of the one-year period begin- ered service in Korea (as determined for pur- TITLE VII—OTHER MATTERS ning on the date of the enactment of this poses of section 1821 of this title); and Sec. 701. Time limitations on receipt of Act. ‘‘(ii) was conceived after the date on which claim information pursuant to (f) TECHNICAL CORRECTION.—Section 101(b) that veteran first entered service described requests of Department of Vet- of the Veterans Benefits Act of 2002 (Public in subsection (c) of that section.’’. erans Affairs. Law 107–330; 116 Stat. 2821; 38 U.S.C. 103 note) (c) NONDUPLICATION OF BENEFITS.—Sub- Sec. 702. Clarification of applicability of is amended by striking ‘‘during the 1–year prohibition on assignment of section (a) of section 1834, as redesignated by period’’ and all that follows through ‘‘(c)’’ subsection (a) of this section, is amended by veterans benefits to agreements and inserting ‘‘before the end of the one-year requiring payment of future re- adding at the end the following new sen- period beginning on the date of the enact- tence: ‘‘In the case of a child eligible for ben- ceipt of benefits. ment of the Veterans Benefits Act of 2003’’. Sec. 703. Six-year extension of Advisory efits under subchapter I or II of this chapter Committee on Minority Vet- SEC. 102. BENEFITS FOR CHILDREN WITH SPINA who is also eligible for benefits under sub- BIFIDA OF VETERANS OF CERTAIN chapter III of this chapter, a monetary al- erans. SERVICE IN KOREA. Sec. 704. Temporary authority for perform- lowance shall be paid under the subchapter (a) IN GENERAL.—Chapter 18 is amended— of this chapter elected by the child.’’. ance of medical disabilities ex- (1) by redesignating subchapter III, and aminations by contract physi- sections 1821, 1822, 1823, and 1824, as sub- (d) CONFORMING AMENDMENTS.—(1) Section cians. chapter IV, and sections 1831, 1832, 1833, and 1811(1)(A) is amended by striking ‘‘section Sec. 705. Forfeiture of benefits for subver- 1834, respectively; and 1821(1)’’ and inserting ‘‘section 1831(1)’’. sive activities. (2) by inserting after subchapter II the fol- Sec. 706. Two-year extension of round-down (2) The heading for chapter 18 is amended lowing new subchapter III: requirement for compensation to read as follows: cost-of-living adjustments. ‘‘SUBCHAPTER III—CHILDREN OF CER- Sec. 707. Codification of requirement for ex- TAIN KOREA SERVICE VETERANS ‘‘CHAPTER 18—BENEFITS FOR CHILDREN peditious treatment of cases on BORN WITH SPINA BIFIDA OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS’’. remand. ‘‘§ 1821. Benefits for children of certain Korea Sec. 708. Technical and clerical amend- service veterans born with spina bifida (e) CLERICAL AMENDMENTS.—(1) The table ments. ‘‘(a) BENEFITS AUTHORIZED.—The Secretary of sections at the beginning of chapter 18 is SEC. 2. REFERENCES TO TITLE 38, UNITED may provide to any child of a veteran of cov- amended by striking the items relating to STATES CODE. ered service in Korea who is suffering from subchapter III and sections 1821, 1822, 1823, Except as otherwise expressly provided, spina bifida the health care, vocational and 1824 and inserting the following new whenever in this Act an amendment or re- training and rehabilitation, and monetary items:

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.064 S19PT1 S15200 CONGRESSIONAL RECORD — SENATE November 19, 2003 ‘‘SUBCHAPTER III—CHILDREN OF CER- as specified by subsection (c), the two-year ‘‘(C) Chronic dysentery. TAIN KOREA SERVICE VETERANS and four-year periods specified in subsection ‘‘(D) Helminthiasis. BORN WITH SPINA BIFIDA (f)(1) of section 1917 of title 38, United States ‘‘(E) Malnutrition (including optic atrophy ‘‘1821. Benefits for children of certain Korea Code, as added by subsection (a), and sub- associated with malnutrition). service veterans born with section (c)(1) of section 1952 of such title, as ‘‘(F) Pellagra. spina bifida. added by subsection (b), as applicable, shall ‘‘(G) Any other nutritional deficiency. for purposes of the applicable subsection be ‘‘SUBCHAPTER IV—GENERAL ‘‘(H) Cirrhosis of the liver. treated as being the two-year and four-year PROVISIONS ‘‘(I) Peripheral neuropathy except where periods, respectively, beginning on the effec- directly related to infectious causes. ‘‘1831. Definitions. tive date of such amendments, as so speci- ‘‘(J) Irritable bowel syndrome. ‘‘1832. Applicability of certain administra- fied. ‘‘(K) Peptic ulcer disease.’’. tive provisions. SEC. 104. PAYMENT OF BENEFITS ACCRUED AND Subtitle B—Filipino Veterans ‘‘1833. Treatment of receipt of monetary al- UNPAID AT TIME OF DEATH. lowance and other benefits. (a) REPEAL OF TWO-YEAR LIMITATION ON SEC. 211. RATE OF PAYMENT OF BENEFITS FOR CERTAIN FILIPINO VETERANS AND ‘‘1834. Nonduplication of benefits.’’. PAYMENT.—Section 5121(a) is amended by (2) The table of chapters at the beginning THEIR SURVIVORS RESIDING IN THE striking ‘‘for a period not to exceed two UNITED STATES. of title 38, United States Code, and at the be- years’’ in the matter preceding paragraph (a) RATE OF PAYMENT.—Section 107 is ginning of part II, are each amended by (1). amended— striking the item relating to chapter 18 and (b) PAYMENT RECIPIENTS FOR BENEFICIARIES (1) in the second sentence of subsection (b), inserting the following new item: UNDER CHAPTER 18.—Such section is further by striking ‘‘Payments’’ and inserting ‘‘Ex- amended— ‘‘18. Benefits for Children of Vietnam cept as provided in subsection (c), pay- (1) by striking ‘‘and’’ at the end of para- Veterans and Certain Other Vet- ments’’; and graph (4); erans ...... 1802’’. (2) in subsection (c)— (2) by redesignating paragraph (5) as para- SEC. 103. ALTERNATIVE BENEFICIARIES FOR NA- (A) by inserting ‘‘and subchapter II of graph (6); and TIONAL SERVICE LIFE INSURANCE chapter 13 (except section 1312(a)) of this (3) by inserting after paragraph (4) the fol- AND UNITED STATES GOVERNMENT title’’ after ‘‘chapter 11 of this title’’; LIFE INSURANCE. lowing new paragraph (5): (B) by striking ‘‘in subsection (a)’’ and in- (a) NATIONAL SERVICE LIFE INSURANCE.— ‘‘(5) Upon the death of a child claiming serting ‘‘in subsection (a) or (b)’’; and Section 1917 is amended by adding at the end benefits under chapter 18 of this title, to the (C) by striking ‘‘of subsection (a)’’ and in- the following new subsection: surviving parents.’’. serting ‘‘of the applicable subsection’’. ‘‘(f)(1) Following the death of the insured (c) TECHNICAL AMENDMENTS.—Such section (b) EFFECTIVE DATE.—The amendments and in a case not covered by subsection (d)— is further amended— made by subsection (a) shall apply to bene- ‘‘(A) if the first beneficiary otherwise enti- (1) in the matter preceding paragraph (1), fits paid for months beginning after the date tled to payment of the insurance does not by striking the comma after ‘‘or decisions’’; of the enactment of this Act. make a claim for such payment within two (2) by striking the semicolon at the end of years after the death of the insured, pay- paragraphs (1), (2), (3), and (4), and at the end SEC. 212. BURIAL BENEFITS FOR NEW PHIL- ment may be made to another beneficiary of subparagraphs (A) and (B) of paragraph IPPINE SCOUTS RESIDING IN THE UNITED STATES. designated by the insured, in the order of (2), and inserting a period. (a) BENEFIT ELIGIBILITY.—Section 107, as precedence as designated by the insured, as if (d) EFFECTIVE DATE.—The amendments amended by section 211 of this Act, is amend- the first beneficiary had predeceased the in- made by subsections (a) and (b) shall apply ed— sured; and with respect to deaths occurring on or after (1) in subsection (b)(2)— ‘‘(B) if, within four years after the death of the date of the enactment of this Act. (A) by striking ‘‘and’’ and inserting a the insured, no claim has been filed by a per- TITLE II—BENEFITS FOR FORMER PRIS- comma; and son designated by the insured as a bene- ONERS OF WAR AND FOR FILIPINO VET- (B) by inserting ‘‘, 23, and 24 (to the extent ficiary and the Secretary has not received ERANS provided for in section 2402(8))’’ after ‘‘(ex- any notice in writing that any such claim Subtitle A—Former Prisoners of War cept section 1312(a))’’; will be made, payment may (notwith- SEC. 201. PRESUMPTIONS OF SERVICE-CONNEC- (2) in the second sentence of subsection (b), standing any other provision of law) be made TION RELATING TO DISEASES AND as so amended, by inserting ‘‘or (d)’’ after to such person as may in the judgment of the DISABILITIES OF FORMER PRIS- ‘‘subsection (c)’’; Secretary be equitably entitled thereto. ONERS OF WAR. (3) in subsection (d)(1), by inserting ‘‘or (b), ‘‘(2) Payment of insurance under paragraph Subsection (b) of section 1112 is amended to as otherwise applicable,’’ after ‘‘subsection (1) shall be a bar to recovery by any other read as follows: (a)’’; and person.’’. ‘‘(b)(1) For the purposes of section 1110 of (4) in subsection (d)(2), by inserting ‘‘or (b) UNITED STATES GOVERNMENT LIFE IN- this title and subject to the provisions of whose service is described in subsection (b) SURANCE.—Section 1952 is amended by adding section 1113 of this title, in the case of a vet- at the end the following new subsection: eran who is a former prisoner of war— and who dies after the date of the enactment ‘‘(c)(1) Following the death of the insured ‘‘(A) a disease specified in paragraph (2) of the Veterans Benefits Act of 2003,’’ after and in a case not covered by section 1950 of which became manifest to a degree of 10 per- ‘‘November 1, 2000,’’. this title— cent or more after active military, naval, or (b) NATIONAL CEMETERY INTERMENT.—Sec- ‘‘(A) if the first beneficiary otherwise enti- air service shall be considered to have been tion 2402(8) is amended by striking ‘‘section tled to payment of the insurance does not incurred in or aggravated by such service, 107(a)’’ and inserting ‘‘subsection (a) or (b) of make a claim for such payment within two notwithstanding that there is no record of section 107’’. (c) EFFECTIVE DATE.—The amendments years after the death of the insured, pay- such disease during the period of service; and made by this section shall apply with respect ment may be made to another beneficiary ‘‘(B) if the veteran was detained or in- to deaths occurring on or after the date of designated by the insured, in the order of terned as a prisoner of war for not less than the enactment of this Act. precedence as designated by the insured, as if thirty days, a disease specified in paragraph the first beneficiary had predeceased the in- (3) which became manifest to a degree of 10 SEC. 213. EXTENSION OF AUTHORITY TO MAIN- sured; and percent or more after active military, naval, TAIN REGIONAL OFFICE IN THE RE- PUBLIC OF THE PHILIPPINES. ‘‘(B) if, within four years after the death of or air service shall be considered to have Section 315(b) is amended by striking ‘‘De- the insured, no claim has been filed by a per- been incurred in or aggravated by such serv- cember 31, 2003’’ and inserting ‘‘December 31, son designated by the insured as a bene- ice, notwithstanding that there is no record 2009’’. ficiary and the Secretary has not received of such disease during the period of service. any notice in writing that any such claim ‘‘(2) The diseases specified in this para- TITLE III—EDUCATION BENEFITS, EM- will be made, payment may (notwith- graph are the following: PLOYMENT PROVISIONS, AND RELATED standing any other provision of law) be made ‘‘(A) Psychosis. MATTERS to such person as may in the judgment of the ‘‘(B) Any of the anxiety states. SEC. 301. EXPANSION OF MONTGOMERY GI BILL Secretary be equitably entitled thereto. ‘‘(C) Dysthymic disorder (or depressive EDUCATION BENEFITS FOR CERTAIN ‘‘(2) Payment of insurance under paragraph neurosis). SELF-EMPLOYMENT TRAINING. (1) shall be a bar to recovery by any other ‘‘(D) Organic residuals of frostbite, if the (a) DEFINITION OF TRAINING ESTABLISH- person.’’. Secretary determines that the veteran was MENT.—Section 3452(e) is amended by strik- (c) EFFECTIVE DATE.—The amendments detained or interned in climatic conditions ing ‘‘means any’’ and all that follows and in- made by subsections (a) and (b) shall take ef- consistent with the occurrence of frostbite. serting ‘‘means any of the following: fect on October 1, 2004. ‘‘(E) Post-traumatic osteoarthritis. ‘‘(1) An establishment providing apprentice (d) TRANSITION PROVISION.—In the case of a ‘‘(3) The diseases specified in this para- or other on-job training, including those person insured under subchapter I or II of graph are the following: under the supervision of a college or univer- chapter 19 of title 38, United States Code, ‘‘(A) Avitaminosis. sity or any State department of education. who dies before the effective date of the ‘‘(B) Beriberi (including beriberi heart dis- ‘‘(2) An establishment providing self-em- amendments made by subsections (a) and (b), ease). ployment on-job training consisting of full-

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time training for a period of less than six SEC. 304. ROUNDING DOWN OF CERTAIN COST- (e) DEFINITION OF QUALIFIED PROVIDER OF months that is needed or accepted for pur- OF-LIVING ADJUSTMENTS ON EDU- ENTREPRENEURSHIP COURSES.—Section 3452 is poses of obtaining licensure to engage in a CATIONAL ASSISTANCE. further amended by adding at the end the self-employment occupation or required for (a) BASIC EDUCATIONAL ASSISTANCE UNDER following new subsection: ownership and operation of a franchise that MONTGOMERY GI BILL.—Section 3015(h) is ‘‘(h) The term ‘qualified provider of entre- is the objective of the training. amended— preneurship courses’ means any of the fol- ‘‘(3) A State board of vocational education. (1) by redesignating paragraphs (1) and (2) lowing entities insofar as such entity offers, ‘‘(4) A Federal or State apprenticeship reg- as subparagraphs (A) and (B), respectively; sponsors, or cosponsors an entrepreneurship istration agency. (2) by inserting ‘‘(1)’’ after ‘‘(h)’’; course (as defined in section 3675(c)(2) of this ‘‘(5) A joint apprenticeship committee es- (3) by striking ‘‘(rounded to the nearest title): tablished pursuant to the Act of August 16, dollar)’’; ‘‘(1) Any small business development cen- 1937, popularly known as the ‘National Ap- (4) in subparagraph (B), as so redesignated, ter described in section 21 of the Small Busi- prenticeship Act’ (29 U.S.C. 50 et seq.). by striking ‘‘paragraph (1)’’ and inserting ness Act (15 U.S.C. 648). ‘‘(6) An agency of the Federal Government ‘‘subparagraph (A)’’; and ‘‘(2) The National Veterans Business Devel- authorized to supervise such training.’’. (5) by adding at the end the following new opment Corporation (established under sec- paragraph: tion 33 of the Small Business Act (15 U.S.C. (b) EFFECTIVE DATE.—The amendment ‘‘(2) Any increase under paragraph (1) in a made by subsection (a) shall take effect on 657c)).’’. rate with respect to a fiscal year after fiscal (f) EFFECTIVE DATE.—The amendments the date that is six months after the date of year 2004 and before fiscal year 2014 shall be made by this section shall apply to courses the enactment of this Act and shall apply to rounded down to the next lower whole dollar approved by State approving agencies after self-employment on-job training approved amount. Any such increase with respect to a the date of the enactment of this Act. and pursued on or after that date. fiscal year after fiscal year 2013 shall be SEC. 306. REPEAL OF PROVISIONS RELATING TO SEC. 302. INCREASE IN RATES OF SURVIVORS’ rounded to the nearest whole dollar OBSOLETE EDUCATION LOAN PRO- AND DEPENDENTS’ EDUCATIONAL amount.’’. GRAM. ASSISTANCE. (b) SURVIVORS’ AND DEPENDENTS’ EDU- (a) TERMINATION OF PROGRAM.—The Sec- CATIONAL ASSISTANCE.—Section 3564 is (a) SURVIVORS’ AND DEPENDENTS’ EDU- retary of Veterans Affairs may not make a amended— CATIONAL ASSISTANCE.—Section 3532 is loan under subchapter III of chapter 36 of amended— (1) by inserting ‘‘(a)’’ before ‘‘With’’; title 38, United States Code, after the date of (1) in subsection (a)— (2) by striking ‘‘(rounded to the nearest the enactment of this Act. (A) in paragraph (1), by striking ‘‘at the dollar)’’; and (b) DISCHARGE OF LIABILITIES.—Effective as monthly rate of’’ and all that follows and in- (3) by adding at the end the following new of the date of the transfer of funds under serting ‘‘at the monthly rate of $788 for full- subsection: subsection (c)— ‘‘(b) Any increase under subsection (a) in a time, $592 for three-quarter-time, or $394 for (1) any liability on an education loan under rate with respect to a fiscal year after fiscal half-time pursuit.’’; and subchapter III of chapter 36 of title 38, year 2004 and before fiscal year 2014 shall be United States Code, that is outstanding as of (B) in paragraph (2), by striking ‘‘at the rounded down to the next lower whole dollar rate of’’ and all that follows and inserting such date shall be deemed discharged; and amount. Any such increase with respect to a (2) the right of the United States to re- ‘‘at the rate of the lesser of— fiscal year after fiscal year 2013 shall be ‘‘(A) the established charges for tuition cover an overpayment declared under section rounded to the nearest whole dollar 3698(e)(1) of such title that is outstanding as and fees that the educational institution in- amount.’’. volved requires similarly circumstanced non- of such date shall be deemed waived. SEC. 305. AUTHORIZATION FOR STATE APPROV- (c) TERMINATION OF LOAN FUND.—(1) Effec- veterans enrolled in the same program to ING AGENCIES TO APPROVE CER- pay; or tive as of the day before the date of the re- TAIN ENTREPRENEURSHIP peal under this section of subchapter III of ‘‘(B) $788 per month for a full-time COURSES. chapter 36 of title 38, United States Code, all course.’’; (a) APPROVAL OF ENTREPRENEURSHIP monies in the revolving fund of the Treasury (2) in subsection (b), by striking ‘‘$670’’ and COURSES.—Section 3675 is amended by adding known as the ‘‘Department of Veterans Af- inserting ‘‘$788’’; and at the end the following new subsection: (3) in subsection (c)(2), by striking ‘‘shall ‘‘(c)(1) A State approving agency may ap- fairs Education Loan Fund’’ shall be trans- be’’ and all that follows and inserting ‘‘shall prove the entrepreneurship courses offered ferred to the Department of Veterans Affairs be $636 for full-time, $477 for three-quarter- by a qualified provider of entrepreneurship Readjustment Benefits Account, and the re- time, or $319 for half-time pursuit.’’. courses. volving fund shall be closed. (2) Any monies transferred to the Depart- (b) CORRESPONDENCE COURSES.—Section ‘‘(2) For purposes of this subsection, the term ‘entrepreneurship course’ means a non- ment of Veterans Affairs Readjustment Ben- 3534(b) is amended by striking ‘‘$670’’ and in- efits Account under paragraph (1) shall be serting ‘‘$788’’. degree, non-credit course of business education that enables or assists a person to merged with amounts in that account and (c) SPECIAL RESTORATIVE TRAINING.—Sec- start or enhance a small business concern (as shall be available for the same purposes, and tion 3542(a) is amended— defined pursuant to section 3(a) of the Small subject to the same conditions and limita- (1) by striking ‘‘$670’’ and inserting ‘‘$788’’; Business Act (15 U.S.C. 632(a))). tions, as amounts in that account. and ‘‘(3) Subsection (a) and paragraphs (1) and (d) USE OF ENTITLEMENT TO VETERANS EDU- (2) by striking ‘‘$210’’ each place it appears (2) of subsection (b) shall not apply to— CATIONAL ASSISTANCE FOR EDUCATION LOAN and inserting ‘‘$247’’. ‘‘(A) an entrepreneurship course offered by PROGRAM.—Section 3462(a) is amended by striking paragraph (2). (d) APPRENTICESHIP TRAINING.—Section a qualified provider of entrepreneurship (e) REPEAL OF EDUCATION LOAN PROGRAM.— 3687(b)(2) is amended by striking ‘‘shall be courses; and Subchapter III of chapter 36 is repealed. $488 for the first six months’’ and all that fol- ‘‘(B) a qualified provider of entrepreneur- (f) CONFORMING AMENDMENTS.—(1) Section lows and inserting ‘‘shall be $574 for the first ship courses by reason of such provider offer- 3485(e)(1) is amended by striking ‘‘(other six months, $429 for the second six months, ing one or more entrepreneurship courses.’’. than an education loan under subchapter $285 for the third six months, and $144 for the (b) BUSINESS OWNERS NOT TREATED AS AL- III)’’. fourth and any succeeding six-month period READY QUALIFIED.—Section 3471 is amended (2) Section 3512 is amended by striking sub- of training.’’. by inserting before the last sentence the fol- section (f). (e) EFFECTIVE DATE.—The amendments lowing: ‘‘The Secretary shall not treat a per- (g) CLERICAL AMENDMENT.—The table of made by this section shall take effect on son as already qualified for the objective of sections at the beginning of chapter 36 is July 1, 2004, and shall apply with respect to a program of education offered by a qualified amended by striking the items relating to educational assistance allowances payable provider of entrepreneurship courses solely subchapter III and sections 3698 and 3699. under chapter 35 and section 3687(b)(2) of because such person is the owner or operator (h) EFFECTIVE DATES.—(1) The amendments title 38, United States Code, for months be- of a business.’’. made by subsection (d) shall take effect on ginning on or after that date. (c) INCLUSION OF ENTREPRENEURSHIP the date of the enactment of this Act. COURSES IN DEFINITION OF PROGRAM OF EDU- (2) The amendments made by subsections SEC. 303. RESTORATION OF SURVIVORS’ AND DE- CATION.—Subsection (b) of section 3452 is (e), (f), and (g) shall take effect 90 days after PENDENTS’ EDUCATION BENEFITS amended by adding at the end the following: the date of the enactment of this Act. OF INDIVIDUALS BEING ORDERED ‘‘Such term also includes any course, or TO FULL-TIME NATIONAL GUARD SEC. 307. SIX-YEAR EXTENSION OF THE VET- DUTY. combination of courses, offered by a quali- ERANS’ ADVISORY COMMITTEE ON fied provider of entrepreneurship courses.’’. EDUCATION. (a) DELIMITING DATE.—Section 3512(h) is (d) INCLUSION OF QUALIFIED PROVIDER OF (a) MEMBERSHIP.—Subsection (a) of section amended by inserting ‘‘or is involuntarily or- ENTREPRENEURSHIP COURSES IN DEFINITION OF 3692 is amended in the second sentence by in- dered to full-time National Guard duty under EDUCATIONAL INSTITUTION.—Subsection (c) of serting ‘‘, to the maximum extent prac- section 502(f) of title 32,’’ after ‘‘title 10,’’. section 3452 is amended by adding at the end ticable,’’ after ‘‘The committee shall also’’. (b) EFFECTIVE DATE.—The amendment the following: ‘‘Such term also includes any (b) EXTENSION.—Subsection (c) of that sec- made by subsection (a) shall take effect as of qualified provider of entrepreneurship tion is amended by striking ‘‘December 31, September 11, 2001. courses.’’. 2003’’ and inserting ‘‘December 31, 2009’’.

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(c) TECHNICAL AMENDMENTS.—That section ‘‘(A) shall station employees of the Vet- the same extent as assistance is provided is further amended— erans’ Employment and Training Service, or under that subsection to veterans eligible for (1) in subsections (a) and (b), by striking contractors under subsection (c), at each vet- assistance under that subsection and subject ‘‘chapter 106’’ each place it appears and in- erans assistance office described in para- to the requirements of the second sentence serting ‘‘chapter 1606’’; and graph (2); and of that subsection. (2) in subsection (b), by striking ‘‘chapter ‘‘(B) may station such employees or con- ‘‘(2) The Secretary may provide assistance 30’’ and inserting ‘‘chapters 30’’. tractors at such other military installations under subsection (b) to a member of the SEC. 308. PROCUREMENT PROGRAM FOR SMALL outside the United States as the Secretary, Armed Forces serving on active duty who is BUSINESS CONCERNS OWNED AND after consultation with the Secretary of De- suffering from a disability described in sub- CONTROLLED BY SERVICE-DIS- fense, determines to be appropriate or desir- paragraph (A) or (B) of paragraph (1) of that ABLED VETERANS. able to carry out the purposes of this chap- subsection if such disability is the result of The Small Business Act (15 U.S.C. 631 et ter. an injury incurred or disease contracted in seq.) is amended by redesignating section 36 ‘‘(2) Veterans assistance offices referred to or aggravated in line of duty in the active as section 37 and by inserting after section 35 in paragraph (1)(A) are those offices that are military, naval, or air service. Such assist- the following new section: established by the Secretary of Veterans Af- ance shall be provided to the same extent as ‘‘SEC. 36. PROCUREMENT PROGRAM FOR SMALL fairs on military installations pursuant to assistance is provided under that subsection BUSINESS CONCERNS OWNED AND the second sentence of section 7723(a) of this to veterans eligible for assistance under that CONTROLLED BY SERVICE-DIS- title. ABLED VETERANS. subsection and subject to the requirements ‘‘(b) FUNCTIONS.—Employees (or contrac- ‘‘(a) SOLE SOURCE CONTRACTS.—In accord- of paragraph (2) of that subsection.’’. tors) stationed at military installations pur- ance with this section, a contracting officer SEC. 402. INCREASE IN AMOUNTS FOR CERTAIN suant to subsection (a) shall provide, in per- may award a sole source contract to any ADAPTIVE BENEFITS FOR DISABLED son, counseling, assistance in identifying small business concern owned and controlled VETERANS. employment and training opportunities, help by service-disabled veterans if— (a) INCREASE IN ASSISTANCE AMOUNT FOR in obtaining such employment and training, ‘‘(1) such concern is determined to be a re- SPECIALLY ADAPTED HOUSING.—Section 2102 and other related information and services sponsible contractor with respect to per- is amended— to members of the Armed Forces who are formance of such contract opportunity and (1) in the matter preceding paragraph (1) of being separated from active duty, and the the contracting officer does not have a rea- subsection (a), by striking ‘‘$48,000’’ and in- spouses of such members, under the Transi- sonable expectation that 2 or more small serting ‘‘$50,000’’; and tion Assistance Program and Disabled Tran- business concerns owned and controlled by (2) in subsection (b)(2), by striking ‘‘$9,250’’ sition Assistance Program established in sec- service-disabled veterans will submit offers and inserting ‘‘$10,000’’. tion 1144 of title 10. for the contracting opportunity; (b) INCREASE IN AMOUNT OF ASSISTANCE FOR ‘‘(c) AUTHORITY TO CONTRACT WITH PRIVATE ‘‘(2) the anticipated award price of the con- AUTOMOBILE AND ADAPTIVE EQUIPMENT FOR ENTITIES.—The Secretary, consistent with tract (including options) will not exceed— CERTAIN DISABLED VETERANS.—Section section 1144 of title 10, may enter into con- ‘‘(A) $5,000,000, in the case of a contract op- 3902(a) is amended by striking ‘‘$9,000’’ and tracts with public or private entities to pro- portunity assigned a standard industrial inserting ‘‘$11,000’’. vide, in person, some or all of the counseling, classification code for manufacturing; or (c) EFFECTIVE DATE.—The amendments assistance, information and services under ‘‘(B) $3,000,000, in the case of any other con- made by subsections (a) and (b) shall apply the Transition Assistance Program required tract opportunity; and with respect to assistance furnished on or under subsection (a).’’. ‘‘(3) in the estimation of the contracting after the date of the enactment of this Act. (2) The table of sections at the beginning of officer, the contract award can be made at a such chapter is amended by adding at the SEC. 403. PERMANENT AUTHORITY FOR HOUSING fair and reasonable price. end the following new item: LOANS FOR MEMBERS OF THE SE- ‘‘(b) RESTRICTED COMPETITION.—In accord- LECTED RESERVE. ‘‘4113. Outstationing of Transition Assist- ance with this section, a contracting officer Section 3702(a)(2)(E) is amended by strik- ance Program personnel.’’. may award contracts on the basis of coming ‘‘For the period’’ and all that follows petition restricted to small business con- (b) DEADLINE FOR IMPLEMENTATION.—Not through ‘‘each’’ and inserting ‘‘Each’’. cerns owned and controlled by service-dis- later than 90 days after the date of the enact- abled veterans if the contracting officer has SEC. 404. REINSTATEMENT OF MINIMUM RE- ment of this Act, the Secretary of Labor QUIREMENTS FOR SALE OF VENDEE a reasonable expectation that not less than 2 shall implement section 4113 of title 38, LOANS. small business concerns owned and con- United States Code, as added by subsection (a) REINSTATEMENT.—Subsection (a) of sec- trolled by service-disabled veterans will sub- (a), and shall have employees of the Vet- tion 3733 is amended by adding at the end the mit offers and that the award can be made at erans’ Employment and Training Service, or following new paragraph: a fair market price. contractors, to carry out that section at the ‘‘(7) During the period that begins on the ‘‘(c) RELATIONSHIP TO OTHER CONTRACTING military installations involved by such date. date of the enactment of the Veterans’ Bene- PREFERENCES.—A procurement may not be (c) ADDITIONAL AMENDMENT.—(1) The sec- fits Act of 2003 and ends on September 30, made from a source on the basis of a pref- ond sentence of section 7723(a) is amended by 2013, the Secretary shall carry out the provi- erence provided under subsection (a) or (b) if inserting ‘‘and taking into account rec- sions of this subsection as if— the procurement would otherwise be made ommendations, if any, of the Secretary of ‘‘(A) the references in the first sentence of from a different source under section 4124 or Labor’’ after ‘‘Secretary of Defense’’ paragraph (1) to ‘65 percent’ and ‘may be fi- 4125 of title 18, United States Code, or the (2) The amendment made by paragraph (1) nanced’ were references to ‘85 percent’ and Javits-Wagner-O’Day Act (41 U.S.C. 46 et shall apply with respect to offices estab- ‘shall be financed’, respectively; seq.). lished after the date of the enactment of this ‘‘(B) the second sentence of paragraph (1) ‘‘(d) ENFORCEMENT; PENALTIES.—Rules Act. similar to the rules of paragraphs (5) and (6) were repealed; and TITLE IV—HOUSING BENEFITS AND of section 8(m) shall apply for purposes of ‘‘(C) the reference in paragraph (2) to ‘Sep- RELATED MATTERS this section. tember 30, 1990,’ were a reference to ‘Sep- ‘‘(e) CONTRACTING OFFICER.—For purposes SEC. 401. AUTHORIZATION TO PROVIDE ADAPTED tember 30, 2013,’.’’. of this section, the term ‘contracting officer’ HOUSING ASSISTANCE TO CERTAIN (b) STYLISTIC AMENDMENTS.—Such section DISABLED MEMBERS OF THE ARMED has the meaning given such term in section is further amended— FORCES WHO REMAIN ON ACTIVE (1) by striking ‘‘of this subsection’’ after— 27(f)(5) of the Office of Federal Procurement DUTY. (A) ‘‘paragraph (1)’’ in subsections Policy Act (41 U.S.C. 423(f)(5)).’’. Section 2101 is amended by adding at the (a)(4)(A), (a)(5), (a)(6), and (c)(2); and SEC. 309. OUTSTATIONING OF TRANSITION AS- end the following new subsection: (B) ‘‘paragraph (5)’’ in subsection SISTANCE PROGRAM PERSONNEL. ‘‘(c)(1) The Secretary may provide assist- (a)(4)(B)(i); and (a) IN GENERAL.—(1) Chapter 41 is amended ance under subsection (a) to a member of the (2) by striking ‘‘of this paragraph’’ each by adding at the end the following new sec- Armed Forces serving on active duty who is place it appears in subsection (a)(4). tion: suffering from a disability described in para- ‘‘§ 4113. Outstationing of Transition Assist- graph (1), (2), or (3) of that subsection if such SEC. 405. ADJUSTMENT TO HOME LOAN FEES. ance Program personnel disability is the result of an injury incurred Effective January 1, 2004, paragraph (2) of ‘‘(a) STATIONING OF TAP PERSONNEL AT or disease contracted in or aggravated in line section 3729(b) is amended to read as follows: OVERSEAS MILITARY INSTALLATIONS.—(1) The of duty in the active military, naval, or air ‘‘(2) The loan fee table referred to in para- Secretary— service. Such assistance shall be provided to graph (1) is as follows:

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.064 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15203 ‘‘LOAN FEE TABLE

Active Type of loan duty vet- Reservist Other ob- eran ligor

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed before January 1, 2004) ...... 2.00 2.75 NA

(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2004, and before October 1, 2004) ...... 2.20 2.40 NA

(A)(iii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before October 1, 2011) ...... 2.15 2.40 NA

(A)(iv) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2011) ...... 1.40 1.65 NA

(B)(i) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed before January 1, 2004) ...... 3.00 3.00 NA

(B)(ii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January 1, 2004, and before October 1, 2011) ...... 3.30 3.30 NA

(B)(iii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2011 and before October 1, 2013) ...... 2.15 2.15 NA

(B)(iv) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2013) ...... 1.25 1.25 NA

(C)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed before October 1, 2011) ...... 1.50 1.75 NA

(C)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after October 1, 2011) ...... 0.75 1.00 NA

(D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed before October 1, 2011) ...... 1.25 1.50 NA

(D)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after October 1, 2011) ...... 0.50 0.75 NA

(E) Interest rate reduction refinancing loan ...... 0.50 0.50 NA

(F) Direct loan under section 3711 ...... 1.00 1.00 NA

(G) Manufactured home loan under section 3712 (other than an interest rate reduction refinancing loan) ...... 1.00 1.00 NA

(H) Loan to Native American veteran under section 3762 (other than an interest rate reduction refinancing loan) ...... 1.25 1.25 NA

(I) Loan assumption under section 3714 ...... 0.50 0.50 0.50

(J) Loan under section 3733(a) ...... 2.25 2.25 2.25’’.

SEC. 406. ONE-YEAR EXTENSION OF PROCEDURES and inserting ‘‘(which for purposes of this (B) determine the actions that are required ON LIQUIDATION SALES OF DE- chapter includes a surviving spouse who had to ensure that the mechanisms of the Radi- FAULTED HOME LOANS GUARAN- a subsequent remarriage)’’. ation Dose Reconstruction Program for com- TEED BY THE DEPARTMENT OF VET- (b) EFFECTIVE DATE.—The amendment munication and interaction with veterans ERANS AFFAIRS. made by subsection (a) shall apply with re- are adequate and sufficient for purposes of Section 3732(c)(11) is amended by striking spect to deaths occurring on or after Janu- the program, including mechanisms to per- ‘‘October 1, 2011’’ and inserting ‘‘October 1, ary 1, 2000. mit veterans to review the assumptions uti- 2012’’. SEC. 503. PERMANENT AUTHORITY FOR STATE lized in their dose reconstructions. TITLE V—BURIAL BENEFITS CEMETERY GRANTS PROGRAM. (3) Not later than 90 days after the date of SEC. 501. BURIAL PLOT ALLOWANCE. (a) PERMANENT AUTHORITY.—Subsection (a) the enactment of this Act, the Secretaries (a) IN GENERAL.—Section 2303(b) is amend- of section 2408 is amended— shall jointly submit to Congress a report on ed— (1) by striking ‘‘(1)’’; and the review under paragraph (1). The report (1) in the matter preceding paragraph (1), (2) by striking paragraph (2). shall set forth— by striking ‘‘a burial allowance under such (b) CONFORMING AMENDMENT.—Subsection (A) the results of the review; section 2302, or under such subsection, who (e) of such section is amended by striking (B) a plan for any actions determined to be was discharged from the active military, ‘‘Sums appropriated under subsection (a) of required under paragraph (2); and naval, or air service for a disability incurred this section’’ and inserting ‘‘Amounts appro- (C) such other recommendations for the or aggravated in line of duty, or who is a vet- priated to carry out this section’’. improvement of the mission, procedures, and eran of any war’’ and inserting ‘‘burial in a (c) TECHNICAL AMENDMENT TO REPEAL OB- administration of the Radiation Dose Recon- national cemetery under section 2402 of this SOLETE PROVISION.—Subsection (d)(1) of such struction Program as the Secretaries jointly title’’; and section is amended by striking ‘‘on or after consider appropriate. (2) in paragraph (2), by striking ‘‘(other November 21, 1997,’’. (b) ON-GOING REVIEW AND OVERSIGHT.—The than a veteran whose eligibility for benefits TITLE VI—EXPOSURE TO HAZARDOUS Secretaries shall jointly take appropriate ac- under this subsection is based on being a vet- SUBSTANCES tions to ensure the on-going independent re- eran of any war)’’ and inserting ‘‘is eligible SEC. 601. RADIATION DOSE RECONSTRUCTION view and oversight of the Radiation Dose Re- for a burial allowance under section 2302 of PROGRAM OF DEPARTMENT OF DE- construction Program, including the estab- this title or under subsection (a) of this sec- FENSE. lishment of the advisory board required by tion, or was discharged from the active mili- (a) REVIEW OF MISSION, PROCEDURES, AND subsection (c). tary, naval, or air service for a disability in- ADMINISTRATION.—(1) The Secretary of Vet- (c) ADVISORY BOARD.—(1) In taking actions curred or aggravated in line of duty, and erans Affairs and the Secretary of Defense under subsection (b), the Secretaries shall such veteran’’. shall jointly conduct a review of the mission, jointly appoint an advisory board to provide (b) CONFORMING AMENDMENT.—Section 2307 procedures, and administration of the Radi- review and oversight of the Radiation Dose is amended in the last sentence by striking ation Dose Reconstruction Program of the Reconstruction Program. ‘‘and (b)’’ and inserting ‘‘and (b)(2)’’. Department of Defense. (2) The advisory board under paragraph (1) SEC. 502. ELIGIBILITY OF SURVIVING SPOUSES (2) In conducting the review under para- shall be composed of the following: WHO REMARRY FOR BURIAL IN NA- graph (1), the Secretaries shall— (A) At least one expert in historical dose TIONAL CEMETERIES. (A) determine whether any additional ac- reconstruction of the type conducted under (a) ELIGIBILITY.—Section 2402(5) is amended tions are required to ensure that the quality the Radiation Dose Reconstruction Program. by striking ‘‘(which for purposes of this assurance and quality control mechanisms of (B) At least one expert in radiation health chapter includes an unremarried surviving the Radiation Dose Reconstruction Program matters. spouse who had a subsequent remarriage are adequate and sufficient for purposes of (C) At least one expert in risk communica- which was terminated by death or divorce)’’ the program; and tions matters.

