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

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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, TUESDAY, JULY 8, 2003 No. 99 House of Representatives The House met at 10:30 a.m. and was flexible spending arrangements, and for That message is absolutely right. called to order by the Speaker pro tem- other purposes,’’ requests a conference The problem is that the Republican bill pore (Mr. MURPHY). with the House on the disagreeing is absolutely the opposite. The Repub- votes of the two Houses thereon, and lican Medicare bill, H.R. 1, does not f appoints Mr. GRASSLEY, Mr. HATCH, Mr. even come close to giving seniors the DESIGNATION OF SPEAKER PRO NICKLES, Mr. FRIST, Mr. KYL, Mr. BAU- kind of coverage that Members of Con- TEMPORE CUS, Mr. ROCKEFELLER, Mr. DASCHLE, gress have provided for themselves. The SPEAKER pro tempore laid be- and Mr. BREAUX, to be the conferees on The Congressional Research Service fore the House the following commu- the part of the Senate. says the FEHBP plan which Members nication from the Speaker: f of Congress are in offers a drug benefit WASHINGTON, DC. MORNING HOUR DEBATES worth $2,700, but the same CRS, Con- July 8, 2003. gressional Research Service, non- I hereby appoint the Honorable TIM MUR- The SPEAKER pro tempore. Pursu- partisan arm of the Congress said the PHY to act as Speaker pro tempore on this ant to the order of the House of Janu- Republican Medicare bill is worth only day. ary 7, 2003, the Chair will now recog- about half of that. The Republican J. DENNIS HASTERT, nize Members from lists submitted by Medicare bill does not offer American Speaker of the House of Representatives. the majority and minority leaders for seniors health care choices just like morning hour debates. The Chair will f Members of Congress even though the alternate recognition between the par- President said it did. It does not even MESSAGE FROM THE SENATE ties, with each party limited to not to come close. A message from the Senate by Mr. exceed 30 minutes, and each Member, Even a basic comparison shows how except the majority leader, the minor- Monahan, one of its clerks, announced the Republican bill comes up woefully ity leader, or the minority whip, lim- that the Senate has passed with short. The Republican bill tells seniors amendments in which the concurrence ited to not to exceed 5 minutes. The Chair recognizes the gentleman they have to pay a $250 deductible. of the House is requested a bill of the Members of Congress do not pay a de- from Ohio (Mr. BROWN) for 5 minutes. House of the following title: ductible. The Republican bill requires H.R. 1. An act to amend title XVIII of the f seniors with drug costs over $2,000 to Social Security Act to provide for a vol- MEDICARE PRESCRIPTION DRUG continue paying monthly premiums untary program for prescription drug cov- BENEFIT even though they do not get any coverage under the Medicare Program, to mod- erage until they spend an additional ernize the Medicare Program, to amend the Mr. BROWN of Ohio. Mr. Speaker, Internal Revenue Code of 1986 to allow a de- earlier this year President Bush ad- $2,900 out of pocket. Members of Con- duction to individuals for amounts contrib- dressed a Michigan audience laying out gress do not make premium payments uted to health savings security accounts and his plans to restructure Medicare. He and get nothing in return. The Repub- health savings accounts, to provide for the said, ‘‘If it’s good enough for Members lican Medicare bill does not offer disposition of unused health benefits in cafe- of Congress, it’s good enough for sen- American seniors health care choices teria plans and flexible spending arrange- iors in this Nation.’’ What he meant just like Members of Congress. It does ments, and for other purposes. was that American seniors who enroll not even come close. The message also announced that the in Medicare should have health insur- The Washington Post said the drug Senate insists upon its amendments to ance choices like those available to benefit proposed by the Republicans for the bill (H.R. 1) ‘‘An Act to amend title Members of Congress under the health seniors provides merely a fraction of XVIII of the Social Security Act to insurance plan called the Federal em- the drug coverage that Members of provide for a voluntary program for ployees health benefits plan. President Congress receive. The chairman of the prescription drug coverage under the Bush was not the only one to say so. health policy department at Emory Medicare Program, to modernize the Republican leaders in the House made University said that drug benefits are Medicare Program, to amend the Inter- the same point. All of us have heard much better in the congressional Fed- nal Revenue Code of 1986 to allow a de- colleagues here say that. That mes- eral employees plan. Still do not be- duction to individuals for amounts con- sage, that seniors should have the same lieve the Republican bill offers a bad tributed to health savings security ac- kind of health insurance choices avail- deal for American seniors? You have to counts and health savings accounts, to able to Members of Congress, was an look no farther than H.R. 2631 on to- provide for the disposition of unused important selling point for the Repub- day’s suspension calendar. H.R. 2631 health benefits in cafeteria plans and lican Medicare prescription drug bill. says that private insurance plans under

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 Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.000 H08PT1 H6274 CONGRESSIONAL RECORD — HOUSE July 8, 2003 the Federal employees health benefit that process. The first is the Ready to Patterson of Jamaica, on behalf of the plan must agree to provide drug cov- Teach Act of 2003 sponsored by the gen- people of the U.S. Virgin Islands, the erage for Federal retirees actuarially tleman from Georgia (Mr. GINGREY) Congressional Black Caucus, and the equivalent to the drug coverage they which will strengthen and improve Congress of the United States. We in provide to current Federal employees. teacher training programs all around the Virgin Islands and the CBC pledge In other words, what that means is this country. With the enormous re- our continued support as they meet the that when Members of Congress and sponsibilities weighing on them today, challenges presented by new global and other Federal employees retire, they we owe it not only to American teach- regional trade alliances and loss of will not be forced to go into H.R. 1, ers but to their students to prepare preferences, HIV/AIDS and the other into the Republican Medicare bill. It is every one of them before they set foot social and economic needs of their con- good for Members of Congress, it is in the classroom. Highly qualified stituencies, governance, the need for good for Federal employees, because teachers, as all of us know and some of regionalization and the difficult rela- the Republican Medicare drug benefit us were lucky enough to have in tionship with us, their northern neigh- would be a step down for them. Re- school, are worth their weight in gold. bor. member what the President said: If it But too many inexperienced teachers I particularly want to recognize the is good enough for Members of Con- are being thrown into the classroom historic participation of the Honorable gress, it is good enough for seniors in without effective training and prepara- Thabo Mbeki, President of South Afri- this Nation. That is what he says about tion. This legislation will start meas- ca, in the recent 24th regular meeting the Republican bill. uring training programs’ success and of the conference of CARICOM heads of It would be a big step down to go into holding them accountable. It will bring government in Montego Bay, Jamaica. the Republican privatized drug benefit higher qualified individuals into the His presence significantly underscores plan for the 13 million American pri- training programs and ultimately into the connectedness of all people of Afri- vate sector retirees who get drug cov- the classrooms. It is an important first can descent and the sameness of our erage through their employers’ health step in reshaping American education struggles no matter whether on the insurance. The Congressional Budget to face the emerging challenges of the continent of Africa or in the diaspora. Office said that more than one-third of 21st century. As we are linked by blood and history, all seniors who are in private retire- Equally important is the bill of the so is our future tied together. ment plans will see their plans dropped gentleman from South Carolina (Mr. Mr. Speaker, the Caribbean commu- by their employer. They will be forced WILSON), the Teacher Recruitment and nity also shares important historical out of the private coverage they have Retention Act. Under this bill, qualities with this Nation and today rep- today, forced out of that plan and put fied teachers in math, science and spe- resents not only an important trading into the inferior Republican Medicare cial education would be eligible for stu- partner with the balance in our favor prescription drug plan. dent loan forgiveness of up to $17,500 if but also a critical partner in our fight H.R. 2631 says Members of Congress they teach in low-income community against drugs in our own country and should not have to live under the same schools. Most of these poor title I our important efforts to ensure our system that the Republican Medicare schools are in our Nation’s inner cities homeland security. With this back- plan foists on the American public. and in our rural areas where the need ground and the need for closer coopera- Should we pass H.R. 2631 today? Abso- for qualified teachers is most acute. tion, the recent interactions of our lutely, because 8.5 million Federal em- Too many math and science classes are country at the 24th heads of govern- ployees should not have to live with being taught by teachers who neither ment meetings held during the anni- the Republican Medicare bill’s drug majored nor minored in those fields. versary celebration do not make sense benefit. But given that the Republican And two-thirds of public schools to me. Medicare bill’s drug benefit is so bad around the country have teacher va- First, although the presence of U.S. that Congress, after passing it 2 weeks cancies in their special education pro- Trade Representative Robert Zoellick ago, today is exempting themselves, grams. was important to discussions of the im- get that again, the Republican Medi- Mr. Speaker, as more and more of our pact of the upcoming FTAA agreement, care bill is so bad from 2 weeks ago best teachers retire every year, the the refusal to support what I consider that passed here that today Congress is teaching shortage in America is ap- to be standard transitioning for these exempting itself from that plan so that proaching crisis levels and we must smaller countries in the face of the loss Members of Congress can continue to act. We have to develop innovative of important preferences which have enjoy good health coverage, not the in- ways to attract and retain the highest been the bulwark of their economic ferior plan that President Bush and Re- quality individuals we can for our stability is not the action of a friend publicans are foisting on Congress. schools, to get results for students, and neighbor. I hope that the adminis- We should pass H.R. 2631 today and parents and teachers around the coun- tration will reconsider its position. we should throw H.R. 1 in the shredder try. And while these two bills are only Secondly, there was discussion on the and get to work on a real prescription part of a broader agenda, both of them International Criminal Court. While drug benefit for American seniors. And start to do just that. there may be differing opinions as to whether the United States should be the President when he says, ‘‘If it’s f good enough for Congress, it’s good given a waiver from liability under this enough for seniors in this Nation,’’ the RECOGNIZING 30TH ANNIVERSARY court, it is unconscionable in my view President should mean what he says. OF CARICOM for us to strong arm the Caribbean f The SPEAKER pro tempore. Pursu- countries into supporting the waiver ant to the order of the House of Janu- by threatening to cut off financial aid BETTER TEACHERS MAKE BETTER ary 7, 2003, the gentlewoman from the which has been previously committed EDUCATION Virgin Islands (Mrs. CHRISTENSEN) is and on which they are depending. With The SPEAKER pro tempore. Pursu- recognized during morning hour de- friends like us, the CARICOM nations ant to the order of the House of Janu- bates for 5 minutes. do not need enemies. ary 7, 2003, the gentleman from Texas Mrs. CHRISTENSEN. Mr. Speaker, I This is not the first instance in (Mr. DELAY) is recognized during morn- rise this morning to recognize the 30th which this country has sought to force ing hour debates. anniversary of CARICOM which was its will by employing or threatening Mr. DELAY. Mr. Speaker, following celebrated on July 4 of this year. punitive measures that these nations President Bush’s landmark No Child Founded in 1973 in Chaguaramas, Trini- can ill afford. The CARICOM countries Left Behind law, we now have an op- dad, CARICOM, or its full name, the are to be commended, however, for not portunity to make overdue reforms in Caribbean Community, now includes 16 surrendering their national integrity the Federal Government’s role in our members. I want to congratulate in the face of our bullying. But there national education system. We will CARICOM’s outgoing chair, Prime Min- has to be a better way. I want to use take up two very important education ister Pierre Charles of Dominica, and this time, Mr. Speaker, to call on the reauthorization bills this week to begin the incoming chair, the Honorable P.J. administration to seek that better way

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.002 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6275 and to recognize the value and integ- to better train our police and our dis- them the opportunity for freedom that rity of these countries and territories, trict attorneys so that they know what had been denied them for so long. As not only because of their importance to tools they have at their disposal when such, rebuilding a country neglected our national defense in homeland secu- they are dealing with a stalker. And we for decades by a worthless tyrant takes rity and economic stability but be- need better cross-jurisdictional com- time, it takes patience, it takes perse- cause they are also sovereign nations munication. verance. Iraq is showing signs that the in their own right, with a long history Eleven percent of stalking victims efforts of our troops are yielding large of democratically elected governments. move to get away from their stalker. gains. We have over half of the Iraqis As the Delegate from one of this As soon as they do, you have got two most wanted in custody. We are train- country’s two Caribbean offshore areas, police departments, two district attor- ing Iraqis to police and govern them- the health of the region has a direct neys and two judicial systems sup- selves as a free nation. Iraqis have ac- impact on my district and constitu- posedly working together but often not cess to a growing number of publica- ents, even more directly than it does communicating about the victim and tions, newspapers and magazines re- on our larger Nation. We offer our- the stalker. No one should have to live placing the propaganda of the state-run selves and that of the recently formed in fear without protection and without news that previously existed. Elec- Caribbean Caucus as mediators to re- hope. I believe that this resolution is tricity is running 24 hours a day in store the relationships and mutual sup- the first step to getting better protec- Basra and improvements are being port that we used to enjoy with the tion for the victims of stalkers. made in Baghdad. According to reports members of CARICOM. I ask the House to rapidly consider now, Hussein would black out parts of July 4 is our most important na- the resolution and pass it from this Baghdad simply because there was not tional holiday. It is interesting that House. sufficient generation of power for the this is the same day that CARICOM f entire city. Our people are working to was founded. Perhaps the sharing of U.S. SUCCESS IN IRAQ change that and they are working very, this date may form the basis of the be- very hard. The SPEAKER pro tempore. Pursu- ginning of that new and improved rela- Mr. Speaker, many in some parts of ant to the order of the House of Janu- tionship. the media seem not only content but ary 7, 2003, the gentleman from Florida f resolute in reporting only those stories (Mr. STEARNS) is recognized during that portray bad news. Remember, INTRODUCING RESOLUTION TO morning hour debates for 5 minutes. some of these same people called our BRING GREAT AWARENESS OF Mr. STEARNS. Mr. Speaker, 227 initial military strategy a failure after THE PROBLEM OF STALKING years ago 56 men put their lives, their less than a week of combat. But I find The SPEAKER pro tempore. Pursu- families and fortunes on the line as it perplexing that all we hear from ant to the order of the House of Janu- they defied the most powerful country some reporters are stories describing ary 7, 2003, the gentlewoman from New in the world, England. These men dean Iraq that is a viper’s nest of Saddam Mexico (Mrs. WILSON) is recognized clared independence and our country loyalists and full of an angry civilian during morning hour debates for 5 min- was born by a swift stroke of a pen. population who want us to leave. How- utes. This weekend we celebrated our coun- ever, unlike some of our media report- Mrs. WILSON of New Mexico. Mr. try’s 227th birthday. This country, of ing, I believe normal, everyday people Speaker, Peggy Klinke was a con- course, has survived many conflicts, in this country realize that it will take stituent of mine from Albuquerque, both foreign and domestic, and we have time to foster democracy and to quell New Mexico. She was murdered in Jan- survived due to the fact that American attempts to destabilize fledgling new, uary of this year by a former boyfriend men and women always have answered free governments. Today’s copy of The who was obsessed with her and stalked the call should our rights and our free- Hill magazine touched on this issue her for almost 2 years. Today I will be doms come under attack. In the last and quoted dozens of soldiers who seem introducing a resolution to this House couple of years, terror has taken on a to be baffled by the endless wave of to bring greater awareness of the prob- new meaning to this country and its negative press. One helicopter pilot is lem of stalking in America and the citizens. We have been threatened like quoted as saying, ‘‘The media has mis- things that we need to do to protect its never before. With an amazing out- represented Iraqi resistance. For the victims. It is my pleasure that Debbie pouring of patriotism, we refused to most part, people here are extremely Riddle and Mark Spark are here today. allow the mantle of freedom to be friendly to us.’’ He goes on to say that, Debbie was Peggy’s sister and Mark taken from our shoulders. quote, crime in Baghdad is one-tenth of was her boyfriend. I wanted to thank With that in mind, Mr. Speaker, with what it is in Los Angeles. Finally, ac- them for joining me here today in the the end of Operation Sidewinder in cording to a poll taken by the Iraq Cen- House. Iraq, our Armed Forces have experi- More than 1 million women a year enced tremendous success. Yet we re- ter for Research & Strategic Studies, it and almost 400,000 men are stalked an- main confronted with the sad truth was found that 65 percent of Baghdadis nually. Those numbers are staggering. that this success has come at a cost of want U.S. troops to stay for how. Only One in 12 women and one in 45 men in American lives. Over the weekend, a 17 percent wanted them to pull out im- their lifetime will be stalked. Yet the Florida National Guard soldier from mediately. problem continues to go mostly unrec- my congressional district was killed. Let us look at what the U.S. has ac- ognized and not responded to properly. My thoughts and prayers are with his complished. For that, of course, we The bill that I am introducing would family and friends and I also mourn his need look no further than the words of make January Stalking Awareness loss. I had the opportunity to meet this General Tommy Franks in his recent Month in honor of Peggy in the month young man at the community college retirement speech when he said, ‘‘When that she died. he attended while serving in the Na- we arrived, the Taliban and al Qaeda The first step in addressing any prob- tional Guard. His presence, enthusiasm controlled Afghanistan and Saddam lem is to understand that problem and and dedication exemplifies the men and Hussein ruled Iraq with an iron hand. make sure that other people do, be- women of our Armed Forces that con- What a difference 22 months makes. cause until people understand it, you tinue to serve in Iraq. Twenty-two months ago, the United cannot mobilize the will for change. We From Afghanistan to Iraq and pos- States of America and the free world need model laws and to make sure sibly Liberia, our troops face life- looked into the face of evil and de- those model laws are implemented in threatening situations. But they fight feated it.’’ Now we are moving closer to every State in this country. We need to for those who yearn for freedom, who freedom in Iraq and Afghanistan. identify the best practices for dealing cannot fight for themselves. All who Yes, there is a tremendous amount of with stalkers, practical things proven wish for democracy know that America work to be done but the peace is not to work in the field that can be used by can be the source of the freedoms that lost. With where we are today, the victims and also by law enforcement to have so long eluded them. Our troops glass for continued democracy in these make sure victims are safer. We need liberated 24 million Iraqis and gave countries is over half full.