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.064 S19PT1 S15204 CONGRESSIONAL RECORD — SENATE November 19, 2003 (D) A representative of the Department of shall submit to the Secretary and Congress a qualified claimant if the request for such re- Veterans Affairs. report on the results of the study under sub- adjudication is received not later than the (E) A representative of the Defense Threat section (a). The report shall include the re- end of the one-year period that begins on the Reduction Agency. sults of the study, including the matters ad- date of the enactment of this Act. (F) At least three veterans, including at dressed under subsection (c), and such other (2) For purposes of this subsection, a least one veteran who is a member of an recommendations as the Academy, or other claimant is qualified within the meaning of atomic veterans group. appropriate scientific organization, con- paragraph (1) if the claimant— (3) The advisory board under paragraph (1) siders appropriate as a result of the study. (A) received notice under section 5103(a) of shall— SEC. 603. FUNDING OF MEDICAL FOLLOW-UP title 38, United States Code, requesting in- (A) conduct periodic, random audits of dose AGENCY OF INSTITUTE OF MEDI- formation or evidence to substantiate a reconstructions under the Radiation Dose CINE OF NATIONAL ACADEMY OF claim; Reconstruction Program and of decisions by SCIENCES FOR EPIDEMIOLOGICAL (B) did not submit such information or evi- the Department of Veterans Affairs on RESEARCH ON MEMBERS OF THE dence within a year after the date such no- claims for service connection of radiogenic ARMED FORCES AND VETERANS. tice was sent; diseases; (a) FUNDING.—(1) The Secretary of Vet- (C) did not file a timely appeal to the (B) assist the Department of Veterans Af- erans Affairs and the Secretary of Defense Board of Veterans’ Appeals or the United fairs and the Defense Threat Reduction shall each make available to the National States Court of Appeals for Veterans Claims; Agency in communicating to veterans infor- Academy of Sciences in each of fiscal years and mation on the mission, procedures, and evi- 2004 through 2013 the amount of $250,000 for (D) submits such information or evidence dentiary requirements of the Radiation Dose the Medical Follow-Up Agency of the Insti- during the one-year period referred to in Reconstruction Program; and tute of Medicine of the Academy for purposes paragraph (1). (C) carry out such other activities with re- of epidemiological research on members of (3) If the decision of the Secretary on a respect to the review and oversight of the Ra- the Armed Forces and veterans. adjudication under this subsection is in favor diation Dose Reconstruction Program as the (2) The Secretary of Veterans Affairs shall of the qualified claimant, the award of the Secretaries shall jointly specify. make available amounts under paragraph (1) grant shall take effect as if the prior deci- (4) The advisory board under paragraph (1) for a fiscal year from amounts available for sion by the Secretary on the claim had not may make such recommendations on modi- the Department of Veterans Affairs for that been made. fications in the mission or procedures of the fiscal year. (4) Nothing in this subsection shall be con- Radiation Dose Reconstruction Program as (3) The Secretary of Defense shall make strued to establish a duty on the part of the the advisory board considers appropriate as a available amounts under paragraph (1) for a Secretary to identify or readjudicate any result of the audits conducted under para- fiscal year from amounts available for the claim that— graph (3)(A). Department of Defense for that fiscal year. (A) is not submitted during the one-year (b) USE OF FUNDS.—The Medical Follow-Up SEC. 602. STUDY ON DISPOSITION OF AIR FORCE period referred to in paragraph (1); or Agency shall use funds made available under HEALTH STUDY. (B) has been the subject of a timely appeal subsection (a) for epidemiological research (a) STUDY REQUIRED.—The Secretary of to the Board of Veterans’ Appeals or the on members of the Armed Forces and vet- Veterans Affairs shall, in accordance with United States Court of Appeals for Veterans erans. this section, carry out a study to determine Claims. (c) SUPPLEMENT NOT SUPPLANT.—Amounts the appropriate disposition of the Air Force (e) CONSTRUCTION ON PROVIDING RE- made available to the Medical Follow-Up Health Study, an epidemiologic study of Air NOTIFICATION.—Nothing in this section, or Force personnel who were responsible for Agency under this section for a fiscal year the amendments made by this section, shall conducting aerial spray missions of herbi- for the purposes referred to in subsection (b) be construed to require the Secretary of Vet- cides during the Vietnam era. are in addition to any other amount made erans Affairs— (b) STUDY THROUGH NATIONAL ACADEMY OF available to the Agency for that fiscal year (1) to provide notice under section 5103(a) SCIENCES.—Not later than 60 days after the for those purposes. of such title with respect to a claim insofar date of the enactment of this Act, the Sec- TITLE VII—OTHER MATTERS as the Secretary has previously provided retary shall seek to enter into an agreement SEC. 701. TIME LIMITATIONS ON RECEIPT OF such notice; or with the National Academy of Sciences, or CLAIM INFORMATION PURSUANT TO (2) to provide for a special notice with re- another appropriate scientific organization, REQUESTS OF DEPARTMENT OF VET- spect to this section and the amendments to carry out the study required by subsection ERANS AFFAIRS. made by this section. (a). NFORMATION TO OMPLETE LAIMS P (a) I C C A - SEC. 702. CLARIFICATION OF APPLICABILITY OF LEMENTS (c) E .—Under the study under sub- PLICATIONS.—Section 5102 is amended by add- PROHIBITION ON ASSIGNMENT OF section (a), the National Academy of ing at the end the following new subsection: VETERANS BENEFITS TO AGREE- Sciences, or other appropriate scientific or- ‘‘(c) TIME LIMITATION.—(1) If information MENTS REQUIRING PAYMENT OF FU- ganization, shall address the following: that a claimant and the claimant’s rep- TURE RECEIPT OF BENEFITS. (1) The scientific merit of retaining and resentative, if any, are notified under sub- Section 5301(a) is amended— maintaining the medical records, other section (b) is necessary to complete an appli- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; study data, and laboratory specimens col- cation is not received by the Secretary with- (2) by designating the last sentence as lected in the course of the Air Force Health in one year from the date such notice is sent, paragraph (2); and Study after the currently-scheduled termi- no benefit may be paid or furnished by rea- (3) by adding at the end the following new nation date of the study in 2006. son of the claimant’s application. paragraph: (2) Whether or not any obstacles exist to ‘‘(2) This subsection shall not apply to any ‘‘(3)(A) This paragraph is intended to clar- retaining and maintaining the medical application or claim for Government life in- ify that, in any case where a beneficiary en- records, other study data, and laboratory surance benefits.’’. titled to compensation, pension, or depend- specimens referred to in paragraph (1), in- (b) CONSTRUCTION OF LIMITATION ON INFOR- ency and indemnity compensation enters cluding privacy concerns. MATION TO SUBSTANTIATE CLAIMS.—Section into an agreement with another person (3) The advisability of providing inde- 5103(b) is amended— under which agreement such other person ac- pendent oversight of the medical records, (1) in paragraph (1), by striking ‘‘if such’’ quires for consideration the right to receive other study data, and laboratory specimens and all that follows through ‘‘application’’ such benefit by payment of such compensa- referred to in paragraph (1), and of any fur- and inserting ‘‘such information or evidence tion, pension, or dependency and indemnity ther study of such records, data, and speci- must be received by the Secretary within compensation, as the case may be, except as mens, and, if so, the mechanism for pro- one year from the date such notice is sent’’; provided in subparagraph (B), and including viding such oversight. and deposit into a joint account from which such (4) The advisability of extending the Air (2) by adding at the end the following new other person may make withdrawals, or oth- Force Health Study, including the potential paragraph: erwise, such agreement shall be deemed to be value and relevance of extending the study, ‘‘(3) Nothing in paragraph (1) shall be con- an assignment and is prohibited. the potential cost of extending the study, strued to prohibit the Secretary from mak- ‘‘(B) Notwithstanding subparagraph (A), and the Federal or non-Federal entity best ing a decision on a claim before the expira- nothing in this paragraph is intended to pro- suited to continue the study if extended. tion of the period referred to in that sub- hibit a loan involving a beneficiary under (5) The advisability of making the labora- section.’’. the terms of which the beneficiary may use tory specimens of the Air Force Health (c) EFFECTIVE DATE.—The amendments the benefit to repay such other person as Study available for independent research, in- made by this section shall take effect as if long as each of the periodic payments made cluding the potential value and relevance of enacted on November 9, 2000, immediately to repay such other person is separately and such research, and the potential cost of such after the enactment of the Veterans Claims voluntarily executed by the beneficiary or is research. Assistance Act of 2000 (Public Law 106–475; made by preauthorized electronic funds (d) REPORT.—Not later than 120 days after 114 Stat. 2096). transfer pursuant to the Electronic Funds entering into an agreement under subsection (d) PROCEDURES FOR READJUDICATION OF Transfers Act (15 U.S.C. 1693 et seq.). (b), the National Academy of Sciences, or CERTAIN CLAIMS.—(1) The Secretary of Vet- ‘‘(C) Any agreement or arrangement for other appropriate scientific organization, erans Affairs shall readjudicate a claim of a collateral for security for an agreement that

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.064 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15205 is prohibited under subparagraph (A) is also office of the Veterans Benefits Administra- (A) in subsection (a), by striking ‘‘Sec- prohibited and is void from its inception.’’. tion of any claim that is remanded to a re- retary of Health and Human Services’’ and SEC. 703. SIX-YEAR EXTENSION OF ADVISORY gional office of the Veterans Benefits Admin- all that follows through the period and in- COMMITTEE ON MINORITY VET- istration by the Board of Veterans’ Ap- serting ‘‘Commissioner of Social Security, ERANS. peals.’’. and shall be certified by the Commissioner Section 544(e) is amended by striking ‘‘De- (2) The table of sections at the beginning of to the Secretary upon request of the Sec- cember 31, 2003’’ and inserting ‘‘December 31, such chapter is amended by inserting after retary.’’; and 2009’’. the item relating to section 5109A the fol- (B) in subsection (b)— SEC. 704. TEMPORARY AUTHORITY FOR PER- lowing new item: (i) by striking ‘‘Secretary of Health and FORMANCE OF MEDICAL DISABIL- ‘‘5109B. Expedited treatment of remanded Human Services’’ in the first sentence and ITIES EXAMINATIONS BY CONTRACT claims.’’. inserting ‘‘Commissioner of Social Secu- PHYSICIANS. rity’’; (b) CASES REMANDED BY COURT OF APPEALS (a) AUTHORITY.—Using appropriated funds, (ii) by striking ‘‘the two Secretaries’’ and FOR VETERANS CLAIMS.—(1) Chapter 71 is other than funds available for compensation inserting ‘‘the Secretary and the Commis- and pension, the Secretary of Veterans Af- amended by adding at the end the following new section: sioner’’; and fairs may provide for the conduct of exami- (iii) by striking ‘‘Secretary of Health and nations with respect to the medical disabil- ‘‘§ 7112. Expedited treatment of remanded Human Services’’ in the second sentence and ities of applicants for benefits under laws ad- claims inserting ‘‘Commissioner’’. ministered by the Secretary by persons other ‘‘The Secretary shall take such actions as (2) Section 5101(a) is amended by striking than Department of Veterans Affairs em- may be necessary to provide for the expedi- ‘‘Secretary of Health and Human Services’’ ployees. The authority under this section is tious treatment by the Board of any claim and inserting ‘‘Commissioner of Social Secu- in addition to the authority provided in sec- that is remanded to the Secretary by the rity’’. tion 504(b) of the Veterans’ Benefits Improve- Court of Appeals for Veterans Claims.’’. (3) Section 5317 is amended by striking ment Act of 1996 (Public Law 104–275; 38 (2) The table of sections at the beginning of ‘‘Secretary of Health and Human Services’’ U.S.C. 5101 note). such chapter is amended by adding at the in subsections (a), (b), and (g) and inserting (b) PERFORMANCE BY CONTRACT.—Examina- end the following new item: ‘‘Commissioner of Social Security’’. tions under the authority provided in sub- ‘‘7112. Expedited treatment of remanded (4)(A) Section 5318 is amended— section (a) shall be conducted pursuant to claims.’’. (i) in subsection (a), by striking ‘‘Depart- contracts entered into and administered by (c) REPEAL OF SOURCE SECTION.—Section ment of Health and Human Services’’ and in- the Under Secretary for Benefits. 302 of the Veterans’ Benefits Improvement serting ‘‘Social Security Administration’’; (c) EXPIRATION.—The authority in sub- Act of 1994 (Public Law 103–446; 108 Stat. 4658; and section (a) shall expire on December 31, 2009. 38 U.S.C. 5101 note) is repealed. (ii) in subsection (b)— No examination may be carried out under (I) by striking ‘‘Department of Health and the authority provided in that subsection SEC. 708. TECHNICAL AND CLERICAL AMEND- MENTS. Human Services’’ and inserting ‘‘Social Se- after that date. (a) MISCELLANEOUS AMENDMENTS.—(1) Sec- curity Administration’’; (d) REPORT.—Not later than four years tion 103(d) is amended— (II) by striking ‘‘Secretary of Health and after the date of the enactment of this Act, (A) in paragraph (4)— Human Services’’ the first place it appears the Secretary shall submit to Congress a re- (i) in the matter preceding subparagraph and inserting ‘‘Commissioner of Social Secu- port on the use of the authority provided in (A), by striking ‘‘this subsection’’ and insert- rity’’; subsection (a). The Secretary shall include ing ‘‘paragraph (2)(A) or (3)’’; and (III) by striking ‘‘Secretary of Health and in the report an assessment of the effect of (ii) in subparagraph (A), by striking ‘‘para- Human Services’’ the second place it appears examinations under that authority on the graph (2)’’ and inserting ‘‘paragraph (2)(A)’’; and inserting ‘‘Commissioner’’; and cost, timeliness, and thoroughness of exami- and (IV) by striking ‘‘such Secretaries’’ and in- nations with respect to the medical disabil- (B) in paragraph (5), by striking ‘‘Para- serting ‘‘the Secretary and the Commis- ities of applicants for benefits under laws ad- graphs (2)’’ and inserting ‘‘Paragraphs sioner’’. ministered by the Secretary. (2)(A)’’. (B)(i) The heading of such section is SEC. 705. FORFEITURE OF BENEFITS FOR SUB- (2) Section 1729A is amended— amended to read as follows: VERSIVE ACTIVITIES. (A) in subsection (b), by striking ‘‘after ‘‘§ 5318. Review of Social Security Administra- (a) ADDITION OF CERTAIN OFFENSES.—Para- June 30, 1997,’’ in the matter preceding para- tion death information’’. graph (2) of section 6105(b) is amended— graph (1); (1) by inserting ‘‘175, 229,’’ after ‘‘sections’’; (B) in subsection (c), by striking paragraph (ii) The item relating to that section in the and (3); table of sections at the beginning at chapter (2) by inserting ‘‘831, 1091, 2332a, 2332b,’’ (C) by striking subsection (e); and 53 is amended to read as follows: after ‘‘798,’’. (D) by redesignating subsection (f) as sub- ‘‘5318. Review of Social Security Administra- (b) EFFECTIVE DATE.—The amendments section (e). tion death information.’’. made by subsection (a) shall apply to claims (3) Section 1804(c)(2) is amended by strik- filed after the date of the enactment of this ing ‘‘subsection’’ and inserting ‘‘section’’. SA 2206. Mr. SPECTER submitted an Act. (4) Section 1974(a)(5) is amended by strik- SEC. 706. TWO-YEAR EXTENSION OF ROUND- amendment intended to be proposed by ing ‘‘Secretary of Transportation’’ and in- him to the bill S. 671, to amend the DOWN REQUIREMENT FOR COM- serting ‘‘Secretary of Homeland Security’’. PENSATION COST-OF-LIVING AD- (b) AMENDMENTS RELATING TO THE JOBS FOR Harmonized Tariff Schedule of the JUSTMENTS. VETERANS ACT.—(1)(A) Subsection United States to modify temporarily Sections 1104(a) and 1303(a) are each (c)(2)(B)(ii) of section 4102A is amended by certain rates of duty, to make other amended by striking ‘‘2011’’ and inserting striking ‘‘October 1, 2002’’ and inserting ‘‘Oc- ‘‘2013’’. technical amendments to the trade tober 1, 2003’’. laws, and for other purposes; which was SEC. 707. CODIFICATION OF REQUIREMENT FOR (B) The amendment made by subparagraph ordered to lie on the table; as follows: EXPEDITIOUS TREATMENT OF (A) shall take effect as if included in the en- CASES ON REMAND. actment of section 4(a) of the Jobs for Vet- On page 137, between lines 3 and 4, insert (a) CASES REMANDED BY BOARD OF VET- erans Act (Public Law 107–288; 116 Stat. 2038). the following: ERANS’ APPEALS.—(1) Chapter 51 is amended (2) Subsection (f)(1) of section 4102A is SEC. 1421. TEMPORARY DUTY REDUCTIONS FOR by adding at the end of subchapter I the fol- amended by striking ‘‘6 months after the CERTAIN COTTON SHIRTING FAB- lowing new section: date of the enactment of this section,’’ and RIC. ‘‘§ 5109B. Expedited treatment of remanded inserting ‘‘May 7, 2003,’’. (a) CERTAIN COTTON SHIRTING FABRICS.— claims (c) AMENDMENTS RELATING TO THE ESTAB- (1) IN GENERAL.—Subchapter II of chapter ‘‘The Secretary shall take such actions as LISHMENT OF SOCIAL SECURITY ADMINISTRA- 99 is amended by inserting in numerical se- may be necessary to provide for the expedi- TION AS AN INDEPENDENT AGENCY.—(1) Sec- quence the following new headings: tious treatment by the appropriate regional tion 1322 is amended—

‘‘ 9902.52.08 Woven fabrics of cotton, all the foregoing certified by the importer as suit- Free No No On or be- able for use in making men’s and boys’ shirts and as imported by or for the change change fore 12/31/ benefit of a manufacturer of men’s and boys’ shirts, subject to the quantity 2005 limitations contained in general note 18 of this subchapter (provided for in section 204(b)(3)(B)(i)(III) of the Andean Trade Preference Act (19 U.S.C. 3203)).

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.064 S19PT1 S15206 CONGRESSIONAL RECORD — SENATE November 19, 2003 9902.52.09 Woven fabrics of cotton, all the foregoing certified by the importer as con- Free No No On or be- taining 100 percent pima cotton grown in the United States, as suitable for change change fore 12/31/ ’’. use in making men’s and boys’ shirts, and as imported by or for the benefit 2005 of a manufacturer of men’s and boys’ shirts (provided for in section 204(b)(3)(B)(i)(III) of the Andean Trade Preference Act (19 U.S.C. 3203)).

(2) DEFINITIONS AND LIMITATION ON QUAN- (2) TIMING FOR GRANT AWARDS.—The Sec- pany that produces ringspun yarns shall pro- TITY OF IMPORTS.—The U.S. Notes to chapter retary of the Treasury shall, not later than vide a notarized affidavit affirming— 99 are amended by adding at the end the fol- 90 days after the date of enactment of this (A) that the manufacturer used pima cot- lowing: section, establish guidelines for the applica- ton grown in the United States during the ‘‘17. For purposes of subheadings 9902.52.08 tion and awarding of the grants described in period January 1, 2002, through December 31, and 9902.52.09, the term ‘making’ means cut- paragraph (1), and shall award such grants to 2002, to produce ring spun cotton yarns, ting and sewing in the United States, and the qualified applicants not later than 180 days measuring less than 83.33 decitex (exceeding term ‘manufacturer’ means a person or enti- after the date of enactment of this section. 120 metric number), in single and plied form ty that cuts and sews in the United States. Each grant awarded under this section shall during 2002; ‘‘18. The aggregate quantity of cotton fab- be distributed to the qualified applicant in 2 (B) the quantity, measured in pounds, of rics entered under subheading 9902.52.08 from equal annual installments. ring spun cotton yarns, measuring less than January 1 to December 31 of each year, in- (3) DISTRIBUTION OF FUNDS.—Of the 83.33 decitex (exceeding 120 metric number), clusive, by or on behalf of each manufacturer amounts in the Pima Cotton Trust Fund— in single and plied form during calendar year of men’s and boys’ shirts shall be limited to (A) $8,000,000 shall be made available to a 2002; and 85 percent of the total square meter equiva- nationally recognized association estab- (C) that the manufacturer maintains sup- lents of all imported cotton woven fabric lished for the promotion of pima cotton porting documentation showing the quantity used by such manufacturer in cutting and grown in the United States for the use in of such yarns produced, and evidencing the sewing men’s and boys’ cotton shirts in the textile and apparel goods; yarns as ring spun cotton yarns, measuring United States and purchased by such manu- (B) $8,000,000 shall be made available to less than 83.33 decitex (exceeding 120 metric facturer during calendar year 2000.’’. yarn spinners of pima cotton grown in the number), in single and plied form during cal- (b) DETERMINATION OF TARIFF-RATE United States, and shall be allocated to each endar year 2002. QUOTAS.— spinner based on the percentage of the spin- (7) NO APPEAL.—Any grant awarded by the (1) AUTHORITY TO ISSUE LICENSES AND LI- ner’s production of ring spun cotton yarns, Secretary under this section shall be final CENSE USE.—To implement the limitation on measuring less than 83.33 decitex (exceeding and not subject to appeal or protest. the quantity of imports of cotton woven fab- 120 metric number), from pima cotton grown (c) AUTHORIZATION.—There are authorized rics under subheading 9902.52.08 of the Har- to be appropriated, and are appropriated out in the United States in single and plied form monized Tariff Schedule of the United of the amounts in the general fund of the during calendar year 2002 (as evidenced by an States, as required by U.S. Note 18 to sub- Treasury not otherwise appropriated, such affidavit provided by the spinner), compared chapter II of chapter 99 of such Schedule, for sums as are necessary to carry out the provi- to the production of such yarns for all spin- the entry, or withdrawal from warehouse for sions of this section, including funds nec- ners who qualify under this subparagraph; consumption, the Secretary of Commerce essary for the administration and oversight shall issue licenses designating eligible man- and of the grants provided for in this section. (C) $16,000,000 shall be made available to ufacturers and the annual quantity restric- f tions under each such license. A licensee manufacturers who cut and sew cotton shirts may assign the authority (in whole or in in the United States and that certify that AUTHORITY FOR COMMITTEES TO part) to import fabric under subheading they used imported cotton fabric during the MEET 9902.52.08 of such Schedule. period January 1, 1998, through July 1, 2003, and shall be allocated to each manufacturer COMMITTEE ON ARMED SERVICES (2) LICENSES UNDER U.S. NOTE 18.—For pur- Mr. THOMAS. Mr. President, I ask poses of U.S. Note 18 to subchapter II of on the bases of the dollar value (excluding chapter 99 of the Harmonized Tariff Schedule duty, shipping, and related costs) of im- unanimous consent that the Com- of the United States, as added by subsection ported woven cotton shirting fabric of 80s or mittee on Armed Services be author- (a)(2), a license shall be issued within 60 days higher count and 2-ply in warp purchased by ized to meet during the session of the of an application containing a notarized affi- the manufacturer during calendar year 2002 Senate on Wednesday, November 19, davit from an officer of the manufacturer (as evidenced by an affidavit from the manu- 2003, at 9 a.m., in open and possibly that the manufacturer is eligible to receive a facturer) used in the manufacturing of men’s closed session, to receive testimony on license and stating the quantity of imported and boys’ cotton shirts, compared to the dol- current Army issues. cotton woven fabric purchased during cal- lar value (excluding duty, shipping, and re- COMMITTEE ON ARMED SERVICES endar year 2000 for use in the cutting and lated costs) of such fabric for all manufac- sewing men’s and boys’ shirts in the United turers who qualify under this subparagraph. Mr. THOMAS. Mr. President, I ask States. (4) AFFIDAVIT OF SHIRTING MANUFACTUR- unanimous consent that the Com- (3) AFFIDAVITS.—For purposes of an affi- ERS.—For purposes of paragraph (3)(D), an of- mittee on Armed Services be author- davit described in this subsection, the date ficer of the manufacturer of men’s and boys’ ized to meet during the session of the of purchase shall be— shirts shall provide a notarized affidavit af- Senate on Wednesday, November 19, (A) the invoice date if the manufacturer is firming— 2003, at 2:30 p.m., in executive session not the importer of record; and (A) that the manufacturer used imported to discuss pending military nomina- (B) the date of entry if the manufacturer is cotton fabric during the period January 1, tions. the importer of record. 1998, through July 1, 2003, to cut and sew men’s and boys’ woven cotton shirts in the COMMITTEE ON FINANCE On page 263, between lines 11 and 12, insert Mr. THOMAS. Mr. President, I ask the following: United States; unanimous consent that the Com- SEC. 2007. COTTON TRUST FUND. (B) the dollar value of imported woven cot- (a) IN GENERAL.—There is established in ton shirting fabric of 80s or higher count and mittee on Finance be authorized to the Treasury of the United States a trust 2-ply in warp purchased during calendar year meet in open Executive Session during fund to be known as the ‘‘Pima Cotton Trust 2002; the session on Wednesday, November Fund’’, consisting of $32,000,000 transferred to (C) that the manufacturer maintains in- 19, 2003; to consider nomination of Ar- the Pima Cotton Trust Fund from funds in voices along with other supporting docu- nold I. Havens, to be General Counsel the general fund of the Treasury. mentation (such as price lists and other for the Department of the Treasury. (b) GRANTS.— technical descriptions of the fabric qualities) (1) GENERAL PURPOSE.—From amounts in showing the dollar value of such fabric pur- COMMITTEE ON GOVERNMENTAL AFFAIRS the Pima Cotton Trust Fund, the Secretary chased, the date of purchase, and evidencing Mr. THOMAS. Mr. President, I ask of Commerce is authorized to provide grants the fabric as woven cotton fabric of 80s or unanimous consent that the Com- to spinners of United States grown pima cot- higher count and 2-ply in warp; and mittee on Governmental Affairs be au- ton, manufacturers of men’s and boys’ cot- (D) that the fabric was suitable for use in thorized to meet on Wednesday, No- ton shirting, and a nationally recognized as- the manufacturing of men’s and boys’ cotton vember 19, 2003, at 9:30 a.m., for a hear- sociation that promotes the use of pima cot- shirts. ing titled ‘‘Agroterrorism: The Threat ton grown in the United States, to assist (5) DATE OF PURCHASE.—For purposes of the to America’s Breadbasket.’’ such spinners and manufacturers in maxi- affidavit required by paragraph (4), the date mizing United States employment in the of purchase shall be the invoice date, and the COMMITTEE ON HEALTH, EDUCATION, LABOR, production of textile or apparel products and dollar value shall be determined excluding AND PENSIONS to increase the promotion of the use of duty, shipping, and related costs. Mr. THOMAS. Mr. President, I ask United States grown pima cotton respec- (6) AFFIDAVIT OF YARN SPINNERS.—For pur- unanimous consent that the Com- tively. poses of paragraph (3)(B), an officer of a committee on Health, Education, Labor,

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.065 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15207 and Pensions be authorized to meet in The PRESIDING OFFICER. Without Ms. SNOWE. Mr. President, I rise Executive Session during the session of objection, it is so ordered. today to support passage of the Small the Senate on Wednesday, November Mr. INHOFE. I ask unanimous con- Business Administration Continuation 19, 2003. The following agenda will be sent Matthew Griles be granted the Act of 2003. This bill provides a short- considered: privilege of the floor during the pend- term extension of the Small Business Sll, Mammography Quality Standards ency of this debate. Administration and all of its programs. Reauthorization Act of 2003 The PRESIDING OFFICER. Without In particular, it ensures the continu- Sll, Medical Device Technical Correc- objection, it is so ordered. ation of the SBA’s 504 loan program, tions Act of 2003 Mrs. CLINTON. Mr. President, I ask Small Business Investment Company S. 741, Minor Use and Minor Species Ani- unanimous consent that the privilege program, and other activities currently mal Health Act of 2003 and Food Allergen La- of the floor be granted to the following conducted by the SBA, which must be beling and Consumer Protection Act of 2003 (manager’s amendment to be filed) fellows in my staff: Robyn Golden and extended before Congress adjourns this S. 573, Organ Donation and Recovery Im- William Rom. year. I am pleased to be joined by Sen- provement Act The PRESIDING OFFICER. Without ator KERRY, the ranking member of the Presidential Nominations objection, it is so ordered. Committee on Small Business and En- THE PRESIDING OFFICER. Without f trepreneurship, in supporting this bill. On September 26, 2003, the Senate objection, it is so ordered. PRESIDENTIAL MEDAL OF unanimously approved the Small Busi- COMMITTEE ON THE JUDICIARY FREEDOM TO POPE JOHN PAUL II ness Administration 50th Anniversary Mr. THOMAS. Mr. President, I ask Mr. FRIST. Mr. President, I ask Reauthorization Act of 2003, S. 1375, unanimous consent that the Com- unanimous consent that the Senate which I introduced as the chair of the mittee on the Judiciary be authorized proceed to the immediate consider- Committee on Small Business. That to meet to conduct a hearing on ation of H. Con. Res. 313, which is at bill provides for the 3-year reauthoriza- Wednesday, November 19, 2003, at 2:30 the desk. tion of the SBA and its small business a.m., on ‘‘Judicial Nominations,’’ in The PRESIDING OFFICER. The programs, including the 504 loan pro- the Dirksen Senate Office Building clerk will report the resolution by gram and the SBIC program. Room 226. title. The reauthorization bill will con- Witness List: The assistant legislative clerk read tinue the SBA’s role in assisting Amer- as follows: ican small business to thrive and grow, Panel I: Senators. A concurrent resolution (H. Con. Res. 313) through the agency’s lending, entrepre- Panel II: Williams James Haynes II to urge the President, on behalf of the neurial development, and government to be United States Circuit Judge for United States, to present the Presidential contracting programs and services. the Fourth Circuit; Louis Guirola, Jr. Medal of Freedom to His Holiness, Pope John Most importantly, it will enable the to be United States District Judge for Paul II, in recognition of his significant, en- agency to help small businesses con- the Southern District of Mississippi; during, and historic contributions to the tinue creating new jobs for our econ- Virginia E. Hopkins to be United causes of freedom, human dignity, and peace omy. According to the SBA, for the States District Judge for the Northern and to commemorate the Silver Jubilee of years covered by the reauthorization District of Alabama; and Kenneth M. His Holiness’ inauguration of his ministry as Bishop of Rome and Supreme Pastor of the bill, an estimated 3.34 million jobs will Karas to be United States District Catholic Church. be created or retained as a result of the Judge for the Southern District of New reauthorization programs. York. There being no objection, the Senate proceeded to consider the concurrent While the Small Business Adminis- THE PRESIDING OFFICER. Without tration 50th Anniversary Reauthoriza- objection, it is so ordered. resolution. Mr. FRIST. Mr. President, I ask tion Act provides for the continuation SELECT COMMITTEE ON INTELLIGENCE unanimous consent that the concur- of these programs, the other body has Mr. THOMAS. Mr. President, I ask rent resolution be agreed to, the pre- been delayed in its consideration of unanimous consent that the Select amble be agreed to, the motion to re- legislation to reauthorize the agency. Committee on Intelligence be author- consider be laid upon the table, and The SBA’s programs that rely on ap- ized to meet during the session of the any statements relating to the concur- propriations will be continued once the Senate on November 19, 2003 at 2 p.m. rent resolution be printed in the Commerce, Justice, State and the Judi- to hold closed Conference on the Fiscal RECORD. ciary appropriations legislation for Year 04 Intelligence Authorization. The PRESIDING OFFICER. Without Fiscal Year 2004 is enacted. However, The PRESIDING OFFICER. Without objection, it is so ordered. several of the SBA’s programs and ac- objection, it is so ordered. The concurrent resolution (H. Con. tivities, like the 504 loan and SBIC pro- f Res. 313) was agreed to. grams, do not rely on appropriations. As a result, they are in jeopardy of PRIVILEGES OF THE FLOOR The preamble was agreed to. f shutting down without the bill before Mr. WYDEN. Mr. President, I ask us today, and that’s a result America’s unanimous consent a legislative fellow TEMPORARY EXTENSIONS OF THE small businesses simply cannot afford. in my office, Kevin Vranes, be granted PROGRAMS UNDER THE SMALL I am confident that we can enact leg- the privilege of the floor during the du- BUSINESS ACT AND THE SMALL islation to reauthorize the SBA once ration of consideration of the con- BUSINESS INVESTMENT ACT OF the other body has completed work on ference report on the Energy bill. 1958 its version of the bill. In the interim, The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask we must ensure that the SBA can con- objection, it is so ordered. unanimous consent that the Senate tinue to offer the entire range of its Mr. DURBIN. Mr. President, I ask now proceed to the consideration of S. programs to our nation’s small busi- unanimous consent that Dr. Jonathan 1895, introduced earlier today by Sen- nesses, which are the driving force be- Epstein, a legislative fellow in Senator ator SNOWE. hind our current economic recovery. BINGAMAN’s office, be given floor privi- The PRESIDING OFFICER. The With small businesses comprising 99.7 leges during the pendency of H.R. 6, the clerk will state the bill by title. percent of all businesses in the United Energy Policy Act of 2003 conference The assistant legislative clerk read States, employing 57 percent of the report and any votes thereupon. as follows: total private-sector workforce, and ac- The PRESIDING OFFICER. Without A bill (S. 1895) a bill to temporarily extend counting for approximately 40 percent objection, it is so ordered. the programs under the Small Business Act of the Gross Domestic Product, they Mr. AKAKA. Mr. President, I ask and the Small Business Investment Act of deserve nothing less! unanimous consent that a fellow in my 1958 through March 15, 2004, and for other The 504 loan program, one of the office, Ms. Barbara Peichel, be granted purposes. agency’s flagship lending programs, al- floor privileges for the duration of the There being no objection, the Senate lows small businesses to obtain long- consideration of the Energy bill. proceeded to consider the bill. term, fixed-rate financing to purchase

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.067 S19PT1 S15208 CONGRESSIONAL RECORD — SENATE November 19, 2003 land, buildings, or equipment. In the ment Company, SBIC, program so that nancing available to small businesses. past four fiscal years, the SBA has pro- it can continue operating at a zero sub- We fully intend to provide authoriza- vided guarantees for more than 20,000 sidy rate for 2004. The SBIC fee level tion for 3 years when the SBA’s com- loans through the 504 Loan Program, was increased in the last Continuing prehensive reauthorization bill is en- for a total of approximately $8.6 bil- Resolution and that increase is merely acted in early 2004. lion, and these loans have allowed continued in this bill to avoid statu- I feel just as strongly about the im- small businesses to create or retain tory interpretation problems. portance of continuing the SBA’s ven- While the Senate has passed a 3-year more than 445,000 jobs. ture capital programs. Specifically, we The SBIC Program utilizes private reauthorization of the SBA, S. 1375, the need to make clear that the amount of venture capital, with matching Federal House has not completed work on its fees that can be charged to partici- funds, to provide financing to small reauthorization bill. In order to pro- pating securities venture capital firms businesses, many of which have found vide time for the House to act and the is increased from 1.38 percent to 1.46 it difficult to obtain financing from bills to be reconciled, this bill extends traditional venture capital firms, both the SBA’s authorization on a short- percent. Venture capital has been very because of the businesses’ small size term basis so the agency can continue scarce over the past few years, and this and because of difficult economic providing its critical lending, entrepre- program has been responsible for more trends. Since the start of Fiscal Year neurial development, and government than 50 percent of the number of deals 1999, small business investment compa- contracting programs to the Nation’s made in this country. In spite of the in- nies supported by the SBA have made small businesses. dustry’s rough times, the committee is more than 15,800 investments in small (At the request of Mr. DASCHLE, the supportive of the Small Business In- businesses, with a total value of $16.9 following statement was ordered to be vestment Company programs and billion. This critical long-term or ‘‘pa- printed in the RECORD.) wants to see more successes like Sta- tient’’ capital for small businesses has ∑ Mr. KERRY. Mr. President, today, as ples and Callaway golf lead the way in led to the creation and retention of ap- the ranking Democrat of the Com- their industries and create jobs. proximately 481,000 jobs during this pe- mittee on Small Business and Entre- Extending the Women’s Business riod. preneurship, I join the committee’s Center Sustainability pilot program— Both of these programs are critical chair, Senator OLYMPIA SNOWE, in in- which is made permanent in both the to our efforts to provide necessary cap- troducing a bill to extend for 4 House and Senate SBA reauthorization ital to small businesses so that those months—through March 15, 2004—the bills—is tremendously important to businesses can provide the jobs and the authority to operate the Small Busi- the 86,000 women business owners growth to improve the Nation’s econ- ness Administration’s programs. It is across the Nation who use the entre- omy. In addition, both of these pro- our hope that it can be expeditiously preneurial development assistance grams rely on fees charged to the pro- considered by the Senate. each year. Without the continuation of gram participants, rather than on Fed- Enacting this bill before Congress ad- the agency’s authority to operate pilot eral appropriations, to fund their oper- journs for the holidays is critical in programs, it is possible that the Small ation. Because neither program re- order to continue making accessible to Business Administration could mis- quires any Federal funds, the SBA small businesses the many needed reinterpret Congress’s strong support for sources, from long-term loans to tech- needs legislative authorization to col- this pilot and discontinue funding 55 nical and contracting assistance, of the lect the fees that operate the programs centers in over 40 states, closing over SBA. Among those that would be in and ensure that they function at a zero half of the most experienced and active jeopardy of closing are the agency’s subsidy rate. Currently, the authoriza- women’s business centers. In 1999, when loans for growing businesses through tion for these fees has been tempo- I authored the Women’s Business Cen- what’s more commonly referred to as rarily extended under the present con- ter Sustainability pilot program, it the 504 loan program, certain estab- tinuing resolution. was my intention to continue the most lished Women’s Business Centers, the With the close of the First Session of productive and well-equipped women’s contracting program to assist minor- the 108th Congress rapidly approach- business centers, knowing that demand ity-owned small businesses, the pro- ing, we must act now to ensure that for such services was rapidly growing. gram to provide surety bonds to small the SBA and its programs are contin- Today, with women-owned businesses contractors through so-called ‘‘pre- ued. The bill before us achieves that opening at one-and-a-half times the ferred sureties’’ and one of the agency’s goal by extending the authorization for rate of all privately held firms, the venture capital programs. the agency and its programs through need for women’s business centers is March 15, 2004. That will provide ample The agency’s 504 program is more important than ever to our small busi- even greater. Until Congress makes time for the other body to pass its leg- permanent the Women’s Business Cen- islation, for us to reconcile the dif- nesses and the economy. The need could not be clearer, with demand for ter Sustainability Pilot program, as in- ferences, and for the president to sign a tended in already passed legislation, an long-term reauthorization bill for the loans up 25 percent in both the number of loans made and the total dollar extension of authority is vital—not SBA. only to the centers themselves, but to This legislation is absolutely nec- amount in loans made. As the year the women’s business community and essary for America’s small businesses. I came to a close, these loans pumped to the 18 million workers employed by urge my colleagues to support this bill more than $3 billion into our local women-owned businesses around the and thereby ensure that the SBA, and economies through thousands of small country. in particular the 504 loan and SBIC pro- businesses. Remarkably, making these grams, will continue to serve small loans available to small businesses We also need to ensure the continu- businesses and enable small businesses costs the taxpayers nothing because ation of the agency’s contracting as- to obtain the financing they need, as the borrowers, lenders and certified de- sistance. One type of assistance in par- they contribute so greatly to the revi- velopment companies cover costs of ticular is the Small and Disadvantaged talization of our national economy. the program through fees. While it re- Businesses, SDB, Certification pro- In summary, the Small Business Ad- quires no appropriations to guarantee gram. It was created to assist small ministration Continuation Act of 2003 these loans, continuation of the pro- businesses through government con- is a straight extension of the author- gram depends upon the ability of the tracting, access to capital, manage- ization for the Small Business Admin- lenders to charge fees, which must be ment and technical assistance, and ex- istration, SBA, and its programs at specifically permitted by Congress. port assistance. The program was origi- their FY 2003 levels through March 15, This program is extremely successful nally implemented to help Federal 2003. Currently, the SBA and its pro- and should absolutely continue. I be- agencies reach a 5 percent goal of utili- grams are operating under the provi- lieve I speak for many when I say that zation of these essential businesses in- sions of the Continuing Resolution. the Congress wants the lending com- curred to address discrimination and The bill also increases the fee author- munity to continue devoting resources under-utilization of certain firms in ization for the Small Business Invest- to 504 loans, keeping this affordable fi- Federal contracting.

VerDate jul 14 2003 02:53 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A19NO6.088 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — SENATE S15209 The positive implications of this pro- through March 15, 2004, under the same weapons and the export by North Korea of gram have grown beyond the expecta- terms and conditions in effect on September ballistic missiles; tions of even the authors of the origi- 30, 2003. Whereas the Republic of Korea is making nal legislation. By supporting these so- (b) EXCEPTION.—Notwithstanding sub- valuable contributions to the global war on section (a), section 303(g)(2) of the Small terrorism, including the contribution of lo- cially and economically disadvantaged Business Investment Act of 1958 (15 U.S.C. gistics support for international forces oper- businesses, the Federal Government 683(g)(2)) is amended by striking ‘‘1.38 per- ating in Afghanistan; has helped these entrepreneurs revi- cent’’ and inserting ‘‘1.46 percent’’. Whereas the Republic of Korea has pledged talize neighborhoods, create jobs, and f $260,000,000 and has already sent 700 military encourages real, measurable economic engineers and medical personnel to assist in growth. The program has shown to be a THE 50TH ANNIVERSARY OF THE the United States-led effort to stabilize and resounding success, however, a great MUTUAL DEFENSE TREATY BE- reconstruct Iraq; and deal of work still needs to be done. TWEEN THE UNITED STATES Whereas South Korea President Roh Moo- AND THE REPUBLIC OF KOREA hyun pledged on October 18, 2003, to dispatch Moreover, the Federal Government has additional troops to work alongside United failed to meet the 23 percent govern- Mr. FRIST. Mr. President, I ask States and coalition forces in Iraq: Now, ment-wide goal for small business uti- unanimous consent that the Senate therefore, be it lization in Federal procurement. Agen- proceed to the immediate consider- Resolved, That the Senate— cies have continually failed to meet ation of Calendar No. 379, S. Res. 256. (1) observes the 50th anniversary of the the goals for socially and economically The PRESIDING OFFICER. The Mutual Defense Treaty between the United disadvantaged, women owned busi- clerk will report. States of America and the Republic of Korea, nesses, service disabled veteran owned, The legislative clerk read as follows: signed at Washington October 1, 1953, and entered into force November 17, 1954; A resolution (S. Res. 256) observing the and HUBZone firms, all of which con- (2) reaffirms the deep cooperation and 50th anniversary of the Mutual Defense Trea- tribute to the overall 23 percent goal. friendship between the people of the United ty between the United States and the Repub- Part of the problem faced by small States and the people of the Republic of lic of Korea, affirming the deep cooperation businesses participating in these pro- Korea; and and friendship between the people of the (3) thanks the Republic of Korea for its grams and by those attempting to en- United States and the people of the Republic contributions to the global war on terrorism force small business utilization goals is of Korea, and thanking the Republic of and to the stabilization and reconstruction the perception that these goals are in- Korea for its contributions to the global war of Afghanistan and Iraq. tended to be a maximum set-aside for on terrorism and to the stabilization and re- small firms. They are not. They are construction of Afghanistan and Iraq. minimum thresholds. The continuation There being no objection, the Senate f of the SDB program throughout the proceeded to consider the resolution. government will help Federal agencies Mr. FRIST. Mr. President, I ask EXECUTIVE SESSION continue to utilize these small busi- unanimous consent that the resolution nesses and continue to foster business be agreed to, the preamble be agreed development and in much needed sec- to, the motion to reconsider be laid EXECUTIVE CALENDAR tors of the economy. upon the table, all with no intervening I would like to make clear that this action or debate, and that any state- Mr. FRIST. Mr. President, I ask bill is not intended to interfere with ments relating to the measure be print- unanimous consent that the Senate im- any program, pilot program or authored in the RECORD. mediately proceed to executive session ity that has a longer authorization, The PRESIDING OFFICER. Without to consider the following nomination like the Small Business Innovation and objection, it is so ordered. on today’s Executive Calendar: Cal- Small Business Technology Transfer The resolution (S. Res. 256) was endar No. 321. programs. If there are any doubts agreed to. NOMINATION DISCHARGED about our intentions, the bill is struc- The preamble was agreed to. Further, I ask consent that the For- tured to keep all programs, pilots and The resolution, with its preamble, eign Relations Committee be dis- initiatives operating that could have reads as follows: charged from further consideration of expired between September 30, 2003, S. RES. 256 the following nomination and the Sen- and March 15, 2003, and to keep them Whereas October 1, 2003, marked the 50th ate proceed en bloc to its consider- operating as on September 30. anniversary of the signing of the Mutual De- ation: PN1019–2, Robert Goldberg. I commend our committee, and the fense Treaty between the United States of I further ask unanimous consent that leadership of our chair, Senator SNOWE, America and the Republic of Korea, signed at the nominations be confirmed, the mo- Washington October 1, 1953, and entered into for deliberating and passing our com- tions to reconsider be laid upon the prehensive reauthorization bill in July force November 17, 1954 (hereinafter referred to as the ‘‘Mutual Defense Treaty’’); table, the President be immediately and look forward to working with our notified of the Senate’s action, and the colleagues in the House to pass a final Whereas the United States and the Repub- ∑ lic of Korea have formed a bond through the Senate then return to legislative ses- bill in early 2004. common struggle against communist aggres- sion. Mr. FRIST. Mr. President, I ask sion; The PRESIDING OFFICER. Without unanimous consent that the bill be Whereas more than 34,000 Americans lost objection, it is so ordered. read the third time and passed, the mo- their lives fighting in the Korean War, and tion to reconsider be laid upon the approximately 37,000 men and women of the The nominations considered and con- table, and that any statements relating United States Armed Forces are still de- firmed are as follows: to the measure be printed in the ployed on the Korean peninsula, enduring IN THE AIR FORCE separation from their families and other RECORD. The following named officer for appoint- The bill (S. 1895) was read the third hardships in the defense of freedom; ment in the United States Air Force to the Whereas the Mutual Defense Treaty has time and passed, as follows: grade indicated under title 10, U.S.C., section been instrumental in securing peace on the 624: S. 1895 Korean peninsula and providing an environ- Be it enacted by the Senate and House of Rep- ment in which the Republic of Korea has be- To be brigadier general resentatives of the United States of America in come an economically vibrant, free, demo- Col. Bruce E. Burda Congress assembled, cratic society; FOREIGN SERVICE SECTION 1. EXTENSION OF PROGRAM AUTHOR- Whereas the foundation of the Mutual De- Robert Goldberg ITY. fense Treaty rests not only on a common ad- (a) IN GENERAL.—Any program, authority, versary, but more importantly on a shared or provision, including any pilot program, interest in, and commitment to, peace, de- f authorized under the Small Business Act (15 mocracy, and freedom on the Korean penin- U.S.C. 631 et seq.) or the Small Business In- sula, in Asia, and throughout the world; LEGISLATIVE SESSION vestment Act of 1958 (15 U.S.C. 661 et seq.) as Whereas the United States and the Repub- of September 30, 2003, that is scheduled to ex- lic of Korea are working closely together to The PRESIDING OFFICER. The Sen- pire on or after September 30, 2003 and before find a diplomatic solution to the threat ate will now return to legislative ses- March 15, 2004, shall remain authorized posed by North Korea’s pursuit of nuclear sion.

VerDate Sep 11 2014 09:36 Jul 25, 2019 Jkt 000000 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S19NO3.REC S19NO3 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S15210 CONGRESSIONAL RECORD — SENATE November 19, 2003 ORDERS FOR TOMORROW Substantial progress has been made whatever time he may consume and Mr. FRIST. Mr. President, I ask on that conference as well. There are a that Senator FEINSTEIN then be recog- unanimous consent that when the Sen- few numbers coming in from CBO over nized for up to 1 hour. ate completes its business today, it ad- the course of tonight. Once they are The PRESIDING OFFICER. Without journ until 9:30 a.m. Thursday, Novem- back, that conference will be held. objection, it is so ordered. ber 20. I further ask that following the What our colleagues have just heard Mr. FRIST. Mr. President, I recog- prayer and the pledge, the morning is that, on the omnibus, substantial nize how well things have gone today, hour be deemed to have expired, the progress has been made. And on what and although I haven’t talked with Journal of proceedings be approved to we are addressing on the floor—en- Senator DOMENICI, I assume that will date, the time for the two leaders be ergy—real progress is being made. be fine for him. Obviously, I did not ob- reserved for their use later in the day, Also, in terms of Medicare prescription ject. I suspect we will handle the day and that the Senate then resume con- drugs, real progress is being made. Peo- just that way—going back and forth sideration of the conference report to ple are collaborating. Everybody un- making sure there is an appropriate accompany H.R. 6, the Energy Policy derstands that we will be here probably amount of time on both sides. Act of 2003. each day, every day until we finish the The PRESIDING OFFICER. Without Senate’s business. After a long day f objection, it is so ordered. today, we have made real progress. Mr. REID. Mr. President, we worked ADJOURNMENT UNTIL 9:30 A.M. for several hours this afternoon on the f TOMORROW conference on the omnibus. Significant PROGRAM Mr. FRIST. Mr. President, if there is progress was made. The DC title was Mr. FRIST. Mr. President, for the inno further business to come before the closed. The VA-HUD title was closed. formation of all Senators, tomorrow Senate, I ask unanimous consent that The Commerce-State-Justice is one the Senate will resume consideration the Senate stand in adjournment under open item. But that should be resolved of the Energy conference report. A the previous order. quickly tomorrow, which leaves Agri- number of Senators did come and par- There being no objection, the Senate, culture and Labor-HHS. ticipate in the debate today on the En- at 7:56 p.m., adjourned until Thursday, I think that is what we have left. I November 20, 2003, at 9:30 a.m. think progress was made. Another cou- ergy conference report, and the Senate ple of hours tomorrow and we should be will continue that debate into tomor- f able to finish that. That would bring row’s session. that very important bill to the floor. I remind my colleagues that a clo- NOMINATIONS At this stage, it appears that Senators ture motion was filed on the conference Executive nomination received by STEVENS and BYRD have done an out- report during today’s session, and that the Senate November 19, 2003: cloture vote will occur Friday morn- standing job, having just dealt with DEPARTMENT OF THE TREASURY ing. those appropriations bills and not ex- J. RUSSELL GEORGE, OF VIRGINIA, TO BE INSPECTOR traneous materials, as some talked Mr. REID. Mr. President, today we GENERAL FOR TAX ADMINISTRATION, DEPARTMENT OF about doing. had a very orderly debate in the Sen- THE TREASURY, VICE DAVID C. WILLIAMS. ate. We alternated back and forth, un- I think this is something that, in a f relatively short period of time, if less there wasn’t someone on the other things continue like this in conference, side, Democrat or Republican. Senator CONFIRMATIONS should not take a lot of floor time. FEINSTEIN is one who waited around all Mr. FRIST. Mr. President, just to day to speak. Because of her being part Executive nominations confirmed by add to the comments of the distin- of the conference, she was not able to the Senate November 19, 2003: guished assistant minority leader, the speak. I wonder if, following Senator IN THE AIR FORCE Medicare conference, I believe, will be DOMENICI, who wishes to speak at 9:30, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- held tomorrow, and most probably to- we can have Senator FEINSTEIN recog- CATED UNDER TITLE 10, U.S.C., SECTION 624: morrow morning, although I am not nized. I alert people that she wishes to To be brigadier general sure if a final announcement or deter- speak for up to an hour. I ask unanimous consent that Sen- COL. BRUCE E. BURDA mination of the time has been made. It FOREIGN SERVICE NOMINATION OF ROBERT GOLD- will be made a little later tonight. ator DOMENICI be recognized at 9:30 for BERG.

VerDate jul 14 2003 04:26 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00106 Fmt 0624 Sfmt 9801 E:\CR\FM\G19NO6.155 S19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2315 EXTENSIONS OF REMARKS

TRIBUTE TO HELEN PACE The mission of the Oberlin Fire Department The Middle Park Land Trust has had its is ‘‘To proudly protect lives and property by most successful and productive year. I ap- HON. SCOTT McINNIS providing prompt, skillful, cost-effective protec- plaud their innovative conservation efforts and OF COLORADO tion and life safety services.’’ It is routinely encourage more partnerships like this, not recognized for successfully meeting this mis- only in Colorado’s pristine mountain counties, IN THE HOUSE OF REPRESENTATIVES sion with the prestigious yearly Life Safety but throughout the country as we seek to pre- Tuesday, November 18, 2003 Achievement Award. It serves the 10,000 peo- serve our Nation’s beautiful lands for now and Mr. MCINNIS. Mr. Speaker, I rise today to ple of Oberlin and New Russia Township in for generations to come. Present and future pay tribute to a hardworking woman from my northeast Ohio with emergency responses, generations will be thankful for the foresight in district. Helen Pace has recently retired from college fire safety courses, school and com- preserving some of the landscapes such as Berthod Motors in Glenwood Springs, Colo- munity educational services, and fire preven- these in Grand County that inspire, enhance rado after 38 years of service. I join with my tion efforts. wildlife and recreational opportunities. colleagues here today in recognizing Helen’s For a century and a half, ordinary men and I have attached a copy of a local newspaper dedication and continuous service before this women have conducted themselves with ex- story about this important effort. body of Congress. traordinary bravery as they skillfully guarded [From the Winter Park Manifest Oct. 29, Helen first started working for Berthod Mo- the safety of their fellow citizens in Oberlin. I 2003] tors back on October 15, 1965. Back then, am proud and humbled to represent these fine MEADOWS ARE OPEN FOREVER Louie and Aline Berthod were the owners of people, and join with the community in a re- (By Harry Williamson) this Glenwood Springs automotive landmark, sounding ‘‘thank you!’’ As you take your drive into the Fraser which was then located in the Tamarack Build- f Valley this week, check out the meadows on ing on the corner of 10th and Grand Avenue. the west side of Highway 40 just south of TRIBUTE TO OPEN SPACE PROTEC- Tabernash. Along with her husband Cecil, Helen has TION IN GRAND COUNTY, CO Ignoring a couple of dilapidated, ancient played a significant role in establishing the cabins way back in the trees, there’s not a Berthod Motors tradition. Cecil began employ- spec of building to be seen. It’s just horses ment with Berthod in the equipment division HON. MARK UDALL and the occasional coyote moving among the OF COLORADO back in 1957 and went to work alongside his sagebrush. wife Helen from 1965 until his own retirement IN THE HOUSE OF REPRESENTATIVES And that’s the sight you’re going to see in 1994. Helen’s career at Berthod began as Tuesday, November 18, 2003 forever—never a house, never businesses bor- a warranty clerk, eventually taking over ac- dering the highway—thanks to a deal final- Mr. UDALL of Colorado. Mr. Speaker, I rise ized by the county, the Middle Park Land counts receivable and becoming office man- today to pay tribute to the Middle Park Land Trust and the Denver Water Department. ager. Together, Cecil and Helen Pace devoted Trust and the Denver Water Department for Completing seven years of work, a con- nearly 75 years of continuous service and their efforts in creating an outstanding conservation easement has been signed that pro- commitment to the customers of Berthod Mo- servation easement for Colorado’s citizens in tects the 514 acres, part of the old Stadelman tors. In retirement, Helen plans to make good Grand County, Colorado. Ranch, from any type of development ever use of her new Buick Century, already plan- Open space in Grand County and the rest taking place. In addition, the approximately 300 acres on ning a road trip with her husband in the car of our state is coming under increasing pres- the east side of the highway is also protected that she received as a retirement gift. sure because of the rapid expansion of Colo- by deed restrictions signed by the land- Mr. Speaker, it is increasingly rare these rado’s population. In response, Grand Coun- owners that prohibits any building in those days that one person would spend close to 40 ty’s elected officials and citizens partnered to- meadows. The only land that is not removed years devoted to a job they loved. Helen Pace gether to begin a 7-year odyssey to protect from possible future building is the approxi- has committed the last 38 years of her life and preserve the open ranges, meadows and mately 160 acres at the far north end, just serving the customers of Berthod Motors, a ridges in the Fraser Valley. Through a series before Tabernash, which is owned by the city commitment that should not go unrecognized. of Arvada. of deed restrictions, conservation easements And, the approximately 45 acres of meadow I join with my colleagues here today in wishing and open space development, more than in the Hidden River Ranch subdivision, lo- Helen and her husband Cecil joy in their well- 20,000 acres of land are now under some cated just north of the meadows on the west deserved retirement. form of protection from development in Grand side of the highway is also removed from de- f County. velopment by a deed restriction. The Denver Water Department was encour- So what you see today in those meadows, IN RECOGNITION OF THE 150TH AN- aged to ‘‘donate’’ properties they owned be- is pretty much what you’re always going to NIVERSARY OF THE OBERLIN cause of the efforts of Grand County citizens get. FIRE DEPARTMENT ‘‘In all of our surveys concerning what to raise approximately $6,000 in funds to help land local residents wanted to see protected, cover some of the costs related to monitoring these meadows were always very high on the HON. MARCY KAPTUR lands in perpetuity and to provide funds to pay list,’’ said Cindy Southway, Land Trust di- OF OHIO legal fees in case the easement is questioned rector. IN THE HOUSE OF REPRESENTATIVES in court. The easement on the west side meadows The Colorado General Assembly partnered was signed between Denver Water and the Tuesday, November 18, 2003 in this historic easement by passing legislation county, which was assisted by the Land Ms. KAPTUR. Mr. Speaker, this year, the Trust in developing the agreement. that changed tax deductions to tax credits and Denver Water also owns the slightly more Oberlin, Ohio, Fire Department celebrates its increasing the value of allowable easements than 900 acres atop the ridge further west of 150th anniversary. Established in 1853, today from $100,000 to $260,000, thus encouraging the meadows, heavily-treed land that the the department boasts a staff of 30, state-of- the development of multiple land trusts across agency likely plans to sell for development. the-art equipment, safety and educational pro- the state. Commissioner James Newberry said that gramming, and professional recognition. The Road and trail easements are now being under the agreement a developer would be community has celebrated the sesquicenten- developed to connect the towns of Fraser and able to use the meadows as a portion of the nial with a parade, summertime events, a tra- Winter Park while protecting connecting routes open space required to develop the remainder of the land under the county’s Rural Land ditional firefighter competition featuring an old- and surrounding lands. Once again, citizens in Use Process, which requires at least 66 per- fashioned bucket brigade, hose race, and the county, Fraser’s local library and county cent open space. This type of land develop- water ball contest, displays and an open officials have been encouraged in their efforts ment was developed by the county in 1999 as house, and culminating in a special dinner this by the historic conservation easement crafted a way to maintain the rural character of the fall. by Grand County citizens. county.

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

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.001 E19PT1 E2316 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 County officials said that since the land can be sold. This makes it much more at- hitter against Franklin & Marshall, one of just atop the ridge is not included in an urban tractive for landowners, who retain owner- five no-hitters in school history. His career growth area, as designated by the county’s ship and use of the land. They just can’t de- 3.31 ERA is the fourth-lowest in the school’s master plan, the only way it can be devel- velop it,’’ she said. oped is through the rural land process. ‘‘The exciting thing is that it has been a record books. Southway said that if and when the land is great year for land trusts all across Colo- Carl, pitching for the Puerto Rican national sold for development, it is hoped that a new rado,’’ she added. team, beat Cuba in international competition. conservation easement could be developed Southway said that there are currently ap- Carl is of Cuban and German descent and is between the new owner and the Land Trust. proximately 20,000 acres of land now under a strong believer in freedom and democracy. ‘‘We’re in the business of holding these some form of non-development easement in When Cuban dictator Fidel Castro wanted to easement, and we could work with that de- Grand County. veloper to tighten it (the easement) up to get meet the team and have his photo taken with f them tax benefits,’’ she said. the players, Carl stayed on the bus instead. The effort to get the meadows under ease- TRIBUTE TO JANET Today, Carl is a prominent and respected ment was started approximately seven years WHITCHURCH—RECIPIENT OF dentist in South Florida. ago by the Land Trust, then called the Grand THE 2003 ST. MADELEINE SOPHIE County Land Conservancy. The idea, how- His son, Mike, is the third baseman for the ever, floundered over the years for various BARAT AWARD 2003 World Series Champion Florida Marlins reasons, including Denver Water’s hesitance and is one of baseball’s best hitters. This year to make what the Land Trust referred to as HON. ANNA G. ESHOO he hit 32 homers with 105 runs-batted-in de- a ‘‘donation’’ to cover some of the cost of OF CALIFORNIA spite missing the last month of the season ‘‘monitoring the land for perpetuity. IN THE HOUSE OF REPRESENTATIVES with a broken hand. He’s a 2002 and 2003 All Southway added that funds are also needed Star and recently won the 2003 National to be held in reserve to pay legal fees in case Tuesday, November 18, 2003 the easement is ever questioned in court. League Silver Slugger Award which is given to She said that when a landowner balks at Ms. ESHOO. Mr. Speaker, I rise today to the top offensive players at each position, as making a donation, then the Land Trust honor Janet Whitchurch, a distinguished Cali- voted on by major league baseball managers does fundraisers to obtain the funds, with ap- fornian, as she receives the 2003 St. Mad- and coaches. proximately $6,000 raised for the Denver eleine Sophie Barat Award. This award, Mike grew up in Miami where he was a high Water project. named for the foundress of the Society of the school baseball star and became the heart of Newberry said that the county, involved in Religious of the Sacred Heart, honors individ- other discussions with Denver Water, sug- the best Coral Gables High team in decades. gested a few months ago that negotiations uals who have made extraordinary contribu- He made All Dade First Team and was an All on the easement possibility be resumed. He tions to Sacred Heart Schools, Atherton, over State/All Star in 1992. a significant period of time. Founded in 1897, said that due to state legislation passed last Mike was offered a full scholarship by Flor- year counties are now able to hold non-devel- Sacred Heart Schools includes St. Joseph’s ida International University (FIU) where he ex- opment easements. School of the Sacred Heart and Sacred Heart celled and was an Academic All-American. ‘‘Once Denver Water started talking about Preparatory. it, we got this thing done in record time, Janet Whitchurch grew up in the San Fran- In 1995, he was drafted by the New York considering there was a government entity cisco Bay Area and earned a Bachelor of Arts Yankees and quickly moved up the minor on the two ends of the deal,’’ Newberry said. league system. His parents had always He added that the negotiations, once rein Studio Art and a Master of Arts in Painting started, took just under three months. from Stanford University. She began her stressed the importance of a good education, Newberry said another agreement has been teaching career at Sacred Heart Preparatory and after being drafted, with some special finalized where Denver Water has donated an in 1969 and taught Studio Art, Art History, help from his mother, Beatriz, Mike returned to easement of an existing old farm road that Freshman History and served as Department FlU. Mike had three grade-by-final-exam extends along the bottom of the ridge. He Chair. Mrs. Whitchurch left Sacred Heart Pre- courses, and Beatriz went to class and took said the county’s plan is to make the road- notes for him while he was in the instructional way part of the Fraser Valley Parkway, paratory in 1984 but soon realized that she had left her heart at the School. She con- league. He graduated Magna Cum Laude in which has been a concept for the last 20 1996 with a degree in Finance. years as an alternative route to Highway 40. verted to Catholicism and returned to Sacred Officials said, once developed, the roadbed Heart in 1995 to continue teaching and culti- In 1999, he was traded back home to play would be a 60 feet wide collector road con- vating students as Chair of the Fine Arts De- for the Florida Marlins. However, less than sisting of two lanes. partment. three weeks later, Mike’s plans were put on He said the county has already acquired Mr. Speaker, I’m proud to honor Janet hold by a startling discovery. While undergoing the necessary right-of-way for the parkway Whitchurch’s work, her values, and her com- a regular physical examination, Mike was di- from County Road 522, through two developments near Tabernash and on through, via mitment to Sacred Heart Schools and I ask agnosed with testicular cancer. The surgery the Denver Water road, to County Road 50. my colleagues to join me in honoring her as and three weeks of radiation were successful, Newberry said the county is currently she receives the 2003 St. Madeleine Sophie and today he is cancer-free. working with the town of Fraser, the library Barat Award for the extraordinary contributions On July 20, 2002, Carl had prostate cancer and the people who own the land between she has made to Sacred Heart Schools. surgery. Mike spent the whole day at the hos- County Roads 50 and 73 to identify and pur- f pital with him, then hit a game-winning home chase a road easement. Once this route, to run against the Expos that night. After the also include a trail easement, is determined HONORING CARL AND MIKE game, he said he had dedicated the home run the road would connect with the existing LOWELL parkway. Plans are for the parkway to then to his father. run through a still-to-be-determined route Mike created the Mike Lowell Foundation through the Rendezvous subdivision and on HON. LINCOLN DIAZ-BALART which hosts the Mike Lowell Foundation Char- through the town of Winter Park. OF FLORIDA ity Golf Classic. All the proceeds from the Southway said 2003 has been a very suc- IN THE HOUSE OF REPRESENTATIVES cessful year for the Middle Park Land Trust, event are donated to a wonderful charity in which was started in 1995. She said that, dur- Tuesday, November 18, 2003 South Florida which provides free medical care to low income cancer patients, ‘‘La Liga ing the year, approximately 1,400 acres have Mr. LINCOLN DIAZ-BALART of Florida. Mr. either been put under easement or that an Contra el Cancer’’ (The League Against Can- Speaker, I rise to honor two of South Florida’s agreement is being finalized. She added that cer) and local sports programs. its been her agency’s most productive year, outstanding citizens, Carl Lowell and his son, due in large measure to legislation passed Mike Lowell. A patriot like his father, on April 25, 2000, last year that gives Colorado tax credits for Carl Lowell pitched for St. Joseph’s Univer- Mike sat out the game to protest the shameful land put under a conservation easement. sity in 1968 and ’69 before leaving after his raid on the home of Elian Gonzalez, further She explained that the state before was junior year to go to dental school in Puerto earning the respect and admiration of freedom like the federal government where a tax de- Rico. He was named Most Valuable Player of loving people everywhere. duction was given. ‘‘The State of Colorado changed to a tax the 1968 team and was an honorable mention Mr. Speaker, South Florida is truly fortunate credit, and increased the maximum value of on the All-Middle-Atlantic Conference team to have these distinguished individuals living in the easement allowable for the credit from after going 6–3 with a 2.39 earned run aver- our community. They are fine examples of $100,000 to $260,000. These tax credits are dol- age while striking out 65 batters in 78 2/3 in- love, perseverance, patriotism and civic lead- lar for dollar, and they’re a commodity, they nings. On March 29, 1969, he pitched a no- ership.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.004 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2317 HONORING COMMISSIONER JIM TRIBUTE TO RON TAYLOR IN HONOR OF THE 100TH ANNIVER- CADUE FOR HIS TWENTY YEARS SARY OF THE TEAMSTERS OF SERVICE HON. SCOTT McINNIS UNION LOCAL NUMBER 20 OF COLORADO IN THE HOUSE OF REPRESENTATIVES HON. MARCY KAPTUR HON. PAUL E. KANJORSKI OF OHIO Tuesday, November 18, 2003 OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Mr. MCINNIS. Mr. Speaker, I would like to Tuesday, November 18, 2003 IN THE HOUSE OF REPRESENTATIVES take a moment to honor a victim’s advocate volunteer who selflessly serves the community Ms. KAPTUR. Mr. Speaker, teamsters Tuesday, November 18, 2003 of Grand Junction, Colorado. Ron Taylor is a Union Local Number 20 celebrates its 100- dedicated volunteer who gives of his time to year anniversary in 2003. For a century, hard- Mr. KANJORSKI. Mr. Speaker, I rise today working men and women have come together to recognize Jim Cadue for his twenty years of help those in need and I would like to join my colleagues in recognizing his contributions for the good of the many as they strove to service as a Monroe County Commissioner. bring their families a better life. He was honored on Friday, November 14, here today. Ron, a dentist by day, volunteers his nights Chartered in 1903, Local 20’s first members 2003 at the Pennsylvania Room of the Camel- were icehouse workers. Over the years, four back Ski Resort in Tannersville Pennsylvania. to aiding victims of crime. Even before an official Colorado victim’s program was estab- Teamsters Locals came together to form the My colleagues, Jim is a Monroe County leg- lished, Ron worked as a volunteer with the present-day Local 20, 7,200 members united. end. He is the first person in the county’s illus- Chaplain at the Grand Junction Police Depart- Teamsters Local 20 represents members in fif- trious history to be elected to five consecutive ment helping crime victims and employees fol- teen counties in Northwest Ohio, including not terms. Jim served as Chairman from 1984 to lowing traumatic incidents. Later, he helped only truck drivers but nursing home workers, 1991. In his elected career, Jim has compiled the Mesa County Sheriff’s office get their Vic- candy makers, and makers of fiberglass. a list of accomplishments that any elected offi- tims Advocate program off the ground. Uniquely, in a truly representational form of cial would be proud to have. He constructed a Ron is a kind and caring person who is al- operation, stewards from every shop the union new 311–bed county correctional facility and ways prepared to help whenever he’s needed. represents form the Stewards Council, which expanded the county administration offices. He can often be found sacrificing his own sets the policy for the union. As noted in the union’s history, much has He established a new salary plan and job comfort and rest to be of service to those who changed in the hundred years since Team- classification system for 700 full-time county value his generous contributions of time and sters Local 20 has been chartered: horses employees. compassion. In fact, Ron often rises at 3 am were driven rather than trucks, one of two chil- Jim also led Monroe County to develop and to render aid to those in need. dren died in childhood, women were denied implement an award winning comprehensive Mr. Speaker, Ron Taylor is a dedicated and the right to vote, there were no child labor plan and a $25 million bond referendum for compassionate person who devotes most of laws, no civil rights, no Social Security, no the purchase of land to be preserved in open his free time to assisting those in need. We workers compensation, no unemployment space. He also put through an initiative that should all be so lucky to have such an in- compensation, no federal protection for work- led to the creation of a corporate office and involved person in our community. Ron’s enthu- ing rights and unions, no workplace safety re- dustrial park totaling 600 acres. Jim also built siasm and commitment certainly deserve the quirements, no overtime pay or minimum a new county environmental learning center. recognition of this body of Congress. wage, no right to bargain collectively, and no He helped save jobs at Tobyhanna Depot and f led the effort for a more environmentally forty hour work week. The history of our nation’s social protection friendly solid waste disposal plan. Jim was TRIBUTE TO MAJOR RICHARD W. as these basic rights were guaranteed is the also the steward for twenty responsible county COOPER, JR., USAF history of the Teamsters as well, for their budgets. HON. JOHN W. OLVER struggles are intertwined with our nation’s Mr. Speaker, Jim Cadue has spent a life- awakening to social justice. Without Teamster OF MASSACHUSETTS time creating opportunity and prosperity for the families, and the millions of others in the labor people of Monroe County and at the same IN THE HOUSE OF REPRESENTATIVES movement, we would yet be in those dark time protecting our natural environment for our Tuesday, November 18, 2003 ages of the past. This 100th anniversary is a children and grandchildren. Mr. OLVER. Mr. Speaker, I rise to pay trib- good time to remind all Americans that we Jim is an active leader in national, state and ute to Richard W. Cooper, Jr., a U.S. Air would not enjoy the standard of living we local organizations. He has served as Presi- Force Major who conducted missions over enjoy now without the efforts of united labor. dent of the County Commissioners Association Southeast Asia. Major Cooper was the navi- Daniel Webster said, ‘‘Liberty and Union, now of Pennsylvania and Chairman of the National gator aboard a B–52D Stratofortress bomber and forever, one and inseparable.’’ Though he Association of Counties. Locally, he Chairs the out of Westover Air Force Base that partici- meant these words in another context, their Hospice Golf Tournament Committee. Jim is pated in Operation Linebacker II, a bombing meaning rings true for our own time. It is the also a member of the Pennsylvania Society, campaign in the waning days of U.S. involve- union men and women who built this nation, the Lehigh Consistory, American Legion Post ment in Vietnam. On December 19, 1972, who power it now, and whose prosperity must #413, the Elks Lodge, and the Pocono Lodge Major Cooper’s plane was downed and he drive it forward. #780 Free and Accepted Masons. was listed as ‘‘Missing In Action’’ for over 30 I am pleased to recognize the 100th anniversary of Teamsters Local 20, and pay spe- It is no surprise that the honor Jim is receiv- years. Major Cooper was thirty years old. Re- cently, Major Cooper’s remains were found, cial tribute to its members as we commemo- ing Friday is not his first. Jim has received the rate this milestone. Thank you for your con- County Commissioners Association of Penn- identified, and returned to the United States. His remains will be buried at 11 a.m. on De- tributions to the labor movement, to our com- sylvania’s Outstanding Member Award and the munities, our nation, and our future. Governor’s Award for Local Government Ex- cember 19th, 2003 in Arlington National Cem- f cellence from the Pennsylvania Department of etery. Community and Economic Development. Through his service and commitment, Major FILNER MOTION TO INSTRUCT THE Cooper was awarded eleven decorations that Jim also served our country in the United CONFEREES ON THE ENERGY include the Distinguished Flying Cross; the POLICY ACT OF 2003 States Army Military Police, where he attained Purple Heart; the Air Medal with two silver and the rank of Sergeant E–5. two bronze Oak Leaf Clusters; the Air Force HON. TOM UDALL Mr. Speaker, it is a privilege and honor to Outstanding Unit Award; and, the Combat OF NEW MEXICO work with a person who is so committed to Readiness Medal. IN THE HOUSE OF REPRESENTATIVES building a brighter future in Northeastern In recognition of his life, the nation owes a Pennsylvania. Jim is a leader who simply gets deep debt of gratitude to Major Cooper for his Tuesday, November 18, 2003 the job done for his constituents. I ask that my courage, heroism, and exemplary service. Our Mr. UDALL of New Mexico. Mr. Speaker, colleagues pay tribute to Monroe County Com- thoughts and prayers are with Major Cooper’s without doubt, I am sympathetic to the pur- missioner Jim Cadue as he receives this well- family in Holyoke, Massachusetts as they fi- pose behind this motion. I am a staunch sup- deserved honor. nally lay him to rest. porter of smart environmental regulations, and