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.004 H08PT1 H6276 CONGRESSIONAL RECORD — HOUSE July 8, 2003 RECESS Pong Su, was captured while trying to There was no objection. The SPEAKER pro tempore. Pursu- transfer $80 million worth of heroin to f ant to clause 12(a) of rule I, the Chair a fishing boat off the coast of Aus- tralia. This incident confirms that the DEPARTMENT OF DEFENSE declares the House in recess until noon APPROPRIATIONS ACT, 2004 today. rogue regime of Kim Jong Il is selling The SPEAKER pro tempore. Pursu- Accordingly (at 10 o’clock and 55 drugs to tighten his grip on power and ant to the order of the House of Thurs- minutes a.m.), the House stood in re- prolong his reign of terror. The evidence tying this evil regime day, June 26, 2003, and rule XVIII, the cess until noon. to the drug trade is overwhelming. One Chair declares the House in the Com- f of the 26 people aboard the Pong Su mittee of the Whole House on the State b 1200 was a member of the North Korean rul- of the Union for the consideration of ing party who served as a senior envoy the bill, H.R. 2658. AFTER RECESS in Pyongyang’s embassy in Beijing. b 1208 The recess having expired, the House At a recent hearing in the Senate, a IN THE COMMITTEE OF THE WHOLE was called to order by the Speaker pro former high-ranking North Korean offi- Accordingly, the House resolved tempore (Mr. BOOZMAN) at noon. cial testified that Kim Jong Il has personally designated land in North Korea itself into the Committee of the Whole f for the growth of opium. And U.S. House on the State of the Union for the PRAYER State Department officials have con- consideration of the bill (H.R. 2658) cluded that the illegal drug program is making appropriations for the Depart- The Chaplain, the Reverend Daniel P. sanctioned by the North Korean Gov- ment of Defense for the fiscal year end- Coughlin, offered the following prayer: ernment, who is using it to fund its ing September 30, 2004 and for other Lord God, You delivered Jericho into weapons programs. purposes, with Mr. CAMP in the chair. the hands of Joshua with the mighty This incident is a reminder that The Clerk read the title of the bill. sound of trumpet blasts and the joyful North Korea will stop at nothing to ex- The CHAIRMAN. Pursuant to the shouts of believers in Your power. We pand its nuclear arsenal. order of the House of Thursday, June remember the story of these tumbling f 26, 2003, the bill is considered as having walls coming down, but to this day no BRING IT ON been read the first time. one can find any remains of Joshua’s The gentleman from California (Mr. Jericho. So complete is Your victory, (Ms. LORETTA SANCHEZ of Cali- LEWIS) and the gentleman from Penn- Lord. fornia asked and was given permission sylvania (Mr. MURTHA) each will con- In our own day, bring an end to the to address the House for 1 minute and trol 30 minutes. violence in Iraq. Protect and bless to revise and extend her remarks.) The Chair recognizes the gentleman peacemakers and the coalition mili- Ms. LORETTA SANCHEZ of Cali- from California (Mr. LEWIS). fornia. Mr. Speaker, I rise today to tary forces who are trying to bring law Mr. LEWIS of California. Mr. Chair- voice concern over the disregard Presi- and order to that land. Bring down the man, I yield myself such time as I may dent Bush has shown to our brave walls of prejudice and indifference consume. servicemembers and their families. Our which surround war-torn Iraq. Embrace First, I appreciate very much having troops are dying in Iraq at a rate of one the people there with Your Spirit, that the opportunity to share this time with per day. The reason? This administra- they may know peace and unity. May the gentleman from Pennsylvania (Mr. tion failed to adequately plan for post- their ancient treasures of culture be re- MURTHA). I am very pleased today to war peacekeeping and civil reconstruc- stored as they rebuild a new nation bring before the House the 2004 defense tion in Iraq. As a consequence, our founded upon religious truth and appropriations bill. It is a bill that re- troops are overstretched, morale is human dignity. flects very much the direction of the low, and the situation within Iraq is May goodness, truth and beauty in Commander-in-Chief as well as the De- the end prove victorious. Amen. getting worse by the day. This administration must, it must partment of Defense regarding the war f readdress the situation and give our on terrorism that we are pursuing in the Middle East at this point, but also THE JOURNAL troops the peacekeeping training that they need; and, in addition, efforts to recognizing its great threat around the The SPEAKER pro tempore. The reach out to the international commu- world. Chair has examined the Journal of the nity for assistance must be enhanced. The bill itself is a very, very good bill last day’s proceedings and announces In short, we should do everything in that I highly commend to the Mem- to the House his approval thereof. our power to quell the violence as bers, Mr. Chairman. I must say that in Pursuant to clause 1, rule I, the Jour- quickly as possible. terms of its allocation, I am a bit dis- nal stands approved. But instead, just last weekend, Presi- appointed, for the bill before us is in f dent Bush taunted insurgents in Iraq the neighborhood of $3 billion below the President’s request. But having PLEDGE OF ALLEGIANCE by boasting, ‘‘Bring ’em on.’’ This is an insult not only to the military families said that, we did provide some re- The SPEAKER pro tempore. Will the who have lost a loved one in Iraq, but allocation that helps some of our other gentlewoman from California (Ms. LO- to those who live under the constant bills, and in the meantime, we are RETTA SANCHEZ) come forward and lead fear that their loved ones might not doing all we can to recoup some of the House in the Pledge of Allegiance. come home. those dollars by way of other venues. Ms. SANCHEZ led the Pledge of Alle- Having said that, the bill is a very f giance as follows: balanced bill, and we have made every I pledge allegiance to the Flag of the GENERAL LEAVE effort to reflect the will of the House as United States of America, and to the Repub- Mr. LEWIS of California. Mr. Speak- well as the needs of our men and lic for which it stands, one nation under God, er, I ask unanimous consent that all women who are representing us so well indivisible, with liberty and justice for all. Members may have 5 legislative days around the world. f within which to revise and extend their Before going on and commenting remarks on H.R. 2658, making appro- briefly about the bill, I want to express NORTH KOREA SELLING HEROIN priations for the Department of De- my deep appreciation to my colleague TO PAY FOR NUKES fense for the fiscal year ending Sep- from Pennsylvania (Mr. MURTHA), who (Mr. PITTS asked and was given per- tember 30, 2004, and for other purposes, works hand in glove with me in devel- mission to address the House for 1 and that I may include tabular and ex- oping this bill, always, but particularly minute and to revise and extend his re- traneous material. in this very difficult year with the marks.) The SPEAKER pro tempore. Is there challenges we face in the world. Mr. PITTS. Mr. Speaker, a couple of objection to the request of the gen- Mr. Chairman, I must say that this months ago, a North Korean ship, the tleman from California? work would not have been able to have

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VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.053 H08PT1 Insert offset folio 188C/4 here EH08JY03.004 H6282 CONGRESSIONAL RECORD — HOUSE July 8, 2003 Mr. Chairman, I reserve the balance ing. Or it could have hired nearly 15,000 ele- I look forward to working with my colleagues of my time. mentary school teachers. to ensure that the critical health care needs of Mr. MURTHA. Mr. Chairman, I yield And this year we are spending 17 percent all Americans are adequately met before we myself such time as I may consume. more. That’s a misplaced priority. And it is not commit to providing universal health care serv- Mr. Chairman, this is a completely the ticket to national security. ices in Iraq. I remain dedicated to providing af- bipartisan bill, as the Chairman men- Mr. WICKER. Mr. Chairman, I rise in sup- fordable and accessible health care for U.S. tioned. Staff has worked diligently on port of this bill and would like to take a quick citizens first. working the details. We have worked moment to compliment the work done by the Mr. NUSSLE. Mr. Chairman, I rise today in with all the Members. We spent a lot of Defense Appropriations subcommittee. As a support of H.R. 2658, the Defense Appropria- time asking Members for their input. new member of this subcommittee, I have tions Act for Fiscal Year 2004. This piece of We got a lot more input than we could been thoroughly impressed by the professional legislation is perhaps the most important com- afford, but we have done the best we and unified way in which this committee con- ponent of our wartime budget for America. It could do with the amount that we had. ducts its difficult responsibilities. My chairman, is the third bill we are considering pursuant to Mr. Chairman, I yield back the bal- Mr. LEWIS, Ranking Member MURTHA, and the 302(b) allocations adopted by the Appro- ance of my time. their staffs are to be commended on the dif- priations Committee on June 17. I am pleased Mr. LEWIS of California. Mr. Chair- ficult work of putting together a fair and bal- to report that it is consistent with the levels es- man, I yield 1 minute to the gentleman anced bill, while being under such a tight allo- tablished in H. Con. Res. 95, the House con- from Florida (Mr. YOUNG), chairman of cation constraint. current resolution on the budget for fiscal year the full committee. I would like to call attention to an item in the 2004, which Congress adopted as its fiscal Mr. YOUNG of Florida. Mr. Chair- Defense Health Programs that I believe is blueprint on April 10. The budget resolution man, I just rise in strong support of noteworthy. Under the committee’s action, provided $400.1 billion in discretionary budget this bill and to compliment the chair- there are resources allocated for muscular authority for the national defense function. man of the subcommittee, the gen- dystrophy research and the muscle research This bill funds the bulk of that commitment. tleman from California (Mr. LEWIS) and consortium. This research has significant ap- The rest is funded in the military construction the ranking member, the gentleman plications for our military in terms of human bill, which the House already passed on June from Pennsylvania (Mr. MURTHA). muscle strength, and the implications for com- 26, and the energy and water bill. Mr. Chairman, when they mentioned bating bioterrorism through better under- H.R. 2658 provides $368.662 billion in new the ability of the staff, they are ex- standing of how motor neurons and muscle discretionary budget authority, which is within actly right. This bill, while it is nearly tissue are impacted by biotoxins. It is impor- the 302(b) allocation to the House Appropria- half of all discretionary spending, is tant that this program be shared in a collabo- tions Subcommittee on Defense. This is a 1.2- not half of all government spending, rative consortium of the nation’s four pre- percent increase from the previous year, but because mandatories take up two- eminent muscle research facilities and a na- builds on a 5-year average annual growth rate thirds of the spending. But this bill is tional clinical trials network. More importantly, of 7.2 percent for defense appropriations. The half of the discretionary spending, and as the author of the Muscular Dystrophy bill contains no emergency-designated new this subcommittee does a tremendous CARE Act signed into law by President Bush budget authority, but does include $2.14 billion job in allocating it in a proper way. in 2001, I am acutely aware of the tremendous worth of rescissions from previously enacted I am just in very strong support of needs for translational research regarding the appropriations. this, and I compliment the leadership scourge of childhood muscular dystrophy, and Accordingly, the bill complies with section of the subcommittee. I am encouraged that appropriations such as 302(f) of the Budget Act, which prohibits con- Mr. CAPUANO. Mr. Chairman, I would like this will bring hope to thousands of families sideration of bills in excess of an appropria- to commend the House Appropriations De- who suffer much and deserve their fair share tions subcommittee’s 302(b) allocation of fense Subcommittee Chairman and Ranking of Federal research dollars. budget authority and outlays established in the Democrat for their leadership in bringing this Mr. STUPAK. Mr. Chairman, I wish to ex- budget resolution. bill to the House Floor. press my concerns that funds from the Depart- This bill represents the House’s support for I would like to express my appreciation for ment of Defense budget could be used to pro- the more than 165,000 U.S. troops performing the continued funding of the Joint Diabetes vide universal health care coverage for the difficult and dangerous duty in Iraq and Af- Project in Army RDT&E, Medical Advanced Iraqi people. ghanistan. The bill contains the largest re- Technology. This project, a collaborative effort I understand that it may be necessary to search and development funding ever, and the of DOD, VA and Joslin Diabetes Center, is care for Iraqi citizens injured in the war, but if largest procurement funding since 1990. H.R. bringing advanced, state of the art diabetes we’re going to provide universal health care to 2658 also funds a range of military pay raises detection, care and prevention to large por- the Iraqi population we should do the same for up to 6.25 percent, as previously provided for tions of the DOD and VA patient populations. our citizens here at home. in the Defense Authorization Bill. The Joslin Vision Network, enhanced by the The 41.2 million Americans who lack health I would add one note of caution: the Pen- Comprehensive Diabetes Management Pro- insurance coverage should not have to suffer tagon has confirmed in a letter to me that the gram, has been proven to reduce costs while from lack of quality health care any longer. press reports claiming that DOD cannot ac- providing improved care. And our soldiers fighting in Iraq, who will soon count for some of the supplemental funding Ms. LEE. Mr. Chairman, I rise today in op- become veterans, should not be denied future since September 11, 2001, are essentially cor- position to this bill. National defense is impor- health care and should not have to worry rect. Accordingly, it is essential that this body tant to all of us. This bill, however, will neither about whether their families will receive health adhere to budget rules, carefully examine ensure our defense nor promote the general care coverage now or in the future. budget requests, and diligently conduct over- welfare, two of the central obligations of this I had intended to offer an amendment to the sight to ensure defense resources are used government. 2004 Defense Appropriations bill to require efficiently. At over $368 billion, this bill expends scarce that the U.S. provide funds only for the war- I conclusion, I express my support for H.R. resources in Cold War era weapons systems. related health care needs of Iraqi citizens, and 2658. It spends another $9 billion on missile de- not for the universal health care services cur- Mr. SANDLIN. Mr. Chairman, I urge my col- fense, a 17-percent increase over last year. rently being offered for Iraq, however, I under- leagues to join me in strong support of H.R. This represents another heavy installment on stood that my amendment may not have been 2658, the Department of Defense Appropria- what may be a bottomless pit of spending. ruled in order. tions Act for FY 2004. I applaud the bipartisan This spending comes at real costs. To put Instead of offering an amendment, there- effort that has brought this vital and carefully this in perspective, last year, according to the fore, I urge my colleagues to consider my po- balanced legislation to the floor, and regret National Priorities Project, the people of Cali- sition in opposition to universal care service that I was unavoidably detained in my home fornia paid $859 million in tax dollars that were for Iraqis until universal health is provided to State and, therefore, not able to cast my vote spent on missile defense. all Americans. As Congress continues to ad- in favor of this bill. Had I been present, I That money could have paid to allow an- dress the future health care funding needs re- would have voted ‘‘aye’’ on this extremely im- other 106,000 children to enroll in Head Start. lated to U.S. involvement in Iraq, I will con- portant legislation. It could have extended healthcare coverage to tinue to pursue opportunities to offer amend- The bill before the House today deserves nearly half a million children. It could have cre- ments which provide for universal health care the strong support of every Member as it con- ated over 12,000 new units of affordable hous- here in the U.S. tinues the efforts of Congress to ensure that