VerDate jul 14 2003 03:00 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.008 E19PT1 E2318 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 I oppose the approach that the Bush Adminis- deepest sympathies to Paul’s family and These qualities helped him make a dynamic tration has taken toward stripping regulations friends during this difficult time of bereave- transition to leadership in academia. He imme- on clean air and water. However, after speak- ment. diately put all his experiences and skills to ing with people on both sides of this issue, I f work for Holyoke Community College and tens have concluded that this motion is not the of thousands of graduates have been the right approach. TRIBUTE TO DR. DAVID M. beneficiaries. In New Mexico, the Interstate Oil and Gas BARTLEY, PRESIDENT OF HOL- In recognition of an outstanding career in Compact Commission, with Governor Bill YOKE COMMUNITY COLLEGE public service, I ask my colleagues to join me Richardson as the state’s representative, is in congratulating President Bartley on his ac- currently working toward model regulations for HON. JOHN W. OLVER complishments and on his retirement. management of stormwater pollution in the OF MASSACHUSETTS f state. In the meantime, the local oil and gas IN THE HOUSE OF REPRESENTATIVES CONGRATULATING BISHOP TIMLIN, companies continue to follow general guide- Tuesday, November 18, 2003 DR. JAMES AND MRS. MARY LOU lines. I am encouraged by the work being Mr. OLVER. Mr. Speaker, I rise today to BURNE ON BEING HONORED BY done at the state level to address this issue, THE LITTLE FLOWER MANOR as I believe it is important to work with all in- recognize and honor Dr. David M. Bartley, President of Holyoke Community College, as AND THE SAINT THERESE RESI- terests to generate a collaborative solution. DENCE Although I will vote in opposition to this non- he retires after twenty-eight years of service. binding motion, I continue to be disturbed by Under President Bartley’s tenure the Col- many of the provisions in the Energy Policy lege’s enrollment, budget, and number of em- HON. PAUL E. KANJORSKI Act of 2003. Unfortunately, the way this bill ployees all doubled in size. He was the driving OF PENNSYLVANIA has been crafted echoes the practice of the force in the College’s transformation from a IN THE HOUSE OF REPRESENTATIVES Administration to put corporations before the small, local college into a regional, academic Tuesday, November 18, 2003 environment, before public opinion, and before institution with a strong focus on workforce de- Mr. KANJORSKI. Mr. Speaker, I rise today logic that tells us we need to gear our energy velopment and continuing education. to recognize Bishop Timlin, and Dr. James policy toward future needs—not toward the When he took office in 1975, President and Mrs. Mary Lou Burne as they are honored profit of industry. The exclusion of Democrats Bartley initiated a long-range plan to create a by the Little Flower Manor and St. Therese from the entire conference is reason to believe thriving and growing college. His persistence Residence this Friday, November 14, 2003 at the bill is not as balanced as its authors claim. resulted in numerous accomplishments over the Annual Crystal Rose Dinner at the Wood- I hope that my many concerns are ad- the years, beginning with the establishment of lands in Wilkes-Barre. dressed in the final conference report and I the Holyoke Community College Foundation. Bishop Timlin is appropriately being honored look forward to a vote on the final bill. The Foundation was the first of its kind in for his stewardship and tireless support of the f Massachusetts and has allowed the College to Little Flower Manor. His determination and permanently endow 50 scholarships for needy hard work made the Saint Therese Residence TRIBUTE TO PAUL WILLIAMS students. a reality. For the past twenty five years his The College has also created and expanded dedication and persistence has provided an HON. SCOTT McINNIS programs and services for traditional and non- opportunity for the aged and infirm to be treat- OF COLORADO traditional students that have received national ed with respect, dignity and compassion. IN THE HOUSE OF REPRESENTATIVES recognition. They include Cooperative Edu- Mr. Speaker, as the spiritual leader of the cation, Women in Transition, a comprehensive Diocese of Scranton, Bishop Timlin has dem- Tuesday, November 18, 2003 Learning Assistance Center, ESL support, onstrated that ‘‘together we can move moun- Mr. MCINNIS. Mr. Speaker, it is with a sol- Community Service Learning, a mentoring pro- tains’’ and inspired others to join in helping to emn heart that I take this opportunity to pay gram for engineering technology students, and make Northeastern Pennsylvania the compas- tribute to the life of Paul Williams who recently a successful, federally funded TRIO program. sionate place that it is. passed away at the age of 90. Paul was a pil- President Bartley is particularly proud of the Jim and Mary Lou are being recognized for lar of the Glenwood Springs, Colorado com- fact that Holyoke Community College has their unselfish dedication to many worthy munity, and as his family mourns their loss, I done an outstanding job of serving minority causes. They are co-founders of the Family to think it is appropriate that we remember his students and the underrepresented in our so- Family Thanksgiving Food Basket Program life and celebrate his contributions to our na- ciety. Today, 25 percent of the college’s grad- that has served over one hundred thousand tion today. uates are minorities, 70 percent are women, needy individuals since 1986. They have also Paul moved to Colorado in 1937 and in and 30 percent are men, the exact reverse played an active role with the Friends of the 1941 he married Catherine Ukele, his wife of from when he arrived in 1975. Poor, Special Olympics, Youth Association for 62 years. During World War II, Paul answered Holyoke Community College has developed Retarded Citizens, UNICO, YMCA, and Key- his country’s call to duty and served honorably a strong and positive image in western Massa- stone College. as a member of the Signal Corps in Africa and chusetts and beyond. President Bartley is in My colleagues, these individuals devote throughout Europe. Following the war, Paul re- great part responsible for this evolution. He much of their time and effort to help those turned to Glenwood Springs where he went to has brought consistent and healthy increases who are less fortunate. They are leaders in work for the City’s Municipal Electric Com- in enrollment and private sector support. He making their communities a better place to live pany. An accomplished electrician, Paul used has forged winning partnerships with industry and work. his talents for the betterment of his commu- and mentored other educational institutions Mr. Speaker, it is sincerely a privilege and nity. He was among five men who built and seeking to emulate his college’s success. honor to represent these community leaders erected a lighted cross on red mountain, and In assessing and accrediting Holyoke Com- who devote themselves to helping others and he delighted in maintaining the lights of the munity College, the New England Association building a brighter future for Scranton and Glenwood Springs High School football field. of Schools and Colleges once remarked that Northeastern Pennsylvania. I ask that my col- Paul will be remembered as a valued mem- they found the College to be ‘‘dynamic, resil- leagues pay tribute to Bishop Timlin and Dr. ber of the Glenwood Springs community. He ient and forward thinking’’. Indeed, the exact James and Mrs. Mary Lou Burne as they re- was a 35-year member of the Glenwood same thing can be said for President Bartley ceive this well-deserved honor. Springs Volunteer Fire Department, the Amer- and his years of leadership. f ican Legion, the Eastern Star and the Masonic I would also like to commend President IN HONOR OF JUDGE JOSEPH Lodge. There is no question that Glenwood Bartley on his distinguished career in govern- FLORES Springs is a better place as the result of ment. Prior to arriving at Holyoke Community Paul’s tireless service. College, he served for twelve years in the Mr. Speaker, Paul Williams’ dedication and Massachusetts House of Representatives. For HON. MARCY KAPTUR OF OHIO selflessness certainly deserve the recognition eight of those years, he held the elected posi- IN THE HOUSE OF REPRESENTATIVES of this body of Congress. It is my privilege to tion of Speaker of the House. He was held in pay tribute to him for his contributions to the high esteem for his accessibility, his deep Tuesday, November 18, 2003 community of Glenwood Springs and our na- grasp of issues of public concern, and his Ms. KAPTUR. Mr. Speaker, I rise today to tion. I would like to extend my thoughts and sense of fair play. pay tribute to a truly remarkable man, The

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.012 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2319 Honorable Joseph Flores of Toledo, Ohio. Re- H.R. 1829—FEDERAL PRISON INDUS- with very little demonstrated benefit, while cently retired from the Lucas County Juvenile TRIES COMPETITION IN CON- clearly costing our nation’s small businesses Court, Judge Flores has graciously served our TRACTING ACT OF 2003 jobs and opportunities. community for several decades. For many As the main driver of our economy, small who came to this area, Joe Flores was the HON. TOM UDALL businesses deserve a level playing field. In to- first person who greeted them and welcomed OF NEW MEXICO day’s competitive market—we cannot overlook an industry that continues to expand while at them to our community. Whether it was as at- IN THE HOUSE OF REPRESENTATIVES torney, mentor, or friend, he was dedicated to the same time causing our nation’s small busi- Tuesday, November 18, 2003 helping others recognize their potential. nesses to lose valuable opportunities. Mr. UDALL of New Mexico. Mr. Speaker, I It is for these reasons that I support pas- A proud Mexican American, Joe was born rise today in support of H.R. 1829, the Federal sage of H.R. 1829, and urge my colleagues to August 2, 1934 to Carmen Ventura and Jose Prison Industries Competition in Contracting do the same. Suarez Flores in Toledo. He graduated from Act of 2003. As a Ranking Member of one of the University of Notre Dame in 1956 with a the Small Business Committee’s Subcommit- f degree in Political Science. He entered into tees, I take very seriously the importance of the United States Navy’s Officers Candidate small businesses in our economy, as well as TRIBUTE TO REVEREND FRANCIS School and completed 52 months of active the impact of our policies in small businesses. G.S. EVERETT, JR. duty, ending in 1961, having attained the rank As we have said time and time again, small of Lieutenant Commander. businesses are the driving force in our eco- HON. JAMES E. CLYBURN nomic recovery. They are the lifeblood of the While still in the Navy, Joe Flores met his American economy, creating three out of four OF SOUTH CAROLINA wife, Mary Jane, a naval nurse, and the two new jobs, and representing 99 percent of all IN THE HOUSE OF REPRESENTATIVES were married in 1964. They are the parents of employers. This is why we must ensure that Tuesday, November 18, 2003 two children, Andre Jose and Maria Carmen. small businesses receive the tools that they Returning from the Navy, Joe decided to at- need to compete in today’s competitive mar- Mr. CLYBURN. Mr. Speaker, I rise today to tend law school. He graduated from Ohio ketplace and we must make the playing field pay tribute to a man who has served as a Northern University in 1964 and practiced law as level as possible. mentor in South Carolina’s public schools and in Findlay, Ohio for one year. Today, we look at a form of unfair competi- as a member and pastor of Mount Pisgah Moving to Toledo in 1966, Joe practiced law tion for small businesses coming from the fed- Baptist Church in Orangeburg, South Carolina, eral prison industry. The idea behind FPI is to with attorneys Charles Doneghy and Robert for more than 30 years. use work as a means of rehabilitation and to Penn. Interestingly, all three became judges. Reverend Francis G.S. Everett, Jr., spent 23 teach inmates a skill, which can be used to years at Elloree High School as a teacher and He decided to run for elected office because put them back on the right track. I strongly he enjoyed interacting with people when principal and later worked in Orangeburg support this goal. I’m sure all of my colleagues School District Five. His efforts at community Judge Doneghy would ask him to help at var- support this goal, as well. Unfortunately it is improvement were widely recognized and re- ious events. Joe Flores was elected Judge of not that simple. I believe that this commend- main commendable to this day. the Lucas County Juvenile Court in 1981. ‘‘At able idea of giving individuals a means for a The parishioners of Mount Pisgah Baptist that time, few Latinos were part of the legal second chance has turned into an industry Church have strongly supported Reverend who’s sole focus is not rehabilitation, but turn- community. Becoming known as the Judge Everett as he has lifted up its many ministries ing a profit. who could speak Spanish, he ended up being and represented the church well in the Mount asked to do a variety of translations. Judge As of fiscal year 2002, FPI brought in Pisgah Union, the Orthodox Baptist Associa- Flores is thought to be the first elected Latino $678.7 million in revenue and this would have tion, the Cooperative Baptist Convention of Judge in Ohio. Carlos Cordova was an acting placed them at 34 out of the top 100 federal South Carolina, and the Orangeburg Ministe- judge at the time, but was not elected to the contractors for the year. FPI increased their rial Alliance. He has also served as a co-chap- post. Since then, Ohio has had two other revenue from FY 2001 by more than $95 mil- lain at South Carolina State University, and as lion. This level of involvement might seem jus- Latino Judges, Jose´ Villanueva (Cuyahoga a member of the Orangeburg Calhoun Re- tified. Yet, as FPI becomes a ‘‘Mega’’ con- County Common Pleas) and Gustalo Nunez gional Medical Center Chaplain Corp. tractor, it benefits only 15 percent of all federal (Lorain Municipal Court.) inmates. Something is not right with this pic- An activist for educational advancement, Recognizing his contributions to the legal ture. Reverend Everett has served with the Orange- burg-Calhoun Technical College Foundation profession and the Hispanic community, the Over past years, FPI has been able to grow and South Carolina Board of Directors of the Latino Peace Officers Association created the through the use of preferential contracting State Chamber of Commerce. He is a member treatment, exemption from such labor laws as Judge Joseph Flores Award in May 2003. The of the Orangeburg Calhoun Retired Education OSHA, minimum wage rates and an endless award will be given annually to a Latino Peace Association, the South Carolina Education As- line of credit from the U.S. Treasury Depart- Officer who exhibits exemplary service to the sociation, the National Education Association, ment. This industry is government owned and community. The group decided to name the and as a trustee of Morris College in Sumter, operated, and has used these competitive ad- award after Flores due to his instrumental role South Carolina. vantages to expand its market share, yet they in integrating the Toledo Police Department are competing against private sector compa- Reverend Everett earned his A.B. and M.S. with more Latino Peace Officers. nies. degrees from South Carolina State University I am pleased to pay special tribute to my Adding on to these advantages is that FPI and was awarded the Honorary Doctor of Di- friend Judge Flores for his pioneering efforts are not held to basic standards of product vinity Degree from Union Baptist Seminary of on behalf of Latinos in Northwest Ohio. Under- quality or requirements to meet deadlines. Birmingham, Alabama. standing the importance of a representative This is especially concerning because many of Reverend Everett is married to Mrs. Althea voice in the local community, he was the first the products that come from FPI are used by Hilton Everett of Alcolu, South Carolina. The Latino on many boards as he stresses the im- the troops in our military, and agencies like couple has two children, Ralph and Gwen- portance of community involvement for His- FAA that ensure safe transportation. These dolyn. panics/Latinos. are areas that cannot afford to be taken light- Mr. Speaker, I invite you to join me in pay- ly. We have an obligation to ensure that the ing tribute to this role model to educational Judge Joseph Flores forged his career with public is safeguarded. and spiritual leaders in our nation. Reverend courage and determination, despite facing I do believe that we can have the principle Everett has developed a life of unwavering many obstacles along the way. He blazed the of using the federal marketplace as a tool in commitment to his students, his parishioners trail where none existed, and his legacy con- the rehabilitation process of inmates, but it and his family and friends. He serves as an in- tinues to inspire new generations of Latino must be balanced and it must be fair. The cur- spiration to so many, and I am proud to honor leaders. Onward! rent practice is weighted too far in favor of FPI him today.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.015 E19PT1 E2320 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 END OF R.J. REYNOLDS’ SPONSOR- away recently at the age of 64. Jim was a pil- neighboring communities. With this Super IGA, SHIP OF THE WINSTON CUP SE- lar of the Steamboat Springs, Colorado com- communities within the entire county have RIES munity. As his family mourns their loss, I think come together to address common concerns it is appropriate that we remember Jim’s life and issues and have established a roadmap HON. RICHARD BURR and celebrate his contributions to our nation for the benefit of all residents of the county. OF NORTH CAROLINA today. Over the past few years, county and city of- IN THE HOUSE OF REPRESENTATIVES Jim’s childhood was spent on his family’s ficials labored to come to terms on an accord ranch in the Middle Elk River Valley. After that outlines growth boundaries for develop- Tuesday, November 18, 2003 graduating from Steamboat Springs High ment, provides land use regulations that pre- Mr. BURR. Mr. Speaker, I rise today to note School, Jim attended Colorado State Univer- vent growth into hazardous areas like flood the end of an era in motorsports. Sunday’s sity where he joined the ROTC program. Upon plains, and designates buffer zones between race at Homestead, Miami marked the last graduation from college, Jim was commis- communities. An IGA of this magnitude, NASCAR race that will be run under R.J. Rey- sioned as a second lieutenant in the United across nearly 800 square miles, consisting of nolds Tobacco Company’s sponsorship and States Air Force and entered pilot training in a dozen different municipalities, and encom- the Winston banner. 1962. He was stationed at Laughlin Air force passing over 300,000 people, is a remarkable Winston Cup and NASCAR have been syn- Base in Del Rio, Texas, where he trained to achievement. onymous for 33 years. Under R.J. Reynolds be an expert pilot of the B-52 bomber. This Super IGA is based on more than 10 sponsorship, stock car racing has grown from In 1964, Jim married Margaret Eskeldson, underlying plans that inherently permit flexi- a regional sport with little national exposure to who would be his wife of forty years. He an- bility through an open amendment process. It one with a loyal and global following of mil- swered his country’s call to duty and went on is that basic flexibility that will likely drive this lions of fans. More than six million fans at- to serve during the Vietnam conflict as the 20 year agreement, allowing the various gov- tended 39 Winston Cup events this year in 19 pilot of a bomber crew that logged 120 combat erning bodies to strive for their individual suc- states; millions more followed the races, prac- missions. In a time of war, Jim’s courage, con- cess, yet within the framework of a larger con- tices, and qualifying sessions on television, viction and patriotism shone through, proving sensual accord. radio, and the Internet. him to be a true hero. By war’s end, Jim’s This innovative and forward-looking ap- One of the best places to look for examples service had earned him the rank of Major, as proach to planning and growth management is of the astronomical growth in the sport over well as numerous decorations. indeed exciting. Clearly, as this is a new ap- the years is in driving winnings: in 1971, Rich- Upon returning to Steamboat Springs, Jim proach, we all are watching this carefully and ard Petty won 21 races and took home rough- continued his service to our nation through hope that it is successful. But its very creation ly $300,000. The last Winston Cup Champion, volunteer work. He was an active member of shows that communities can come together Matt Kenseth, won one race this year—and the American Legion and the Veterans of For- and work toward common goals. Boulder will take home more than $8 million. Those eign Wars. With the Veterans of Foreign County and these communities have em- numbers tell only part of the tale, however. Wars, Jim served as a Commandant for two barked on an approach which I hope will con- Since its initial involvement with NASCAR, terms and was instrumental in spearheading a tinue to foster positive intergovernmental rela- Winston has contributed more than $100 mil- program to create a scholarship for veterans’ tionships, and strengthen the sense of our col- lion in point fund money, with $32 million ear- dependents. lective community. It’s an example of the marked for the Cup Champions. And perhaps Mr. Speaker, Jim Dorr’s dedication and self- things that local communities can do to make no one can measure the contribution the com- lessness certainly deserve the recognition of sure that growth and development company’s sponsorship has made to the families this body of Congress and this nation. It is my plement the needs and desires of citizens and and communities associated with the sport privilege to pay tribute to him for his many local communities. and its tremendous growth. contributions to the community of Steamboat Mr. Speaker, I ask my colleagues to join me Names like Petty, Jarrett, Waltrip, Springs and our nation. I would like to extend in honoring the creators of this Boulder County Yarborough, Allison, and Earnhardt. Towns my thoughts and deepest sympathies to Jim’s Super IGA, and in wishing them continued like Bristol, Darlington, Rockingham, and family and friends during this difficult time of success. For our colleagues’ information, I am Talladega. Some carried the sport until Win- bereavement. attaching an article from the Colorado Daily ston came along; others owned it while Win- f newspaper. ston was there; and still others will carry the [From the Colorado Daily, Oct. 16, 2003] ACKNOWLEDGING AN INNOVATIVE Winston tradition into the future. The sport ‘‘SUPER IGA NOW RULES LOCAL LAND USE IN under the Winston banner had its heroes, and BOULDER COUNTY COOPERATIVE BOULDER its heartaches. Some occupy both categories. PLANNING AGREEMENT (By Richard Valenty) Fans everywhere will carry their memories of Mayors from Boulder County municipali- the Winston Cup with them for years to come. HON. MARK UDALL ties joined Boulder County Commissioners in On behalf of NASCAR fans everywhere, Mr. OF COLORADO signing the Boulder County Countywide Co- Speaker, I would like to extend my thanks to IN THE HOUSE OF REPRESENTATIVES ordinated Comprehensive Development Plan Intergovernmental Agreement Thursday at the men and women of R.J. Reynolds for ev- Tuesday, November 18, 2003 erything they have done for the sport over the A Spice of Life Event Center in Boulder. Fortunately, the document has a short last three decades. It truly was a family affair, Mr. UDALL of Colorado. Mr. Speaker, I rise today to acknowledge an innovative and sig- name, the ‘‘Super IGA.’’ The Super IGA par- and the drivers, the teams, and the fans will tially coordinates at least ten smaller Inter- miss their love for and commitment to the nificant agreement between the various com- governmental Agreements (IGA), called Un- sport. munities in Boulder County, Colorado. Work- derlying Plans. Time, however, marches on. NASCAR ex- ing together in a spirit of cooperation, the nine IGA’s, in general, often involve land use isted before Winston’s sponsorship, and it will municipal communities in the county came to- regulations to prevent situations like devel- continue next year with a new Cup Series gether with Boulder County to produce this opment in naturally hazardous areas like agreement which will help promote wise plan- flood plains, or to manage growth by cre- sponsor. In the eyes of this Member, though, ating buffers of open space between commu- and countless fans across the country, it will ning and smart growth management and thereby preserve the quality of life in the coun- nities. For example, the Boulder Valley always be the Winston Cup. Comprehensive Plan is a joint land use plan f ty and these communities. between the city and county of Boulder, thus Called the Boulder County Countywide Co- is an IGA between the two entities. TRIBUTE TO JAMES DORR ordinated Comprehensive Development Plan ‘‘These IGA’s are sort of a shared vision by Intergovernmental Agreement (or the Super the county and by various cities and towns HON. SCOTT McINNIS IGA), this plan was signed on October 16, about where growth will happen, and what parts of the county we want to see remain OF COLORADO 2003 by Boulder County and the communities rural in the future,’’ said Ron Stewart, Boul- IN THE HOUSE OF REPRESENTATIVES of Boulder, Erie, Jamestown, Lafayette, Longmont, Louisville, Lyons, Nederland and der County Commissioner. Tuesday, November 18, 2003 Representatives of the city of Boulder, Superior. Boulder County, Lafayette, Longmont, Lou- Mr. MCINNIS. Mr. Speaker, it is with a sol- In Colorado, as in many States, intergovern- isville, Erie, Jamestown, Lyons, Nederland emn heart that I take this opportunity to pay mental agreements are typically created to ad- and Superior signed the Super IGA. The town tribute to the life of James Dorr who passed dress common management issues between of Ward is not participating, since federal

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.018 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2321 lands and county open space surround it and IN HONOR OF MOTHER TERESA OF poor—not just the poor, but the poorest of the therefore urban sprawl is not a concern. CALCUTTA poor: those who are so dirty and full of germs According to Stewart, the Super IGA that no one goes near them; those who do not agreement is the culmination of years of go to pray because they are naked; those who hard work. HON. MARCY KAPTUR ‘‘I’ve been working on this for about the OF OHIO do not eat because they do not have the last three years,’’ said Stewart. ‘‘Also, the IN THE HOUSE OF REPRESENTATIVES strength; those who collapse on the sidewalks city managers and administrators through- Tuesday, November 18, 2003 knowing they are about to die while the living out the county have been very helpful in put- walk by without even looking back; those who ting this together. Every city council in the Ms. KAPTUR. Mr. Speaker, on October 19, do not cry because they have no more tears county ultimately voted in favor of this. Our 2003, Roman Catholics, humanitarians, and left.’’ county attorney told me that by the time we social justice advocates the world over cele- In one’s own lifetime, rarely does a person got it done, it was on its 30th draft.’’ brated the beatification of Mother Teresa of observe a living saint. Mother Teresa will re- The City of Lafayette was the last county Calcutta by Pope John Paul II in Rome. Beati- main for all time such a living legend. May her municipality to agree to be part of the Super fication is one of the steps toward sainthood in IGA. According to Stewart, it was difficult selflessness inspire a world beleaguered by to create a draft that would satisfy every- the Roman Catholic Church. war, affluence, and ancient hatreds. It is impossible to encapsulate the life and body. f ‘‘Lafayette simply had more concern about work of Mother Teresa into one entry. Many the agreement than other cities, and it took know the basics of her story: born in Albania CONFERENCE REPORT ON H.R. 1588, us longer than others to work those issues in 1910, she turned from a comfortable exist- NATIONAL DEFENSE AUTHORIZA- out,’’ said Stewart. ‘‘After the drought last ence when she decided to become a Catholic TION ACT FOR FISCAL YEAR 2004 year, they wanted assurance that they could nun in 1928. Assigned to a convent school in build new reservoirs for water storage.’’ Calcutta, she taught geography and history. SPEECH OF Not all of Boulder County was covered by Feeling the need to serve God and her fellow an IGA before Thursday, but the Super IGA HON. RICHARD BURR contains a clause to ‘‘cover additional unin- human beings in another way, Mother Teresa OF NORTH CAROLINA corporated areas not covered by any Under- founded a religious order, the Missionaries of IN THE HOUSE OF REPRESENTATIVES lying Plan.’’ Charity, in, 1948. The order was based on Friday, November 7, 2003 ‘‘The Super IGA covers additional terri- reaching out to the poor, the suffering, and the tory in the county that would have been out- dying wherever they were: streets and alleys, Mr. BURR. Mr. Speaker, with the passage side the area of those agreements,’’ said shacks and hovels. From that first mission of the conference report on H.R. 1588 today, Stewart. there are now more than 400. The work has we have taken a great step forward in the de- The Super IGA document is also designed expanded to hospices for AIDS patients so fense of our homeland and the support of our to limit annexation plans of one entity from military forces. Not only are we equipping our encroaching on another entity’s Influence that these sufferers, along with the least Areas, according to the document. among us, enjoy comfort and some measure military with the tools and resources they need ‘‘The Super IGA says that everyone will re- of peace in their final days. Though 5,000 sis- to carry out their missions today, we are also spect each other’s planning area, and that ters are now members of the order, thousands providing for the research and development one town isn’t going to be providing utility more volunteer for periods of their lives in the necessary to meet future threats. services in somebody else’s planning area,’’ Missionaries of Charity. So many of these are I am particularly pleased to see that the said Stewart. ‘‘It’s the kind of commitment inspired by the diminutive foundress herself. House and Senate have seen fit to include a to planning and to a shared vision that al- ‘‘My vocation is love’’ she said. ‘‘There is joy long-awaited agreement regarding concurrent lows us to keep the quality of life that we in transcending self to serve others.’’ receipt for our disabled veterans. While I re- have in Boulder County.’’ Stewart added that Boulder residents Celebrated throughout the world for her gret that we could not provide the full benefits should not fear situations like the city of works, honored with many awards including for all of our disabled military veterans, I am Jamestown trying to influence the Boulder 1979’s Nobel Peace prize, Mother Teresa is encouraged that we are providing full receipt Valley Comprehensive Plan, since Under- already considered a saint by many of those of both retirement and disability pay to more lying Plans would only be amended by mem- whose lives she touched. No one who met veterans than have ever been previously al- bers of the underlying IGA. her, who shook her strong hands, who looked lowed by law. This Congress has achieved ‘‘No group or committee is created out of at the deeply wrinkled face, who spoke to the something that hasn’t been seen in any pre- the formation of the Super IGA,’’ said Stew- dark eyes which penetrated into one’s soul, vious Congress. I am hopeful that in the com- art. ‘‘If anyone wants to change a land use designation, the various underlying IGAs who listened to the deep and powerful voice, ing years we can expand this important benefit would have to be amended. In our Com- came away from the encounter the same per- for our veterans. prehensive Plan, the city and county of son. Even people who saw her only casually Additionally, Mr. Speaker, I am encouraged Boulder could change it without the ap- were moved by her graceful strength and quiet to see that the benefits of TRICARE have proval of the rest of the Super IGA.’’ dignity. I am reminded of a leader in our own been extended to our National Guardsmen Also, the Super IGA states that additional country recalling a story of a time on an air- and Reservists and their families. All too often, issues such as sales tax revenue sharing, af- plane when people saw her and took out their many of these families are unable to meet fordable housing and library services could checkbooks. She never said a word, simply their premium payments for private insurance eventually become parts of regional agree- when a family member is called away to serve ments. her presence called them to help. In more dra- ‘‘There isn’t any serious talk of revenue matic ways, meetings with Mother Teresa his or her country. With this provision, we will sharing right now,’’ said Stewart. ‘‘That changed the course of people’s lives. Still, she be providing the health care that our soldiers’ paragraph is meant to state that there is ad- eschewed such trappings of notoriety, gaining families need. ditional work that could be done in terms of her greatest sustenance from her love of God I am pleased to see that reform of the pro- regionalism.’’ and her work to alleviate the suffering in the curement and acquisitions process to the ben- James Burrus, Boulder County media in- world. More than anyone else in our time, efit of small businesses is also included in the formation officer, called the signing of the Mother Teresa lived Christ’s admonition conference report. It is certainly my desire to Super IGA ‘‘truly historic.’’ Burrus indicated ‘‘Whatsoever you do to the least among you, see our military receive only the best equip- that this is the only agreement of its kind in Colorado, and Stewart believes it has some that you do also to me.’’ She ignored the ment and services, but not without allowing national significance as well. accouterments of affluence by admonishing, our nation’s small businesses the chance to ‘‘There are places in America where they ‘‘God does not ask me to be successful, he compete and to offer quality services or inno- do this kind of planning, setting urban only asks me to be faithful.’’ vative products. growth boundaries, but these are places She wrestled within herself and struggled Mr. Speaker, our safety and freedom ulti- where the law requires it to happen,’’ said through daily hardships, yet she somehow mately relies on our troops. I am glad that this Stewart. ‘‘The historic thing here is that no- transcended the difficulties and was cherished legislation provides a strong across the board body required anybody to do this. It was as a living embodiment of God’s love for every pay raise and other important provisions for done voluntarily. ‘‘This is really a statement that even in a human being. I close this recognition of Moth- our men and women in uniform and their fami- state like Colorado, where land use laws er Teresa’s beautification with her own sum- lies. I am deeply grateful for the sacrifices our don’t encourage a lot of cooperation, we were mation of her life’s work: ‘‘My community is troops make every day in the name of free- all able to get on the same page on a vol- the poor. Their security is my own. Their heart dom, and am pleased the House was able to untary basis,’’ said Stewart. is my own. My house is the house of the pass it today.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.020 E19PT1 E2322 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 Unfortunately, I was unable to be present with eight children to raise and a ninth child on Rollcall Votes Number 620, 621, 622, 623, for the vote on this conference report due to the way. With undaunted courage, Mrs. 624 due to official business off the Hill. Had a visit to my district by President Bush. Had I George resolved to hold on to their home and this Member been present, this Member would been present, I would have voted ‘‘yea’’ on farm, and continue pursuing their shared have voted ‘‘aye’’ on these rollcall votes on agreeing to the conference report. dreams. Mrs. George demonstrated her busi- three suspensions and one procedural vote. f ness acumen and success as a farmer by The three suspensions were S. J. Res. 22, a converting the horse and plow operations she resolution recognizing the Agricultural Re- TRIBUTE TO BRIGETTE BALET inherited to a completely mechanized farm. In search Service of the Department of Agri- 1983, she was named by the Smithsonian Mu- culture for 50 years of outstanding service to HON. SCOTT McINNIS seum as head of one of the eight outstanding the Nation through agricultural research; S. J. OF COLORADO farm families in America. Res. 18, a resolution commending the Inspec- IN THE HOUSE OF REPRESENTATIVES Mrs. George’s greatest legacy and contributors General for their efforts to prevent and Tuesday, November 18, 2003 tion to society are the self discipline and burn- detect waste, fraud, abuse, and mismanage- ing desire for education that she instilled in ment, and to promote economy, efficiency, Mr. MCINNIS. Mr. Speaker, it is my honor to and effectiveness in the Federal Government rise and pay tribute to a remarkable young each of her children. All nine of whom went to college and received graduate degrees. Their during the past 25 years; and H. Con. Res. woman from my district. Brigette Balet from 299, a resolution honoring Mr. Sargent Shriver Montrose, Colorado sacrificed her summer achievements against remarkable odds attest to the determination and sacrifices of Mrs. for his dedication and service to the United break to assist friends in need. For her serv- States of America, for his service in the United ice, Brigette recently received the Key Citizens George. Her oldest son, James, now deceased, attended Morris College, owned sev- States Navy, and for his lifetime of work as an Award from the City of Montrose and I am ambassador for the poor and powerless citi- proud to join the citizens of Montrose in recog- eral businesses, and served as director of Training and Rehabilitation for the City of zens of the United States of America. The nizing Brigette’s contributions before this body fourth vote was a procedural motion changing of Congress here today. Sumter; Rosella G. Toney, now retired, was an Assistant Principal at Bishopville High the hour of meeting for Tuesday, November Last summer, Susan and Paul Beaston lost 18, 2003. their home to fire. Without being asked, School; Mary G. Hopkins, served as a college Brigette donned a mask and set to work help- librarian at Virginia State University and retired f ing the Beastons clean up the mess. Through- as head librarian for Franklin County Middle CONFERENCE REPORT ON H.R. 1588, out the summer, and into the fall, Brigette School in Rocky Mount, VA; Dr. Ruth G. Ken- NATIONAL DEFENSE AUTHORIZA- worked tirelessly to clean the home and nedy retired from North Carolina Central Uni- TION ACT FOR FISCAL YEAR 2004 itemize the damage. versity as an Associate Professor of English Brigette’s service to the Beastons illustrates and served for a year as Executive Assistant SPEECH OF her selfless and altruistic nature. It is truly a to the Interim Chancellor; Ivorie Lowe retired as Dean of Girls at Bloom Township High HON. TOM UDALL tremendous young woman who is willing to OF NEW MEXICO School in Chicago, IL; Arthur L. George, for- forego a summer vacation to work in a soot IN THE HOUSE OF REPRESENTATIVES merly an educator with both local schools and and smoke filled home. Friday, November 7, 2003 Mr. Speaker, I am proud to rise and pay the University of South Carolina at tribute to Brigette Balet. She is an amazing Spartanburg, retired as a sales manager with Mr. UDALL of New Mexico. Mr. Speaker, young woman with a bright future and a fine Prudential Insurance Company and presently today, with our soldiers in harm’s way around example to young people everywhere. I would serves as Senior Chaplain for the Fairfax the globe, and as seemingly constant reports like to join the Beastons and the Montrose County Adult Detention Center in Virginia; come on the television of brave men and community in congratulating Brigette on a Kershaw George, a former University of South women either killed or wounded, I rise in sup- well-deserved award. Carolina Administrator in Admissions, has be- port of the FY04 National Defense Authoriza- tion Act conference report. This important leg- f come an entrepreneur; Dr. Eugene George, formerly an Assistant Professor of Education islation provides much-needed pay increases TRIBUTE TO MRS. LELER at the University of South Carolina and Asso- for our troops, as well as authorizes funding VIRGINIA SCARBOROUGH GEORGE ciate Superintendent of Richland School Dis- for important construction projects at New trict #1, is presently a school principal in Co- Mexico’s military bases. This is, however, far HON. JAMES E. CLYBURN lumbia; Doris Baskette, a former school prin- from perfect legislation and I have very seri- OF SOUTH CAROLINA cipal, is now a principal leader and mentor ous concerns about several provisions in- IN THE HOUSE OF REPRESENTATIVES with the South Carolina Department of Edu- cluded in this year’s bill. This legislation has traditionally been free of highly controversial Tuesday, November 18, 2003 cation. A dedicated and lifelong member of St. issues, which, unfortunately, have found their Mr. CLYBURN. Mr. Speaker, I rise today to Mark Baptist Church, Mrs. George received way into this year’s authorization. pay tribute to one of my constituents, Mrs. St. Mark’s ‘‘Mother of the Church’’ honor this I would first like to touch on the exemptions Leler Virginia Scarborough George, who cele- year. An active member, she has served as to the Endangered Species Act (ESA) and brated her 100th Birthday on November 16, president of the Missionary Society and Floral Marine Mammal Protection Act (MMPA) that 2003. Mrs. George, whose life has reflected Club, Treasurer of the Sunday School, and were included in this legislation. I was a con- not only her exemplary character, courage and member of the Usher Board. She maintains feree on this section of the bill and believe commitment to family, but also a dedication to her political activism through her membership that the exemptions included in the conference the education of her children, her faith and an with the National Council of Negro Women. report do not strike an adequate balance be- untiring work ethic. Mr. Speaker, Mrs. George’s 100th birthday tween maintaining a level of high military read- Mrs. George was born on November 16, marks a life of stellar achievements, and she iness, which I strongly support, and protecting 1903, to Samuel and Lydia Scarborough of is still going strong. There is no question that at-risk species. Lee County in Bishopville, S.C. Later, Mrs. Mrs. Leler Virginia Scarborough George is a The DOD argues that the existing national George married Jimmy George from Wysacky, role model for all of us, and ask you and my security exemptions in our environmental laws SC. They purchased their first home on 75 colleagues to join me in wishing her God- are not good enough for the military, even acres of land, which Mrs. George still owns speed. though the GAO found that claim was without today. Mr. and Mrs. George placed great im- basis. The DOD Authorization Conference Re- f portance on educating their children and found port creates a far weaker and unwarranted the resources to send them to Mayesville Insti- MISSED ROLLCALL VOTES regulatory process for the Navy. Therefore, tute, a private, boarding school attended by Mr. Speaker, we should have rejected the ex- the incomparable civil and human rights pio- HON. DOUG BEREUTER emptions to the ESA and MMPA. As Mr. neer Mary McLeod Bethune. Despite grave OF NEBRASKA Rumsfeld acknowledged in Qatar, we have the challenges, the Georges successfully bal- IN THE HOUSE OF REPRESENTATIVES ‘‘best trained, best equipped and finest troops anced the financial demands of schooling their on the face of the earth.’’ Considering this, the children and running a farming operation. Tuesday, November 18, 2003 military exemptions this legislation creates are At the young age of 45, Mr. Jimmy George Mr. BEREUTER. Mr. Speaker, on November unnecessary and should have been struck suddenly passed away, leaving Mrs. George 17, 2003, this Member unavoidably missed from the Report.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.022 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2323 Another issue that I believe is inadequately inevitable that this is the case. As such, be- tions, community colleges, libraries and others addressed in the report before us today has to cause I believe the conference agreement in- in every congressional district in the country. do with the Disabled Veterans Tax, also cludes important provisions that were not in- We all owe a debt of gratitude to the efforts known as concurrent receipt. This conference cluded in the House version of the bill, I will of the CCA and to individuals and organiza- report includes a Republican proposal that be voting in support of passage of this impor- tions such as the following: would only partially end the tax, thereby leav- tant legislation. With our men and women ing out two-thirds of military retirees affected Tom Beddow, Vice President of Public Af- overseas in harms way, supporting this bill fairs and Government Markets of 3M by the tax and forcing those covered to wait with its important pay raises for them and their Company 10 years for full benefits. Mr. Speaker, since families is a fitting way to show our support for Donald J. Gillespie, President and CEO of I have been in Congress, I have cosponsored them. A.M. Community Credit Union H.R. 303, to provide full concurrent receipt for f John Schofield, Chairman, President and all veterans eligible for both retirement and CEO of Advanced Fibre Communications disability pay; I have signed the discharge pe- PERSONAL EXPLANATION James W. Barner, President and CEO of Al- tition to get H.R. 303 on the floor; I have toona Hospital signed numerous letters on this topic; and I Barney B. Chapman, Vice President of Amer- HON. EARL BLUMENAUER ica First Credit Union strongly support ending this inequitable situa- OF OREGON tion. For that reason, since I support a total fix Marite Plume, President and CEO of Ar- IN THE HOUSE OF REPRESENTATIVES gonne Credit Union to this unfair tax, today I will be supporting the Tuesday, November 18, 2003 Dr. G. William Benz, President of Ashland Democratic motion to recommit the conference University report with instructions to report it back with Mr. BLUMENAUER. Mr. Speaker, had I Ricky A. Burke, Vice President of Metro Re- the complete elimination of the Disabled Vet- been present for the following votes on No- gion Operations of Atmos Energy erans Tax. vember 17, 2003, I would have voted as fol- LuAnn C. Williams, Corporate Communica- The conference agreement also contains a lows: tion Officer of Bangor Hydro-Electric Company number of dangerous provisions relating to the Rollcall vote 620; I would have voted ‘‘yea’’ development of a new generation of nuclear Dr. Michael Allkins, President of Bay De Noc on S.J. Res. 22, recognizing the Agricultural Community College weapons. The agreement authorizes the ad- Research Service of the Department of Agri- ministration’s request of $15 million for re- Dr. Robert Fisher, President of Belmont Uni- culture for 50 years of service to the Nation. versity search on the nuclear ‘‘bunker buster,’’ the Rollcall vote 621; I would have voted ‘‘yea’’ Michael Cascone, Jr., Chairman, President, Robust Nuclear Earth Penetrator, plus $6 mil- on S.J. Res. 18, commending the Inspectors and CEO of Blue Cross & Blue Shield of lion for ‘‘advanced concept initiatives.’’ I General for their efforts to prevent and detect Florida strongly oppose these provisions. Instead of waste, fraud, abuse, and mismanagement, Gary A. Regoli, President/CEO of Boeing building new nuclear weapons, I believe we and to promote economy, efficiency, and ef- Wichita Credit Union should fund weapons that have just as strong Truman L. Gates, Chief Executive Officer of fectiveness in the Federal Government during Desert Regional Medical Center a deterrent capability, but do not encourage the past 25 years. new uses for nuclear weapons or encourage a David Jacobstein, President and COO of De- Rollcall vote 622; I would have voted ‘‘yea’’ velopers Diversified Realty Corp. new nuclear arms race. on H. Con. Res. 299, honoring Mr. Sargent Andrew ‘‘Flip’’ Flipowski, President and Mr. Speaker, I voted against H.R. 1588 Shriver for his dedication and service to the CEO of divine interVentures, inc. when it first passed the House because of United States of America. Vince R. Volpe, President of Dresser-Rand many of the provisions I just discussed. How- Rollcall vote 623; I would have voted ‘‘yea’’ Doris Grose, President of Educaid, Wachovia ever, even during its first time through the on the motion to change the hour of meeting. Corporation House, I supported the across-the-board 4.15 Dr. Roger S. Newton, President and CEO of percent pay increase for military personnel, f Esperion Therapeutics and I strongly support these provisions again AMERICA’S PRIVATE SECTOR AIDS Marla K. Shepard, President and CEO of First Future Credit Union as it is included in the conference agreement. CIVIC EDUCATION EFFORT, However, there are a few provisions in par- Robert Anestis, Chairman, President and VOTER PARTICIPATION CEO of Florida East Coast Industries, ticular that I strongly support which were not Inc. included in the initial House version of the De- HON. ROBERT E. ANDREWS Patrick L. Taylor, CEO of General Electric fense Authorization legislation. Now that they Evendale Employees Federal Credit OF NEW JERSEY are included in the conference report, I will be Union voting in support of this conference agreement IN THE HOUSE OF REPRESENTATIVES Dr. Craig Turner, President of Hardin-Sim- today. Tuesday, November 18, 2003 mons University One provision not included in the House Dr. Charles D. Dunn, President of Henderson Mr. ANDREWS. Mr. Speaker, a recent Gal- version, but one that I have been working hard State University to ensure it is included in the conference re- lup poll that asked Americans what keeps our Ray Romero, Chairman of Hickam Federal port, is authorization of $9 million for Cannon country strong found some very interesting re- Credit Union sults. While 67 percent identified ‘‘willingness Dr. Jean Goodnow, President of Illinois Val- Air Force Base located in my district in Clovis, ley Community College New Mexico. $7.7 million of this $9 million to serve in the military’’ as important to keeping America strong, 84 percent and 86 per- Andrew L. Farkas, Chairman and CEO of In- would be used to construct a much-needed signia Financial Group new Aerospace Ground Equipment (AGE) cent, respectively, identified ‘‘high level of vot- Dr. Jerry W. Weber, President of Kankakee Complex and $1.3 million would be used to in- ing (in national elections)’’ and ‘‘having a well- Community College stall a permanent Simplified Short Approach educated populace’’. Yet other polls show that Dr. Joseph G. Burke, President of Keuka Col- Lighting System (SSALS) with sequenced our citizens’ civic knowledge is low and that lege flashers on a runway at the air force base. our voter participation is among the lowest in Dr. Linda Stegall, President of Kingwood These are both very important upgrades that the world. College Thomas Fleming, Chairman of the Board of will improve the safety of our troops stationed A number of Americans, from my district and from virtually every other district across Kirkbride Center at Cannon Air Force Base and, in turn, help Walter Malinowski, President of Labat-An- improve the safety of our nation. the country, are undertaking a major effort to derson Inc. One other provision that has helped sway keep our country strong, according to the defi- Dr. L. Michael Metke, President of Lake me to support passage of this authorization is nition expressed in the Gallup poll. They are Washington Technical College making an additional 12,000 legal permanent working to keep Americans well educated Hank Hernandez, CEO of Las Palmas Medical reservists who serve in the military eligible to about civic matters and to encourage citizen Center apply to become U.S. citizens after a year of participation in our democracy. Brian T. Flynn, CEO of Manatee Memorial service for citizenship in the United States. I These patriotic Americans have joined with Hospital the Committee for Citizen Awareness (CCA) Mark Hillard, CEO of Maricopa Integrated believe that if immigrants are willing to serve Health System in war, then a grateful nation should give them and other notable Americans like Secretary of Sister Mary Reap, IHM, President of what they are fighting for, American citizen- State Colin Powell, and Constitutional author Marywood University ship. Caroline Kennedy in this effort. The CCA pro- Kenneth Rudzewick, President and CEO of Mr. Speaker, clearly there provisions that vides free, award-winning civic videotapes to Maspeth Federal Savings and Loan Asso- are both good and bad. In a bill this size, it is America’s high schools, cable television sta- ciation

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.025 E19PT1 E2324 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 Frank VanderSloot, President and CEO of Company B of the 97th Signal Battalion in His passion for student safety, and his desire Melaleuca Advantage Federal Credit Germany. Nick was also selected to attend the to pass along his knowledge and morals to the Union 7th Army Non-Commissioned Officers Acad- next generation, is truly admirable. I would like Aiken Regional Medical Centers Akzo Nobel, Inc. emy where he graduated in the top 10 of his to join the students of Columbine middle American Savings Foundation class. Just months after his service in the school, and the community of Montrose, in Anglo Gold Jerritt Canyon, Inc. Army ended, Mr. Beck started his employment congratulating Ben on a well-deserved award. ARROW Electronics, Inc. with the Madera City Fire Department. f Aultman Health Foundation In 1969, Nick was promoted to Apparatus AvMed Healthplan Engineer, a specialist in the operation of HONORING THE REMARKABLE Baltimore City Community College heavy fire equipment vehicles. He was named CAREER OF MR. RAMON PUIG Bluebonnett Savings Bank Fire Lieutenant in 1976, then Battalion Chief in Boston University 1979. Each promotion was achieved through a HON. LINCOLN DIAZ-BALART Bridgewater State College OF FLORIDA Brinks Home Security competitive examination, and Nick scored Catholic Medical Center number one on each test. In the early ’90s, IN THE HOUSE OF REPRESENTATIVES Central Ohio Technical College Mr. Beck was instrumental in the city’s efforts Tuesday, November 18, 2003 Chandler, Franklin & O’Bryan to contract for fire protection with the Cali- Mr. LINCOLN DIAZ-BALART of Florida. Mr. Chicago Patrolman’s Federal Credit Union fornia Department of Forestry and Fire Protec- Speaker, I rise to honor the remarkable ac- Christiana Care Health System tion. Through his efforts, a contractual agree- Coastline Community Credit Union complishments of Mr. Ramon Puig. He truly is ment was met, which led to an estimated $2 the embodiment of the American dream. Columbia University Health Sciences million in savings for the City of Madera over Computer Sciences Corporation Mr. Puig was born in the central mountain Cushman & Wakefield, Inc. the last 10 years. Nick also received two town of Zaza del Medio, in the Cuban prov- Cuyahoga Falls General Hospital Madera County Firefighter of the Year awards. ince of Las Villas in 1920. At a young age, he Fiorello H. Laguardia Comm. College Mr. Beck has also been a prominent mem- learned to be a tailor and at 23, he opened First Community Bancshares, Inc. ber of numerous professional organizations. shop in his hometown and began making and Flushing Savings Bank He is a past-President of the Central California selling tropical dress shirts called guayaberas. FMC Airport Systems Jetway Fire Training Officers Association, the Madera Glendale Memorial Hospital As his popularity grew, he traveled through- County Employees Federal Credit Union, the out the island, taking skillful measurements Graceland University Central California Fire Prevention Officers As- Grenada Lake Medical Center and delivering his custom-made guayaberas. Gulfstream Aerospace Corporation sociation, and the Madera Firefighters Asso- Eventually, he became a regular supplier of Harper-Wyman Company ciation. He is also a member of the 1st Fresno guayaberas to Cubans throughout the entire Hawaii State Federal Credit Union City College Fire Science Advisory Board and country. Holyoke Hospital the California State Firefighters Association. When Cuba fell to totalitarianism in 1959, Jewish Hospital College of Nursing Mr. Speaker, I rise today to honor Nick Beck Mr. Puig left his shop as he was forced to Kindred Hospital Greensboro for his valiant service to the Madera City Fire work in the dictatorship’s sugarcane fields. Laney College Department. I invite my colleagues to join me He arrived in Miami on one of the Freedom Liberty Mutual Insurance Company in wishing Mr. Beck an exciting, well-deserved Merck & Co., Inc. Flights of October 18, 1968. There, he worked Montreat College retirement. for eight months as a hotel dishwasher for 95 Nassau Educators Federal Credit Union f cents an hour. National Park Medical Center He put his life back together and in 1971, TRIBUTE TO BEN STEPHENSON North Brooklyn Health Network opened his first guayabera shop in Miami. His Northland Area Federal Credit Union superb work, skillful craftsmanship and atten- Northwest Florida Community Hospital HON. SCOTT McINNIS tion to detail have earned him the nickname, Novartis Pharmaceutical Corporation OF COLORADO el Rey de las Guayaberas, the Guayabera O-Cedar Brands, Inc. IN THE HOUSE OF REPRESENTATIVES Provena St. Mary’s Hospital King. His stylish shirts have earned him na- Santa Clara University Tuesday, November 18, 2003 tional attention, including a recent article in Saturn Corporation GQ magazine. Mr. MCINNIS. Mr. Speaker, it is my honor to Seven Rivers Community Hospital Every day, he drives to his store and per- South Carolina State University rise and pay tribute to a remarkable man from sonally takes his customers’ measurements, St. John’s Regional Medical Center my district. For his dedication to the students cuts the patterns, and supervises the The Rockefeller Group of Montrose, Colorado, Ben Stephenson was seamstresses who stitch his custom-made The Summit Federal Credit Union recently named Colorado’s Assistant Principle guayaberas. His shirts are superbly made with The University of Iowa of the Year. I am proud today to call Ben’s embroidery and fine details that make each Tri-County Technical College contributions to the attention of this body of Utah Valley State College shirt unique. Congress and this nation. He carefully keeps track of everyone who Valley Baptist Health System As Assistant Principle of Columbine Middle Washington County Health System Inc. buys his tailor-made guayaberas with record Wells Fargo Bank School, Ben goes beyond the call of duty each books filled with names, occupations, meas- WesCorp day. To best serve the children, Ben works in urements and cuttings from the fabric he used Wesleyan College conjunction with teachers, parents, and admin- to make their particular guayabera. Westinghouse Waste Isolation Division istrators to assure the well being of Col- Mr. Puig’s list of clients includes stars f umbine’s students. In addition to his official George Hamilton, Robert Duvall, Emilio and duties, Ben also works tirelessly for the safety Gloria Estefan, mayors, governors, senators HONORING NICK BECK of his students. He has been instrumental in and every U.S. president since Ronald implementing anti-bullying and classroom Reagan. Their autographed photos adorn his HON. GEORGE RADANOVICH safety programs in the school. The students of office. OF CALIFORNIA Columbine Middle School are truly safer and In 1995, he moved his shop, La Casa de las IN THE HOUSE OF REPRESENTATIVES happier as the result of Ben’s contributions. Guayaberas, to 5840 SW Eighth Street in For his award, Ben will receive $1,000 from Tuesday, November 18, 2003 Miami. The store carries about 8,000 the Colorado Association of School Execu- guayaberas and has hundreds more in stor- Mr. RADANOVICH. Mr. Speaker, I rise tives. Although he could keep this prize age. today to honor Nick Beck on the occasion of money, Ben has decided to use it to spear- But the love of his life is Juana Maria, the his retirement from the Madera City Fire De- head a school project to build a student weight wonderful woman he married 60 years ago. partment after 39 years of service. A celebra- room. This selfless donation is illustrative of She is his partner in business as well as life. tion in his honor will take place on Sunday, Ben’s true compassion for the students of Col- Mr. Speaker, I congratulate my friend, Mr. November 16th in Madera, California. umbine. Ramon Puig, for his long and remarkable ca- Mr. Beck proudly served our country in the Mr. Speaker, I am proud to call to the atten- reer. United States Army before working with the tion of this body of Congress and this nation I commend him for his hard work and wish Madera City Fire Department. After training in the contributions of Ben Stephenson. Ben has him continued success and happiness. I am California and Georgia, he was assigned to dedicated his life to educating young minds. honored to call this great man, my friend.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.029 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2325 TRIBUTE TO SISTER HELEN ter able to formulate and implement American and especially how they are implemented, COSTELLO, RSCJ RECIPIENT OF foreign policy in the coming years. On Sep- needs drastic improvement. THE 2003 ST. MADELEINE SOPHIE tember 18, 1998, I introduced H.R. 4065 in the Mr. Speaker, change is always difficult, and BARAT AWARD 105th Congress to require that an inde- we should not impose change without a good pendent, non-partisan panel review all the fac- reason for doing so. We also have an obliga- HON. ANNA G. ESHOO ets and functions of the Department of State tion, I think, to seek better, more effective OF CALIFORNIA and to provide Congress with its findings and ways to advance American interests, and no IN THE HOUSE OF REPRESENTATIVES with a plan for reorganizing the Department. Department should be exempt from pene- Tuesday, November 18, 2003 The bill was reintroduced as H.R. 106 in the trating examination in pursuit of those larger 106th Congress and as H.R. 304 in the 107th interests. Ms. ESHOO. Mr. Speaker, I rise today to Congress. f honor Sister Helen Costello, RSCJ, a distin- I believe that the events of the past two guished Californian, as she receives the 2003 years only add a greater degree of urgency to INTRODUCTION OF THE VIDEO St. Madeleine Sophie Barat Award. This the need for such a transformation. It is time CONSUMER PRIVACY PROTEC- award, named for the foundress of the Society for Congress to take action. TION ACT OF 2003 of the Religious of the Sacred Heart, honors The gentleman from Arkansas, Mr. Snyder, individuals who over a significant period of has also been working on these issues for HON. EDWARD J. MARKEY time have made extraordinary contributions to some time. He has suggested a number of im- OF MASSACHUSETTS Sacred Heart Schools, Atherton. Founded in provements in my previous proposals, and IN THE HOUSE OF REPRESENTATIVES 1897, Sacred Heart Schools includes St. Jo- today we are introducing the revised version Tuesday, November 18, 2003 seph’s School of the Sacred Heart and Sacred of the bill. It does not prescribe in legislative Heart Preparatory. language exactly how the Department of State Mr. MARKEY. Mr. Speaker, I rise to intro- Sister Helen Costello was born in San Fran- should be reorganized despite the many stud- duce the Video Programming Consumer Pri- cisco and entered the 8th grade at the Con- ies and reports which have recommended var- vacy Protection Act of 2003. Mr. Speaker, as vent of the Sacred Heart in 1929, which was ious actions. It does establish the framework our Nation’s communications networks con- then a boarding school for girls. Sister for a serious study of all of the recommenda- tinue to grow and become ever more sophisti- Costello graduated from Sacred Heart School tions and requires that a proposal be sub- cated, more individuals and industries will be in 1935 and took her final vows in Rome in mitted to Congress. We would then have to using broadband networks at home and work. 1949. She taught at St. Joseph’s School from act upon the legislation in the normal order. As America upgrades its communications in- the early 1950’s until 1967. During that time There have been a number of outside stud- frastructure for the 21st century, we must she was responsible for overseeing the altar ies which recommend reform in very strong make sure that the information superhighway boys, some of whom still keep in touch with terms. For example, in January 2001, a study is safe for all its travelers and this is particu- her. Since leaving the School, Sister Costello cosponsored by the Council on Foreign Rela- larly true with respect to personal privacy. has worked with the Handicapables, assisted tions and the Center for Strategic and Inter- As the co-chair of the Congressional Privacy children with cancer, and counseled students. national Studies and chaired by former Sec- Caucus, along with Representative JOE BAR- Throughout the years, Sister Costello has retary of Defense and career foreign service TON (R–TX), I have been concerned about dedicated her time and talents to the students officer, Frank Carlucci, issued ‘‘a scathing re- protecting privacy and closing anachronistic or and families of Sacred Heart School. port,’’ warning that ‘‘the United States will technology-specific loopholes in consumer pri- Mr. Speaker, I’m proud to honor her work, soon face serious dangers and enormous vacy protections for a long time. her values, and her deep love for her students costs because its foreign policy establishment Mr. Speaker, it is becoming increasingly ap- and I ask my colleagues to join me in hon- has not come to terms with global changes a parent that, in addition to the protections ac- oring Sister Helen Costello, RCSJ, as she re- full decade after the Cold War ended.’’ (Los corded consumers with respect to information ceives the 2003 St. Madeleine Sophie Barat Angeles Times, January 30, 2001). ‘‘No gov- gathered by cable operators, video rental Award for her extraordinary contributions to ernment bureaucracy is in greater need of re- stores, and telecommunications carriers, which Sacred Heart Schools. form than the Department of State,’’ the report are contained in current law, further protec- f found. tions are needed to ensure that consumer pri- REINTRODUCTION OF DEPART- In March 2001, the United States Commis- vacy rights are retained and respected on the MENT OF STATE REVIEW BILL sion on National Security/21st Century, better information superhighway by other entities. known as the Hart-Rudman Commission, This includes entities with access to consumer found that ‘‘The Department of State is a crip- video information, or who are using other tech- HON. MAC THORNBERRY pled institution that is starved for resources by nologies to essentially deliver similar services OF TEXAS Congress because of its inadequacies and is to those covered by current law. IN THE HOUSE OF REPRESENTATIVES thereby weakened further. The department This is especially the case in the video mar- Tuesday, November 18, 2003 suffers in particular from an ineffective organi- ketplace. Current law contains privacy protec- Mr. THORNBERRY. Mr. Speaker, for some zational structure in which regional and functions for consumers when they rent video cas- time, I have believed that it is essential to tional goals compete, and in which sound settes—as contained in the Video Privacy Pro- transform our military so that the United States management, accountability, and leadership tection Act of 1988, codified at 18 U.S.C. is better able to deal with the enormous secu- are lacking (p. 47).’’ Other studies and reports 2710—or subscribe to cable or other services rity challenges of the 21st century. Since my have reached similar conclusions. from a cable operator, as contained in the first term in Congress, I have worked to de- This bill requires a serious study of the or- Communications Act of 1934 47 U.S.C. 551. velop a more flexible, adaptable military with a ganization of the Department of State and our Since the privacy provisions protecting cable ‘‘culture of innovation’’ that will ensure that our diplomatic structure. The Commission created subscribers were put in place in 1984, the Di- security is protected as the threats against us, by the bill will examine all levels of the Depart- rect Broadcast Satellite industry has devel- our allies, and our values grow in number and ment, from the organization chart of bureaus oped. Today, Echostar and DirecTV, for exam- complexity. But at the same time, I recognize and offices to staffing at embassies around ple, have approximately 20 million subscribers. that American national security does not rest the world. It will also look at issues such as Although they offer multichannel video pro- solely on the shoulders of the U.S. military. public diplomacy—whether we are organized gramming across the country in a manner Based on my work in defense trans- to wage the battle over ideas, which is so crit- comparable to many cable operators, current formation, I became convinced that homeland ical to the ultimate success of the war on ter- legal privacy protections protect cable sub- security was a vital area requiring not just rorism—and use of foreign assistance—wheth- scribers but not satellite subscribers. This more money, but a major reorganization of the er we are prepared to use effectively innova- makes absolutely no sense when one con- government agencies charged with protecting tive new programs, such as the Millennium siders that millions of such satellite sub- the American homeland. I introduced the first Challenge Account. scribers are watching the same programming bill creating a new organization to better pro- There may be a variety of opinions on what as the cable subscriber next door. Consumers tect the homeland on March 21, 2001, and the Department of State should be doing and who switch from cable to satellite service often that new Department is now up and running. on exactly what organizational and process do not know that the privacy protections the I also believe that a transformation is need- changes should be made, but we should all be law accords them in one market do not follow ed at the Department of State so that it is bet- able to agree that how decisions are made, them when they switch technologies even

VerDate jul 14 2003 03:00 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.032 E19PT1 E2326 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 though the video services they obtain are simi- TRIBUTE TO SISTER ANN Its conclusion is a testament to the will of both lar. MCGOWAN, RSCJ—RECIPIENT OF governments and the importance of U.S.- In addition, the provisions of the Video Pri- THE 2003 ST. MADELEINE SOPHIE China bilateral relations. vacy Protection Act of 1988, which was en- BARAT AWARD The recently announced framework agree- acted in the wake of a scandal involving the ment between the U.S. and China is signifi- disclosure of the video rental records of Judge HON. ANNA G. ESHOO cant because it addresses a number of long- Robert Bork in a newspaper, covers video OF CALIFORNIA standing impediments to expanding maritime cassette rentals but not such ‘‘rentals’’ if they IN THE HOUSE OF REPRESENTATIVES trade between our two nations. The agreement achieves a long overdue goal, which I are not in cassette form. In other words, if a Tuesday, November 18, 2003 consumer physically rents a movie from Block- have supported, of ensuring a level playing buster and walks out of the store with a video Ms. ESHOO. Mr. Speaker, I rise today to field for both countries. While the specific de- cassette, there are legal privacy protections honor Sister Ann McGowan, RSCJ, a distin- tails of the agreement are yet to be released, governing the unauthorized disclosure of the guished Californian, as she receives the 2003 the fundamental issues of concern for the U.S. consumer’s rental choice. Yet if the very same St. Madeleine Sophie Barat Award. This involved market access issues such as: bond- movie is delivered online or over-the-air, and award, named for the foundress of the Society ing for Non-Vessel Operating Commercial Car- not as a video cassette, it is not covered by of the Religious of the Sacred Heart, honors riers, opening branch offices, and provision of that statute. individuals who over a significant period of logistics services. Issues for China included Moreover, the digital video recorder is quick- time have made extraordinary contributions to the filing of confidential freight rates and con- ly becoming a popular device in homes Sacred Heart Schools, Atherton. Founded in trolled carriers, among others. around the country. The personal records of 1897, Sacred Heart Schools includes St. Jo- The commitment of lead U.S. negotiator video subscriber choices and viewing habits seph’s School of the Sacred Heart and Sacred Captain William Schubert, U.S. Maritime Ad- are available to companies such as Tivo and Heart Preparatory. ministrator and his Chinese counterpart, Su Replay TV. Consumers should certainly be ac- Sister Ann McGowan, RSCJ, was born in Xiang, Director General of the Department of corded the same privacy protections for sub- Washington DC, and moved with her family to Water Transport, was significant in reaching scribing to these services in my view as they the West Coast when she was still a child. this agreement. Captain Schubert and Director receive under the law from cable operators She attended La Jolla High School in San General Su reflected the newfound will of their today. Indeed, the information available to Diego and the San Diego College for Women, governments since the expiration of the last such companies may be more detailed and where she majored in Biology. She entered agreement in 1998. specific about a consumer’s viewing habits the Society of the Sacred Heart soon after- Since 1998, the policies of the government than that which may be obtained by many ward, and spent her years as a novice at the of China on international maritime trade have cable operators. The total lack of any legal Sacred Heart School in nearby El Cajon. She evolved from protectionism, to an acceptance protections in this area is especially troubling was given special permission to come to teach of the benefits of competition and open access given reports that such companies are willing at St. Joseph’s School, which was for consumers and shippers of both countries. to sell certain, aggregate data about consumer transitioning from being an all-boys parish In January 1999, I met with Vice Minister of viewing habits to marketers and others. Cur- school to being a co-ed Sacred Heart School. Communications Hong Shanxiang in Bejing. Sister McGowan loved working with boys rently there is no prohibition on the sale or dis- Minister Hong referred to China as a devel- during the day, pinning up the skirts of her closure of more personal television viewing oping country whose maritime interests need- habit to coach baseball in the afternoons, and data. ed protection. I pointed out that in maritime it working in the girls boarding school at night. In Mr. Speaker, the bill I’m introducing today is was the United States that was in the position the fall of 1976, she began her tenure as Prin- of a developing country, with our fleet declin- very simple and straightforward. It merely cipal of St. Joseph’s School, Preschool takes the provisions of law governing con- ing from 3,000 vessels in 1945 to 450 in 1999, through 8th Grade, and the school prospered making us the smallest maritime nation. sumer privacy which today apply to cable op- under her enlightened leadership for 16 years. erators and makes them applicable to satellite China, meanwhile has become a maritime It was Sister McGowan’s vision that the school power. providers as well as vendors of other multi- pride itself on excellence in all areas, edu- channel video services, including Tivo and Re- I am pleased that the government of China cating the whole child. She insisted on the has now recognized that in the maritime field, play TV. This bill provides essential, similar highest standards for her students and for her privacy protections for consumers regardless their industry is capable of meeting the chal- faculty, and of course, for herself. Her eye for lenges, and gaining the benefits, of a competi- of whether they subscribe to Comcast or Cox excellence helped to build one of the finest cable, Echostar or DirecTV, or whether they tive system. With this agreement, both govern- schools in the San Francisco Bay Area. ments committed to making the concept of a also subscribe to Tivo or ReplayTV. This will Mr. Speaker, I’m proud to honor Sister more open and economically successful bilat- keep our critical consumer privacy laws cur- McGowan’s work, her values, and her deep eral maritime relationship a reality. rent with changes in the marketplace and ad- love for her students. I ask my colleagues to The China Ocean Shipping Company vances in technology. join me in honoring Sister Ann McGowan, (COSCO) was an important force behind the I look forward to working with my House col- RCSJ, as she receives the 2003 St. Mad- U.S. China Maritime agreement. COSCO is leagues, including my colleagues on the Tele- eleine Sophie Barat Award for her extraor- the 5th largest shipping company in the world communications and Internet Subcommittee dinary contributions to Sacred Heart Schools. and the principle maritime carrier between and fellow members of the Congressional Pri- f vacy Caucus, in addressing these issues per- Asia and the United States. I wish to applaud haps in the next session of Congress. U.S.-CHINA MARITIME AGREEMENT COSCO’s leadership in both Beijing and BEGINS A NEW ERA OF CO- Washington, notably Mr. Gao Weijie, who kept f OPERATION all of us informed and helped to forge a consensus among the maritime parties involved. PERSONAL EXPLANATION HON. JAMES L. OBERSTAR Much work remains once the agreement is OF MINNESOTA officially signed. Both sides must take completing actions to ensure that the discrimina- IN THE HOUSE OF REPRESENTATIVES HON. JIM KOLBE tory policies are dismantled, as provided for in OF ARIZONA Tuesday, November 18, 2003 the agreement. IN THE HOUSE OF REPRESENTATIVES Mr. OBERSTAR. Mr. Speaker, I rise today Mr. Speaker, as the Ranking Democrat on to express my support for the recent U.S.- the House Transportation and Infrastructure Tuesday, November 18, 2003 China maritime agreement, the result of suc- Committee, and an active maritime policy par- Mr. KOLBE. Mr. Speaker, yesterday, I was cessful U.S.-China maritime negotiations that ticipant for over two decades, I want to com- unavoidably detained and missed the vote on concluded in August of this year. The agree- mend Captain Schubert and Bruce Carlton of S.J. Res. 18, Commending the Inspector Gen- ment, which is now under final review by the MARAD, Minister Hu of China, Mr. Gao of eral for their efforts to prevent and detect Departments of Transportation and State, is COSCO, and all maritime agreement partici- waste, fraud, abuse, and mismanagement dur- the most significant maritime pact with China pants who worked so hard to ensure that this ing the past 25 years (No. 621). I intended to in the last 15 years, and represents a major U.S.-China Maritime agreement would become vote ‘‘aye.’’ breakthrough in U.S.-China maritime relations. a reality.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.035 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2327 PERSONAL EXPLANATION PERSONAL EXPLANATION sacrifice is a testimony to his personal character. HON. JO BONNER HON. JIM RYUN That was even evident as hundreds of his OF ALABAMA OF KANSAS friends flocked to St. Mary’s Church to honor his memory. His wit, intelligence, self-effacing IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES modesty, generosity and kindness have Tuesday, November 18, 2003 Tuesday, November 18, 2003 touched many people. Mr. BONNER. Mr. Speaker, on November Mr. RYUN of Kansas. Mr. Speaker, unfortu- I urge my colleagues to join me by extend- 17 I was unavoidably detained in my district nately, I missed four votes in the House of ing their sympathies and deepest gratitude to and was not able to vote on rollcall votes Representatives on November 17, 2003. Had the family of Brandon Watters for his life and numbered 620, 621, 622, and 623. Had I been I been in attendance I would have made the sacrifice. He will be missed. present, I would have voted ‘‘aye’’ on rollcall following votes: f 620, ‘‘aye’’ on rollcall 621, ‘‘aye’’ on rollcall Passage of S.J. Res. 22, Recognizing the 622, and ‘‘aye’’ on rollcall 623. Agricultural Research Service of the Depart- GAP IN HOMELAND SECURITY f ment of Agriculture for 50 years of outstanding service to the Nation through agricultural re- HON. HOWARD COBLE ACKNOWLEDGING MR. DENNIS search. Had I been in attendance, I would OF NORTH CAROLINA DOUGHERTY, CEO OF VISUAL have voted ‘‘yea.’’ IN THE HOUSE OF REPRESENTATIVES ELECTRONICS, LTD Passage of S.J. Res. 18, Commending the Tuesday, November 18, 2003 Inspectors General for their efforts to prevent HON. MARK UDALL and detect waste, fraud, abuse, and mis- Mr. COBLE. Mr. Speaker, I rise today to OF COLORADO management, and to promote economy, effi- bring attention to a serious gap in our home- IN THE HOUSE OF REPRESENTATIVES ciency, and effectiveness in the Federal Gov- land security strategy and to encourage my colleagues to work with me to move expedi- Tuesday, November 18, 2003 ernment during the past 25 years. Had I been in attendance, I would have voted ‘‘yea.’’ tiously and cost effectively to remedy this Mr. UDALL of Colorado. Mr. Speaker, I rise Passage of H. Con. Res. 299, Honoring Mr. problem. Currently, the Coast Guard only em- today to acknowledge Mr. Dennis Dougherty, Sargent Shriver for his dedication and service ploys eight armed air assets that are equipped the CEO of Visual Electronics, Ltd. Dennis has to the United States of America, for his service to use force to protect our entire port and wa- not only been a leading entrepreneur in Colo- in the United States Navy, and for his lifetime terway network and to enforce our nation’s rado, he is also an active leader of the Human of work as an ambassador for the poor and drug laws. This is unacceptable. This fleet is Rights Campaign and an outspoken proponent powerless citizens of the United States of obviously much too small to provide coverage of civil rights. Still a Republican, despite my America, and for other purposes. Had I been to the almost 90,000 miles of U.S. coastline entreaties to the contrary, Dennis is living in attendance, I would have voted ‘‘yea.’’ and hundreds of ports and waterways. In light proof that one can be a hard-driving and suc- On the Motion regarding the Hour of Meet- of this serious vulnerability, it is my strong be- cessful businessman and also contribute to ing. Had I been in attendance, I would have lief that the Coast Guard should move quickly causes that are beyond self-interest and the voted ‘‘yea.’’ to initiate a competition for a new multi-mis- so-called ‘‘bottom line.’’ sion armed cutter helicopter. We need more f A Colorado newspaper recently published a assets now and should not stand idle while profile on Dennis Dougherty and included TRIBUTE TO BRANDON PHILIP millions of Americans who live along our some highlights of his career in the ever- WATTERS coastlines remain vulnerable. This being said, changing high technology sector. I would like I completely support the mandate of the to share a few items that describe Dennis and HON. DEVIN NUNES Transportation and Infrastructure Committee his contributions to both the private and public OF CALIFORNIA contained in H.R. 2443 that directs the Coast sectors: IN THE HOUSE OF REPRESENTATIVES Guard to expand its fleet of armed Sting Ray As the hands-on director of a 25 year old helicopters. The plan to acquire additional customer service-oriented company, Dough- Tuesday, November 18, 2003 HITRON Sting Ray helicopters through a flexi- erty has weathered tough economic times by Mr. NUNES. Mr. Speaker, I rise today to ble lease arrangement is a common sense in- stressing attention to client satisfaction. Visual Electronics marketing manager, Kim pay tribute to a brave young man from my terim solution until a new state-of-the-art multi- Johnson, said, ‘‘If you make a client happy, home district, who selflessly gave his life try- purpose helicopter can be deployed. In the they’re going to come back to you.’’ ing to save a friend. aftermath of 9–11, the Sting Ray fleet sud- Dennis was raised in Omaha, Nebraska and On June 25, 2003, Brandon Philip Watters denly has a key role on the front lines of both served in Vietnam after being drafted by the was at Sequoia National Park with his brother, America’s war on drugs and terrorism. Army. Dennis served honorably and in a Garet, and friends. They were swimming at On September 15, 2003, Coast Guard Sub- time and place where being an ‘‘out gay per- ‘‘the cliffs,’’ along the Kaweah River. Brandon committee Chairman LoBiondo and Ranking son’’ was unheard of and dangerous. Member Filner wrote the leadership of the Ap- Through 12 hour work days and a con- was enjoying a well-deserved summer break tinuing commitment to meet the needs of his from pre-med courses at the University of propriations Committee to emphasize the pri- customers, Dennis built a multi-million dol- California, Santa Cruz. ority our Coast Guard Subcommittee is giving lar company providing ACD monitoring sys- Suddenly, Brandon noticed that his friend, to the establishment of a an expanded fleet of tems for call centers, 911 emergency oper- Renne Suddeth, was caught in the rapids. MH–68A armed helicopters. Recognizing the ations, help desks and tech support lines. Without thought to his own safety, he imme- Coast Guard is confronting a serious chal- Visual Electronics is, in its own way, a diately dove in the water, struggling against lenge in trying to balance its limited resources prime example of the growth potential in the roiling waters. Marshaling every bit of his to meet both its humanitarian missions and its technology services. new homeland security responsibilities, it is Dougherty has also been a regional and na- strength, he was able to get his nearly tional philanthropist, supporting human drowned friend to safety. my belief that the only way to effectively ad- rights work, aimed at establishing equal Just as Garet pulled Renne from the river, dress this problem is to increase the number rights for gays and lesbians. Dennis is also a Brandon was pulled underneath the turbulent of assets tasked to perform these kinds of op- major supporter of the Colorado AIDS water by strong currents. Recognizing the ex- erations and to ensure that these assets have Project and the National Sports Center for treme peril of diving in after Brandon, who was prioritized missions. The Coast Guard simply the Disabled in Winter Park, Colorado. the strongest swimmer among them, the oth- does not have enough assets to perform all Coloradans are proud of Dennis Dougherty ers kept each other from jumping in after him. their traditional missions plus all their new re- and the contribution he and his company have Brandon’s courageous act cost him his life. sponsibilities. As a result, the Coast Guard made to our state. Through his attention to de- The water was so treacherous that well- should acquire additional assets for the air- tail, his strong people skills, his sales acumen trained, experienced divers noted that it hin- borne use of force mission. and his outstanding commitment to his work dered their recovery efforts for more than two I am particularly alarmed over reports out of colleagues, Dennis and Visual Electronics, hours. the Coast Guard that there is a plan to rebuild Ltd. are valuable members of our business Brandon was undoubtedly aware of the dan- their existing 20 year old HH–65 fleet rather community and I am proud to recognize him ger. We know that he would make the same than replace it through a competitive process. today. decision were he given that choice again. His This is a classic case of being penny wise and