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K08JY7.009 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6283 our nation’s military is ready for the challenges September 11, 2001. He stated: ‘‘America is a are appropriated, out of any money in the of the 21st century. As has been repeatedly nation full of good fortune, with so much to be Treasury not otherwise appropriated, for the demonstrated during our ongoing confrontation grateful for. But we are not spared from suf- fiscal year ending September 30, 2004, for military functions administered by the De- with terrorists and tyrants around the world, fering. In every generation, the world has pro- partment of Defense and for other purposes, these challenges are as daunting as any our duced enemies of human freedom. They have namely: great nation has ever faced. I am gratified that attacked America, because we are freedom’s TITLE I my colleagues understand that our security home and defender.’’ MILITARY PERSONNEL and the defense of freedom must remain Mr. Chairman, the bill we have before us MILITARY PERSONNEL, ARMY above the partisan fray and demand our full today is our answer to those who would attack commitment. America. This is a strong legislative product— For pay, allowances, individual clothing, We have been thrust into an age of warfare subsistence, interest on deposits, gratuities, one that reflects well on the Committee on Ap- permanent change of station travel (includ- that demands heretofore unimaginable speed, propriations, I want to commend you, Chair- ing all expenses thereof for organizational complexity and flexibility for our fighting ma- man, LEWIS, Chairman YOUNG and Ranking movements), and expenses of temporary duty chines and the men and women who design, Members OBEY and MURTHA for your leader- travel between permanent duty stations, for build and operate them. This bill provides for ship. members of the Army on active duty, (except the most forward-looking technology in our air- Mr. Chairman, as we consider this important members of reserve components provided for craft, ships, ground weapons and missile de- legislation, we must remain mindful that our elsewhere), cadets, and aviation cadets; and fense. We must press forward in developing troops are in the field—brave men and women for payments pursuant to section 156 of Pub- leading edge technology, looking not only to fighting a new kind of war, as we speak. lic Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense the needs of today but to 2020, 2050 and be- It is a war fought with new technology in a Military Retirement Fund, $28,233,436,000. yond. land that is very old world. Mr. LEWIS of California (during the The most crucial commitment we must fulfill, It is a war that had Forward Air Controllers reading). Mr. Chairman, I ask unani- however, is the one we make to the soldiers, riding horseback and calling in strikes from mous consent that the bill through sailors, airmen and Marines who remain un- laptop computers. page 116, line 19, be considered as read, questionably the foundation for the United This is a war being fought from our ships printed in the RECORD, and open to States’ continuing status as the world’s sole stationed 700 miles from targets. amendment at any point. superpower, unrivaled in our ability to defend This is a war that utilizes B–52s and B–2s The CHAIRMAN. Is there objection and support freedom anywhere in the world. and B1Bs for precision targeting, but it is also to the request of the gentleman from The funding provided in this bill is critical to a war that calls for our troops to go from cave California? ensuring that the brave men and women in to cave or building to building to seek out the There was no objection. our armed services have the tools and re- enemy. It is a war whose enemy is difficult to The text of the bill from page 2, line sources necessary to accomplish a swift, sure identify. 15, through page 116, line 19, is as fol- and decisive victory over tyranny and oppres- At the same time as our men and women lows: sion across the globe. The best of America, are in action in Iraq and Afghanistan and other and thousands of the best from my home scattered locations, the leadership of the De- MILITARY PERSONNEL, NAVY state of Texas—our men and women in uni- partment of Defense continues its wide-rang- For pay, allowances, individual clothing, form, active duty and reserve components ing transformation of the methods and mis- subsistence, interest on deposits, gratuities, permanent change of station travel (includ- alike—are now in harm’s way in Iraq and Af- sions and capabilities of our fighting forces. ing all expenses thereof for organizational ghanistan, on the high seas and at the far cor- In this context, America’s armed forces have movements), and expenses of temporary duty ners of the world. These brave Americans now been charged with developing the capabilities travel between permanent duty stations, for risk their lives to confront the oppression, tyr- to fight jointly with coalition partners to secure members of the Navy on active duty (except anny, and terrorism that plague and threaten victory across the full spectrum of warfare members of the Reserve provided for else- the world and our nation. while continuing the transition to a more flexi- where), midshipmen, and aviation cadets; Through our support of this bill, Mr. Chair- ble, more agile, lighter and more lethal force. and for payments pursuant to section 156 of man, we show our unequivocal support for our Of course, our goal is to provide a new level Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense military men and women by providing them of efficiency and protection to our warfighter Military Retirement Fund, $23,052,001,000. with improved pay and benefits and better so that they may fight—and win—the new kind MILITARY PERSONNEL, MARINE CORPS working and living conditions. We can never of wars that will face the United States of do enough to compensate these dedicated America in coming years. For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, men and women for their sacrifices in defense Mr. Chairman, we are a peaceful people. permanent change of station travel (includ- of our freedom, but this bill represents con- But recent months have shown the world that ing all expenses thereof for organizational tinuing movement in the right direction. we will fight anywhere to defend our national movements), and expenses of temporary duty One of this nation’s finest traditions is our security. travel between permanent duty stations, for support of our men and women in uniform. The men and women of our armed forces members of the Marine Corps on active duty American forces, whether deployed here at have made us proud. For them—and their (except members of the Reserve provided for home or across the globe, fight not for narrow families—I urge adoption of the bill. elsewhere); and for payments pursuant to interests or for reasons of national pride. Mr. LEWIS of California. Mr. Chair- section 156 of Public Law 97–377, as amended man, I yield back the balance of my (42 U.S.C. 402 note), and to the Department of American soldiers, sailors, airman, and Ma- Defense Military Retirement Fund, rines are engaged in combat today so that our time. $8,962,197,000. The CHAIRMAN. All time for general people do not live in a world in which tyrants MILITARY PERSONNEL, AIR FORCE armed with weapons of horror hold free na- debate has expired. For pay, allowances, individual clothing, tions hostage, and in doing so threaten free- Pursuant to the order of the House of subsistence, interest on deposits, gratuities, dom itself. Thursday, June 26, 2003, the bill shall permanent change of station travel (includ- Accordingly, it is our solemn obligation to be considered for amendment under the ing all expenses thereof for organizational stand solidly behind our soldiers, sailors, air- 5-minute rule. movements), and expenses of temporary duty men and Marines and to give our men and During consideration of the bill for travel between permanent duty stations, for women in uniform the full and complete sup- amendment, the Chair may accord pri- members of the Air Force on active duty (export they must have in order to prevail in this ority in recognition to a Member offer- cept members of reserve components pro- war and come safely home. This appropria- ing an amendment that he has printed vided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section in the designated place in the CONGRES- tions bill is an appropriate step in fulfilling our 156 of Public Law 97–377, as amended (42 obligation. SIONAL RECORD. Those amendments U.S.C. 402 note), and to the Department of Mr. Chairman, I urge my colleagues to lend will be considered read. Defense Military Retirement Fund, their full support for H.R. 2658. Our nation’s The Clerk will read. $23,121,003,000. service men and women deserve no less. The Clerk read as follows: RESERVE PERSONNEL, ARMY Mr. FRELINGHUYSEN. Mr. Chairman, as H.R. 2658 For pay, allowances, clothing, subsistence, we debate this appropriations bill today, we Be it enacted by the Senate and House of Rep- gratuities, travel, and related expenses for should recall the words of our President, resentatives of the United States of America in personnel of the Army Reserve on active George W. Bush, shortly after the attacks of Congress assembled, That the following sums duty under sections 10211, 10302, and 3038 of