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.039 E19PT1 E2328 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 dollar foolish and it defies common logic in fly home to attend their father’s funeral. The childhood educators for their hard work and this post-9–11 environment. Instead of accu- services may include a special reading pro- dedication. rately identifying the new mission and then de- gram for a sailor’s daughter. They may assist Simha has also provided critical leadership ciding on the best possible helicopter to carry with special medical attention for a pilot’s to promote upper levels of Jewish education. it out, it is an example of shrinking the mission spouse, or college tuition for a Marine’s child. For example, he served on the Board of Direc- to fit the assets on hand. The Department of Mr. Speaker, our fighting men and women tors at the University of Judaism, the Board of Homeland Security requires a new and larger and their families are sacrificing a great deal Trustees of the Jewish Community Founda- state-of-the-art cutter-deployed helicopter to on our behalf. It is the duty of all Americans tion, and the Board of the West Coast Friends meet the growing challenge. Rebuilding a to provide comfort and assistance in any way of Bar Ilan University. Simha is also the found- twenty year old helicopter is simply not ac- they can. er of the Western Region of American Friends ceptable. The Coast Guard should move I extend a special thanks to the radio and of the Hebrew University. quickly to initiate a competition to procure a television station owners who are calling atten- In addition to his many educational achieve- modern technology Multi-Mission Cutter Heli- tion to this important cause. They are pro- ments here in the United States, Simha has copter and related Airborne Use of Force as- viding an important public service and I com- also displayed an unwavering commitment to sets that can also be used by Customs, Se- mend them for their efforts. the establishment and maintenance of Israeli cret Service and the Border Patrol. Mr. Speak- f institutions of education. Thanks to his leader- er, as you and others in this body know, I am ship and vision, thousands of Israeli and a fiscal conservative who is always conscious PERSONAL EXPLANATION American children will be prepared to lead of how we in Washington spend taxpayer dol- productive lives and promote religious and cul- lars. I have also always been a strong advo- HON. RON KIND tural tolerance. cate for the Coast Guard and believe that this OF WISCONSIN Mr. Speaker, we ask our colleagues to join branch of our military service is a big bang for IN THE HOUSE OF REPRESENTATIVES us in saluting Simha for all of his outstanding contributions and to wish him a happy 100th the taxpayer buck. Given the 100 percent suc- Tuesday, November 18, 2003 cess of the current HITRON fleet, I believe birthday. this would be one of the most effective and Mr. KIND. Mr. Speaker, on Monday, Novem- f cost-efficient ways to address the enormous ber 17, 2003, I was unable to record my vote vulnerabilities that continue to exist along our on three resolutions under suspension of the RECOGNIZING CHESTER COUNTY nation’s coastlines and in our ports and water- rules, and one motion changing the hour of CHAPTER 377 OF THE NATIONAL ways. meeting. My unavoidable absence was due to ASSOCIATION OF RETIRED FED- ERAL EMPLOYEES f the fact that I was hosting an important forum on Chronic Wasting Disease in Wisconsin with APPLAUD AMERICA’S LOCAL federal and state leaders. HON. JIM GERLACH BROADCAST STATIONS Had I been able to vote, I would have voted OF PENNSYLVANIA the following: IN THE HOUSE OF REPRESENTATIVES Roll call #620: Yes, Roll call #621: Yes, Roll HON. ED WHITFIELD Tuesday, November 18, 2003 OF KENTUCKY call #622: Yes, Roll call #623: Yes. IN THE HOUSE OF REPRESENTATIVES f Mr. GERLACH. Mr. Speaker. I rise today to recognize Chester County Chapter 377 of the Tuesday, November 18, 2003 CELEBRATING THE 100TH National Association of Retired Federal Em- Mr. WHITFIELD. Mr. Speaker, I rise today BIRTHDAY OF SIMHA LAINER ployees and all of its members on the 50th an- to applaud America’s local broadcast stations niversary of its founding. for a program they recently launched to assist HON. HOWARD L. BERMAN The National Association of Retired Federal the families of our men and women in uniform OF CALIFORNIA Employees (NARFE), an organization of who are fighting the war on terrorism abroad. IN THE HOUSE OF REPRESENTATIVES former workers of the United States govern- As of today, there are more than 140,000 ment, was established in 1921 and has grown Tuesday, November 18, 2003 active-duty and reserve personnel serving our to over 420,000 members—each of whom is great Nation in Iraq, Afghanistan, and around Mr. BERMAN. Mr. Speaker, Mr. SHERMAN affiliated with one of 1,591 chapters nation- the world. and I rise today to pay tribute to our good wide. They perform an advocacy role at the I have the privilege of representing the sol- friend, Simha Lainer who will be celebrating national level in promoting and protecting the diers stationed at Ft. Campbell, Kentucky as- his 100th birthday at a dinner and reception annuity and health insurance rights of all signed to the 101st Airborne Division, the 5th hosted by the New Community Jewish High former employees. It also provides significant Special Forces Group, and the 160th Special School on Sunday, December 14, 2003. services to all United States government retir- Operations Aviation Regiment. The men and Simha has been a cornerstone of the Jewish ees by aiding them in understanding and uti- women of these premier Army units have community in Los Angeles for many years, lizing their individual rights under current direc- been deployed for extensive periods of time, and he continues to play an active role in the tives. often with little or no break between deploy- promotion of Jewish education and many Much like other national advocacy groups, ments. other worthy causes. NARFE is separated into state organizations For the families left behind, these extended Simha was born in the Ukraine. As a young which are further subdivided into a number of separations can be trying not only emotionally, man, he spent time in the Middle East, Ecua- local chapters based on population and geog- but financially as well. In many cases, the pri- dor, Peru, Venezuela, and Mexico. He immi- raphy. In Pennsylvania, there is a statewide mary ‘‘bread winner’’ is the person sent over- grated to the United States with his family in federation of approximately 22,000 members seas, leaving wives and children to cope with 1951. Although he worked in the textile indus- who likewise are affiliated with Chester County unexpected expenses. try, and later in real estate, his passion has al- Chapter 377 or one of the 56 other local chap- The National Association of Broadcasters ways been education. ters. and its 6,000 radio station and 1,000 television Simha, along with his wife Sara(z’’l) and his The Chester County Chapter 377 of NARFE station members recently partnered with the three remarkable sons Mark, Nahum and Luis, encompasses the entire county and has a Armed Forces Relief Trust (AFRT) to help who in their own right have supported so membership of over 400 retirees. The Chapter raise funds for those families that are facing fi- many worthy causes, have pioneered efforts holds ten meetings a year hosting outside nancial challenges. The AFRT solicits con- to make a Jewish education available to as speakers on a variety of issues important to its tributions and then disburses interest-free many children as possible. In 1989, Simha members. I am honored to be speaking at loans and grants to family members of de- and his family established the Simha and Sara their 50th Anniversary luncheon on December ployed personnel who are in need. To support Lainer Fund for Jewish Education. As a result 2, 2003. In addition to the meetings, NARFE this effort, the broadcasters produced and are of this fund, the Los Angeles Bureau of Jewish members are informed on retirement issues voluntarily airing Public Service Announce- Education has provided financial aid to many through a national monthly magazine and from ments, so that AFRT can assist even more students that otherwise would have been un- periodic chapter newsletters. families in need. able to study the Torah. The fund has also I ask that my colleagues join me today in The AFRT provides important services. provided Simha and his family an opportunity recognizing Chester County Chapter 377 of They may provide assistance so a soldier can to honor religious schoolteachers and early the National Association of Retired Federal

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.043 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2329 Employees, its President Stewart F. Taylor, fornian, as he receives the 2003 St. Madeleine during peacetime; allowing soldiers to apply and all of its members on the 50th Anniver- Sophie Barat Award. This award, named for and take oaths for citizenship overseas; and sary of the its founding. Half a century of hard the foundress of the Society of the Religious granting permanent resident status to the sur- work and dedication has led to great success of the Sacred Heart, honors individuals who viving family of U.S. citizen soldiers who are in protecting the benefits of retired federal em- have made extraordinary contributions to Sa- granted posthumous citizenship as a result of ployees in Chester County, the Common- cred Heart Schools, Atherton, over a signifi- death incurred in combat. wealth of Pennsylvania and across the United cant period of time. Sacred Heart Schools I’m also pleased that this bill will allow ap- States. founded in 1897, includes St. Joseph’s School proximately one-third of eligible disabled mili- f of the Sacred Heart and Sacred Heart Pre- tary retirees to receive both their retirement paratory. and disability benefits. I would have preferred HONORING THE LIFE AND WORK Robert Glockner, Trustee Emeritus, became that the bill extend this ‘‘concurrent receipt’’ to OF RETIRED BRIGADIER GEN- involved with Sacred Heart School in 1975 all disabled retirees, but this is a great im- ERAL PAUL ROBERSON when the first of his four daughters to grad- provement on the bill the House considered uate from Sacred Heart Preparatory enrolled earlier this year—which included no such pro- HON. CIRO D. RODRIGUEZ in the school. In 1976 he was asked to serve visions. I am also pleased that the bill extends OF TEXAS on the Advisory Board that later became the the military’s TRICARE health coverage to Na- IN THE HOUSE OF REPRESENTATIVES governing Board of Trustees. Mr. Glockner tional Guard and reservists and their families Tuesday, November 18, 2003 served as the Chair of the School’s first major if servicemembers have been called to active duty. These are all necessary and important Mr. RODRIGUEZ. Mr. Speaker, I rise today capital campaign and helped to raise $3.5 mil- provisions that I support. to honor the life and work of retired Brigadier lion and funded the completion of the I do have a number of serious reservations General Paul Roberson. Today, Paul was McGanney Gymnasium. From 1984 to 1986 about the bill. brought to his final resting place at our Na- he served as Chair of the Board. For his determination and leadership during his twelve I don’t believe it addresses 21st century tion’s most hallowed ground, Arlington Na- threats as well as it could. With the exception tional Cemetery. Our friend and colleague now years on the Board he was named Trustee Emeritus, a distinction bestowed on only two of the Crusader artillery system, the Adminis- rests with America’s national heroes. tration and Congress have continued every Although born a Californian, Paul’s first as- other Board members. major weapons system inherited from previous signment as an Air Force officer brought him I’m exceedingly proud to honor his work, his administrations. So although the bill brings to Texas, and he spent much of his career in values, and his commitment to Sacred Heart overall defense spending to levels 13 percent the San Antonio area. A veteran of the Viet- Schools. He is a model for others to emulate higher than the average Cold War levels, it nam War, Paul’s military honors included the and his leadership will touch generations of doesn’t present a coherent vision of how to re- Legion of Merit with oak leaf cluster, Bronze students to come. Mr. Speaker, I ask my colleagues to join me align our defense priorities. Star Medal, Meritorious Service Medal with The bill still includes provisions that would two oak leaf clusters, National Defense Serv- in honoring Robert Glockner as he receives the 2003 St. Madeleine Sophie Barat Award exempt the Department of Defense from com- ice Medal, Vietnam Service Medal, Republic of pliance with some requirements under the En- Vietnam Gallantry Cross with Palm and the for his extraordinary contributions to Sacred Heart Schools. dangered Species Act (ESA) and the Marine Republic of Vietnam Campaign Medal. Mammal Protection Act (MMPA). There is After a long, distinguished career with the f broad-based support for existing environ- United States Air Force, Paul led efforts in CONFERENCE REPORT ON H.R. 1588, mental laws—as there should be—and these San Antonio to avoid the closure of Kelly AFB NATIONAL DEFENSE AUTHORIZA- laws already allow case-by-case flexibility to during the 1995 BRAC process. With the TION ACT FOR FISCAL YEAR 2004 protect national security. The Pentagon has BRAC decision to close and realign Kelly AFB, never sought to take advantage of this flexi- Paul wasted no time in working to transform SPEECH OF bility, so it strains belief that these laws are the largest base to be closed in the BRAC undermining our national security. Indeed, the process into a productive and vibrant center HON. MARK UDALL General Accounting Office has found that for aerospace maintenance and international OF COLORADO training readiness remains high at military in- trade. Under his leadership, Kelly AFB be- IN THE HOUSE OF REPRESENTATIVES stallations notwithstanding our environmental came KellyUSA, which now boasts thousands Friday, November 7, 2003 laws. I am not persuaded that the changes to of new jobs and a bright future as a leading Mr. UDALL of Colorado. Mr. Speaker, when these acts proposed by the military are justi- industrial and trade center in South Texas. He this House voted on H.R. 1588 in May, I voted fied. has left a legacy of success. against it. I didn’t think the bill as it stood then The bill still includes worrisome provisions to Creating KellyUSA was no easy task, and was one I could endorse. The conference re- overhaul DOD’s personnel system. Although Paul approached it with both determination port that we are considering today is margin- they are improved from the bill the House con- and optimism. I worked closely with Paul dur- ally better. Although I still have strong reserva- sidered earlier this year, these provisions ing these years after I came to Congress. Paul tions, I will support the conference report. would still strip DOD’s civilian employees of always had his list of priority action items and We are 2 years into our war on terrorism worker rights relating to due process, appeals, gently, but firmly, made his case. He met ob- and still engaged in military action in Iraq. and collective bargaining. stacles resolutely and with confidence. More There is no doubt that we must continue to Most disturbingly, the bill still includes provi- often, he welcomed success with humility and focus on defending our homeland against ter- sions on nuclear weapons development. This appreciation. This is how I will remember Paul. rorism, we must support our military per- bill provides funding to study the feasibility of Paul leaves behind a loving family and a sonnel, and we must give our military the developing nuclear earth-penetrating weapons community in San Antonio which he helped training, equipment, and weapons it needs to and authorizes previously prohibited research shape for the future. We all owe Paul our beat terrorism around the world. on low-yield nuclear weapons. Low-yield nu- thanks and appreciation for his life of service That’s why I’m in favor of provisions in the clear weapons have an explosive yield of five to our Nation, to the United States Air Force, bill that support those men and women who kilotons or less—‘‘only’’ a third of the explosive to KellyUSA, and to the people of San Anto- have put their lives on the line in Afghanistan yield of the bomb dropped on Hiroshima. Our nio. Paul made public service an art, and we and Iraq. The bill provides an average 4.15 obligations under the Treaty on the Non-Pro- all thank him for the tapestry of his life’s work. percent pay raise for service members, boosts liferation of Nuclear Weapons (NPT) require f military special pay and extends bonuses, and the United States to work towards nuclear dis- TRIBUTE TO ROBERT GLOCKNER funds programs to improve living and working armament, rather than further increase the facilities on military installations. size and diversity of our arsenal. By continuing HON. ANNA G. ESHOO I am pleased that the report includes provi- the development of new U.S. nuclear weapons sions recognizing the importance of non-cit- OF CALIFORNIA at the same time that we are trying to con- izen soldiers and the many sacrifices and con- IN THE HOUSE OF REPRESENTATIVES vince other nations to forego obtaining such tributions they have made. The report eases weapons, we undermine our credibility in the Tuesday, November 18, 2003 the naturalization process for these soldiers fight to stop nuclear proliferation. Ms. ESHOO. Mr. Speaker, I rise today to and their families, reducing to one year the Mr. Speaker, I am very disappointed that honor Robert Glockner, a distinguished Cali- length of service requirement for naturalization this conference report rolls back civil service

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K18NO8.001 E19PT1 E2330 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 protections, environmental protections, and librarian, and assistant scoutmaster in Troop States, the program serves 40,000 people with our work in the area of nuclear nonprolifera- 66. Jason is also a Brave in the Tribe of Mic- disabilities and 972 Georgians with disabilities tion. But some of these provisions were im- O-Say. earned nearly $3 million in wages last year as proved in conference, and the addition of con- For his Eagle Scout project, Jason identified a result of JWOD. current receipt provisions for our nation’s vet- and mapped out the location of all veterans A coordinated effort on behalf of the Com- erans is critical. In view of these changes to buried in the cemetery in Plattsburg, Missouri. mittee for Purchase From People Who Are the bill, added to my belief in the importance He identified over 350 veterans dating back to Blind or Severely Disabled (the Federal agen- of supporting our men and women in uniform, the Civil War. His project aided the American cy that oversees the Program), National Indus- I will support the conference report today. Legion in placing flags on Memorial Day. tries for the Blind (NIB) and NISH-Creating f Mr. Speaker, I proudly ask you to join me in Employment Opportunities for People with Se- commending Jason Thomas Hanser for his vere Disabilities, the JWOD Program provides TRIBUTE TO ANTHONY SOMOGYI accomplishments with the Boy Scouts of people who are blind or who have other se- America and for his efforts put forth in achiev- vere disabilities the opportunity to acquire job HON. SCOTT McINNIS ing the highest distinction of Eagle Scout. skills and training, receive good wages and OF COLORADO f benefits and gain greater independence and IN THE HOUSE OF REPRESENTATIVES quality of life. Through the JWOD Program, RECOGNIZING NATIONAL DIS- people with disabilities enjoy full participation Tuesday, November 18, 2003 ABILITY EMPLOYMENT AWARE- in their community and can market their Mr. MCINNIS. Mr. Speaker, it is with great NESS MONTH JWOD-learned skills into other public and pri- pride that I pay tribute to Captain Anthony vate sector jobs. It is with great pleasure that Somogyi from Palisade, Colorado. Anthony is HON. DAVID SCOTT I recognize the great contributions of American a pilot in the United States Army who recently OF GEORGIA workers with disabilities and I encourage oth- returned home from serving our country in Op- IN THE HOUSE OF REPRESENTATIVES ers to do the same every day of the year. eration Iraqi Freedom. Our nation is proud of Tuesday, November 18, 2003 f Anthony’s extraordinary valor, and it is my TRIBUTE TO JIM L. RIDLING FOR honor today to pay tribute to his dedication Mr. SCOTT of Georgia. Mr. Speaker, I am HIS TIRELESS COMMUNITY and commitment before this body of Con- pleased to recognize October as National Dis- SERVICE TO MONTGOMERY, AL, gress. ability Employment Awareness Month AND MAXWELL AIR FORCE BASE Anthony grew up in Palisade and attended (NDEAM). Congress designated each October Palisade High School. After graduating, he as National Disability Employment Awareness moved to the University of North Dakota Month in order to increase the public’s aware- HON. TERRY EVERETT where he earned his bachelors degree and ness of the contributions and skills of Amer- OF ALABAMA graduated cum laude. Upon leaving college, ican workers with disabilities. Various pro- IN THE HOUSE OF REPRESENTATIVES Anthony decided to employ his considerable grams carried out throughout the month also Tuesday, November 18, 2003 education and talents for the betterment of our highlight the specific employment barriers that Mr. EVERETT. Mr. Speaker, Montgomery, nation. His patriotism and conviction is a shin- still need to be addressed and removed. Peo- Alabama, in my congressional district, is the ing example to all young Americans. ple with disabilities face many barriers to em- home to Maxwell Air Force Base and the Air Anthony was assigned to the Army’s 4th In- ployment, including everything from transpor- University. It is without a doubt the crown fantry Division for a six-month deployment in tation to contending with the prevailing attitude jewel in Air Force excellence and base oper- Iraq. While there, he was an Air Mission Com- surrounding the disabled, but many of them ations. This didn’t just happen by accident. mander whose team flew over 80 combat mis- want to work. They want the opportunity. The Many people have played major roles in build- sions. Anthony’s unit participated in Task key is to focus on the abilities of the person, ing the necessary synergy of local and federal Force Iron Horse, the operation responsible not the disabilities. support to transform Maxwell and Montgomery for seizing numerous airfields and countless This effort to educate the American public into the success stories they are today. One of weapons throughout Iraq. In addition, he about issues related to disability and employ- those key players is Jim L. Ridling, who is re- played a role in securing the border between ment actually began in 1945, when Congress tiring from Southern Guaranty Insurance. Iran and Iraq. enacted a law declaring the first week in Octo- As the Montgomery Area Chamber of Com- Mr. Speaker, I am proud to pay tribute to ber each year ‘‘National Employ the Physically merce points out, senior Air Force leaders Captain Anthony Somogyi’s courageous serv- Handicapped Week.’’ In 1962, the word ‘‘phys- continue to praise the excellent relationship ice. His selfless desire to protect the freedom ically’’ was removed to acknowledge the em- between the Montgomery and Maxwell-Gunter of all Americans is a reflection of his unwaver- ployment needs and contributions of individ- as the best in the Air Force. No doubt, some ing love for our country. I am extremely proud uals with all types of disabilities. In 1988, Con- of that praise goes to the man who twice pre- of Anthony and his fellow servicemen and gress expanded the week to a month and sided over the ‘‘Wright Flyers’’, served as women, Thank you and welcome home. changed the name to ‘‘National Disability Em- chairman of the Montgomery Area Chamber. f ployment Awareness Month.’’ This year’s of Commerce’s Military Council, and labored theme for National Disability Employment as a member of the Executive Committee of RECOGNIZING JASON THOMAS Awareness Month was ‘‘America Works Best the Montgomery Air Force Association. HANSER FOR ACHIEVING THE When All Americans Work.’’ Jim Ridling has worked behind the scenes RANK OF EAGLE SCOUT I am also grateful to Wayne McMillon, CEO and sometimes out front to make sure the of the Bobby Dodd Institute, Lori Nipp, Board needs of Maxwell and other area defense ac- HON. SAM GRAVES Member of the Bobby Dodd Institute, Megan tivities were met both locally and in Wash- OF MISSOURI Dakake of the Bobby Dodd Institute and Doro- ington. This is no small task and the rewards IN THE HOUSE OF REPRESENTATIVES thy Cochran, CEO of Clayton County Worktec are big as Montgomery continues to enjoy a who work actively to prepare individuals with local defense economic impact of well over $1 Tuesday, November 18, 2003 disabilities for employment, to expand employ- billion annually. Mr. GRAVES. Mr. Speaker, I proudly pause ment opportunities available to them and to All I have mentioned really doesn’t begin to to recognize Jason Thomas Hanser, a very improve the quality of life for people with dis- scratch the surface of Jim’s community serv- special young man who has exemplified the abilities in Georgia. Each of these individuals ice. He’s also a member of the Board of Direc- finest qualities of citizenship and leadership by work on behalf of the Javits-Wagner-O’Day tors of the Business Council of Alabama, a taking an active part in the Boy Scouts of Program which provides employment opportu- member of Board of Directors of the Mont- America, Troop 66, and in earning the most nities for nearly 40,000 Americans who are gomery Area Chamber of Commerce, a mem- prestigious award of Eagle Scout. blind or have other severe disabilities. ber of the Board of Directors of the Mont- Jason has been very active with his troop, The Javits-Wagner-O’Day (JWOD) Program gomery Museum of Fine Arts, a member of participating in many Scout activities. Over the uses the purchasing power of the Federal the School of Business Advisory Council of 7 years Jason has been involved with Scout- Government to buy products and services Troy State University, and a member of the ing, he has earned 37 merit badges and has from participating, community-based nonprofit Board of Directors of the Boy Scouts of Amer- held numerous leadership positions, serving agencies dedicated to training and employing ica. And this remarkable record doesn’t even as assistant senior patrol leader, patrol leader, individuals with disabilities. In the United include his ‘‘real’’ job.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.048 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2331 This week we pause to honor Jim Ridling as was wounded or killed. The only Marine able Rollcall vote 622, on H. Con. Res. 299, hon- he retires from the post of President and CEO to fight, Paige moved up and down the line oring Mr. Sargent Shriver, I would have voted of Southern Guaranty Insurance Company in pulling the dead and wounded back into their ‘‘yes.’’ Montgomery. Jim was never content with foxholes. Sergeant Paige held the Japanese Rollcall vote 623, on the motion to change building Southern Guaranty into a business Army back by firing short bursts from each of the convening time, I would have voted ‘‘yes.’’ success. He also focused his sights on mak- the four water-cooled Browning machine guns f ing Montgomery a continued success. And we that his platoon had been given to defend the are ever grateful. I wish him and his wife critical ridge. His actions convinced the Japa- COMMENDING THE RECORDING Catherine all the best, but I somehow believe nese that the crest of the hill was well de- ACADEMY ON THE ANNOUNCE- that Jim’s days of service to Montgomery are fended. In truth, it was, defended by a single MENT OF ITS CULTURAL POLICY far from over. Marine named Platoon Sergeant Mitchell INITIATIVE f Paige. Sergeant Paige’s heroism did not end there. HON. KAREN McCARTHY TRIBUTE TO COLONEL MITCHELL In the morning mist, near the end of the fight- OF MISSOURI PAIGE ing, Sergeant Paige grabbed one of the water- IN THE HOUSE OF REPRESENTATIVES cooled Brownings, a job for which the weapon Tuesday, November 18, 2003 HON. MARY BONO was never designed, and walked down the hill OF CALIFORNIA towards the location of the enemy who were Ms. MCCARTHY of Missouri. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES preparing to outflank his position. Firing as he rise today to commend the National Academy of Recording Arts and Sciences, also known Tuesday, November 18, 2003 went, Sergeant Paige took out the remaining enemy forces on the ridge. Later, joined by a as the Recording Academy, on the announce- Mrs. BONO. Mr. Speaker, I rise today to makeshift line consisting of communication ment of the GRAMMY Cultural Policy Initiative. recognize and pay tribute to the life of one of personnel, riflemen, runners, cooks and The Recording Academy is dedicated to im- our nation’s greatest, and most decorated, war messman, Sergeant Paige led a bayonet proving the quality of life and cultural condition heroes Marine Colonel Mitchell Paige. Colonel counterattack against the enemy. The counter- for music and those who make it. An organiza- Paige passed away this past weekend on No- attack was successful and the Japanese tion of 18,000 musicians, songwriters, pro- vember 15, 2003 in his home in La Quinta, forces, having suffered staggering losses, re- ducers and other recording professionals, the California. He is survived by his wife Marilyn, ceded all because a single Marine fought with Recording Academy is internationally known his six children, fifteen grandchildren and six valor and distinction on a small island a little for the GRAMMY Awards, and is responsible greatgrandchildren. I want to extend my deep- over sixty-one years ago. for numerous groundbreaking outreach, pro- est condolences to Marilyn, who is a wonder- After the Battle of Guadalcanal, Colonel fessional development, cultural enrichment, ful woman and whom I know Colonel Paige Paige continued to serve in the Marines for education and human services programs. loved very deeply, as well as her entire family. another twenty-two years. His service and love An outstanding example of the Recording Colonel Paige served with distinction in the of country can best be summed up in his own Academy’s commitment to music is the Na- Marine Corps for nearly twenty-eight years words: ‘‘I am proud to be a citizen of a nation tional Recording Registry at the Library of with a career that spanned from the date of whose objective is peace and goodwill for all Congress. It was an honor for me to be a his enlistment on September 1, 1936 to his re- mankind. A nation which has contributed so sponsor with Representative STENY HOYER of tirement on July 1, 1964. The numerous much for the benefit of peoples all over the the National Recording Preservation Act of awards and medals bestowed upon Colonel world. A nation, under God, with liberty and 2000 which established the registry. The Re- Paige included the Medal of Honor, the Purple justice for all. I am proud to be an American. cording Academy now works with the Library Heart, and the Presidential Unit Citation. I can never believe it is old fashioned to love of Congress to ensure the preservation of our President Franklin D. Roosevelt bestowed our Flag and Country nor can I ever believe it national audio heritage for the enjoyment and the Medal of Honor, the highest award for is being square to stand in readiness behind education of generations to come. As a result valor given a member of the U.S. Armed our Flag to defend those ideals for which it of these efforts the National Recording Reg- Forces, on then Platoon Sergeant Paige for stands against all enemies, foreign and do- istry at the Library of Congress includes early his heroic actions on October 26, 1942 during mestic.’’ recordings by ragtime composer Scott Joplin, World War II’s Battle of Guadalcanal. His ca- America owes Colonel Paige a debt of grati- inventor Thomas Edison, and singer Bessie reer and service to our nation are so exem- tude. His actions, the actions of a single Ma- Smith, plus more recent works by Bob Dylan, plary that the Commandant of the Marine rine, most certainly turned the tide in the Pa- Aretha Franklin, and Frank Sinatra. Corps, Gen. Michael W. Hagee, added Colo- cific Conflict during World War II. His actions The first 50 recordings in the National Re- nel Paige’s autobiography, ‘‘A Marine Named saved countless lives of American servicemen cording Registry truly represent the breadth Mitch,’’ to the U.S. Marine Reading Program. and his actions quite literally won the War. Mr. and brilliance of our recorded heritage in both His actions are so legendary that the Hasbro Speaker, I rise today to recognize and pay music and the spoken word, and each year Toy Company used his likeness for their 1998 tribute to the life of a man who lived with valor more landmark recordings will be preserved Medal of Honor GI Joe model. and honor, a man who loved his country and and protected through their addition to the Words cannot justly describe the valor and fought bravely defending her, a man who was Registry. steadfastness to duty that were displayed by a patriot and an American Hero, Marine Colo- To further advance its cultural mission, the Colonel Paige during the Battle of Guadal- nel Mitchell Paige. Recording Academy unveiled its GRAMMY canal. To understand his heroism, one must Cultural Policy Initiative on September 17 in f first understand the importance of the airstrip Washington. Neil Portnow, President of the that his Marine Platoon fought to control dur- PERSONAL EXPLANATION Recording Academy, launched this Initiative ing the fall of 1942. During that fall, the Japa- on behalf of NARAS to advance the rights of nese Army was building an airstrip in the Sol- HON. SUE WILKINS MYRICK recording artists through advocacy, education omon Islands from which they would be able OF NORTH CAROLINA and dialogue. Coordinated by Daryl Friedman, to disrupt communication and supply lines be- IN THE HOUSE OF REPRESENTATIVES Senior Executive Director of the Washington tween the United States, Australia and Great office of the Recording Academy, the advo- Britain. On August 7, 1942, in a surprise at- Tuesday, November 18, 2003 cacy team will utilize its chapters and mem- tack, the Marines landed and quickly seized Mrs. MYRICK. Mr. Speaker, I was unable to bership nationwide to educate the public control of the field. The Marines completed participate in the following votes due to a per- through seminars and other grassroots events. construction and put the field into operation. In sonal matter that kept me at home. If I had The Academy is also set to launch the the battles that followed, the two sides contin- been present, I would have voted as follows: GRAMMY Town Hall, a nationwide series of ued to struggle for control of the island. Rollcall vote 620, on S.J. Res. 22, recog- discussions with music industry leaders on On October 26, 1942, Platoon Sergeant nizing the Agriculture Research Service of the critical issues such as file sharing, copyright Paige led his platoon of thirty-three men in de- Department of Agriculture, I would have voted protection, and intellectual property. fending the critical ridge from which the op- ‘‘yes.’’ Mr. Speaker, the importance of music to my posing forces planned to launch their final as- Rollcall vote 621, on S.J. Res. 18, com- life and to the lives of people around the world sault against the airfield. During the fighting, mending the Inspectors General, I would have cannot be overstated. Music transcends bor- each and every member of Paige’s platoon voted ‘‘yes.’’ ders and breaks down cultural barriers. Young

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Americans reap the lifetime benefits from resenting tenants in three of the city’s top 10 LETT in asking the members appointed as con- music instruction in our schools. Music creates deals last year. The firm’s retail brokers have ferees of H.R. 1904 to preserve the language, timeless memories. Music strikes a chord in all also won the coveted Real Estate Board of approved by our Senate colleagues, enhanc- of us. New York (REBNY) Retail Deal of the Year ing the penalties for interstate commerce in We must also recognize the economic im- Award every year since the award’s inception. cockfighting and dog fighting. Our freestanding pact of music. One of the bright spots of the Cushman & Wakefield is New York City’s larg- legislation (H.R. 1532), which I have co-spon- U.S. trade economy is our recording industry. est property manager, managing approxi- sored with Mr. BARTLETT, already has the bi- Recorded music generates a trade surplus for mately 52 million square feet of property. our nation and is one of America’s leading ex- Founded in New York City in 1917, Cushman partisan support of 122 cosponsors, and we ports, touching virtually every nation on the & Wakefield now operates 163 offices in 49 are confident of the strong support for this leg- planet. countries and employs over 11,000 profes- islation in the House. The House has also pre- Mr. Speaker, please join me in recognizing sionals. viously approved an amendment to the farm Mr. Portnow, Mr. Friedman and Recording Ken Krasnow, Senior Managing Director for bill that covered the core provision of our leg- Academy Chairman Dan Carlin for launching the New York Metro Region, joined Cushman islation: increasing the maximum jail time to this important initiative. & Wakefield in 1987 and spent ten years as allow for the imposition of felony-level pen- f a commercial leasing broker in Midtown Man- alties for violations of Section 26 of the Animal hattan. Mr. Krasnow rose through the ranks, Welfare Act. PERSONAL EXPLANATION serving as Director of Business Development and Regional Managing Director for Cushman We are not aware of any organizational op- HON. LINDA T. SA´ NCHEZ & Wakefield’s Stamford and Long Island of- position to the legislation, except from groups OF CALIFORNIA fices before his promotion to Senior Managing and individuals directly involved in dogfighting IN THE HOUSE OF REPRESENTATIVES Director. Mr. Krasnow has responsibility for and cockfighting activities. On the other hand, Tuesday, November 18, 2003 the firm’s offices in midtown and downtown we have secured endorsements from a wide ´ Manhattan, White Plains, NY, Stamford, CT, range of veterinary, animal welfare, agricul- Ms. LINDA T. SANCHEZ of California. Mr. and Melville, Long Island, with approximately Speaker, in order to deal with the recent tural, and law enforcement organizations. In 175 brokers generating $200 million in annual fact, more than 80 state and local law enforce- floods that struck the Lynwood, South Gate, revenue. Recently named one of Real Estate ment agencies have endorsed this legislation, Watts, and Willowbrook areas of my district, I New York’s ‘‘40 under 40’’ and one of Real was absent for rollcall vote 620 on S.J. Res. Estate Forum’s ‘‘next great leaders,’’ Mr. as a necessary complement to their law en- 22, recognizing the Agricultural Research Krasnow is responsible for the strategic direc- forcement efforts. Service; rollcall vote 621 on S.J. Res. 18, tion, business growth and development at We believe that animal welfare warrants commending the service of Inspectors Gen- Cushman & Wakefield as well as profitability passage of the legislation. Both dogfighting eral; rollcall vote 622 on H. Con. Res. 299, of the region for the firm. and cockfighting involve animals pumped up honoring Sargent Shriver; and rollcall vote 623 Despite his heavy business obligations, Mr. with stimulants to make them more aggres- on the motion to change the meeting times for Krasnow has made time for civic and chari- sive, whose handlers force them to keep fight- Tuesday, November 18, 2003, to 10 a.m. for table works. He is active in numerous organi- ing even as they suffer terrible injuries. Chil- Morning Hour and 11 a.m. for legislative busi- zations, including REBNY, YM/WREA and the dren are often exposed to these violent spec- ness. Westchester County Association, and serves Had I been present, I would have voted as a member of the boards of the National tacles and taught that such animal suffering is ‘‘aye’’ on each of these rollcall votes. Conference for Community and Justice, St. enjoyable entertainment. Some dogfighters f Mary’s Foundation for Children and the Ave- steal family pets to use as bait for training their dogs. Others abandon their fighting dogs, PERSONAL EXPLANATION nue of the Americas Association. I would also like to commend the 23rd leaving them to roam and wreak havoc in our Street Association for its success in enhancing neighborhoods, or end up at animal shelters HON. SOLOMON P. ORTIZ the quality of life for families and businesses where they cannot be adopted due to their ag- OF TEXAS in the area bounded by the Hudson and East gressive training. All in all, animal fighting is a IN THE HOUSE OF REPRESENTATIVES Rivers from 17th to 28th Street. Incorporated brutal business that merits serious penalties. Tuesday, November 18, 2003 in 1929 by 22 local business people, today’s However, there is also an economic reason Mr. ORTIZ. Mr. Speaker, due to official busi- 23rd Street Association has approximately 300 members. Their projects include conducting to enact this legislation. In the fall of 2002, ness in my district, I was unable to vote during there was an outbreak of Exotic Newcastle the following rollcall votes. Had I been business-training programs in local junior high Disease in southern California. The California present, I would have voted as indicated schools, mobilizing the community to support below. a $2.5 million renovation of Madison Square state veterinarian has documented that the Rollcall No. 620, ‘‘yes’’; rollcall No. 621, Park, working with the local police to combat network of cockfighting enthusiasts in the ‘‘yes’’; rollcall No. 622, ‘‘yes’’; and rollcall No. drug dealing and other crime, and developing Southwest was primarily responsible for the 623, ‘‘yes.’’ annual summertime concert programming and dramatic spread of this avian disease—which f children’s entertainment in the community. resulted in quarantines in California, Arizona, The Association is fortunate to represent in- Nevada and Texas, and an extreme disruption IN RECOGNITION OF THE 23RD dividuals and organizations that are so com- of normal agricultural practices. Before the STREET ASSOCIATION mitted to the advancement of their community. containment effort was completed, the federal In recognition of the invaluable contributions and the selfless efforts of tonight’s honorees, government spent $200 million on containment HON. CAROLYN B. MALONEY and compensation, and ordered the killing of OF NEW YORK I ask that my colleagues join me in saluting 3.8 million birds, primarily from commercial IN THE HOUSE OF REPRESENTATIVES the 23rd Street Association on 74 extraor- poultry operations. As a result, the Texas Tuesday, November 18, 2003 dinary years of service to the community. f Poultry Federation and other agricultural orga- Mrs. MALONEY. Mr. Speaker, I rise to pay nizations have embraced our legislation. By in- APPOINTMENT OF CONFEREES ON tribute to the 23rd Street Association on the creasing the penalties for animal fighting, we occasion of their Annual Award Luncheon. H.R. 1904, HEALTHY FORESTS RESTORATION ACT OF 2003 may be able to shrink the size of the cock- This year, the 23rd Street Association is hon- fighting industry and prevent future outbreaks oring Cushman & Wakefield and Kenneth of END, or other diseases that jeopardize our Krasnow for their dedication and service to the HON. ROBERT E. ANDREWS agriculture industry. community. OF NEW JERSEY Named New York Top Tenant-Rep Firm on IN THE HOUSE OF REPRESENTATIVES I thank the conferees for their consideration Co-Star’s Top 50 Manhattan Office Leases Tuesday, November 18, 2003 and hope that they will agree to include the list, Cushman & Wakefield is the largest New Mr. ANDREWS. Mr. Speaker, I would like to Senate-passed animal fighting provisions in York-based commercial real estate firm, rep- join with my colleague, the Honorable BART- the final Healthy Forests legislation.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.054 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2333 A BILL TO EXPAND THE TAX BEN- HONORING THE GRAND OPENING cases, a sole breadwinner is deployed, mak- EFITS FOR THE NEW YORK LIB- OF EXCHANGE CITY—NEW ORLE- ing it difficult on their family left behind to cope ERTY ZONE ANS with medical bills or other unexpected expenses. HON. DAVID VITTER Today, I would like to recognize an effort undertaken by local radio and television sta- HON. AMO HOUGHTON OF LOUISIANA tions to help address these issues. The Na- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK tional Association of Broadcasters is leading IN THE HOUSE OF REPRESENTATIVES Tuesday, November 18, 2003 its local television and radio stations in a part- Mr. VITTER. Mr. Speaker, I rise today to nership with the Armed Forces Relief Trust to Tuesday, November 18, 2003 honor the grand opening of Exchange City— raise funds for military families in need. New Orleans, which took place on November By producing, distributing and airing radio Mr. HOUGHTON. Mr. Speaker, today I am and television Public Service Announcements, joined by my colleague from New York, Mr. 5th, 2003 at the City Park Campus of Delgado Community College. Through the partnership the NAB and its radio and television broadcast RANGEL, in introducing a bill to extend the pe- of Junior Achievement and the Learning Ex- members are helping raise funds for those riod that the New York Liberty Zone bonds military families in need. change, every fifth grade student in a 12-par- can be issued by New York State and New Last year, the four emergency assistance ish area of Southeast Louisiana will have the programs representing the Army, Navy, Air York City, and to make other changes that opportunity to experience first-hand how our would enhance the tax provisions that were in- Force, and Marine Corps distributed more American free enterprise system works and than $109 million in interest-free loans and cluded in the original New York Liberty Zone the effects of the economy on their everyday grants to military families. Now that the four Benefits legislation. The provisions were part lives. programs have combined efforts in one Trust, of the Job Creation and Worker Assistance As the first Exchange City in Louisiana and and more importantly, now that the trust is re- Act of 2002, enacted on March 9, 2002, in the 18th Junior Achievement Exchange City in ceiving generous access to the airwaves to order to aid in the rebuilding of downtown New the United States, this 10,000 square foot in- get out its message, they will undoubtedly be York City after the devastation caused by the door virtual city is equipped with sidewalks, a able to provide even more assistance. September 11, 2001, terrorist attack. town square, a City Hall, and fourteen busi- Mr. Speaker, all of us count on our service nesses. The Exchange City program includes people who are far from home protecting us. A loud thank you to the Congress for pass- a six-week curriculum covering English, Lan- Their families are enduring enough hardship in ing the original legislation. The benefits con- guage Arts, Reading, Mathematics, Econom- waiting for them to return. It is incumbent upon tained in the package were important and ics, Civics, and Data Analysis material. Fifth all of us to ensure their families do not want needed. The Liberty bonds have been an in- grade teachers will receive training on this cur- financially during this most difficult time. valuable tool for those developments already riculum and teach it to their students before I would like to compliment the local radio assisted. They have been utilized, but not to their one-day visit to Exchange City. and television stations that are involved in this the full extent, primarily due to the economic During their one-day trip to Exchange City, effort. As small business people, they are downturn that was underway and accelerated students will elect a judge and a mayor to pre- dedicating a valuable resource—airtime—to a after the tragedy. While the market for new side over their city. They will apply for jobs, re- timely and important cause. I salute their efforts. commercial real estate has been weak, it is ceive pay checks, and take out loans to run their businesses. Students will operate a estimated the bond allocation for residential f broadcast center with radio and television sta- H. CON. RES. 288, HONORING SEEDS projects will be exhausted by the end of next tions and learn about paying utility bills. OF PEACE FOR ITS PROMOTION year. This innovative hands-on program is a won- OF UNDERSTANDING, RECONCILI- The changes requested include: (1) extend derful opportunity for students in Southeast ATION, ACCEPTANCE, COEXIST- Louisiana to learn the importance of edu- the Liberty bonds expiration date to December ENCE, AND PEACE AMONG cation. They will discover how the material 31, 2009 from December 31, 2004 to reflect a YOUTH FROM THE MIDDLE EAST they are learning in their classrooms directly more realistic time line for the recovery of the AND OTHER REGIONS OF CON- applies to the real world. I commend Junior commercial real estate market in New York FLICT City, (2) increase the amount of the Liberty Achievement and all supporters of Exchange City—New Orleans for providing our children bonds that can be used for residential devel- with such an outstanding and practical edu- HON. JOSEPH CROWLEY opment projects from $1.6 billion to $3.0 billion cational experience. OF NEW YORK to provide more flexibility to accommodate IN THE HOUSE OF REPRESENTATIVES f greater than expected demand for new hous- Tuesday, November 18, 2003 ARMED FORCES RELIEF TRUST ing in Lower Manhattan, (3) eliminate the Mr. CROWLEY. Mr. Speaker, I rise in strong PSA PROGRAM 100,000 square foot minimum for non-public support of H. Con. Res. 288, Honoring Seeds utility projects outside the Liberty Zone, which of Peace for its promotion of understanding, has greatly hindered the development of much HON. FRANK PALLONE JR. reconciliation, acceptance, coexistence, and needed smaller utility projects, and (4) a tech- OF NEW JERSEY peace among youth from the Middle East and nical correction to Section 1400L(c), which IN THE HOUSE OF REPRESENTATIVES other regions of conflict. would permit eligible entities to ‘‘opt out’’ of Tuesday, November 18, 2003 I am a strong supporter of Seeds of Peace, which brings youngsters from conflict areas to- the mandatory provision stating that taxpayers Mr. PALLONE. Mr. Speaker, I rise today to must depreciate their Liberty Zone leasehold gether to literally sow the seeds of peace and recognize a program that provides an impor- to develop the next generation of leaders. I improvements over an accelerated five year tant service to the men and women serving in have had the privilege of working with Seeds term. The latter change would be retroactive our military. of Peace during my time in Congress and and would be consistent with other similar ac- With our armed forces deployed for ex- have seen the benefits of this program. celerated depreciation laws, and allows tax- tended tours of duty in both Iraq and Afghani- During July, Seeds of Peace had a break- payers to depreciate property over the normal stan, the pressures placed on family members fast in Congress and I was able to participate depreciation period. left behind can be enormous. The longer our and eat with several campers. During the These changes are in the spirit of the origi- fighting men and women are stationed abroad, breakfast I had the opportunity to speak with the more these needs continue to escalate. nal legislation. They merely reflect the different several second year campers. Two of these Today, more than 140,000 troops are fight- campers were an Israeli and a Palestinian, conditions, which exist now that did not exist ing the war on terrorism in Iraq, in Afghani- these two boys had become close friends and in March of 2002. So in essence, we believe stan, and around the world. they told me that regardless of the violence they are important to the recovery of New Many of our brave men and women have going on around them at home they still made York City. They will help to ensure the full utili- now been deployed much longer than ex- efforts to see each other. zation of the tax benefits provided in the origi- pected. Some active units served in Afghani- They told me about the difficulties they nal Liberty Zone legislation. We urge our col- stan, returned home for six months, and were sometimes faced when security was tight en- leagues to support this important legislation. immediately re-deployed to Iraq. In many tering Israel but they still made their efforts to