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.017 H08PT1 H6284 CONGRESSIONAL RECORD — HOUSE July 8, 2003 title 10, United States Code, or while serving personnel of the Air National Guard on duty tificate of necessity for confidential military on active duty under section 12301(d) of title under section 10211, 10305, or 12402 of title 10 purposes: Provided, That notwithstanding 10, United States Code, in connection with or section 708 of title 32, United States Code, any other provision of law, of the funds pro- performing duty specified in section 12310(a) or while serving on duty under section vided in this Act for Civil Military programs of title 10, United States Code, or while un- 12301(d) of title 10 or section 502(f) of title 32, under this heading, $500,000 shall be available dergoing reserve training, or while per- United States Code, in connection with per- for a grant for Outdoor Odyssey, Roaring forming drills or equivalent duty or other forming duty specified in section 12310(a) of Run, Pennsylvania, to support the Youth De- duty, and for members of the Reserve Offi- title 10, United States Code, or while under- velopment and Leadership program and De- cers’ Training Corps, and expenses author- going training, or while performing drills or partment of Defense STARBASE program: ized by section 16131 of title 10, United States equivalent duty or other duty, and expenses Provided further, That none of the funds ap- Code; and for payments to the Department of authorized by section 16131 of title 10, United propriated or otherwise made available by Defense Military Retirement Fund, States Code; and for payments to the Depart- this Act may be used to plan or implement $3,568,625,000. ment of Defense Military Retirement Fund, the consolidation of a budget or appropria- RESERVE PERSONNEL, NAVY $2,140,598,000. tions liaison office of the Office of the Sec- retary of Defense, the office of the Secretary For pay, allowances, clothing, subsistence, TITLE II of a military department, or the service gratuities, travel, and related expenses for OPERATION AND MAINTENANCE headquarters of one of the Armed Forces personnel of the Navy Reserve on active duty OPERATION AND MAINTENANCE, ARMY into a legislative affairs or legislative liaison under section 10211 of title 10, United States (INCLUDING TRANSFER OF FUNDS) office: Provided further, That $4,700,000, to re- Code, or while serving on active duty under main available until expended, is available section 12301(d) of title 10, United States For expenses, not otherwise provided for, only for expenses relating to certain classi- Code, in connection with performing duty necessary for the operation and maintenance fied activities, and may be transferred as specified in section 12310(a) of title 10, United of the Army, as authorized by law; and not necessary by the Secretary to operation and States Code, or while undergoing reserve to exceed $11,034,000 can be used for emer- maintenance appropriations or research, de- training, or while performing drills or equiv- gencies and extraordinary expenses, to be ex- velopment, test and evaluation appropria- alent duty, and for members of the Reserve pended on the approval or authority of the tions, to be merged with and to be available Officers’ Training Corps, and expenses au- Secretary of the Army, and payments may for the same time period as the appropria- thorized by section 16131 of title 10, United be made on his certificate of necessity for tions to which transferred: Provided further, States Code; and for payments to the Depart- confidential military purposes, That any ceiling on the investment item ment of Defense Military Retirement Fund, $24,903,992,000: Provided, That of the funds ap- unit cost of items that may be purchased $1,983,153,000. propriated in this paragraph, not less than $355,000,000 shall be made available only for with operation and maintenance funds shall RESERVE PERSONNEL, MARINE CORPS conventional ammunition care and mainte- not apply to the funds described in the pre- For pay, allowances, clothing, subsistence, nance: Provided further, That of funds made ceding proviso: Provided further, That the gratuities, travel, and related expenses for available under this heading, $2,500,000 shall transfer authority provided under this head- personnel of the Marine Corps Reserve on ac- be available for Fort Baker, in accordance ing is in addition to any other transfer au- tive duty under section 10211 of title 10, with the terms and conditions as provided thority provided elsewhere in this Act. United States Code, or while serving on ac- under the heading ‘‘Operation and Mainte- OPERATION AND MAINTENANCE, ARMY tive duty under section 12301(d) of title 10, nance, Army’’, in Public Law 107–117. RESERVE United States Code, in connection with per- OPERATION AND MAINTENANCE, NAVY For expenses, not otherwise provided for, forming duty specified in section 12310(a) of necessary for the operation and mainte- title 10, United States Code, or while under- For expenses, not otherwise provided for, nance, including training, organization, and going reserve training, or while performing necessary for the operation and maintenance administration, of the Army Reserve; repair drills or equivalent duty, and for members of of the Navy and the Marine Corps, as author- of facilities and equipment; hire of passenger the Marine Corps platoon leaders class, and ized by law; and not to exceed $4,463,000 can motor vehicles; travel and transportation; expenses authorized by section 16131 of title be used for emergencies and extraordinary care of the dead; recruiting; procurement of 10, United States Code; and for payments to expenses, to be expended on the approval or services, supplies, and equipment; and com- the Department of Defense Military Retire- authority of the Secretary of the Navy, and munications, $2,031,309,000. ment Fund, $571,444,000. payments may be made on his certificate of necessity for confidential military purposes, OPERATION AND MAINTENANCE, NAVY RESERVE RESERVE PERSONNEL, AIR FORCE $28,060,240,000. For expenses, not otherwise provided for, For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE, MARINE CORPS necessary for the operation and mainte- gratuities, travel, and related expenses for nance, including training, organization, and personnel of the Air Force Reserve on active For expenses, not otherwise provided for, administration, of the Navy Reserve; repair duty under sections 10211, 10305, and 8038 of necessary for the operation and maintenance of facilities and equipment; hire of passenger title 10, United States Code, or while serving of the Marine Corps, as authorized by law, motor vehicles; travel and transportation; on active duty under section 12301(d) of title $3,440,456,000. care of the dead; recruiting; procurement of 10, United States Code, in connection with OPERATION AND MAINTENANCE, AIR FORCE services, supplies, and equipment; and com- performing duty specified in section 12310(a) For expenses, not otherwise provided for, munications, $1,171,921,000. of title 10, United States Code, or while unnecessary for the operation and maintenance dergoing reserve training, or while per- of the Air Force, as authorized by law; and OPERATION AND MAINTENANCE, MARINE CORPS forming drills or equivalent duty or other not to exceed $7,801,000 can be used for emer- RESERVE duty, and for members of the Air Reserve Of- gencies and extraordinary expenses, to be ex- For expenses, not otherwise provided for, ficers’ Training Corps, and expenses author- pended on the approval or authority of the necessary for the operation and mainte- ized by section 16131 of title 10, United States Secretary of the Air Force, and payments nance, including training, organization, and Code; and for payments to the Department of may be made on his certificate of necessity administration, of the Marine Corps Reserve; Defense Military Retirement Fund, for confidential military purposes, repair of facilities and equipment; hire of $1,267,888,000. $26,689,043,000: Provided, That notwith- passenger motor vehicles; travel and trans- NATIONAL GUARD PERSONNEL, ARMY standing any other provision of law, that of portation; care of the dead; recruiting; procurement of services, supplies, and equip- For pay, allowances, clothing, subsistence, the funds available under this heading, ment; and communications, $173,952,000. gratuities, travel, and related expenses for $750,000 shall only be available to the Sec- personnel of the Army National Guard while retary of the Air Force for a grant to Florida OPERATION AND MAINTENANCE, AIR FORCE on duty under section 10211, 10302, or 12402 of Memorial College for the purpose of funding RESERVE title 10 or section 708 of title 32, United minority aviation training. For expenses, not otherwise provided for, States Code, or while serving on duty under OPERATION AND MAINTENANCE, DEFENSE-WIDE necessary for the operation and mainte- section 12301(d) of title 10 or section 502(f) of (INCLUDING TRANSFER OF FUNDS) nance, including training, organization, and title 32, United States Code, in connection administration, of the Air Force Reserve; re- For expenses, not otherwise provided for, with performing duty specified in section pair of facilities and equipment; hire of pas- necessary for the operation and maintenance 12310(a) of title 10, United States Code, or senger motor vehicles; travel and transpor- of activities and agencies of the Department while undergoing training, or while per- tation; care of the dead; recruiting; procure- of Defense (other than the military depart- forming drills or equivalent duty or other ment of services, supplies, and equipment; ments), as authorized by law, $16,124,455,000, duty, and expenses authorized by section and communications, $2,144,188,000. of which not to exceed $25,000,000 may be 16131 of title 10, United States Code; and for available for the CINC initiative fund ac- OPERATION AND MAINTENANCE, ARMY payments to the Department of Defense Mili- count; and of which not to exceed $34,500,000 NATIONAL GUARD tary Retirement Fund, $5,382,719,000. can be used for emergencies and extraor- For expenses of training, organizing, and NATIONAL GUARD PERSONNEL, AIR FORCE dinary expenses, to be expended on the ap- administering the Army National Guard, in- For pay, allowances, clothing, subsistence, proval or authority of the Secretary of De- cluding medical and hospital treatment and gratuities, travel, and related expenses for fense, and payments may be made on his cer- related expenses in non-Federal hospitals;

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.012 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6285 maintenance, operation, and repairs to ardous waste, removal of unsafe buildings ferred: Provided, That the Secretary of the structures and facilities; hire of passenger and debris of the Department of the Army, Army shall, upon determining that such motor vehicles; personnel services in the Na- or for similar purposes, transfer the funds funds are required for environmental res- tional Guard Bureau; travel expenses (other made available by this appropriation to toration, reduction and recycling of haz- than mileage), as authorized by law for other appropriations made available to the ardous waste, removal of unsafe buildings Army personnel on active duty, for Army Department of the Army, to be merged with and debris at sites formerly used by the De- National Guard division, regimental, and and to be available for the same purposes partment of Defense, transfer the funds made battalion commanders while inspecting units and for the same time period as the appro- available by this appropriation to other ap- in compliance with National Guard Bureau priations to which transferred: Provided fur- propriations made available to the Depart- regulations when specifically authorized by ther, That upon a determination that all or ment of the Army, to be merged with and to the Chief, National Guard Bureau; supplying part of the funds transferred from this appro- be available for the same purposes and for and equipping the Army National Guard as priation are not necessary for the purposes the same time period as the appropriations authorized by law; and expenses of repair, provided herein, such amounts may be trans- to which transferred: Provided further, That modification, maintenance, and issue of sup- ferred back to this appropriation. upon a determination that all or part of the plies and equipment (including aircraft), ENVIRONMENTAL RESTORATION, NAVY funds transferred from this appropriation are $4,325,231,000. not necessary for the purposes provided here- (INCLUDING TRANSFER OF FUNDS) in, such amounts may be transferred back to OPERATION AND MAINTENANCE, AIR NATIONAL For the Department of the Navy, this appropriation. GUARD $256,153,000, to remain available until trans- For operation and maintenance of the Air ferred: Provided, That the Secretary of the OVERSEAS HUMANITARIAN, DISASTER, AND National Guard, including medical and hos- Navy shall, upon determining that such CIVIC AID pital treatment and related expenses in non- funds are required for environmental res- For expenses relating to the Overseas Hu- Federal hospitals; maintenance, operation, toration, reduction and recycling of haz- manitarian, Disaster, and Civic Aid pro- repair, and other necessary expenses of fa- ardous waste, removal of unsafe buildings grams of the Department of Defense (con- cilities for the training and administration and debris of the Department of the Navy, or sisting of the programs provided under sec- of the Air National Guard, including repair for similar purposes, transfer the funds made tions 401, 402, 404, 2547, and 2561 of title 10, of facilities, maintenance, operation, and available by this appropriation to other ap- United States Code), $59,000,000, to remain modification of aircraft; transportation of propriations made available to the Depart- available until September 30, 2005. things, hire of passenger motor vehicles; sup- ment of the Navy, to be merged with and to FORMER SOVIET UNION THREAT REDUCTION plies, materials, and equipment, as author- be available for the same purposes and for ized by law for the Air National Guard; and the same time period as the appropriations For assistance to the republics of the expenses incident to the maintenance and to which transferred: Provided further, That former Soviet Union, including assistance use of supplies, materials, and equipment, in- upon a determination that all or part of the provided by contract or by grants, for facili- cluding such as may be furnished from funds transferred from this appropriation are tating the elimination and the safe and se- stocks under the control of agencies of the not necessary for the purposes provided here- cure transportation and storage of nuclear, Department of Defense; travel expenses in, such amounts may be transferred back to chemical and other weapons; for establishing (other than mileage) on the same basis as au- this appropriation. programs to prevent the proliferation of weapons, weapons components, and weapon- thorized by law for Air National Guard per- ENVIRONMENTAL RESTORATION, AIR FORCE sonnel on active Federal duty, for Air Na- related technology and expertise; for pro- (INCLUDING TRANSFER OF FUNDS) tional Guard commanders while inspecting grams relating to the training and support of units in compliance with National Guard Bu- For the Department of the Air Force, defense and military personnel for demili- reau regulations when specifically author- $384,307,000, to remain available until trans- tarization and protection of weapons, weap- ized by the Chief, National Guard Bureau, ferred: Provided, That the Secretary of the ons components and weapons technology and $4,424,046,000. Air Force shall, upon determining that such expertise, and for defense and military con- funds are required for environmental res- tacts, $450,800,000, to remain available until OVERSEAS CONTINGENCY OPERATIONS toration, reduction and recycling of haz- September 30, 2006. TRANSFER ACCOUNT ardous waste, removal of unsafe buildings TITLE III (INCLUDING TRANSFER OF FUNDS) and debris of the Department of the Air For expenses directly relating to Overseas Force, or for similar purposes, transfer the PROCUREMENT Contingency Operations by United States funds made available by this appropriation AIRCRAFT PROCUREMENT, ARMY military forces, $5,000,000, to remain avail- to other appropriations made available to For construction, procurement, produc- able until expended: Provided, That the Sec- the Department of the Air Force, to be tion, modification, and modernization of air- retary of Defense may transfer these funds merged with and to be available for the same craft, equipment, including ordnance, ground only to military personnel accounts; oper- purposes and for the same time period as the handling equipment, spare parts, and acces- ation and maintenance accounts within this appropriations to which transferred: Provided sories therefor; specialized equipment and title; the Defense Health Program appropria- further, That upon a determination that all training devices; expansion of public and pri- tion; procurement accounts; research, devel- or part of the funds transferred from this ap- vate plants, including the land necessary opment, test and evaluation accounts; and to propriation are not necessary for the pur- therefor, for the foregoing purposes, and working capital funds: Provided further, That poses provided herein, such amounts may be such lands and interests therein, may be ac- the funds transferred shall be merged with transferred back to this appropriation. quired, and construction prosecuted thereon and shall be available for the same purposes ENVIRONMENTAL RESTORATION, DEFENSE-WIDE prior to approval of title; and procurement and for the same time period, as the appro- (INCLUDING TRANSFER OF FUNDS) and installation of equipment, appliances, priation to which transferred: Provided fur- For the Department of Defense, $24,081,000, and machine tools in public and private ther, That upon determination that all or to remain available until transferred: plants; reserve plant and Government and part of the funds transferred from this appro- Pro- That the Secretary of Defense shall, contractor-owned equipment layaway; and priation are not necessary for the purposes vided, upon determining that such funds are re- other expenses necessary for the foregoing provided herein, such amounts may be trans- quired for environmental restoration, reduc- purposes, $2,180,785,000, to remain available ferred back to this appropriation: Provided tion and recycling of hazardous waste, re- for obligation until September 30, 2006. further, That the transfer authority provided moval of unsafe buildings and debris of the in this paragraph is in addition to any other MISSILE PROCUREMENT, ARMY Department of Defense, or for similar pur- transfer authority contained elsewhere in For construction, procurement, produc- poses, transfer the funds made available by this Act. tion, modification, and modernization of this appropriation to other appropriations missiles, equipment, including ordnance, UNITED STATES COURT OF APPEALS FOR THE made available to the Department of De- ground handling equipment, spare parts, and ARMED FORCES fense, to be merged with and to be available accessories therefor; specialized equipment For salaries and expenses necessary for the for the same purposes and for the same time and training devices; expansion of public and United States Court of Appeals for the period as the appropriations to which trans- private plants, including the land necessary Armed Forces, $10,333,000, of which not to ex- ferred: Provided further, That upon a deter- therefor, for the foregoing purposes, and ceed $2,500 can be used for official represen- mination that all or part of the funds trans- such lands and interests therein, may be ac- tation purposes. ferred from this appropriation are not nec- quired, and construction prosecuted thereon ENVIRONMENTAL RESTORATION, ARMY essary for the purposes provided herein, such prior to approval of title; and procurement amounts may be transferred back to this ap- (INCLUDING TRANSFER OF FUNDS) and installation of equipment, appliances, propriation. For the Department of the Army, and machine tools in public and private $396,018,000, to remain available until trans- ENVIRONMENTAL RESTORATION, FORMERLY plants; reserve plant and Government and ferred: Provided, That the Secretary of the USED DEFENSE SITES contractor-owned equipment layaway; and Army shall, upon determining that such (INCLUDING TRANSFER OF FUNDS) other expenses necessary for the foregoing funds are required for environmental res- For the Department of the Army, purposes, $1,533,462,000, to remain available toration, reduction and recycling of haz- $221,369,000, to remain available until trans- for obligation until September 30, 2006.