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.059 E19PT1 E2334 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 stay in contact. The boys told me that while retirement from the union by coming together on its 75th Anniversary and to thank the orga- they don’t agree on everything they still work to pay tribute to Charlie and his lifelong com- nization for the high-quality music with which together to find a solution to whatever problem mitment to and leadership in the labor move- it has provided its community. may arise, they are able to work it out. ment. The Gearhart String Ensemble was founded Mr. Speaker, whether they are Arab or Jew, Over the past 45 years, Charlie Iversen has in the early years of the twentieth century Greek or Turkish, Protestant or Catholic, In- worked tirelessly on behalf of the men, upon the tradition of the early railroad bands dian or Pakistani, bringing people together will women, and families in Plumber’s Local No. and orchestras that were abundant throughout achieve a lasting return in understanding and 14. Using his administrative experience and central Pennsylvania at that time. In 1928, the toleration. talent for creative leadership to greatly im- then strictly volunteer orchestra compiled of 24 I firmly believe that by working together, prove the work environment and expand the musicians made its debut under the direction conflict can be overcome. The United States business interests for plumbers throughout of Russell Gearhart. Since then, it has grown Congress, and our country should continue to Northern New Jersey, Charlie has left an in- to employ more than 75 musicians and was support these people to people partnerships, delible mark on the lives of many, dem- renamed the Altoona Symphony Orchestra. which lay the groundwork for cooperation, co- onstrating the positive difference that a single Although 75 years have passed, the orches- existence and ultimately peace in the future. person can make. It is therefore only fitting tra maintains its youthful fervor with its diverse that he be recognized in this, the permanent f repertoire and inspiring attitude. The con- record of the greatest freely elected body on stantly changing roster of nationally and inter- TRIBUTE TO FRED AND ROXY earth. nationally renowned guest artists renders a In 1955, Charlie Iversen embarked upon LIGRANI different sound for every concert, keeping the what would become a distinguished career in the field of plumbing engineering when he audience attentive and entertained. With this HON. SCOTT McINNIS took a position with William Zabransky Jr., Inc. vast array of musical talent, the symphony or- OF COLORADO During his time in the employ of William chestra provides an invaluable cultural experi- IN THE HOUSE OF REPRESENTATIVES Zabransky, Charlie joined Local No. 326 as an ence to the communities of Central Pennsyl- Tuesday, November 18, 2003 Apprentice, and pursued certification in a UA vania through its mastery of classical music Training Program at Purdue University. Upon pieces. Mr. MCINNIS. Mr. Speaker, it is with great his graduation from Purdue, he became an in- The orchestra continues to produce music pride that I rise today to recognize Fred and structor at Plumber’s Local No. 14 Training that rivals the masterful and highly acclaimed Roxy Ligrani of Grand Junction, Colorado. As School while continuing to augment his own sound of the Boston Pops, and is recognized farmers, Fred and Roxy have spent six dec- personal education at Kean College, Rutgers as one of the outstanding Pennsylvania sym- ades working tirelessly to feed their fellow University, William Paterson College, and phony orchestras. As a result of the dedicated, countrymen. They are making a difference in Fairleigh Dickinson University. hard work of its Board of Trustees, the orches- their community and touching the lives of their In 1982, after 27 years as an esteemed em- tra has progressed immensely, and it will un- many neighbors in the Grand Valley. I would ployee of William Zabransky, Jr., Inc., Charlie doubtedly continue to do so under its guid- like to honor their accomplishments today be- was elected to the position of Business Agent ance and leadership. I congratulate the Al- fore this body of Congress and this nation. of Plumber’s Local No. 14. In this capacity, toona Symphony Orchestra on a wonderful 75 For the Ligrani brothers, farming runs in Charlie exhibited his diligence as an adminis- years and look forward to its sounds of tomor- their blood; they grew up tending vegetables. trator and his boundless enthusiasm as a row. Fred and Roxy’s grandfather, Rocco, bought spokesman for the business interests of Local f land in Grand Junction and developed it as a No. 14, leading him to be named the Union’s homestead in 1906. Respect and appreciation Business Manager/ Administrator in 1996. PERSONAL EXPLANATION for the land, as well as knowledge of how best Perhaps most inspiring is the way in which to cultivate it, are a rich heritage that the Charlie Iversen has balanced his love for his HON. LUIS V. GUTIERREZ Ligrani family passes on from generation to work with his interest in furthering the cause of OF ILLINOIS generation. the labor movement. As an active member of IN THE HOUSE OF REPRESENTATIVES Fred and Roxy’s dedication to farming is the American Society of Plumbing Engineers, evident from their customer’s loyalty. The a former Vice President of the New Jersey Tuesday, November 18, 2003 Ligranis have been recognized by American State Association of Pipe Trades, a Trustee of Mr. GUTIERREZ. Mr. Speaker, I was un- Vegetable Grower Magazine three times in the Plumber’s Local No. 14 Pension, Welfare, avoidably absent from this Chamber on No- past. Even as the Grand Valley becomes ur- Education, and Annuity Funds, and a Treas- vember 17, 2003. I would like the record to banized, the Ligrani brothers remain focused urer of Local No. 14’s Political Action Com- show that, had I been present, I would have on producing quality produce. They have mittee, Charlie has worked hard to ensure that voted ‘‘yea’’ on rollcall votes 620, 621, 622 maintained this dedication for 60 years. members of Local No. 14 receive the rep- and 623. Mr. Speaker, Fred and Roxy Ligrani have resentation and benefits that they deserve. f shown an extraordinary dedication to the citi- Through word and deed, Charlie has spent the zens of Grand Junction. Their strenuous ef- last 45 years demonstrating that the only real HONORING SOUTHERN CALIFORNIA forts offer hope to a world that is increasingly success in life comes from a whole-hearted FIRE FIGHTERS dependent on technology. These two talented commitment to serving the members of the and determined men are a shining example of community in which you live and work. HON. HILDA L. SOLIS the rewards of hard work and perseverance. It Mr. Speaker, the job of a United States OF CALIFORNIA Congressman involves so much that is re- is my great honor to recognize the Ligranis IN THE HOUSE OF REPRESENTATIVES warding, yet nothing compares to recognizing before this body of Congress and this nation Tuesday, November 18, 2003 today. I wish them all the best in the future. the extraordinary efforts of individuals like Charlie Iversen. I ask that you join our col- f Ms. SOLIS. Mr. Speaker, I rise today to leagues, the members of the Plumber’s Union speak about the courage of fire fighters from TRIBUTE TO MR. CHARLES P. Local No. 14, Charlie’s family and friends, and Los Angeles County Fire Department. Fire- IVERSEN me in recognizing Charles P. Iversen for his fighters in my community, from the cities of outstanding service to the families of Local 14. Azusa, Baldwin Park, Bradbury, Claremont, HON. BILL PASCRELL, JR. f Covina, Duarte, El Monte, Glendora, Irwindale, OF NEW JERSEY TRIBUTE TO THE ALTOONA Rosemead, San Dimas, South El Monte, Tem- IN THE HOUSE OF REPRESENTATIVES SYMPHONY ORCHESTRA ple and Unincorporated areas of Los Angeles County, fought the fires and saved the lives Tuesday, November 18, 2003 and homes of countless people. Had it not Mr. PASCRELL. Mr. Speaker, I would like to HON. BILL SHUSTER been for the rapid response and bravery of OF PENNSYLVANIA call your attention to an exceptional individual firefighters, the loss of life, the damage to resi- IN THE HOUSE OF REPRESENTATIVES who I have long been proud to call my friend, dents, housing, and commercial property Mr. Charles P. Iversen. On Friday, November Tuesday, November 18, 2003 would have been much worse. 21, 2003, members of the Plumber’s Union Mr. SHUSTER. Mr. Speaker, I rise today to I am hopeful that if we learn one lesson Local No. 14 will celebrate Charlie Iversen’s congratulate the Altoona Symphony Orchestra from this horrible disaster, it will be that more

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.062 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2335 financial resources need to go towards helping sequences are devastating. The injured tissue of this championship team include Seniors fire departments protect people. According to soon rots away, leaving a perforation, or fis- Tara McMinn (Captain), Megan Goss, Laura the Forest Service, more than 90 percent of tula which causes the woman to lose control Madden, Meredith Orr, Katie Criswell, Jordan wild land fires are the result of human activity, over urination and/or bowel function. Because Rackley, and Sara Kylor; Juniors Hadley Ham- and fires are almost twice as likely to start of a lack of understanding about the cause mers, Bethany Kozak, and Jenna Sheffield; near roads than in the wilderness. and treatment of fistulas, women who are fis- Sophomores Olivia Hallahan and Emily Kemp; Even though they are adjacent to some of tula sufferers are often abandoned by their and Freshman Greta Gibboney. Congratula- America’s largest communities, Southern Cali- husbands, forced out of their homes, and os- tions one and all. fornia forests only receive a fraction of the tracized by family. money they need to manage fire every year. Although currently virtually unknown in the f Last year, Southern California forests received western world, fistulas were once common in only $4 million out of the $53 million spent on the United States and Europe before the ad- PERSONAL EXPLANATION California fire reduction—a mere 8 percent of vent of widespread maternal healthcare and the fire funding distributed to California’s Na- hospital births. The current estimates of one HON. ROBERT MENENDEZ tional Forests. million fistula sufferers may be very conserv- The Southern California fires demonstrate ative. Actual sufferers may number over 3 mil- OF NEW JERSEY that the federal government must spend its fire lion throughout the developing world. This suf- IN THE HOUSE OF REPRESENTATIVES fering can be readily ameliorated with recon- management dollars near communities. Fire- Tuesday, November 18, 2003 fighters should not be put in harms way when structive surgery. Fistula surgical repair has up we can prevent future tragedies by making to a 90 percent success rate and ranges in Mr. MENENDEZ. Mr. Speaker, yesterday I communities near forest areas. cost from $100–$400. Although this surgery is was tending to official business and was not Our Nation is blessed with brave men and inexpensive by American standards, for present for Roll Call Votes 620 through 623. women who protect our homeland from every women in the developing world, this cost is The votes were on Senate Joint Resolutions potential danger and the risk of their own safe- prohibitive. Even if the surgery is affordable, 22 and 18, House Concurrent Resolution 299, ty to demonstrate their commitment to the many women in developing countries are ei- and on a motion to the meeting time of the state of California. They are true American he- ther unaware of treatment options or unable to House, respectively. Had I been present, I roes and I thank them on behalf of my con- access treatment. would have voted ‘‘yea’’ on these measures. stituents. A recent report, Obstetric Fistula Needs As- f sessment: Findings from Nine African Coun- f tries, commissioned by the United Nations PERSONAL EXPLANATION Population Fund (UNFPA) details fistula occur- TRIBUTE TO MOTHER ESSIE rence in nine countries in sub-Saharan Africa: BAXTER JONES HON. GINNY BROWN-WAITE Benin, Chad, Malawi, Mali, Mozambique, OF FLORIDA Niger, Nigeria, Uganda and Zambia. There are HON. ZOE LOFGREN IN THE HOUSE OF REPRESENTATIVES currently 35 hospitals in the aforementioned countries which have the capacity to conduct OF CALIFORNIA Tuesday, November 18, 2003 fistula surgery, but are without the financial re- IN THE HOUSE OF REPRESENTATIVES Ms. GINNY BROWN-WAITE of Florida. Mr. sources. Tuesday, November 18, 2003 Speaker, I rise today to make a clarification to The United States House of Representa- my voting record. I returned early this morning tives should address this issue. To that end, I Ms. LOFGREN. Mr. Speaker, I rise to con- from a Congressional Delegation trip to Iraq. am introducing a Sense of the Congress Res- gratulate Mother Essie Baxter Jones, for her Unfortunately, while I was away, I was unable olution which acknowledges the need of the 100th birthday celebration. to cast a recorded vote on three measures U.S. government to take steps to end the Mother Essie Baxter Jones was born the passed yesterday. Had I been present, I would needless suffering of these women. third of nine children on March 23, 1903 in Kil- have voted in favor of: I request that my colleagues support this gore, Texas, Gregg County, Route 1. In 1903, S.J. Res. 22—A resolution recognizing the bill. Route 1 was simply a horse and buggy trail; Agriculture Research Service of the Dept of f today, it is a superhighway, Highway 1252. Agriculture. TRIBUTE TO THE HUNTINGDON Growing up, she worked on a farm where she S.J. Res. 18—A resolution commending the LADY BEARCATS learned about growing cotton, corn, peanuts, Inspectors General. white potatoes, sweet potatoes and water- H. Con. Res. 299—Honoring Mr. Sargent melons, and also helped her father build Shriver. HON. BILL SHUSTER OF PENNSYLVANIA churches throughout the community. f IN THE HOUSE OF REPRESENTATIVES Later on, she operated a successful family ´ SENSE OF THE CONGRESS RESO- Tuesday, November 18, 2003 store and cafe for those who came to work in LUTION TO COMBAT OBSTETRIC the oil fields in Kilgore and afterward built her Mr. SHUSTER. Mr. Speaker, I rise today to FISTULA own cafe´ in Odessa, Texas. She also worked congratulate the Huntingdon Lady Bearcats on in the defense industry sewing tents and cook- their PIAA, Class AA volleyball State cham- HON. EDOLPHUS TOWNS ing for the soldiers in Waco, Texas. pionship. Having moved here in 1963, Mother Essie OF NEW YORK The Bearcats overcame the odds against Baxter Jones has been a resident of San them and handily defeated their competition in IN THE HOUSE OF REPRESENTATIVES Jose, California for 40 years and, throughout the tournament. United behind their strong Tuesday, November 18, 2003 that time, she has been actively involved in coach, Priscilla Gibboney, the high school girls the community, including her work in the Pray- Mr. TOWNS. Mr. Speaker, today, I rise to got everyone involved in each match, allowing er Garden Church of God in Christ and introduce a Sense of the Congress resolution the underestimated team to hand out losses to Templo Juan 3:16 in San Jose, California. which will draw attention to a tragedy which taller, more experienced opponents. affects thousands of women around the world The Huntingdon Lady Bearcats have Her ‘‘secrets’’ for lifelong happiness are: each year. claimed two team State championship titles in ‘‘Honor, obey and respect your mother and fa- Obstetric fistula is a major pregnancy-re- the school’s history, which is a great testimony ther; trust in the Lord and obey His Word; deal lated complication. It occurs when a woman is to the unique character of this team. They fairly with everyone; and save some of the in obstructed and prolonged labor without fought through obstacles and kept their money that you earn.’’ medical help. The prolonged pressure of the composure, and their unwillingness to quit led I want to thank Mother Essie Baxter Jones baby’s head against the mother’s pelvis cuts to their perseverance. I congratulate the Hun- for her many years of service to our commu- off the blood supply to the soft tissues sur- tingdon Lady Bearcats on their State cham- nity and congratulate her on this milestone rounding her bladder, rectum, and vagina. Be- pionship and I look forward to hearing of their birthday, her 100th. Much has changed for the cause of the prolonged and difficult labor, the continued success in next year’s season. better during her lifetime and she contributed baby usually dies. However, if the mother sur- Led by head coach Priscilla Gibboney and to the positive changes. May God bless her vives, the physical and emotional con- assistant coach David Kemp, the 13 members with years of happiness and service.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.066 E19PT1 E2336 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 CONGRATULATING UF’S WOMEN’S Dr. Allen is a pioneer in the field of cardio- Ramoncita (Raye) Maestas, and Dr. Christine TENNIS TEAM vascular disease. A cardiothoracic surgeon by Surawicz for their service and commitment to training, she was recruited in 1985 by the Uni- their profession and to our community. HON. CLIFF STEARNS versity of Washington to develop and head its f cardiac transplant service. This program re- OF FLORIDA CHARITABLE GIVING ACT, H.R. 7 IN THE HOUSE OF REPRESENTATIVES ceived accreditation under Dr. Allen’s leadership, and it has been a strong regional asset Tuesday, November 18, 2003 for many years. Dr. Allen served as director of HON. MARK E. SOUDER Mr. STEARNS. Mr. Speaker, it is with great the program from 1985 to 1996, and also di- OF INDIANA pleasure that I rise today to recognize the rected the Pediatric Cardiac Transplant Pro- IN THE HOUSE OF REPRESENTATIVES 2003 University of Florida women’s tennis gram at Children’s Hospital and Regional Tuesday, November 18, 2003 team, for achieving the highest honor in colle- Medical Center. giate play, the NCAA title. The Gators upset Dr. Allen has been active in numerous pro- Mr. SOUDER. Mr. Speaker, why are we the top-ranked and two time defending cham- fessional and non-profit organizations through- holding the poor hostage? pion Stanford in front of a spirited sellout out her career. Among other positions, she Earlier this year, both the House and the crowd at Linder Stadium at Ring Tennis Com- has served as President of the United Network Senate overwhelmingly passed legislation that plex in Gainesville, Florida. for Organ Sharing (UNOS). Dr. Allen has would provide non-itemizers the ability to claim This week the University of Florida women’s worked diligently to improve access to organ a tax deduction for charitable giving. Yet here tennis team has been invited to The White transplantation and to diminish disparities in we are nearing the end of this session, and House to participate in the 2003 NCAA Spring access across communities. have yet to see a conference committee take Sports Championship Day, recognizing the Dr. Maestas is a family physician at up the legislation. Instead we have seen a NCAA team champions from the 2003 spring Harborview Medical Center in Seattle, and a great deal of negative rhetoric designed not to season. The 2003 Gator team will be UF’s member of the faculty at the University of help the poor of our nations, but to advance fourth national championship team to visit The Washington School of Medicine. Dr. Maestas individual political goals. White House, joining the 1996 football team, has dedicated her professional career to car- The money for social services needs to get the 1998 soccer and 1998 women’s tennis ing for the medically underserved. Following into the hands of the men and women who teams. I congratulate the Women’s Tennis her residency, Dr. Maestas practiced at the are making the biggest impact on the lives of Team on their exceptional 2003 season and SeaMar Clinic, a federally qualified health cen- their communities. If we in Congress are to be wish them the best of luck in 2004. Go Gators! ter serving a largely Hispanic population. She good stewards of the public trust, we have to be certain that the money we dedicate for so- f then practiced and taught at the Providence Family Practice Residency Program within the cial services goes into the hands of the most PERSONAL EXPLANATION Providence health care system, which has a effective organizations. To do otherwise would long history of charitable care in the Seattle be a violation of the public’s trust in us. HON. LUIS V. GUTIERREZ area. Her current practice site, the Harborview What we are talking about with the Chari- table Giving Act, however, is not a case where OF ILLINOIS Medical Center, provides much of the safety we as the Congress have to make a decision IN THE HOUSE OF REPRESENTATIVES net care to Seattle and King County residents. Dr. Maestas is a distinguished educator. about where the money should go. This legis- Tuesday, November 18, 2003 She serves on the faculty at Providence and lation allows individuals across the nation to Mr. GUTIERREZ. Mr. Speaker, I was un- the University of Washington, and is a leader make those decisions. Who better to identify a avoidably absent from this Chamber on May in developing the new medical school cur- communities needs, and the organizations that 13, 2003. I would like the record to show that, riculum at the University of Washington. Dr. are most effectively addressing those needs, had I been present, I would have voted ‘‘yea’’ Maestas also has made significant contribu- than the men and women who live and work on rollcall votes 183, 184, and 185. On May tions to the community. Her prominent work in that community? I believe that the best way 19, 2003, I was also unavoidably absent from on issues of domestic violence and cultural we can help the faith-based and community this Chamber. I would like the record to show competency has gained her national recogni- organizations who need financial assistance is that had I been present, I would have voted tion. to encourage private sector philanthropy for all ‘‘yea’’ on rollcall votes 192, 193, and 194. Fur- Dr. Surawicz is a gastroenterologist and fac- individuals who contribute to charitable organi- thermore, I was absent from this Chamber on ulty member at the University of Washington zations, not just for those who itemize their tax May 23, 2003, and had I been present in this School of Medicine in Seattle. Dr. Surawicz returns. Approximately two-thirds of tax returns Chamber, I would have voted ‘‘nay’’ on rollcall has distinguished herself as a clinician, educa- filed do not claim itemized deductions; there- vote 226. tor, researcher and administrator throughout fore those individuals are unable to deduct f her career at the University of Washington. their charitable giving. The majority of non- She has directed the Gastroenterology Depart- itemizers are low- and middle-income tax- TRIBUTE TO DR. MARGARET ment since 1981, and since 1993 has served payers These are the very taxpayers who ALLEN, DR. RAMONCITA (RAYE) as Section Chief of Gastroenterology at would benefit from the Charitable Giving Act, MAESTAS, AND DR. CHRISTINE Harborview Medical Center, which serves Se- and these are the very people are our best in- SURAWICZ attle and King County. In 2002, Dr. Surawicz dicator of the effectiveness of an organization. was appointed Assistant Dean for Faculty De- This legislation also has included a $150 HON. JIM McDERMOTT velopment in the School of Medicine, a meas- million authorization for the Compassion Cap- OF WASHINGTON ure of the regard for her leadership among her ital Fund. This authorization recognizes the IN THE HOUSE OF REPRESENTATIVES peers. unique contributions of smaller community and Dr. Surawicz is widely recognized in her faith-based service organizations by making it Tuesday, November 18, 2003 field of gastroenterology. She has published possible for these organizations to obtain a Mr. MCDERMOTT. Mr. Speaker, I rise today extensively in national and international peer- grant that they can use to expand their impact to pay tribute to three outstanding physicians, reviewed journals, and has held several on their neighborhoods. Many of our neighbor- Dr. Margaret Allen, Dr. Ramoncita (Raye) board-level positions in national organizations, hood service organizations do not possess the Maestas, and Dr. Christine Surawicz, who including service as President of the American capacity to manage a million dollar grant. This have been nominated for the Local Legends College of Gastroenterology, and as Chair of does not mean that these smaller organiza- project, sponsored by the American Medical the FDA’s Gastrointestinal Drug Advisory tions are not effective. On the contrary, they Women’s Association and the National Library Council. may be the best organizations in town. of Medicine, to celebrate the lives and I am honored to announce the selection of Through the Compassion Capital Fund, inter- achievements of America’s women physicians these physicians, nominated by their peers, mediaries are able to issue smaller grants, around the country. each of whom has made significant contribu- and provide technical assistance that will allow Dr. Allen currently is Medical Director at the tions to her field of medicine and to her com- more organizations the ability to increase their Hope Heart Institute in Seattle, where she munity. These extraordinary women are to be services to the poor. conducts promising research on tissue repair congratulated for their years of dedication and The Charitable Giving Act contains, in large and remodeling in cardiovascular disease, and hard work. I ask my colleagues to join me part, what I believe are the most significant cardiovascular gene therapy. today saluting Dr. Margaret Allen, Dr. ways the Federal Government can lend its

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.072 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2337 support to social service organizations across RECOGNIZING NATIONAL his senior year of high school. He came to my the country. The government can be helpful in DIABETES AWARENESS MONTH office for an appointment to the U.S. Military alleviating some of the problems facing our Academy at West Point. I was proud to nomi- communities today, but we will never have HON. HILDA L. SOLIS nate this ambitious young man who I knew enough resources to help everyone. We need OF CALIFORNIA would distinguish himself at West Point, just to team up with faith-based and community or- IN THE HOUSE OF REPRESENTATIVES as he had done his whole life. ganizations of all types to ensure that no mat- He interned in my office before his senior ter how serious a person’s need, they will Tuesday, November 18, 2003 year at West Point and graduated with a de- have someplace to go for help. That place Ms. SOLIS. Mr. Speaker, I rise today to rec- gree in Political Science on June 1, 2002. He could be the local government agency, it could ognize the month of November as National Di- would often joke that he was going to run for be the local church, or a community center. abetes Awareness Month. my congressional seat someday—I have no Partisan debate, while very entertaining, will An estimated 18.2 million people in the doubt he would have succeeded. After grad- not ultimately help the poor and hurting. Pass- U.S., or 6.3 percent of the population have di- uation, Todd attended the Armor Officer’s ing this legislation will. We all need to work to- abetes. According to the Centers for Disease Basic Course at Fort Knox, Kentucky, grad- gether for the greater good by dropping the Control and Prevention (CDC), while an esti- uating in December 2002. He reported to Fort rhetorical bickering and get this legislation to mated 13 million have been diagnosed with di- Riley, Kansas in January 2003, and was ini- the President’s desk. abetes, 5.2 million do not even realize they tially assigned to Headquarters and Head- are diabetics. The American Diabetes Asso- quarters Company, 1st, Battalion 34th Armor f ciation estimates the economic cost of diabe- Regiment where he served as an Assistant tes in the U.S. in 2002 was $132 billion, or Operations Officer. In April of 2003, Todd was HONORING ROBERT ‘‘BOBBY’’ one out of every 10 health care dollars spent. reassigned to C Company, 1–34 AR where he MCDONNELL Diabetes is the number one disease-related assumed duties as Platoon Leader, 3rd Pla- cause of death in Los Angeles County. In Cali- toon. On August 30, 2003, Todd and Jenifer fornia, more than 1.4 million California adults Reardon were married in Pennsylvania, nine HON. NANCY PELOSI and 12,000 adolescents have been diagnosed days before shipping out with his unit in sup- OF CALIFORNIA with diabetes. Among adults ages 50–64, dia- port of Operation Iraqi Freedom. On Friday, betes prevalence was significantly higher IN THE HOUSE OF REPRESENTATIVES October 31, 2003, Todd was killed by an ex- among African Americans (20.5 percent) and plosive device as his Humvee traveled on a Tuesday, November 18, 2003 Latinos (17.9 percent) than whites (8.3 per- road between Fallujah and Baghdad. He was cent). Additionally, 176,000 adolescents not di- 23 years old. Ms. PELOSI. Mr. Speaker, it is with great agnosed with diabetes were at risk because As we look at the incredibly rich military his- personal sadness that I pay final tribute to a they did not participate in regular physical ac- tory of our country we realize that this history good friend and a great leader in the San tivity and were overweight or at risk for being is comprised of men, just like Todd, who Francisco community—Robert ‘‘Bobby’’ overweight. bravely fought for the ideals of freedom and McDonnell—who died on August 17th. His ex- I have been active in the efforts to combat democracy. Each story is unique and hum- traordinary work in the labor movement and in diabetes because I know the burdens it im- bling for those of us who, far from the dangers the community earned him the respect and poses on people and their families. I am a co- they have faced, live our lives in relative com- appreciation of the City of San Francisco. sponsor of the Diabetes Prevention Access fort and ease. Today was probably the hardest A native San Franciscan, Bobby graduated and Care Act (H.R. 1916) which directs the day the Bryant family has ever faced and my from Marin Catholic High School and attended National Institutes of Health to support re- thoughts, prayers and deepest gratitude for the College of Marin and the University of San search with respect to pre-diabetes and diabe- their sacrifice goes out to them. There are no Francisco. Bobby McDonnell had a long and tes, particularly type II diabetes. This important words that can relieve their pain. Larry and distinguished career dedicated to the working legislation will help all Americans by providing Linda Bryant have raised an extraordinary men and women of the San Francisco Bay much-needed diabetes prevention and out- family. Their oldest son, Tim is a Major in the Area. He served as Field Representative and reach. Marines, their daughter, Tiffany, is a Captain as Secretary-Treasurer for the Laborers’ Inter- Although diabetes is an epidemic that is in the Army and Todd, First Lieutenant in the national Union of America, AFL-CIO, Local widespread, complicated, and severe, it can United States Army, recipient of the Meri- 261 from 1968 to 1999. He was an Executive be controlled. Taking small steps like healthy torious Service Medal, National Defense Serv- Board Member of the San Francisco Labor diets and physical activity can lead to big re- ice Medal Army Service Ribbon, Bronze Star, Council, and also a member of the San Fran- wards. Diabetes is a disease that permeates and the Purple Heart has been laid to rest in cisco Building and Trades Council. His fierce our communities, families, and friendships and our country’s most distinguished military cem- commitment to the labor movement never we must do all that we can to stop the spread etery. ceased, and he advocated labor issues at of this deadly disease. His wife and family have all given a part of every opportunity from coast to coast. f themselves today in the loss of their loved one He was a member of the Golden Gate and I hope they know that their son, the good- TRIBUTE TO FIRST LIEUTENANT Bridge District’s Board of Directors from 1984 ness he brought to this world and the sacrifice TODD JASON BRYANT until the time of his death, where he worked he has made, will not be forgotten. tirelessly to maintain a great public agency. f His achievements during his long tenure are HON. KEN CALVERT MOURNING THE DEATH OF too many to list, but in all his endeavors, he OF CALIFORNIA CHARLEY SCHNEIDER served with passion, integrity and excellence. IN THE HOUSE OF REPRESENTATIVES He was a devoted and enthusiastic god- Tuesday, November 18, 2003 father to St. Vincent’s School for Boys. He un- HON. JON C. PORTER Mr. CALVERT. Mr. Speaker, I rise to pay OF NEVADA selfishly worked as a volunteer, organizer and tribute to a hero from my congressional dis- IN THE HOUSE OF REPRESENTATIVES fundraiser not only for St. Vincent’s, but also trict. Earlier this afternoon, I had the distinct the United Way, the United Irish Cultural Cen- honor to attend the funeral service for Todd Tuesday, November 18, 2003 ter and the Amigos of Central Latino. One of Jason Bryant, First Lieutenant, United States Mr. PORTER. Mr. Speaker, I rise today to his favorite activities was playing Santa Claus Army at Arlington National Cemetery. Today I mourn the passing of a good friend and a pil- for the different organizations where he volun- would ask that the House of Representatives lar of the community in Southern Nevada, teered. It was a perfect job for him, because honor and remember this incredible young Charley Schneider. I had the privilege of work- those who knew him say he spread joy and man who died in service to his country. ing with Charley, and cannot do justice to humor wherever he went. Todd was born on January 14, 1980, in what a great person and friend Charley was. To his wife Mary, his brother Danny, his Long Beach, California. Todd came from a Charley Schneider was born in San Antonio, stepsons Jerry, Michael, David and Harry, I military family and his desire and determina- Texas in 1938, but moved to Basic, Nevada, extend my deepest sympathy and my pro- tion to join the military was resolute. He en- as Henderson was known at the time, in 1949. found appreciation for your sharing Bobby with listed in the Army Reserve and completed He was a graduate of Basic High School and us. We miss him greatly. Basic Training at Fort Sill, Oklahoma before worked at Farmers Insurance for 33 years.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.075 E19PT1 E2338 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 Charley was a wonderful person to work with, NATIONAL FAMILY CAREGIVERS isting respite benefits because they are not always willing to lend a hand, listen when you MONTH Medicaid eligible or do not meet the limited eli- needed to talk to someone, and helped cus- gibility requirements of other narrowly-targeted tomers above and beyond the requirements of HON. JAMES R. LANGEVIN state or federal programs. As we celebrate his job. Charley retired from Farmers 3 years OF RHODE ISLAND National Family Caregivers Month, we must ago, and looked forward to being able to IN THE HOUSE OF REPRESENTATIVES remember that for a person providing intense spend more time with his wife Maggie and and exhausting care 24 hours a day, 7 days Tuesday, November 18, 2003 daughter Stevie. Sadly, Charley passed away a week, 365 days a year, an occasional short last weekend at the age of 65. I urge all mem- Mr. LANGEVIN. Mr. Speaker, as you may break can literally be a lifesaver. bers of this House to join me in mourning the know, November is National Family Care- In keeping with the Supreme Court’s passing of Charley Schneider and extending givers Month, and I rise today to celebrate and Olmstead decision requiring states to ensure our condolences to the family and friends who honor our nation’s caregivers. Nationwide, that individuals with disabilities and chronic greatly loved him. more than 25 million caregivers annually pro- conditions are able to live and work in the vide over $200 billion in unpaid care to their least restrictive environment, respite provides f loved ones with disabling and chronic condi- the support caregivers need to avoid or delay tions. More importantly, this voluntary care al- institutional placements. TRIBUTE TO THE MOUNTAIN lows seniors and others to continue living at We can recognize and honor the nation’s LODGE NO. 281, F.&A.M. AND THE home, which improves their spirits and often caregivers by passing the Lifespan Respite JUNIATA LODGE NO. 282, F.&A.M. speeds up recovery. Care Act of 2003, which I introduced this Family caregiving comes in many forms— spring. H.R. 1083 would authorize competitive from the mother raising a child with develop- grants to states and other eligible entities to HON. BILL SHUSTER mental disabilities and fighting for her child’s make respite available and accessible to fam- OF PENNSYLVANIA right to an education, to the wife caring for her ily caregivers, regardless of age or disability. IN THE HOUSE OF REPRESENTATIVES husband with Alzheimer’s Disease and endur- This legislation would help states maximize ing that anguish. There are as many unique use of existing resources and leverage new Tuesday, November 18, 2003 situations as there are family caregivers. But, dollars by building on current services and systems that states already have in place. The Mr. SHUSTER. Mr. Speaker, I rise today to what these caregivers all have in common is bill would support planned and emergency congratulate the Mountain Lodge No. 281, their compassion, their dedication and their respite, respite worker training and recruit- F.&A.M. and the Juniata Lodge No. 282, selflessness. Family caregiving contributes to ment, caregiver training, and program evalua- F.&A.M. on their 150th Anniversary and to family stability, and it often spares families from more costly, out-of-home placements. tion. thank them for their service and dedication to The Senate has already passed the Life- their community. These people are the quiet heroes of our nation. However, too often, they are also silent span Respite Care Act of 2003. I urge my col- From its home town of Edinburgh, England, leagues to join the 85 bipartisan cosponsors of the Honorable Fraternity of Freemasonry sufferers. Most caregivers freely and willingly provide the House bill and ask that the House take im- came to Pennsylvania in 1730 on a mission to this care out of love and commitment, but mediate action to pass it in time to honor the spread the Masonic vision of a ‘‘Brotherhood often at great cost to themselves physically, nation’s caregivers in celebration of National of man under the Fatherhood of God.’’ Out of emotionally, and financially. Studies show that Family Caregivers Month. this need for brotherhood, the Mountain Lodge many caregivers stretch themselves so thin f and Juniata Lodge were founded on Decem- that they jeopardize their own health and abil- ber 8, 1853. Since that date these two lodges OIL AND GAS INDUSTRY, YOU’VE ity to provide continued care to their depend- have consistently exhibited the qualities to GOT A FRIEND (OR 246) IN CON- ent loved ones. which they are committed, sharing with their GRESS In my home state of Rhode Island, Tracey community a moral code based upon honesty, Laranjo is the mother of ten-year-old Tyler. strength of character, and the highest stand- Tyler is bipolar and suffers from Severe Atten- HON. BOB FILNER ard of ethics. OF CALIFORNIA tion Deficit Hyperactivity Disorder, Obsessive IN THE HOUSE OF REPRESENTATIVES The Freemasons lead their communities by Compulsive Disorder, and certain develop- the example that they set in their own lives as mental disabilities. Tyler is also an important Tuesday, November 18, 2003 they work to uphold the very pillars of the member of the Laranjo family—the gifts and Mr. FILNER. Mr. Speaker, today is a sad American society. Each Freemason is taught the love he brings to his parents and older day in the history of Congress. Today one in- to be true, the crucial attribute that provides brother are not really different than any other dustry has hijacked a political party and that the basis for all virtues of man, and to main- ten year old. Tyler is a lucky child, with par- party has bulldozed a poor energy policy tain a devotion to spirituality and intellectual ents who have fought long and hard to get through this body. growth. Additionally, they bear a strong com- him the mental health services that he needs, The U.S. Congress is often held up and re- mitment to artistic and cultural excellence. while educating themselves about how to take vered as the model of Democracy. Yet this bill While cultivating all of the above characteris- care of their son. But not surprisingly, some- has been bad news for Americans—and our tics, a freemason’s family values remain times Tracey is exhausted. After a long wait, form of government—from the start. First, the strong and devoted. These organizations have she was fortunate enough to recently access Administration, led by Vice President CHENEY, not only enriched the lives of their members, respite care services in Rhode Island and can held secret meetings with energy industry in- but of those in the surrounding communities now take an occasional break, knowing that siders to determine what they wanted from an who have undoubtedly benefitted from the her son is being properly cared for. She refers energy policy—what the energy industry wants charity, education and service that they have to these respite hours, 110 hours per year, as should not be confused with what the nation repeatedly provided. ‘‘gold’’—saving them for times she knows she needed from an energy policy. Next, after a This nation was built by a group of men, needs them, and grateful for every minute. heavy-handed process, a bill, H.R. 6, was bound by brotherhood under the direction of These hours give Tracey time to recoup with- passed in this body. The bill then moved into God, who believed in the natural rights of free- out feeling guilty, and let her reflect on the conference, at which point, the two Republican dom and democracy. The members of these special child she has been blessed with. co-chairs decided that they would write the na- Masonic lodges have worked daily for 150 Just a few hours of respite can go a long tion’s energy policy by themselves with no years to preserve that ‘‘Brotherhood of man way in keeping a family together, keeping a input from Democrats, but with plenty of input under the Fatherhood of God,’’ and the stand- child at home, and turning a situation where a from lobbyists looking out for their oil, gas and ard of excellence upon which it was founded. vulnerable person was at risk of abuse into other energy industry clients. The energy bill The growing and active memberships of these one where that same person feels loved, re- went from bad to worse as, at the last minute, organizations are a symbol of the community’s spected and valued. No family should ever be many sweetheart deals were added that had devotion to success and the promise that is to denied this kind of assistance. never been passed by either body. Never become. As a proud member of the Juniata However, the vast majority of family care- fore has the energy industry had such a friend Lodge, I congratulate these two Masonic givers does not have access to respite, cannot in the White House and such great friends in lodges on their 150th Anniversary and thank afford it, cannot find qualified, trained respite the Congress—we know now that GOP does them for all their hard work and service. services or providers, or do not qualify for ex- indeed mean ‘‘Gas, Oil, and Petroleum’’.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.079 E19PT1 November 19, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2339 Thus far, I have only addressed the prob- by energy companies. This bill leaves Cali- MTBE, a known cause of cancer, is leaking lems with the process surrounding this bill. fornia—and the rest of the Nation—without out of storage tanks, but this bill shields MTBE The problems with the policy are too numer- any protections against market manipulation. producers and oil companies from product li- ous to name here, but I want to highlight some It is for these reasons and many more that ability lawsuits and pays them $2 billion. of the more outrageous: I cannot and will not support this awful bill. This gasoline additive, intended to reduce It does not improve our energy security and This bill has been bought and paid for by the air pollution, has contaminated groundwater does nothing to promote renewable energy energy industry—mostly the oil and gas indus- supplies in numerous California communities. sources. This bill funnels billions of dollars into tries. Unfortunately, all Americans will pay the In addition to weakening clean water protec- the oil and gas industries, making us more de- price for this bad bill. tions, this bill will crack open the door for off- pendent than ever on foreign sources for f shore drilling by shifting control of projects off these resources. In fact, only 1⁄3 of the sub- California’s coastline toward the Federal Gov- sidies in this bill go toward promoting clean, ENERGY POLICY ACT OF 2003 ernment. renewable energy that we can find right here in the U.S.A. The policy before us today is HON. BARBARA LEE It also requires a faster permitting process stuck in the 20th century and does not take OF CALIFORNIA and the easing of some environmental rules to advantage of the advances in technology in IN THE HOUSE OF REPRESENTATIVES promote energy development on public lands. the clean and renewable energy arena, and Tuesday, November 18, 2003 This bill will cause catastrophic harm to the prefers to favor older, dirtier methods to gen- public health and the public interest. Ms. LEE. Mr. Speaker, the Energy Policy erate our energy supply. Act of 2003 that unfortunately passed this This bill is a total failure based on tax- It does not protect our water from contami- afternoon is a failure in process and policy. breaks and subsidies alone. nants that can cause serious health problems. The Republican majority squandered a his- What makes this bill even more difficult to This bill actually protects MTBE (methyl ter- toric opportunity to forge a truly bipartisan con- stomach is the possibility of what could have tiary butyl ether) producers from product liabil- sensus that would meet the nation’s imme- been. ity suits. MTBE has been proven to be harmful diate needs while expanding conservation and This bill does not, for example, provide a to our health, yet this bill leaves the taxpayers encouraging renewable energy to wean us clear direction for the development of the elec- to clean up the mess and lets the producers from foreign oil. tricity grid. off scot-free. California, more than any other The Republican majority has steamrolled This bill also does not encourage the U.S. state has been affected by MTBE. In some cit- concerns, facts, and opposition, all to benefit ies, many of the drinking water wells are now car industry to manufacture vehicles that con- powerful energy industries at the expense of sume less fuel and produce fewer pollutants. unusable because of MTBE contamination. American people. It exempts the oil and gas construction ac- This bill not only fails to promote a healthy Additionally, this bill does not significantly tivities from Clean Water Act controls on energy policy, it will also cost the American encourage energy conservation and it does stormwater runoff. I introduced a motion to in- people over $140 billion over the next decade. nothing to wean this country from oil and gas struct conferees on H.R. 6 that would have These costs include industry subsidies, tax- imports. struck language that gave oil and gas con- breaks, authorizations for new government Tragically, America needs a new energy struction activities a free pass from controlling spending, and mandates that increase con- policy. Just not this one. their stormwater runoff. This exemption makes sumer prices for gasoline and electricity. We need an energy bill that would remove them the only construction activity that does This legislation continues the Bush adminis- subsidies and market distortions. not have to take measures to ensure that run- tration’s rollbacks of environmental protections We need a progressive energy policy that off from their construction sites does not pol- while steamrolling the public interest. would invest in energy efficiency and renew- lute our lakes, streams and rivers. Unfortu- It was written for big energy companies by able energy sources instead of fossil fuels. nately, my motion did not pass and this harm- big energy companies to benefit big energy Such a policy would create four times as ful handout to the oil and gas industry re- companies, with a $16 billion package of tax many jobs without adding to the deficit, bur- mains. breaks and production subsidies for the oil, dening taxpayers, or poisoning our air and It does not address the problems that coal, and nuclear industries. water. caused the California Energy Crisis of 2000Ð Mr. Speaker, this bill threatens more than 2001. This bill does nothing to prevent the the pocketbooks of the American people, it I strongly opposed this bill because of its kind of market manipulation that caused en- also poses an imminent threat to our Nation’s complete failure to protect America’s environ- ergy prices to skyrocket in California. Even the air quality, drinking water, and public lands. ment, protect America’s health, and protect most conservative estimates indicate that Cali- We see this threat to our public health most American taxpayers. fornia lost over $9 billion to this manipulation clearly in my home State of California.