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.012 H08PT1 H6286 CONGRESSIONAL RECORD — HOUSE July 8, 2003

PROCUREMENT OF WEAPONS AND TRACKED WEAPONS PROCUREMENT, NAVY vessel: Provided further, That none of the COMBAT VEHICLES, ARMY For construction, procurement, produc- funds provided under this heading shall be For construction, procurement, production, modification, and modernization of used for the construction of any naval vessel tion, and modification of weapons and missiles, torpedoes, other weapons, and re- in foreign shipyards. tracked combat vehicles, equipment, includ- lated support equipment including spare OTHER PROCUREMENT, NAVY ing ordnance, spare parts, and accessories parts, and accessories therefor; expansion of For procurement, production, and mod- therefor; specialized equipment and training public and private plants, including the land ernization of support equipment and mate- devices; expansion of public and private necessary therefor, and such lands and inter- rials not otherwise provided for, Navy ord- plants, including the land necessary there- ests therein, may be acquired, and construc- nance (except ordnance for new aircraft, new for, for the foregoing purposes, and such tion prosecuted thereon prior to approval of ships, and ships authorized for conversion); lands and interests therein, may be acquired, title; and procurement and installation of the purchase of passenger motor vehicles for and construction prosecuted thereon prior to equipment, appliances, and machine tools in replacement only, and the purchase of 2 vehi- approval of title; and procurement and in- public and private plants; reserve plant and cles required for physical security of per- stallation of equipment, appliances, and ma- Government and contractor-owned equip- sonnel, notwithstanding price limitations chine tools in public and private plants; re- ment layaway, $2,205,634,000, to remain avail- applicable to passenger carrying vehicles but serve plant and Government and contractor- able for obligation until September 30, 2006. not to exceed $245,000 per unit; expansion of owned equipment layaway; and other ex- PROCUREMENT OF AMMUNITION, NAVY AND public and private plants, including the land penses necessary for the foregoing purposes, MARINE CORPS necessary therefor, and such lands and interests therein, may be acquired, and construc- $1,956,504,000, to remain available for obliga- For construction, procurement, production prosecuted thereon prior to approval of tion until September 30, 2006: Provided, That tion, and modification of ammunition, and title; and procurement and installation of of the funds made available under this head- accessories therefor; specialized equipment equipment, appliances, and machine tools in ing, $35,000,000 shall be available only for ad- and training devices; expansion of public and public and private plants; reserve plant and vance procurement items for the fifth and private plants, including ammunition facili- Government and contractor-owned equip- sixth Stryker Brigade Combat Teams. ties authorized by section 2854 of title 10, ment layaway, $4,784,742,000, to remain avail- PROCUREMENT OF AMMUNITION, ARMY United States Code, and the land necessary able for obligation until September 30, 2006. For construction, procurement, produc- therefor, for the foregoing purposes, and tion, and modification of ammunition, and such lands and interests therein, may be ac- PROCUREMENT, MARINE CORPS accessories therefor; specialized equipment quired, and construction prosecuted thereon For expenses necessary for the procure- and training devices; expansion of public and prior to approval of title; and procurement ment, manufacture, and modification of mis- private plants, including ammunition facili- and installation of equipment, appliances, siles, armament, military equipment, spare ties authorized by section 2854 of title 10, and machine tools in public and private parts, and accessories therefor; plant equip- United States Code, and the land necessary plants; reserve plant and Government and ment, appliances, and machine tools, and in- therefor, for the foregoing purposes, and contractor-owned equipment layaway; and stallation thereof in public and private such lands and interests therein, may be ac- other expenses necessary for the foregoing plants; reserve plant and Government and quired, and construction prosecuted thereon purposes, $941,855,000, to remain available for contractor-owned equipment layaway; vehi- prior to approval of title; and procurement obligation until September 30, 2006. cles for the Marine Corps, including the purchase of passenger motor vehicles for re- and installation of equipment, appliances, SHIPBUILDING AND CONVERSION, NAVY and machine tools in public and private placement only; and expansion of public and For expenses necessary for the construc- plants; reserve plant and Government and private plants, including land necessary tion, acquisition, or conversion of vessels as contractor-owned equipment layaway; and therefor, and such lands and interests there- authorized by law, including armor and ar- other expenses necessary for the foregoing in, may be acquired, and construction pros- mament thereof, plant equipment, appli- purposes, $1,355,466,000, to remain available ecuted thereon prior to approval of title, ances, and machine tools and installation for obligation until September 30, 2006. $1,200,499,000, to remain available for obliga- thereof in public and private plants; reserve tion until September 30, 2006. OTHER PROCUREMENT, ARMY plant and Government and contractor-owned AIRCRAFT PROCUREMENT, AIR FORCE For construction, procurement, produc- equipment layaway; procurement of critical, tion, and modification of vehicles, including long leadtime components and designs for For construction, procurement, and modi- tactical, support, and non-tracked combat vessels to be constructed or converted in the fication of aircraft and equipment, including vehicles; the purchase of passenger motor ve- future; and expansion of public and private armor and armament, specialized ground hicles for replacement only; and the pur- plants, including land necessary therefor, handling equipment, and training devices, chase of 4 vehicles required for physical se- and such lands and interests therein, may be spare parts, and accessories therefor; special- curity of personnel, notwithstanding price acquired, and construction prosecuted there- ized equipment; expansion of public and pri- limitations applicable to passenger vehicles on prior to approval of title, as follows: vate plants, Government-owned equipment but not to exceed $180,000 per vehicle; com- Carrier Replacement Program, and installation thereof in such plants, erec- munications and electronic equipment; other $1,186,564,000; tion of structures, and acquisition of land, support equipment; spare parts, ordnance, Virginia Class Submarine, $2,123,221,000; for the foregoing purposes, and such lands and accessories therefor; specialized equip- SSGN Conversion, $1,167,300,000; and interests therein, may be acquired, and ment and training devices; expansion of pub- Cruiser Conversion, $194,440,000; construction prosecuted thereon prior to ap- lic and private plants, including the land CVN Refueling Overhauls, $367,832,000; proval of title; reserve plant and Govern- necessary therefor, for the foregoing pur- Submarine Refueling Overhauls, ment and contractor-owned equipment lay- poses, and such lands and interests therein, $123,372,000; away; and other expenses necessary for the may be acquired, and construction pros- DDG–51, $3,198,311,000; foregoing purposes including rents and trans- ecuted thereon prior to approval of title; and LHD–1 Amphibious Assault Ship, portation of things, $11,877,051,000, to remain procurement and installation of equipment, $355,006,000; available for obligation until September 30, appliances, and machine tools in public and LPD–17, $1,367,034,000; 2006. private plants; reserve plant and Govern- Minehunter, SWATH, $9,000,000; MISSILE PROCUREMENT, AIR FORCE ment and contractor-owned equipment lay- Service Craft, $39,480,000; For construction, procurement, and modi- away; and other expenses necessary for the Landing Craft Air Cushion, LCAC, fication of missiles, spacecraft, rockets, and foregoing purposes, $4,547,596,000, to remain $73,087,000; related equipment, including spare parts and available for obligation until September 30, Prior Year Shipbuilding Program, accessories therefor, ground handling equip- 2006. $899,502,000; and ment, and training devices; expansion of pub- AIRCRAFT PROCUREMENT, NAVY For outfitting, post delivery, conversions, lic and private plants, Government-owned For construction, procurement, produc- and first destination transportation, equipment and installation thereof in such tion, modification, and modernization of air- $348,949,000. plants, erection of structures, and acquisi- craft, equipment, including ordnance, spare In all: $11,453,098,000, to remain available for tion of land, for the foregoing purposes, and parts, and accessories therefor; specialized obligation until September 30, 2008: Provided, such lands and interests therein, may be ac- equipment; expansion of public and private That additional obligations may be incurred quired, and construction prosecuted thereon plants, including the land necessary thereafter September 30, 2008, for engineering prior to approval of title; reserve plant and for, and such lands and interests therein, services, tests, evaluations, and other such Government and contractor-owned equip- may be acquired, and construction pros- budgeted work that must be performed in ment layaway; and other expenses necessary ecuted thereon prior to approval of title; and the final stage of ship construction: Provided for the foregoing purposes including rents procurement and installation of equipment, further, That none of the funds provided and transportation of things, $4,235,505,000, to appliances, and machine tools in public and under this heading for the construction or remain available for obligation until Sep- private plants; reserve plant and Govern- conversion of any naval vessel to be con- tember 30, 2006. ment and contractor-owned equipment lay- structed in shipyards in the United States PROCUREMENT OF AMMUNITION, AIR FORCE away, $9,030,148,000, to remain available for shall be expended in foreign facilities for the For construction, procurement, produc- obligation until September 30, 2006. construction of major components of such tion, and modification of ammunition, and

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.012 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6287 accessories therefor; specialized equipment TITLE IV none of the funds provided in this paragraph and training devices; expansion of public and RESEARCH, DEVELOPMENT, TEST AND shall be used to award a new contract that private plants, including ammunition facili- EVALUATION provides for the acquisition of any of the fol- ties authorized by section 2854 of title 10, lowing major components unless such com- RESEARCH, DEVELOPMENT, TEST AND United States Code, and the land necessary ponents are manufactured in the United EVALUATION, ARMY therefor, for the foregoing purposes, and States: auxiliary equipment, including such lands and interests therein, may be ac- For expenses necessary for basic and ap- pumps, for all shipboard services; propulsion quired, and construction prosecuted thereon plied scientific research, development, test system components (that is; engines, reduc- prior to approval of title; and procurement and evaluation, including maintenance, re- tion gears, and propellers); shipboard cranes; and installation of equipment, appliances, habilitation, lease, and operation of facili- and spreaders for shipboard cranes: Provided and machine tools in public and private ties and equipment, $10,186,272,000, to remain further, That the exercise of an option in a plants; reserve plant and Government and available for obligation until September 30, contract awarded through the obligation of contractor-owned equipment layaway; and 2005: Provided, That of the amounts provided previously appropriated funds shall not be other expenses necessary for the foregoing under this heading, $10,000,000 for Molecular considered to be the award of a new contract: purposes, $1,279,725,000, to remain available Genetics and Musculoskeletal Research in Provided further, That the Secretary of the for obligation until September 30, 2006. program element 0602787A, shall remain military department responsible for such available until expended. OTHER PROCUREMENT, AIR FORCE procurement may waive the restrictions in For procurement and modification of RESEARCH, DEVELOPMENT, TEST AND the first proviso on a case-by-case basis by equipment (including ground guidance and EVALUATION, NAVY certifying in writing to the Committees on electronic control equipment, and ground For expenses necessary for basic and ap- Appropriations of the House of Representa- electronic and communication equipment), plied scientific research, development, test tives and the Senate that adequate domestic and supplies, materials, and spare parts and evaluation, including maintenance, re- supplies are not available to meet Depart- therefor, not otherwise provided for; the pur- habilitation, lease, and operation of facili- ment of Defense requirements on a timely chase of passenger motor vehicles for re- ties and equipment, $14,666,239,000, to remain basis and that such an acquisition must be placement only, and the purchase of 1 vehi- available for obligation until September 30, made in order to acquire capability for na- cle required for physical security of per- 2005: Provided, That funds appropriated in tional security purposes: Provided further, sonnel, notwithstanding price limitations this paragraph which are available for the V– That, notwithstanding any other provision applicable to passenger vehicles but not to 22 may be used to meet unique operational of law, $6,500,000 of the funds available under exceed $243,000 per vehicle; lease of passenger requirements of the Special Operations this heading shall be available in addition to motor vehicles; and expansion of public and Forces: Provided further, That funds appro- other amounts otherwise available, only to private plants, Government-owned equip- priated in this paragraph shall be available finance the cost of constructing additional ment and installation thereof in such plants, for the Cobra Judy program. sealift capacity. erection of structures, and acquisition of RESEARCH, DEVELOPMENT, TEST AND TITLE VI land, for the foregoing purposes, and such EVALUATION, AIR FORCE OTHER DEPARTMENT OF DEFENSE lands and interests therein, may be acquired, For expenses necessary for basic and ap- PROGRAMS and construction prosecuted thereon, prior plied scientific research, development, test DEFENSE HEALTH PROGRAM to approval of title; reserve plant and Gov- and evaluation, including maintenance, re- ernment and contractor-owned equipment For expenses, not otherwise provided for, habilitation, lease, and operation of facili- layaway, $11,195,159,000, to remain available for medical and health care programs of the ties and equipment, $20,704,267,000, to remain for obligation until September 30, 2006. Department of Defense, as authorized by law, available for obligation until September 30, $15,613,159,000, of which $14,874,037,000 shall be PROCUREMENT, DEFENSE-WIDE 2005. for Operation and maintenance, of which not For expenses of activities and agencies of RESEARCH, DEVELOPMENT, TEST AND to exceed 2 percent shall remain available the Department of Defense (other than the EVALUATION, DEFENSE-WIDE until September 30, 2005; of which military departments) necessary for procure- For expenses of activities and agencies of $328,826,000, to remain available for obliga- ment, production, and modification of equip- tion until September 30, 2006, shall be for ment, supplies, materials, and spare parts the Department of Defense (other than the military departments), necessary for basic Procurement; and of which $410,296,000, to re- therefor, not otherwise provided for; the pur- main available for obligation until Sep- chase of passenger motor vehicles for re- and applied scientific research, development, test and evaluation; advanced research tember 30, 2005, shall be for Research, devel- placement only, including not to exceed 3 opment, test and evaluation. passenger motor vehicles for the Defense Se- projects as may be designated and deter- curity Service; the purchase of 4 vehicles re- mined by the Secretary of Defense, pursuant CHEMICAL AGENTS AND MUNITIONS quired for physical security of personnel, to law; maintenance, rehabilitation, lease, DESTRUCTION, ARMY notwithstanding price limitations applicable and operation of facilities and equipment, For expenses, not otherwise provided for, to passenger vehicles but not to exceed $18,763,791,000, to remain available for obliga- necessary for the destruction of the United $250,000 per vehicle; expansion of public and tion until September 30, 2005. States stockpile of lethal chemical agents private plants, equipment, and installation OPERATIONAL TEST AND EVALUATION, and munitions in accordance with the provi- thereof in such plants, erection of struc- DEFENSE sions of section 1412 of the Department of tures, and acquisition of land for the fore- For expenses, not otherwise provided for, Defense Authorization Act, 1986 (50 U.S.C. going purposes, and such lands and interests necessary for the independent activities of 1521), and for the destruction of other chem- therein, may be acquired, and construction the Director, Operational Test and Evalua- ical warfare materials that are not in the prosecuted thereon prior to approval of title; tion, in the direction and supervision of chemical weapon stockpile, $1,533,261,000, of reserve plant and Government and con- operational test and evaluation, including which $1,199,168,000 shall be for Operation and tractor-owned equipment layaway, initial operational test and evaluation which maintenance to remain available until Sep- $3,803,776,000, to remain available for obliga- is conducted prior to, and in support of, pro- tember 30, 2005; $79,212,000 shall be for Pro- tion until September 30, 2006. duction decisions; joint operational testing curement to remain available until Sep- NATIONAL GUARD AND RESERVE EQUIPMENT and evaluation; and administrative expenses tember 30, 2006; $254,881,000 shall be for Re- For procurement of aircraft, missiles, in connection therewith, $293,661,000, to research, development, test and evaluation to tracked combat vehicles, ammunition, other main available for obligation until Sep- remain available until September 30, 2005; weapons, and other procurement for the re- tember 30, 2005. and no more than $132,677,000 may be for the Chemical Stockpile Emergency Preparedness serve components of the Armed Forces, TITLE V Program, of which $44,168,000 shall be for ac- $100,000,000, to remain available for obliga- REVOLVING AND MANAGEMENT FUNDS tion until September 30, 2006: Provided, That tivities on military installations and the Chiefs of the Reserve and National Guard DEFENSE WORKING CAPITAL FUNDS $88,509,000 shall be to assist state and local components shall, not later than 30 days For the Defense Working Capital Funds, governments. after the enactment of this Act, individually $1,721,507,000. DRUG INTERDICTION AND COUNTER-DRUG submit to the congressional defense commit- NATIONAL DEFENSE SEALIFT FUND ACTIVITIES, DEFENSE tees the modernization priority assessment For National Defense Sealift Fund pro- (INCLUDING TRANSFER OF FUNDS) for their respective Reserve or National grams, projects, and activities, and for ex- For drug interdiction and counter-drug ac- Guard component. penses of the National Defense Reserve tivities of the Department of Defense, for DEFENSE PRODUCTION ACT PURCHASES Fleet, as established by section 11 of the transfer to appropriations available to the For activities by the Department of De- Merchant Ship Sales Act of 1946 (50 U.S.C. Department of Defense for military per- fense pursuant to sections 108, 301, 302, and App. 1744), and for the necessary expenses to sonnel of the reserve components serving 303 of the Defense Production Act of 1950 (50 maintain and preserve a U.S.-flag merchant under the provisions of title 10 and title 32, U.S.C. App. 2078, 2091, 2092, and 2093), fleet to serve the national security needs of United States Code; for Operation and main- $67,516,000, to remain available until ex- the United States, $1,066,462,000, to remain tenance; for Procurement; and for Research, pended. available until expended: Provided, That development, test and evaluation,

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.012 H08PT1 H6288 CONGRESSIONAL RECORD — HOUSE July 8, 2003 $817,371,000: Provided, That the funds appro- compensation to, or employment of, any per- ital funds and the ‘‘Foreign Currency Fluc- priated under this heading shall be available son not a citizen of the United States shall tuations, Defense’’ appropriation and the for obligation for the same time period and not apply to personnel of the Department of ‘‘Operation and Maintenance’’ appropriation for the same purpose as the appropriation to Defense: Provided, That salary increases accounts in such amounts as may be deter- which transferred: Provided further, That granted to direct and indirect hire foreign mined by the Secretary of Defense, with the upon a determination that all or part of the national employees of the Department of De- approval of the Office of Management and funds transferred from this appropriation are fense funded by this Act shall not be at a Budget, except that such transfers may not not necessary for the purposes provided here- rate in excess of the percentage increase au- be made unless the Secretary of Defense has in, such amounts may be transferred back to thorized by law for civilian employees of the notified the Congress of the proposed trans- this appropriation: Provided further, That the Department of Defense whose pay is com- fer. Except in amounts equal to the amounts transfer authority provided under this head- puted under the provisions of section 5332 of appropriated to working capital funds in this ing is in addition to any other transfer au- title 5, United States Code, or at a rate in ex- Act, no obligations may be made against a thority contained elsewhere in this Act. cess of the percentage increase provided by working capital fund to procure or increase the appropriate host nation to its own em- the value of war reserve material inventory, OFFICE OF THE INSPECTOR GENERAL ployees, whichever is higher: Provided fur- unless the Secretary of Defense has notified For expenses and activities of the Office of ther, That this section shall not apply to De- the Congress prior to any such obligation. the Inspector General in carrying out the partment of Defense foreign service national SEC. 8007. Funds appropriated by this Act provisions of the Inspector General Act of employees serving at United States diplo- may not be used to initiate a special access 1978, as amended, $162,449,000, of which matic missions whose pay is set by the De- program without prior notification 30 cal- $160,049,000 shall be for Operation and main- partment of State under the Foreign Service endar days in session in advance to the con- tenance, of which not to exceed $700,000 is Act of 1980: Provided further, That the limita- gressional defense committees. SEC. 8008. None of the funds provided in available for emergencies and extraordinary tions of this provision shall not apply to for- this Act shall be available to initiate: (1) a expenses to be expended on the approval or eign national employees of the Department authority of the Inspector General, and pay- multiyear contract that employs economic of Defense in the Republic of Turkey. order quantity procurement in excess of ments may be made on the Inspector Gen- SEC. 8003. No part of any appropriation $20,000,000 in any 1 year of the contract or eral’s certificate of necessity for confidential contained in this Act shall remain available that includes an unfunded contingent liabil- military purposes; and of which $300,000 to for obligation beyond the current fiscal year, remain available until September 30, 2005, ity in excess of $20,000,000; or (2) a contract unless expressly so provided herein. for advance procurement leading to a shall be for Research, Development, Test and SEC. 8004. No more than 20 percent of the multiyear contract that employs economic Evaluation; and of which $2,100,000, to re- appropriations in this Act which are limited order quantity procurement in excess of main available until September 30, 2006, shall for obligation during the current fiscal year $20,000,000 in any 1 year, unless the congres- be for Procurement. shall be obligated during the last 2 months of sional defense committees have been notified TITLE VII the fiscal year: Provided, That this section at least 30 days in advance of the proposed RELATED AGENCIES shall not apply to obligations for support of contract award: Provided, That no part of active duty training of reserve components CENTRAL INTELLIGENCE AGENCY RETIREMENT any appropriation contained in this Act shall or summer camp training of the Reserve Of- AND DISABILITY SYSTEM FUND be available to initiate a multiyear contract ficers’ Training Corps. For payment to the Central Intelligence for which the economic order quantity ad- (TRANSFER OF FUNDS) Agency Retirement and Disability System vance procurement is not funded at least to Fund, to maintain the proper funding level SEC. 8005. Upon determination by the Sec- the limits of the Government’s liability: Pro- for continuing the operation of the Central retary of Defense that such action is nec- vided further, That no part of any appropria- Intelligence Agency Retirement and Dis- essary in the national interest, he may, with tion contained in this Act shall be available ability System, $226,400,000. the approval of the Office of Management to initiate multiyear procurement contracts and Budget, transfer not to exceed for any systems or component thereof if the INTELLIGENCE COMMUNITY MANAGEMENT $2,500,000,000 of working capital funds of the value of the multiyear contract would ex- ACCOUNT Department of Defense or funds made avail- ceed $500,000,000 unless specifically provided (INCLUDING TRANSFER OF FUNDS) able in this Act to the Department of De- in this Act: Provided further, That no For necessary expenses of the Intelligence fense for military functions (except military multiyear procurement contract can be ter- Community Management Account, construction) between such appropriations minated without 10-day prior notification to $170,640,000, of which $26,081,000 for the Ad- or funds or any subdivision thereof, to be the congressional defense committees: Pro- vanced Research and Development Com- merged with and to be available for the same vided further, That the execution of mittee shall remain available until Sep- purposes, and for the same time period, as multiyear authority shall require the use of tember 30, 2005: Provided, That of the funds the appropriation or fund to which trans- a present value analysis to determine lowest appropriated under this heading, $46,100,000 ferred: Provided, That such authority to cost compared to an annual procurement. shall be transferred to the Department of transfer may not be used unless for higher Funds appropriated in title III of this Act Justice for the National Drug Intelligence priority items, based on unforeseen military may be used for multiyear procurement con- Center to support the Department of De- requirements, than those for which origi- tracts as follows: fense’s counter-drug intelligence responsibil- nally appropriated and in no case where the F/A–18 aircraft; ities, and of the said amount, $1,500,000 for item for which funds are requested has been E–2C aircraft; and Procurement shall remain available until denied by the Congress: Provided further, Tactical Tomahawk missile. SEC. 8009. Within the funds appropriated September 30, 2006 and $1,000,000 for Re- That the Secretary of Defense shall notify for the operation and maintenance of the search, development, test and evaluation the Congress promptly of all transfers made Armed Forces, funds are hereby appropriated shall remain available until September 30, pursuant to this authority or any other au- pursuant to section 401 of title 10, United 2005: Provided further, That the National thority in this Act: Provided further, That no States Code, for humanitarian and civic as- Drug Intelligence Center shall maintain the part of the funds in this Act shall be avail- sistance costs under chapter 20 of title 10, personnel and technical resources to provide able to prepare or present a request to the Committees on Appropriations for re- United States Code. Such funds may also be timely support to law enforcement authori- obligated for humanitarian and civic assist- programming of funds, unless for higher pri- ties and the intelligence community by con- ance costs incidental to authorized oper- ority items, based on unforeseen military re- ducting document and computer exploitation ations and pursuant to authority granted in quirements, than those for which originally of materials collected in Federal, State, and section 401 of chapter 20 of title 10, United appropriated and in no case where the item local law enforcement activity associated States Code, and these obligations shall be for which reprogramming is requested has with counter-drug, counter-terrorism, and reported as required by section 401(d) of title been denied by the Congress: Provided fur- national security investigations and oper- 10, United States Code: Provided, That funds ther, That a request for multiple ations. available for operation and maintenance reprogrammings of funds using authority NATIONAL SECURITY EDUCATION TRUST FUND shall be available for providing humani- provided in this section must be made prior tarian and similar assistance by using Civic For the purposes of title VIII of Public to May 31, 2004. Law 102–183, $8,000,000, to be derived from the Action Teams in the Trust Territories of the (TRANSFER OF FUNDS) National Security Education Trust Fund, to Pacific Islands and freely associated states remain available until expended. SEC. 8006. During the current fiscal year, of Micronesia, pursuant to the Compact of cash balances in working capital funds of the TITLE VIII Free Association as authorized by Public Department of Defense established pursuant Law 99–239: Provided further, That upon a de- GENERAL PROVISIONS to section 2208 of title 10, United States termination by the Secretary of the Army SEC. 8001. No part of any appropriation Code, may be maintained in only such that such action is beneficial for graduate contained in this Act shall be used for pub- amounts as are necessary at any time for medical education programs conducted at licity or propaganda purposes not authorized cash disbursements to be made from such Army medical facilities located in Hawaii, by the Congress. funds: Provided, That transfers may be made the Secretary of the Army may authorize SEC. 8002. During the current fiscal year, between such funds: Provided further, That the provision of medical services at such fa- provisions of law prohibiting the payment of transfers may be made between working cap- cilities and transportation to such facilities,

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.012 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6289 on a nonreimbursable basis, for civilian pa- with that Act; or (3) is planned to be con- United States military installations in that tients from American Samoa, the Common- verted to performance by a qualified firm nation may be deposited, in lieu of direct wealth of the Northern Mariana Islands, the under 51 percent ownership by an Indian monetary transfers to the United States Marshall Islands, the Federated States of Mi- tribe, as defined in section 450b(e) of title 25, Treasury. Any such deposit may be made in cronesia, Palau, and Guam. United States Code, or a Native Hawaiian or- the currency of the host nation. Amounts in SEC. 8010. (a) During fiscal year 2004, the ci- ganization, as defined in section 637(a)(15) of such an account shall be treated as credits to vilian personnel of the Department of De- title 15, United States Code. that host nation and may be used only as fense may not be managed on the basis of (TRANSFER OF FUNDS) specified in subsection (b). any end-strength, and the management of SEC. 8015. Funds appropriated in title III of (b) Amounts deposited by a host nation in such personnel during that fiscal year shall this Act for the Department of Defense Pilot an account as provided for in an agreement not be subject to any constraint or limita- Mentor-Protege Program may be transferred under subsection (a) may be used— tion (known as an end-strength) on the num- to any other appropriation contained in this (1) subject to subsection (c), for the con- ber of such personnel who may be employed Act solely for the purpose of implementing a struction of facilities to support United on the last day of such fiscal year. Mentor-Protege Program developmental as- States military forces in that host nation; or (b) The fiscal year 2005 budget request for (2) for such real property maintenance and the Department of Defense as well as all jus- sistance agreement pursuant to section 831 of the National Defense Authorization Act base operating costs at United States mili- tification material and other documentation tary installations in that host nation that supporting the fiscal year 2005 Department of for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2301 note), as amended, under the au- are currently executed through monetary Defense budget request shall be prepared and transfers to such host nation. submitted to the Congress as if subsections thority of this provision or any other transfer authority contained in this Act. (c) A military construction project may be (a) and (b) of this provision were effective executed from an account established under with regard to fiscal year 2005. SEC. 8016. None of the funds in this Act may be available for the purchase by the De- this section only if the project has been pre- (c) Nothing in this section shall be con- viously authorized by law. strued to apply to military (civilian) techni- partment of Defense (and its departments (d) In the budget justification materials cians. and agencies) of welded shipboard anchor and submitted to Congress in support of the SEC. 8011. Notwithstanding any other pro- mooring chain 4 inches in diameter and vision of law, none of the funds made avail- under unless the anchor and mooring chain President’s budget for the Department of De- able by this Act shall be used by the Depart- are manufactured in the United States from fense for any fiscal year, the Secretary of ment of Defense to exceed, outside the 50 components which are substantially manu- Defense shall identify— United States, its territories, and the Dis- factured in the United States: Provided, That (1) amounts anticipated to be received dur- trict of Columbia, 125,000 civilian workyears: for the purpose of this section manufactured ing that fiscal year in residual value settlements under this section; and Provided, That workyears shall be applied as will include cutting, heat treating, quality defined in the Federal Personnel Manual: control, testing of chain and welding (includ- (2) such construction, real property maintenance, and base operating costs that shall Provided further, That workyears expended in ing the forging and shot blasting process): dependent student hiring programs for dis- Provided further, That for the purpose of this be funded by the host nation during that fis- advantaged youths shall not be included in section substantially all of the components cal year through such credits under an this workyear limitation. of anchor and mooring chain shall be consid- agreement under this section. SEC. 8012. None of the funds made available ered to be produced or manufactured in the (e)(1) The Secretary of Defense shall report by this Act shall be used in any way, directly United States if the aggregate cost of the any executive agreement with a NATO mem- or indirectly, to influence congressional ac- components produced or manufactured in the ber nation under this section to the congres- tion on any legislation or appropriation mat- United States exceeds the aggregate cost of sional committees specified in paragraph (2) ters pending before the Congress. the components produced or manufactured not less than 30 days before the conclusion SEC. 8013. None of the funds appropriated outside the United States: Provided further, and endorsement of the agreement. by this Act shall be available for the basic That when adequate domestic supplies are (2) The committees referred to in para- pay and allowances of any member of the not available to meet Department of Defense graph (1) are the congressional defense com- Army participating as a full-time student requirements on a timely basis, the Sec- mittees, the Committee on International Re- and receiving benefits paid by the Secretary retary of the service responsible for the pro- lations of the House of Representatives, and of Veterans Affairs from the Department of curement may waive this restriction on a the Committee on Foreign Relations of the Defense Education Benefits Fund when time case-by-case basis by certifying in writing to Senate. spent as a full-time student is credited to- the Committees on Appropriations that such SEC. 8019. None of the funds available to ward completion of a service commitment: an acquisition must be made in order to ac- the Department of Defense may be used to Provided, That this subsection shall not quire capability for national security pur- demilitarize or dispose of M–1 Carbines, M–1 apply to those members who have reenlisted poses. Garand rifles, M–14 rifles, .22 caliber rifles, with this option prior to October 1, 1987: Pro- SEC. 8017. None of the funds appropriated .30 caliber rifles, or M–1911 pistols. vided further, That this subsection applies by this Act available for the Civilian Health SEC. 8020. No more than $500,000 of the only to active components of the Army. and Medical Program of the Uniformed Serv- funds appropriated or made available in this SEC. 8014. None of the funds appropriated ices (CHAMPUS) or TRICARE shall be avail- Act shall be used during a single fiscal year by this Act shall be available to convert to able for the reimbursement of any health for any single relocation of an organization, contractor performance an activity or func- care provider for inpatient mental health unit, activity or function of the Department tion of the Department of Defense that, on service for care received when a patient is of Defense into or within the National Cap- or after the date of the enactment of this referred to a provider of inpatient mental ital Region: Provided, That the Secretary of Act, is performed by more than 10 Depart- health care or residential treatment care by Defense may waive this restriction on a case- ment of Defense civilian employees unless a medical or health care professional having by-case basis by certifying in writing to the such conversion is based on the result of a an economic interest in the facility to which congressional defense committees that such public-private competition that includes a the patient is referred: Provided, That this a relocation is required in the best interest most efficient and cost effective organiza- limitation does not apply in the case of inpa- of the Government. tion plan developed by such activity or func- tient mental health services provided under SEC. 8021. In addition to the funds provided tion and the Competitive Sourcing Official the program for persons with disabilities elsewhere in this Act, $8,000,000 is appro- certifies that the projected savings of the under subsection (d) of section 1079 of title priated only for incentive payments author- competition exceed the minimum conversion 10, United States Code, provided as partial ized by Section 504 of the Indian Financing differential for such activity or function: hospital care, or provided pursuant to a Act of 1974 (25 U.S.C. 1544): Provided, That a Provided, That this section shall not apply in waiver authorized by the Secretary of De- prime contractor or a subcontractor at any circumstances in which the Department of fense because of medical or psychological tier that makes a subcontract award to any Defense publishes in the Federal Register a circumstances of the patient that are con- subcontractor or supplier as defined in 25 determination that compliance would have firmed by a health professional who is not a U.S.C. 1544 or a small business owned and an adverse impact on national security: Pro- Federal employee after a review, pursuant to controlled by an individual defined under 25 vided further, That this section and sub- rules prescribed by the Secretary, which U.S.C. 4221(9) shall be considered a con- sections (a), (b), and (c) of 10 U.S.C. 2461 shall takes into account the appropriate level of tractor for the purposes of being allowed ad- not apply to a commercial or industrial type care for the patient, the intensity of services ditional compensation under section 504 of function of the Department of Defense that: required by the patient, and the availability the Indian Financing Act of 1974 (25 U.S.C. (1) is included on the procurement list estab- of that care. 1544) whenever the prime contract or sub- lished pursuant to section 2 of the Act of SEC. 8018. (a) During the current fiscal year contract amount is over $500,000 and involves June 25, 1938 (41 U.S.C. 47), popularly referred and hereafter, the Secretary of Defense may, the expenditure of funds appropriated by an to as the Javits-Wagner-O’Day Act; (2) is by executive agreement, establish with the Act making Appropriations for the Depart- planned to be converted to performance by a government of any North Atlantic Treaty ment of Defense with respect to any fiscal qualified nonprofit agency for the blind or by Organization member nation a separate ac- year: Provided further, That notwithstanding a qualified nonprofit agency for other se- count into which residual value amounts ne- 41 U.S.C. § 430, this section shall be applica- verely handicapped individuals in accordance gotiated with that nation in the return of ble to any Department of Defense acquisition