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.082 E19PT1 E2340 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2003 SENATE COMMITTEE MEETINGS mation, the Office of the Senate Daily to be Ambassador to the Kingdom of Title IV of Senate Resolution 4, Digest will prepare this information for Saudi Arabia. agreed to by the Senate on February 4, printing in the Extensions of Remarks SD–419 10 a.m. 1977, calls for establishment of a sys- section of the CONGRESSIONAL RECORD Health, Education, Labor, and Pensions tem for a computerized schedule of all on Monday and Wednesday of each week. To hold hearings to examine the nomina- meetings and hearings of Senate com- tion of Steven J. Law, of the District of Meetings scheduled for Thursday, No- mittees, subcommittees, joint commit- Columbia, to be Deputy Secretary of tees, and committees of conference. vember 20, 2003 may be found in the Labor. This title requires all such committees Daily Digest of today’s RECORD. SD–430 to notify the Office of the Senate Daily NOVEMBER 24 Digest—designated by the Rules com- MEETINGS SCHEDULED mittee—of the time, place, and purpose 10 a.m. Judiciary of the meetings, when scheduled, and NOVEMBER 21 Business meeting to consider pending any cancellations or changes in the 9 a.m. calendar business. meetings as they occur. Foreign Relations SD–226 As an additional procedure along To hold hearings to examine the nomina- with the computerization of this infor- tion of James C. Oberwetter, of Texas,

VerDate jul 14 2003 02:39 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\M19NO8.000 E19PT1 Wednesday, November 19, 2003 Daily Digest Senate to improve benefits under laws administered by the Chamber Action Secretary of Veterans Affairs, and the bill was then Routine Proceedings, pages S15105–S15210 passed, after agreeing to the following amendment Measures Introduced: Eight bills and one resolu- proposed thereto: Pages S15133–40 tion were introduced, as follows: S. 1889–1896, and Thomas (for Specter/Graham (FL)) Amendment S.J. Res. 25. Page S15187 No. 2205, in the nature of a substitute. Page S15140 Measures Reported: Presidential Medal of Honor: Senate agreed to H. S. 551, to provide for the implementation of air Con. Res. 313, to urge the President, on behalf of quality programs developed in accordance with an the United States, to present the Presidential Medal Intergovernmental Agreement between the Southern of Freedom to His Holiness, Pope John Paul II, in Ute Indian Tribe and the State of Colorado con- recognition of his significant, enduring, and historic cerning Air Quality Control on the Southern Ute In- contributions to the causes of freedom, human dig- dian Reservation, with an amendment. (S. Rept. No. nity, and peace and to commemorate the Silver Jubi- 108–201) lee of His Holiness’ inauguration of his ministry as S. 733, to authorize appropriations for fiscal year Bishop of Rome and Supreme Pastor of the Catholic 2004 for the United States Coast Guard, with an Church. Page S15207 amendment in the nature of a substitute. (S. Rept. Small Business Act Authorization: Senate passed No. 108–202) S. 1895, to temporarily extend the programs under S. 1218, to provide for Presidential support and the Small Business Act and the Small Business In- coordination of interagency ocean science programs vestment Act of 1958 through March 15, 2004. and development and coordination of a comprehen- Pages S15207–09 sive and integrated United States research and monitoring program, with an amendment in the nature Mutual Defense Treaty Anniversary: Senate agreed to S. Res. 256, observing the 50th anniver- of a substitute. (S. Rept. No. 108–203) Page S15186 sary of the Mutual Defense Treaty between the Measures Passed: United States and the Republic of Korea, affirming Department of Veterans Affairs Long-Term the deep cooperation and friendship between the Care and Personnel Authorities Enhancement Act: people of the United States and the people of the Senate passed S. 1156, to amend title 38, United Republic of Korea, and thanking the Republic of States Code, to improve and enhance provision of Korea for its contributions to the global war on ter- health care for veterans, to authorize major construc- rorism and to the stabilization and reconstruction of tion projects and other facilities matters for the De- Afghanistan and Iraq. Page S15209 partment of Veterans Affairs, to enhance and im- Energy Policy Act—Conference Report: Senate prove authorities relating to the administration of agreed to the motion to proceed to consideration of personnel of the Department of Veterans Affairs, the conference report to accompany H.R. 6, to en- after agreeing to the committee amendment in the hance energy conservation and research and develop- nature of a substitute, and the following amendment, to provide for security and diversity in the en- ments proposed thereto: Pages S15123–33 ergy supply for the American people, and then began Thomas (for Specter/Graham (FL)) Amendment consideration of the conference report. No. 2203, in the nature of a substitute. Page S15132 Pages S15111–23, S15140–79 Thomas (for Specter) Amendment No. 2204, to A motion was entered to close further debate on amend the title. Pages S15132–33 the conference report and, in accordance with the Veterans Benefits Act: Committee on Veterans provisions of Rule XXII of the Standing Rules of Affairs was discharged from further consideration of the Senate, a vote on cloture will occur on Friday, H.R. 2297, to amend title 38, United States Code, November 21, 2003. Page S15179 D1297

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Nominations Confirmed: Senate confirmed the fol- Secretary of the Army; and General Peter J. lowing nominations: Schoomaker, USA, Chief of Staff, United States 1 Air Force nomination in the rank of general. Army. Foreign Service nomination beginning with Rob- ert Goldberg and ending with Robert Goldberg BUSINESS MEETING (Prior to this action, Committee on Foreign Rela- Committee on Armed Services: Committee met in closed tions was discharged from further consideration.) session to discuss certain pending nominations. Page S15210 AGROTERRORISM Nominations Received: Senate received the fol- Committee on Governmental Affairs: Committee con- lowing nomination: J. Russell George, of Virginia, to be Inspector cluded a hearing to examine the threat of General for Tax Administration, Department of the agroterrorism, focusing on strategies to secure the agricultural infrastructure, the Foreign Animal Dis- Treasury. Page S15210 ease and Plum Island Animal Disease Center, ensur- Messages From the House: Page S15183 ing the safety and security of the Nation’s food sup- Measures Referred: Page S15184 ply, industry guidance and preventive measures, vulnerability and threat assessments, Operation Liberty Enrolled Bills Presented: Page S15184 Shield, and emergency preparedness and response, Executive Communications: Pages S15184–86 after receiving testimony from Senator Talent; Additional Cosponsors: Pages S15187–88 Penrose Albright, Assistant Secretary of Homeland Statements on Introduced Bills/Resolutions: Security for Science and Technology; Lester M. Crawford, Deputy Commissioner, Food and Drug Pages S15188–92 Administration, Department of Health and Human Additional Statements: Pages S15182–83 Services; Charles Lambert, Deputy Under Secretary Amendments Submitted: Pages S15192–S15206 of Agriculture for Marketing and Regulatory Pro- Authority for Committees to Meet: grams; Thomas McGinn, North Carolina Depart- Pages S15206–07 ment of Agriculture and Consumer Services, Raleigh; Colleen O’Keefe, Illinois Department of Agriculture, Privilege of the Floor: Page S15207 Springfield; and Peter Chalk, RAND Corporation, Adjournment: Senate met at 9:30 a.m. and ad- Santa Monica, California. journed at 7:56 p.m. until 9:30 a.m. on Thursday, NOMINATIONS: November 20, 2003. (For Senate’s Program, see the remarks of the Majority Leader in today’s Record on Committee on the Judiciary: Committee concluded a page S15210). hearing to examine the nominations of William James Haynes II, of Virginia, to be United States Committee Meetings Circuit Judge for the Fourth Circuit, who was introduced by Senators Warner and Allen; Louis Guirola, (Committees not listed did not meet) Jr., to be United States District Judge for the South- ern District of Mississippi, who was introduced by THE ARMY Senators Cochran and Lott; Virginia E. Hopkins, to Committee on Armed Services: Committee concluded an be United States District Judge for the Northern open and closed hearing to examine current Army District of Alabama, who was introduced by Senators issues, including the Active, Army Reserve, and Sessions and Shelby; and Kenneth M. Karas, to be Army National Guard units, focusing on ‘‘Winning United States District Judge for the Southern Dis- the Peace’’ in Iraq, the Global War on Terror, and trict of New York, who was introduced by Senator the Rest and Recuperation (R&R) Leave Program, Schumer, after each nominee testified and answered after receiving testimony from Les Brownlee, Acting questions in their own behalf.

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ican History and Culture, by a 2⁄3 yea-and-nay vote Chamber Action of 409 yeas to 9 nays, Roll No. 636; Page H11552 Measures Introduced: 21 public bills, H.R. Sense of Congress regarding the leadership of the 3519–3539; and 9 resolutions, H.J. Res. 77–78; H. Unified Buddhist Church in Vietnam: H. Res. Con. Res., 329–331 and H. Res. 452–455, were in- 427, amended, expressing the sense of the House of troduced. Pages H11650–51 Representatives regarding the courageous leadership Additional Cosponsors: Pages H11651–52 of the Unified Buddhist Church of Vietnam and the Reports Filed: Reports were filed as follows today: urgent need for religious freedom and related human H.R. 2751, to provide new human capital flexi- rights in the Socialist Republic of Vietnam, by a 2⁄3 bilities with respect to the GAO, amended (H. Rept. yea-and-nay vote of 409 yeas to 13 nays, Roll No. 108–380); 639; Pages H11520–24, H11573–74 Conference report on H.R. 2417, to authorize ap- Honoring the victims of the Cambodian genocide propriations for fiscal year 2004 for intelligence and from April 1975 through January 1979: H. Con. intelligence-related activities of the United States Res. 83, honoring the victims of the Cambodian Government, the Community Management Account, genocide that took place from April 1975 to January and the Central Intelligence Agency Retirement and 1979, by a 2⁄3 yea-and-nay vote of 420 yeas to 1 Disability System (H. Rept. 108–381); nay, Roll No. 640; Pages H11524–27, H11573–74 H. Res. 449, providing for consideration of motions to suspend the rules (H. Rept. 108–382); Honoring Seeds of Peace: H. Con. Res. 288, di- H. Res. 450, providing for consideration of H.J. recting the Secretary of Transportation to transmit to Res. 78, making further continuing appropriations the House of Representatives not later than 14 days for the fiscal year 2004 (H. Rept. 108–383); and after the date of the adoption of this resolution all H. Res. 451, waiving points of order against the physical and electronic records and documents in his conference report to accompany H.R. 2417, to au- possession related to any use of Federal agency re- thorize appropriations for fiscal year 2004 for intel- sources in any task or action involving or relating to ligence and intelligence-related activities of the Members of the Texas Legislature in the period be- United States Government, the Community Manage- ginning May 11, 2003, and ending May 16, 2003, ment Account, and the Central Intelligence Agency except information the disclosure of which would Retirement and Disability System (H. Rept. harm the national security interests of the United 2 108–384). Pages H11649–50 States, by a ⁄3 yea-and-nay vote of 415 yeas with Chaplain: The prayer was offered today by Rabbi none voting ‘‘nay,’’ Roll No. 641; Dr. Ari Korenblit of Temple Sholom in Brooklyn, Pages H11527–29, H11593 New York. Page H11518 Commending Afghan women: H. Res. 393, Suspensions: The House agreed to suspend the rules amended, commending Afghan women for their par- and pass the following measures: ticipation in Afghan government and civil society, encouraging the inclusion of Afghan women in the Captive Wildlife Safety Act: Debated on Tues- political and economic life of Afghanistan, and advo- day, November 18, H.R. 1006, amended, to amend cating the protection of Afghan women’s human the Lacey Act Amendments of 1981 to further the rights in the Afghanistan Constitution, by a 2⁄3 yea- conservation of certain wildlife species, by a 2⁄3 yea- and-nay vote of 414 yeas to 1 nay, Roll No. 642; and-nay vote of 419 yeas with none voting ‘‘nay,’’ Pages H11529–33, H11593–94 Roll No. 634; Pages H11550–51 Agreed to amend the title so as to read, ‘‘a resolu- Expressing the sense of Congress regarding the tion commending Afghan women for their participa- importance of motorsports: Debated on Tuesday, tion in Afghan government and civil society, encour- November 18, H. Con. Res. 320, expressing the aging the inclusion of Afghan women in the polit- sense of the Congress regarding the importance of ical and economic life of Afghanistan, and advo- motorsports, by a yea-and-nay vote of 414 yeas with cating the protection of the human rights of all Af- none voting ‘‘nay,’’ Roll No. 635; Pages H11551–52 ghans, particularly women, in the Afghanistan Con- National Museum of African-American History stitution’’. Page H11594 and Culture Act: Debated on Tuesday, November Mutual Funds Integrity and Fee Transparency 18, H.R. 3491, to establish within the Smithsonian Act of 2003: H.R. 2420, amended, to improve trans- Institution the National Museum of African Amer- parency relating to the fees and costs that mutual

VerDate jul 14 2003 05:18 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO3.REC D19NO3 D1300 CONGRESSIONAL RECORD — DAILY DIGEST November 19, 2003 fund investors incur and to improve corporate gov- basic pilot program for employment eligibility ernance of mutual funds, by a 2⁄3 yea-and-nay vote verification—clearing the measure for the President; of 418 yeas to 2 nays, Roll No. 638; Pages H11582–86 Pages H11533–47, H11572–73 Providing for Federal court proceedings in Torture Victims Relief Reauthorization Act of Plano, Texas: S. 1720, to provide for Federal court 2003: H.R. 1813, amended, to amend the Torture proceedings in Plano, Texas—clearing the measure Victims Relief Act of 1998 to authorize appropria- for the President; Pages H11586–89 tions to provide assistance for domestic and foreign Environmental Policy and Conflict Resolution centers and programs for the treatment of victims of Advancement Act of 2003: H.R. 421, to reauthorize torture; Pages H11547–50 the United States Institute for Environmental Con- Overseas Private Investment Corporation flict Resolution; and Pages H11589–91 Amendments Act of 2003: S. 1824, to amend the Florida National Forest Land Management Act Foreign Assistance Act of 1961 to reauthorize the of 2003: S. 117, to authorize the Secretary of Agri- Overseas Private Investment Corporation—clearing culture to sell or exchange certain land in the State the measure for the President; Pages H11553–57 of Florida—clearing the measure for the President. Recognizing the 5th Anniversary of the signing Pages H11591–92 of the International Religious Freedom Act of Suspensions Postponed: The following measures 1998: H. Res. 423, amended, recognizing the 5th were debated under suspension of the rules. Further anniversary of the signing of the International Reli- proceedings were postponed until Thursday, Novem- gious Freedom Act of 1998 and urging a renewed ber 20: commitment to eliminating violations of the internationally recognized right to freedom of religion Poison Control Center Enhancement and Awareness Act Amendments of 2003: S. 686, and protecting fundamental human rights, by a 2⁄3 yea-and-nay vote of 416 yeas to 1 nays, Roll No. amended, to provide assistance for poison prevention 643; Pages H11557–61, H11594–95 and to stabilize the funding of regional poison control centers; and Pages H11574–77 Fairness to Contact Lens Consumers Act: H.R. 3140, amended, to provide for availability of contact Birth Defects and Developmental Disabilities Prevention Act of 2003: S. 286, to revise and extend lens prescriptions to patients, by a 2⁄3 yea-and-nay vote of 406 yeas to 12 nay, Roll No. 644; the Birth Defects Prevention Act of 1998; Pages H11577–80 Pages H11561–65, H11595 Amending the Federal Food, Drug, and Cos- Medicare Prescription Drug and Modernization metic Act: H.R. 2218, amended, to amend the Fed- Act of 2003—Motion to Instruct Conferees: The eral Food, Drug, and Cosmetic Act to provide for House rejected the Berkley motion to instruct con- the regulation of noncorrective contact lens as med- ferees on H.R. 1, to amend title XVIII of the Social ical devices; Pages H11565–67 Security Act to provide for a voluntary prescription Agreed to amend the title so as to read ‘‘a bill to drug benefit under the medicare program and to amend the Federal Food, Drug, and Cosmetic Act to strengthen and improve the medicare program, by a provide for the regulation of all contact lenses as yea-and-nay vote of 203 yeas to 218 nays, Roll No. 637. Page H11553 medical devices’’ Page H11567 Later the House debated the Hooley of Oregon Pediatric Research Equity Act of 2003: S. 650, motion to instruct conferees on the bill. Further pro- to amend the Federal Food, Drug, and Cosmetic Act ceedings on the motion were postponed until a later to authorize the Food and Drug Administration to date. Pages H11598–H11605 require certain research into drugs used in pediatric Representative Inslee also announced his intention patients—clearing the measure for the President; to offer a motion to instruct on the bill. Page H11598 Pages H11567–72 Two Floods and You Are Out of the Taxpayers’ Supporting the goals of National Epilepsy Pocket Act of 2003—Order of Business: The Awareness Month: S. Con. Res. 48, supporting the House agreed by unanimous consent that it be in goals and ideals of ‘‘National Epilepsy Awareness order at any time to consider H.R. 253, to amend Month’’ and urging support for epilepsy research and the National Flood Insurance Act of 1968 to reduce service programs; Pages H11580–82 losses to properties for which repetitive flood insur- Basic Pilot Program Extension and Expansion ance claim payments have been made; that the bill Act of 2003: S. 1685, to extend and expand the shall be considered as read; that in lieu of the

VerDate jul 14 2003 05:18 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO3.REC D19NO3 November 19, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1301 amendment recommended by the Committee on Fi- heard from Orson Swindle, Commissioner, FTC; and nancial Services now printed in the bill, an amend- public witnesses. ment in the nature of a substitute and numbered one INVESTMENT IN TECHNOLOGY printed in the Congressional Record of November 19, shall be considered as adopted; that the previous Committee on Energy and Commerce: Subcommittee on question shall be considered as ordered on the bill, Telecommunications and the Internet held a hearing as amended, and on further amendment thereto to on hearing entitled ‘‘Digital Dividends and Other final passage without intervening motion except: (1) Proposals to Leverage Investment in Technology.’’ one hour of general debate, (2) a further amendment Testimony was heard from public witnesses. in the nature of a substitute, and (3) one motion to NATIONAL ARCHIVES AND RECORDS recommit with or without instruction; and further ADMINISTRATION EFFICIENCY ACT that the amendment placed at the desk be considered as read for the purposes of this unanimous con- Committee on Government Reform: Subcommittee on sent request. Pages H11595–98 Technology, Information Policy, Intergovernmental Relations and the Census approved for full Com- Transportation and Treasury Appropriations— mittee action H.R. 3478, National Archives and Motion to Instruct Conferees: Representative Records Administration Efficiency Act of 2003. Hastings of Florida announced his intention to offer a motion to instruct conferees on H.R. 2989, mak- CONTINUITY IN REPRESENTATION ACT ing appropriations for the Departments of Transpor- Committee on House Administration: Ordered reported, tation and Treasury, and independent agencies for as amended, H.R. 2844, Continuity in Representa- the fiscal year ending September 30, 2004. tion Act of 2003. Page H11598 AFGHANISTAN: DEMOCRATIZATION AND Labor/HHS Appropriations—Motion to Instruct HUMAN RIGHTS Conferees: The House debated the Kildee motion to instruct conferees on H.R. 2660, making appropria- Committee on International Relations: Subcommittee on tions for the Departments of Labor, Health and the Middle East and Central Asia and the Sub- Human Services, and Education, and related agencies committee on International Terrorism, Nonprolifera- for the fiscal year ending September 30, 2004. Fur- tion and Human Rights held a joint hearing on Af- ther proceedings on the motion were postponed until ghanistan: Democratization and Human Rights on a later date. Pages H11622–28 the Eve of the Constitutional Loya Jirga. Testimony was heard from the following officials of the Depart- Senate Message: Messages received from the Senate ment of State: Lorne W. Craner, Assistant Secretary, today appear on pages H11518, H11567. Bureau of Democracy, Human Rights and Labor; Senate Referral: S. 189 and S. 1156 were ordered Ambassador-at-Large John V. Hanford III, Office of held at the desk. Pages H11518, H11567 International Religious Freedom; and Christina B. Amendments: Amendments ordered printed pursu- Rocca, Assistant Secretary, Bureau of South Asia Af- ant to the rule appear on pages H11652–56. fairs; and public witnesses. Adjournment: The House met at 10 a.m. and ad- ANTITRUST OVERSIGHT journed at 11:57 p.m. Committee on the Judiciary: Held an oversight hearing entitled ‘‘Saving the Savings Clause: Congressional Committee Meetings Intent, the Trinko Case, and the role of the Antitrust Laws in Promoting Competition in the Telecom Sec- U.S. NATIONAL SECURITY STRATEGY tor.’’ Testimony was heard from R. Hewitt Pate, As- Committee on Armed Services: Held a hearing on U.S. sistant Antitrust General, Antitrust Division, De- National Security Strategy. Testimony was heard partment of Justice; and public witnesses. from Ambassador Jeane J. Kirkpatrick, former U.S. MEDICAL INFORMATION SHARING—DOD Permanent Representative to the United Nations; AND DEPARTMENT OF VETERANS AFFAIRS and Samuel L. Berger, former Assistant to the Presi- dent for National Security Affairs. Committee on Veterans’ Affairs: Subcommittee on Over- sight and Investigations held a hearing to review CYBERSECURITY AND CONSUMER DATA progress being made by the Department of Defense Committee on Energy and Commerce: Subcommittee on and the Department of Veterans Affairs with the Commerce, Trade and Consumer Protection held a sharing of medical information and development of hearing entitled ‘‘Cybersecurity and Consumer Data: a seamless electronic medical record. Testimony was What’s at Risk for the Consumer?’’ Testimony was heard from Linda D. Koontz, Director, Information

VerDate jul 14 2003 05:18 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO3.REC D19NO3 D1302 CONGRESSIONAL RECORD — DAILY DIGEST November 19, 2003 Management Issues, GAO; the following officials of COMMITTEE MEETINGS FOR THURSDAY, the Department of Defense: Maj Gen. Kenneth L. NOVEMBER 20, 2003 Farmer, Jr., M.D., USA, Deputy Surgeon General, USA; Jeanne B. Fites, Deputy Under Secretary (Pro- (Committee meetings are open unless otherwise indicated) gram Integration); and James C. Reardon, Chief In- Senate formation Officer, Military Health System; Frances Committee on Armed Services: to hold a closed briefing M. Murphy, M.D., Deputy Under Secretary, Health from the CIA and DIA on assessment of the current situ- Policy Coordination, Department of Veterans Affairs; ation in Iraq, 3 p.m., S–407, Capitol. and a public witness. Committee on Banking, Housing, and Urban Affairs: business meeting to consider S. 1531, to require the Secretary VULNERABLE CHILDREN—IMPROVED of the Treasury to mint coins in commemoration of Chief MONITORING Justice John Marshall, and the nominations of Alicia R. Castaneda, of the District of Columbia, to be a Director Committee on Ways and Means: Subcommittee on of the Federal Housing Finance Board, and Thomas J. Human Resources held a hearing on Improved Mon- Curry, of Massachusetts, to be a Member of the Board of itoring of Vulnerable Children. Testimony was heard Directors of the Federal Deposit Insurance Corporation; to from Representative DeLay; Cornelia Ashby, Direc- be immediately followed by a hearing on improving the tor, Education, Workforce and Income Security, corporate governance of the NYSE, 10 a.m., SD–538. GAO; and public witnesses. Full Committee, to resume hearings to examine current investigations and regulatory actions regarding the mutual fund industry, 2 p.m., SD–538. Committee on Commerce, Science, and Transportation: to Joint Meetings hold hearings to examine drug importation, 9:30 a.m., SR–253. INTELLIGENCE AUTHORIZATION ACT Committee on Governmental Affairs: business meeting to Conferees agreed to file a conference report on the dif- consider the nominations of James M. Loy, of Virginia, ferences between the Senate and House passed to be Deputy Secretary of Homeland Security, and Scott J. Bloch, of Kansas, to be Special Counsel, Office of Spe- versions of H.R. 2417, to authorize appropriations cial Counsel, Time to be announced, Room to be an- for fiscal year 2004 for intelligence and intelligence- nounced. related activities of the United States Government, Permanent Subcommittee on Investigations, to resume the Community Management Account, and the Cen- hearings to examine the role of professional organizations tral Intelligence Agency Retirement and Disability like accounting firms, law firms, and financial institutions System. in developing, marketing and implementing tax shelters, 9 a.m., SH–216. OMNIBUS APPROPRIATIONS Subcommittee on Oversight of Government Manage- ment, the Federal Workforce, and the District of Colum- Conferees met to resolve the differences between the bia, to resume hearings to examine the August 2003 Senate and House passed versions of H.R. 2673, Northeast blackouts and the federal role in managing the making appropriations for Agriculture, Rural Devel- nation’s electricity, 10 a.m., SD–342. opment, Food and Drug Administration, and Re- lated Agencies, for the government of the District of House Columbia and other activities chargeable in whole or Committee on Government Reform, to consider the fol- in part against the revenues of said District, for the lowing: H.R. 3478, National Archives and Records Ad- Departments of Veterans Affairs and Housing and ministration Efficiency Act of 2003, a report entitled ‘‘Ef- forts to Rightsize the U.S. Presence Abroad Lack Urgency Urban Development, and for sundry independent and Momentum;’’ and a draft report entitled ‘‘Everything agencies, boards, commissions, corporations, and of- Secret Degenerates: The FBI’s Use of Murderers as In- fices, for the Departments of Commerce, Justice, and formants;’’ followed by a hearing on Knives, Box Cutters State, the Judiciary, and related agencies, and for the and Bleach: A Review of Passenger Screener Training, Departments of Labor, Health and Human Services, Testing and Supervision, 10 a.m., 2154 Rayburn. and Education, and related agencies for the fiscal Subcommittee on Human Rights and Wellness, hear- year ending September 30, 2004, but did not coming entitled ‘‘The Future Challenges of Autism: A Survey plete action thereon, and recessed subject to call. of the Ongoing Initiatives in the Federal Government to Address the Epidemic,’’ 2 p.m., 2154 Rayburn.

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Committee on House Administration, hearing on 527 Or- Committee on Small Business, hearing entitled ‘‘Lowering ganizations and Soft Money: Federal Elections in a Post- the Cost of Doing Business in the United States: How BCRA World, 10 a.m., 1310 Longworth. to Keep Our Companies Here,’’ 9:30 a.m., 2360 Ray- Committee on International Relations, Subcommittee on burn. the Middle East and Central Asia, hearing on Human Committee on Transportation and Infrastructure, Sub- Rights Violations Under Saddam Hussein: Victims Speak committee on Water Resources and Environment, over- Out, 2 p.m., 2172 Rayburn. sight hearing on Financing Port Infrastructure—Who Committee on the Judiciary, Subcommittee on Crime, Should Pay? 10 a.m., 2167 Rayburn. Terrorism, and Homeland Security, and Homeland Secu- Committee on Ways and Means, Subcommittee on Over- rity, oversight hearing on ‘‘Homeland Security—the Bal- sight, hearing on Non-Profit Credit Counseling Organiza- ance Between Crisis and Consequence Management tions, 2 p.m., 1100 Longworth. through Training and Assistance,’’ including discussion of the following bills: H.R. 2512, First Responders Funding Permanent Select Committee on Intelligence, Subcommittee Reform Act of 2003; H.R. 3266, Faster and Smarter on Intelligence Policy and National Security, executive, Funding for First Responders Act of 2003; and H.R. briefing on Global Intelligence Update, 9 a.m., H–405 3158, Preparing America to Respond Effectively Act of Capitol. 2003, 10 a.m., 2141 Rayburn. Select Committee on Homeland Security, Subcommittee on Committee on Resources, Subcommittee on Fisheries Con- Emergency Preparedness and Response, to mark up H.R. servation, Wildlife and Oceans, oversight hearing on the 3266, Faster and Smarter Funding for First Responders John H. Chafee Coastal Barrier Resources System, 10 Act of 2003, 1 p.m., 210 Cannon. a.m., 1324 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, November 20 10 a.m., Thursday, November 20

Senate Chamber House Chamber Program for Thursday: Senate will continue consideration of Program for Thursday: Rolled votes on Suspensions: the conference report to accompany H.R. 6, Energy Policy Act. S. 686, Poison Control Center Enhancement and Awareness Act Amendments of 2003; and S. 286, Birth Defects and Developmental Disabilities Preven- tion Act of 2003. Consideration of the conference report on H.R. 2417, Intel- ligence Authorization Act for FY 2004. Consideration of H.J. Res. 78, making further continuing appropriations for FY 2004.

Extensions of Remarks, as inserted in this issue

HOUSE Everett, Terry, Ala., E2330 McInnis, Scott, Colo., E2315, E2317, Sa´ nchez, Linda T., Calif., E2332 Filner, Bob, Calif., E2338 E2318, E2320, E2322, E2324, E2330, E2334 Scott, David, Ga., E2330 Andrews, Robert E., N.J., E2323, E2332 Gerlach, Jim, Pa., E2328 Maloney, Carolyn B., N.Y., E2332 Shuster, Bill, Pa., E2334, E2335, E2338 Bereuter, Doug, Nebr., E2322 Graves, Sam, Mo., E2330 Markey, Edward J., Mass., E2325 Solis, Hilda L., Calif., E2334, E2337 Berman, Howard L., Calif., E2328 Gutierrez, Luis V., Ill., E2334, E2336 Menendez, Robert, N.J., E2335 Souder, Mark E., Ind., E2336 Blumenauer, Earl, Ore., E2323 Houghton, Amo, N.Y., E2333 Myrick, Sue Wilkins, N.C., E2331 Stearns, Cliff, Fla., E2336 Bonner, Jo, Ala., E2327 Kanjorski, Paul E., Pa., E2317, E2318 Nunes, Devin, Calif., E2327 Thornberry, Mac, Tex., E2325 Bono, Mary, Calif., E2331 Kaptur, Marcy, Ohio, E2315, E2317, Oberstar, James L., Minn., E2326 Towns, Edolphus, N.Y., E2335 Brown-Waite, Ginny, Fla., E2335 E2318, E2321 Olver, John W., Mass., E2317, E2318 Udall, Mark, Colo., E2315, E2320, E2327, Burr, Richard, N.C., E2320, E2321 Kind, Ron, Wisc., E2328 Ortiz, Solomon P., Tex., E2332 E2329 Calvert, Ken, Calif., E2337 Kolbe, Jim, Ariz., E2326 Pallone, Frank, Jr., N.J., E2333 Udall, Tom, N.M., E2317, E2319, E2322 Clyburn, James E., S.C., E2319, E2322 Langevin, James R., R.I., E2338 Pascrell, Bill, Jr., N.J., E2334 Vitter, David, La., E2333 Coble, Howard, N.C., E2327 Lee, Barbara, Calif., E2339 Pelosi, Nancy, Calif., E2337 Whitfield, Ed, Ky., E2328 Crowley, Joseph, N.Y., E2333 Lofgren, Zoe, Calif., E2335 Porter, Jon C., Nev., E2337 Diaz-Balart, Lincoln, Fla., E2316, E2324 McCarthy, Karen, Mo., E2331 Radanovich, George, Calif., E2324 Eshoo, Anna G., Calif., E2316, E2325, McDermott, Jim, Wash., E2336 Rodriguez, Ciro D., Tex., E2329 E2326, E2329 Ryun, Jim, Kans., E2327

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