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.012 H08PT1 H6290 CONGRESSIONAL RECORD — HOUSE July 8, 2003 of supplies or services, including any con- tivities, and drug demand reduction activi- rolled in the United States or Canada: Pro- tract and any subcontract at any tier for ac- ties involving youth programs; vided, That these procurement restrictions quisition of commercial items produced or (2) $10,540,000 shall be available from ‘‘Air- shall apply to any and all Federal Supply manufactured, in whole or in part by any craft Procurement, Air Force’’; and Class 9515, American Society of Testing and subcontractor or supplier defined in 25 U.S.C. (3) $786,000 shall be available from ‘‘Other Materials (ASTM) or American Iron and § 1544 or a small business owned and con- Procurement, Air Force’’ for vehicle pro- Steel Institute (AISI) specifications of car- trolled by an individual defined under 25 curement. bon, alloy or armor steel plate: Provided fur- U.S.C. 4221(9). (b) Notwithstanding section 9445 of title 10, ther, That the Secretary of the military de- SEC. 8022. None of the funds appropriated United States Code, or any other provision of partment responsible for the procurement by this Act shall be available to perform any law, of the funds made available to the Civil may waive this restriction on a case-by-case cost study pursuant to the provisions of OMB Air Patrol Corporation in this Act under the basis by certifying in writing to the Commit- Circular A–76 if the study being performed heading ‘‘Aircraft Procurement, Air Force’’, tees on Appropriations of the House of Rep- exceeds a period of 24 months after initiation not more than $770,000 may be transferred by resentatives and the Senate that adequate of such study with respect to a single func- the Secretary of the Air Force to the ‘‘Oper- domestic supplies are not available to meet tion activity or 48 months after initiation of ation and Maintenance, Air Force’’ appro- Department of Defense requirements on a such study for a multi-function activity. priation to be merged with and to be avail- timely basis and that such an acquisition SEC. 8023. Funds appropriated by this Act able for administrative expenses incurred by must be made in order to acquire capability for the American Forces Information Service the Air Force in the administration of Civil for national security purposes: Provided fur- shall not be used for any national or inter- Air Patrol Corporation. Funds so transferred ther, That these restrictions shall not apply national political or psychological activities. shall be available for the same period as the to contracts which are in being as of the date SEC. 8024. Notwithstanding any other pro- appropriation to which transferred. of the enactment of this Act. vision of law or regulation, the Secretary of (c) The Secretary of the Air Force should SEC. 8031. For the purposes of this Act, the Defense may adjust wage rates for civilian waive reimbursement for any funds used by term ‘‘congressional defense committees’’ employees hired for certain health care occu- the Civil Air Patrol for counter-drug activi- means the Armed Services Committee of the pations as authorized for the Secretary of ties in support of Federal State, and local House of Representatives, the Armed Serv- Veterans Affairs by section 7455 of title 38, government agencies. ices Committee of the Senate, the Sub- United States Code. SEC. 8029. (a) None of the funds appro- committee on Defense of the Committee on SEC. 8025. (a) The Secretary of Defense priated in this Act are available to establish Appropriations of the Senate, and the Sub- shall afford qualified nonprofit agencies for a new Department of Defense (department) committee on Defense of the Committee on the blind or other severely handicapped the federally funded research and development Appropriations of the House of Representa- maximum practicable opportunity to par- center (FFRDC), either as a new entity, or as tives. ticipate as subcontractors and suppliers in a separate entity administrated by an orga- SEC. 8032. (a) During the current fiscal year the performance of contracts for the procure- nization managing another FFRDC, or as a and hereafter, the Department of Defense ment of supplies or services that are let by nonprofit membership corporation con- may acquire the modification, depot mainte- the Department of Defense using funds ap- sisting of a consortium of other FFRDCs and nance, and repair of aircraft, vehicles, and propriated for military functions of the De- other non-profit entities. vessels, as well as the production of compo- partment of Defense (other than for military (b) No member of a Board of Directors, nents and other Defense-related articles, construction or military family housing). Trustees, Overseers, Advisory Group, Special through competition between Department of (b) A business concern that has negotiated Issues Panel, Visiting Committee, or any Defense depot maintenance activities and with the Secretary of a military department similar entity of a defense FFRDC, and no private firms. or the director of a Defense Agency a subcon- paid consultant to any defense FFRDC, ex- (b) In the case of a competition conducted tracting plan for the participation by small cept when acting in a technical advisory ca- under this section, the Senior Acquisition business concerns pursuant to section 8(d) of pacity, may be compensated for his or her Executive of the military department or De- the Small Business Act (15 U.S.C. 637(d)) services as a member of such entity, or as a fense Agency concerned shall certify that shall be given credit toward meeting that paid consultant by more than one FFRDC in the successful bid includes comparable esti- subcontracting goal for any purchase made a fiscal year: Provided, That a member of any mates of all direct and indirect costs for bids from a qualified nonprofit agency for the such entity referred to previously in this submitted both by Department of Defense blind or other severely handicapped. subsection shall be allowed travel expenses depot maintenance activities and by private (c) For the purpose of this section, the and per diem as authorized under the Federal firms. The authority of the Senior Acquisi- term ‘‘qualified nonprofit agency for the Joint Travel Regulations, when engaged in tion Executive under this section may be blind or other severely handicapped’’ means the performance of membership duties. delegated. a nonprofit agency for the blind, or a non- (c) Notwithstanding any other provision of (c) Office of Management and Budget Cir- profit agency for other severely handicapped, law, none of the funds available to the de- cular A–76 shall not apply to a competition that has been approved by the Committee for partment from any source during fiscal year conducted under this section. the Purchase from the Blind and Other Se- 2004 may be used by a defense FFRDC, SEC. 8033. (a)(1) If the Secretary of Defense, verely Handicapped under the Javits-Wag- through a fee or other payment mechanism, after consultation with the United States ner-O’Day Act (41 U.S.C. 46–48). for construction of new buildings, for pay- Trade Representative, determines that a for- (d) This section shall apply during the cur- ment of cost sharing for projects funded by eign country which is party to an agreement rent fiscal year and hereafter. Government grants, for absorption of con- described in paragraph (2) has violated the SEC. 8026. During the current fiscal year, tract overruns, or for certain charitable con- terms of the agreement by discriminating net receipts pursuant to collections from tributions, not to include employee partici- against certain types of products produced in third party payers pursuant to section 1095 of pation in community service and/or develop- the United States that are covered by the title 10, United States Code, shall be made ment. agreement, the Secretary of Defense shall re- available to the local facility of the uni- (d) Notwithstanding any other provision of scind the Secretary’s blanket waiver of the formed services responsible for the collec- law, of the funds available to the department Buy American Act with respect to such tions and shall be over and above the facili- during fiscal year 2004, not more than 6,321 types of products produced in that foreign ty’s direct budget amount. staff years of technical effort (staff years) country. SEC. 8027. During the current fiscal year, may be funded for defense FFRDCs: Provided, (2) An agreement referred to in paragraph the Department of Defense is authorized to That of the specific amount referred to pre- (1) is any reciprocal defense procurement incur obligations of not to exceed $350,000,000 viously in this subsection, not more than memorandum of understanding, between the for purposes specified in section 2350j(c) of 1,050 staff years may be funded for the de- United States and a foreign country pursu- title 10, United States Code, in anticipation fense studies and analysis FFRDCs. ant to which the Secretary of Defense has of receipt of contributions, only from the (e) The Secretary of Defense shall, with the prospectively waived the Buy American Act Government of Kuwait, under that section: submission of the department’s fiscal year for certain products in that country. (b) The Secretary of Defense shall submit Provided, That upon receipt, such contribu- 2005 budget request, submit a report pre- tions from the Government of Kuwait shall senting the specific amounts of staff years of to the Congress a report on the amount of be credited to the appropriations or fund technical effort to be allocated for each de- Department of Defense purchases from for- which incurred such obligations. fense FFRDC during that fiscal year. eign entities in fiscal year 2004. Such report (f) Notwithstanding any other provision of shall separately indicate the dollar value of (INCLUDING TRANSFER OF FUNDS) this Act, the total amount appropriated in items for which the Buy American Act was SEC. 8028. (a) Of the funds made available this Act for FFRDCs is hereby reduced by waived pursuant to any agreement described in this Act, not less than $32,758,000 shall be $74,200,000. in subsection (a)(2), the Trade Agreement available for the Civil Air Patrol Corpora- SEC. 8030. None of the funds appropriated Act of 1979 (19 U.S.C. 2501 et seq.), or any tion, of which— or made available in this Act shall be used to international agreement to which the United (1) $21,432,000 shall be available from ‘‘Op- procure carbon, alloy or armor steel plate for States is a party. eration and Maintenance, Air Force’’ to sup- use in any Government-owned facility or (c) For purposes of this section, the term port Civil Air Patrol Corporation operation property under the control of the Depart- ‘‘Buy American Act’’ means title III of the and maintenance, readiness, counterdrug ac- ment of Defense which were not melted and Act entitled ‘‘An Act making appropriations

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.013 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6291 for the Treasury and Post Office Depart- partment of Defense for operation and main- (b) If the Secretary of Defense determines ments for the fiscal year ending June 30, tenance may be used to purchase items hav- that a person has been convicted of inten- 1934, and for other purposes’’, approved ing an investment item unit cost of not more tionally affixing a label bearing a ‘‘Made in March 3, 1933 (41 U.S.C. 10a et seq.). than $250,000. America’’ inscription to any product sold in SEC. 8034. Appropriations contained in this SEC. 8041. (a) During the current fiscal or shipped to the United States that is not Act that remain available at the end of the year, none of the appropriations or funds made in America, the Secretary shall deter- current fiscal year as a result of energy cost available to the Department of Defense mine, in accordance with section 2410f of savings realized by the Department of De- Working Capital Funds shall be used for the title 10, United States Code, whether the per- fense shall remain available for obligation purchase of an investment item for the pur- son should be debarred from contracting for the next fiscal year to the extent, and for pose of acquiring a new inventory item for with the Department of Defense. the purposes, provided in section 2865 of title sale or anticipated sale during the current (c) In the case of any equipment or prod- 10, United States Code. fiscal year or a subsequent fiscal year to cus- ucts purchased with appropriations provided (INCLUDING TRANSFER OF FUNDS) tomers of the Department of Defense Work- under this Act, it is the sense of the Congress ing Capital Funds if such an item would not that any entity of the Department of De- SEC. 8035. Amounts deposited during the have been chargeable to the Department of fense, in expending the appropriation, pur- current fiscal year to the special account es- Defense Business Operations Fund during fis- chase only American-made equipment and tablished under 40 U.S.C. 572(b)(5)(A) and to cal year 1994 and if the purchase of such an products, provided that American-made the special account established under 10 investment item would be chargeable during equipment and products are cost-competi- U.S.C. 2667(d)(1) are appropriated and shall the current fiscal year to appropriations tive, quality-competitive, and available in a be available until transferred by the Sec- made to the Department of Defense for pro- timely fashion. retary of Defense to current applicable ap- curement. SEC. 8046. None of the funds appropriated propriations or funds of the Department of (b) The fiscal year 2005 budget request for by this Act shall be available for a contract Defense under the terms and conditions spec- the Department of Defense as well as all jus- for studies, analysis, or consulting services ified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. tification material and other documentation entered into without competition on the 2667(d)(1)(B), to be merged with and to be supporting the fiscal year 2005 Department of basis of an unsolicited proposal unless the available for the same time period and the Defense budget shall be prepared and sub- head of the activity responsible for the pro- same purposes as the appropriation to which mitted to the Congress on the basis that any curement determines— transferred. equipment which was classified as an end (1) as a result of thorough technical eval- SEC. 8036. The President shall include with item and funded in a procurement appropria- uation, only one source is found fully quali- each budget for a fiscal year submitted to tion contained in this Act shall be budgeted fied to perform the proposed work; the Congress under section 1105 of title 31, for in a proposed fiscal year 2005 procure- (2) the purpose of the contract is to explore United States Code, materials that shall ment appropriation and not in the supply an unsolicited proposal which offers signifi- identify clearly and separately the amounts management business area or any other area cant scientific or technological promise, rep- requested in the budget for appropriation for or category of the Department of Defense resents the product of original thinking, and that fiscal year for salaries and expenses re- Working Capital Funds. was submitted in confidence by one source; lated to administrative activities of the De- SEC. 8042. None of the funds appropriated or partment of Defense, the military depart- by this Act for programs of the Central In- (3) the purpose of the contract is to take ments, and the defense agencies. telligence Agency shall remain available for advantage of unique and significant indus- SEC. 8037. Notwithstanding any other pro- obligation beyond the current fiscal year, ex- trial accomplishment by a specific concern, vision of law, funds available for ‘‘Drug cept for funds appropriated for the Reserve or to insure that a new product or idea of a Interdiction and Counter-Drug Activities, for Contingencies, which shall remain avail- specific concern is given financial support: Defense’’ may be obligated for the Young able until September 30, 2005: Provided, That Provided, That this limitation shall not Marines program. funds appropriated, transferred, or otherwise apply to contracts in an amount of less than (INCLUDING TRANSFER OF FUNDS) credited to the Central Intelligence Agency $25,000, contracts related to improvements of SEC. 8038. During the current fiscal year, Central Services Working Capital Fund dur- equipment that is in development or produc- amounts contained in the Department of De- ing this or any prior or subsequent fiscal tion, or contracts as to which a civilian offi- fense Overseas Military Facility Investment year shall remain available until expended: cial of the Department of Defense, who has Recovery Account established by section Provided further, That any funds appropriated been confirmed by the Senate, determines 2921(c)(1) of the National Defense Authoriza- or transferred to the Central Intelligence that the award of such contract is in the in- tion Act of 1991 (Public Law 101–510; 10 U.S.C. Agency for agent operations and for covert terest of the national defense. 2687 note) shall be available until expended action programs authorized by the President SEC. 8047. (a) Except as provided in sub- for the payments specified by section under section 503 of the National Security section (b) and (c), none of the funds made 2921(c)(2) of that Act. Act of 1947, as amended, shall remain avail- available by this Act may be used— SEC. 8039. (a) IN GENERAL.—Notwith- able until September 30, 2005. (1) to establish a field operating agency; or standing any other provision of law, the Sec- SEC. 8043. Notwithstanding any other pro- (2) to pay the basic pay of a member of the retary of the Air Force may convey at no vision of law, funds made available in this Armed Forces or civilian employee of the de- cost to the Air Force, without consideration, Act for the Defense Intelligence Agency may partment who is transferred or reassigned to Indian tribes located in the States of be used for the design, development, and de- from a headquarters activity if the member North Dakota, South Dakota, Montana, and ployment of General Defense Intelligence or employee’s place of duty remains at the Minnesota relocatable military housing Program intelligence communications and location of that headquarters. units located at Grand Forks Air Force Base intelligence information systems for the (b) The Secretary of Defense or Secretary and Minot Air Force Base that are excess to Services, the Unified and Specified Com- of a military department may waive the lim- the needs of the Air Force. mands, and the component commands. itations in subsection (a), on a case-by-case (b) PROCESSING OF REQUESTS.—The Sec- SEC. 8044. Of the funds appropriated to the basis, if the Secretary determines, and cer- retary of the Air Force shall convey, at no Department of Defense under the heading tifies to the Committees on Appropriations cost to the Air Force, military housing units ‘‘Operation and Maintenance, Defense- of the House of Representatives and Senate under subsection (a) in accordance with the Wide’’, not less than $10,000,000 shall be made that the granting of the waiver will reduce request for such units that are submitted to available only for the mitigation of environ- the personnel requirements or the financial the Secretary by the Operation Walking mental impacts, including training and tech- requirements of the department. Shield Program on behalf of Indian tribes lo- nical assistance to tribes, related adminis- (c) This section does not apply to field op- cated in the States of North Dakota, South trative support, the gathering of informa- erating agencies funded within the National Dakota, Montana, and Minnesota. tion, documenting of environmental damage, Foreign Intelligence Program. SEC. 8048. Notwithstanding section 303 of (c) RESOLUTION OF HOUSING UNIT CON- and developing a system for prioritization of Public Law 96–487 or any other provision of FLICTS.—The Operation Walking Shield pro- mitigation and cost to complete estimates gram shall resolve any conflicts among re- for mitigation, on Indian lands resulting law, the Secretary of the Navy is authorized quests of Indian tribes for housing units from Department of Defense activities. to lease real and personal property at Naval under subsection (a) before submitting re- SEC. 8045. (a) None of the funds appro- Air Facility, Adak, Alaska, pursuant to 10 quests to the Secretary of the Air Force priated in this Act may be expended by an U.S.C. 2667(f), for commercial, industrial or under subsection (b). entity of the Department of Defense unless other purposes: Provided, That notwith- (d) INDIAN TRIBE DEFINED.—In this section, the entity, in expending the funds, complies standing any other provision of law, the Sec- the term ‘‘Indian tribe’’ means any recog- with the Buy American Act. For purposes of retary of the Navy may remove hazardous nized Indian tribe included on the current this subsection, the term ‘‘Buy American materials from facilities, buildings, and list published by the Secretary of the Inte- Act’’ means title III of the Act entitled ‘‘An structures at Adak, Alaska, and may demol- rior under section 104 of the Federally Rec- Act making appropriations for the Treasury ish or otherwise dispose of such facilities, ognized Indian Tribe Act of 1994 (Public Law and Post Office Departments for the fiscal buildings, and structures. 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). year ending June 30, 1934, and for other pur- (RESCISSIONS) SEC. 8040. During the current fiscal year, poses’’, approved March 3, 1933 (41 U.S.C. 10a SEC. 8049. Of the funds appropriated in De- appropriations which are available to the De- et seq.). partment of Defense Appropriations Acts,

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.013 H08PT1 H6292 CONGRESSIONAL RECORD — HOUSE July 8, 2003 the following funds are hereby rescinded equipment for the renovation of wedges 2 of ball and roller bearings other than those from the following accounts and programs in through 5 of the Pentagon Reservation, cu- produced by a domestic source and of domes- the specified amounts: mulatively, will not exceed four times the tic origin: Provided, That the Secretary of ‘‘Aircraft Procurement, Army, 2003/2005’’, total cost for the planning, design, construc- the military department responsible for such $47,100,000; tion, and installation of equipment for the procurement may waive this restriction on a ‘‘Other Procurement, Army, 2003/2005’’, renovation of wedge 1. case-by-case basis by certifying in writing to $8,000,000; (b) ANNUAL ADJUSTMENT.—For purposes of the Committees on Appropriations of the ‘‘Shipbuilding and Conversion, Navy, 2002/ applying the limitation in subsection (a), the House of Representatives and the Senate, 2006’’, $25,600,000; Secretary shall adjust the cost for the ren- that adequate domestic supplies are not ‘‘Missile Procurement, Air Force, 2003/ ovation of wedge 1 by any increase or de- available to meet Department of Defense re- 2005’’, $27,000,000; crease in costs attributable to economic in- quirements on a timely basis and that such ‘‘Other Procurement, Air Force, 2003/2005’’, flation, based on the most recent economic an acquisition must be made in order to ac- $30,000,000; and assumptions issued by the Office of Manage- quire capability for national security pur- ‘‘Research, Development, Test and Evalua- ment and Budget for use in preparation of poses: Provided further, That this restriction tion, Army, 2003/2004’’, $1,650,000. the budget of the United States under sec- shall not apply to the purchase of ‘‘commer- SEC. 8050. None of the funds available in tion 1104 of title 31, United States Code. cial items’’, as defined by section 4(12) of the this Act may be used to reduce the author- (c) EXCLUSION OF CERTAIN COSTS.—For pur- Office of Federal Procurement Policy Act, ized positions for military (civilian) techni- poses of calculating the limitation in sub- except that the restriction shall apply to cians of the Army National Guard, the Air section (a), the total cost for wedges 2 ball or roller bearings purchased as end item. National Guard, Army Reserve and Air Force through 5 shall not include— SEC. 8060. Notwithstanding any other pro- Reserve for the purpose of applying any ad- (1) any repair or reconstruction cost in- vision of law, funds available to the Depart- ministratively imposed civilian personnel curred as a result of the terrorist attack on ment of Defense shall be made available to ceiling, freeze, or reduction on military (ci- the Pentagon that occurred on September 11, provide transportation of medical supplies vilian) technicians, unless such reductions 2001; and equipment, on a nonreimbursable basis, are a direct result of a reduction in military (2) any increase in costs for wedges 2 to American Samoa, and funds available to force structure. through 5 attributable to compliance with the Department of Defense shall be made SEC. 8051. None of the funds appropriated new requirements of Federal, State, or local available to provide transportation of med- or otherwise made available in this Act may laws; and be obligated or expended for assistance to ical supplies and equipment, on a non- (3) any increase in costs attributable to ad- reimbursable basis, to the Indian Health the Democratic People’s Republic of North ditional security requirements that the Sec- Korea unless specifically appropriated for Service when it is in conjunction with a retary of Defense considers essential to pro- civil-military project. that purpose. vide a safe and secure working environment. SEC. 8052. During the current fiscal year, SEC. 8061. None of the funds in this Act (d) CERTIFICATION COST REPORTS.—As part may be used to purchase any supercomputer funds appropriated in this Act are available of the annual certification under subsection which is not manufactured in the United to compensate members of the National (a), the Secretary shall report the projected States, unless the Secretary of Defense cer- Guard for duty performed pursuant to a plan cost (as of the time of the certification) for— tifies to the congressional defense commit- submitted by a Governor of a State and ap- (1) the renovation of each wedge, including tees that such an acquisition must be made proved by the Secretary of Defense under the amount adjusted or otherwise excluded in order to acquire capability for national se- section 112 of title 32, United States Code: for such wedge under the authority of para- curity purposes that is not available from Provided, That during the performance of graphs (2) and (3) of subsection (c) for the pe- United States manufacturers. such duty, the members of the National riod covered by the certification; and Guard shall be under State command and (2) the repair and reconstruction of wedges SEC. 8062. Notwithstanding any other pro- control: Provided further, That such duty 1 and 2 in response to the terrorist attack on vision of law, the Naval shipyards of the shall be treated as full-time National Guard the Pentagon that occurred on September 11, United States shall be eligible to participate duty for purposes of sections 12602(a)(2) and 2001. in any manufacturing extension program fi- (b)(2) of title 10, United States Code. (e) DURATION OF CERTIFICATION REQUIRE- nanced by funds appropriated in this or any SEC. 8053. Funds appropriated in this Act MENT.—The requirement to make an annual other Act. for operation and maintenance of the Mili- certification under subsection (a) shall apply SEC. 8063. Notwithstanding any other pro- tary Departments, Combatant Commands until the Secretary certifies to Congress that vision of law, each contract awarded by the and Defense Agencies shall be available for the renovation of the Pentagon Reservation Department of Defense during the current reimbursement of pay, allowances and other is completed. fiscal year for construction or service per- expenses which would otherwise be incurred SEC. 8056. Notwithstanding any other pro- formed in whole or in part in a State (as de- against appropriations for the National vision of law, that not more than 35 percent fined in section 381(d) of title 10, United Guard and Reserve when members of the Na- of funds provided in this Act for environ- States Code) which is not contiguous with tional Guard and Reserve provide intel- mental remediation may be obligated under another State and has an unemployment ligence or counterintelligence support to indefinite delivery/indefinite quantity con- rate in excess of the national average rate of Combatant Commands, Defense Agencies and tracts with a total contract value of unemployment as determined by the Sec- Joint Intelligence Activities, including the $130,000,000 or higher. retary of Labor, shall include a provision re- activities and programs included within the SEC. 8057. (a) None of the funds available to quiring the contractor to employ, for the National Foreign Intelligence Program the Department of Defense for any fiscal purpose of performing that portion of the (NFIP), the Joint Military Intelligence Pro- year for drug interdiction or counter-drug contract in such State that is not contiguous gram (JMIP), and the Tactical Intelligence activities may be transferred to any other with another State, individuals who are resi- and Related Activities (TIARA) aggregate: department or agency of the United States dents of such State and who, in the case of Provided, That nothing in this section au- except as specifically provided in an appro- any craft or trade, possess or would be able thorizes deviation from established Reserve priations law. to acquire promptly the necessary skills: and National Guard personnel and training (b) None of the funds available to the Cen- Provided, That the Secretary of Defense may procedures. tral Intelligence Agency for any fiscal year waive the requirements of this section, on a SEC. 8054. During the current fiscal year, for drug interdiction and counter-drug ac- case-by-case basis, in the interest of national none of the funds appropriated in this Act tivities may be transferred to any other de- security. may be used to reduce the civilian medical partment or agency of the United States ex- and medical support personnel assigned to SEC. 8064. None of the funds made available cept as specifically provided in an appropria- military treatment facilities below the Sep- in this or any other Act may be used to pay tions law. tember 30, 2002 level: Provided, That the the salary of any officer or employee of the Service Surgeons General may waive this (TRANSFER OF FUNDS) Department of Defense who approves or im- section by certifying to the congressional de- SEC. 8058. Appropriations available in this plements the transfer of administrative re- fense committees that the beneficiary popu- Act under the heading ‘‘Operation and Main- sponsibilities or budgetary resources of any lation is declining in some catchment areas tenance, Defense-Wide’’ for increasing en- program, project, or activity financed by and civilian strength reductions may be con- ergy and water efficiency in Federal build- this Act to the jurisdiction of another Fed- sistent with responsible resource steward- ings may, during their period of availability, eral agency not financed by this Act without ship and capitation-based budgeting. be transferred to other appropriations or the express authorization of Congress: Pro- SEC. 8055. (a) LIMITATION ON PENTAGON REN- funds of the Department of Defense for vided, That this limitation shall not apply to OVATION COSTS.—Not later than the date projects related to increasing energy and transfers of funds expressly provided for in each year on which the President submits to water efficiency, to be merged with and to be Defense Appropriations Acts, or provisions of Congress the budget under section 1105 of available for the same general purposes, and Acts providing supplemental appropriations title 31, United States Code, the Secretary of for the same time period, as the appropria- for the Department of Defense. Defense shall submit to Congress a certifi- tion or fund to which transferred. SEC. 8065. (a) LIMITATION ON TRANSFER OF cation that the total cost for the planning, SEC. 8059. None of the funds appropriated DEFENSE ARTICLES AND SERVICES.—Notwith- design, construction, and installation of by this Act may be used for the procurement standing any other provision of law, none of

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.013 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6293 the funds available to the Department of De- (b) The prohibition in subsection (a) shall equipment of the Distance Learning Project fense for the current fiscal year may be obli- not apply to any obsolete World War II under that subsection. Such funds shall be gated or expended to transfer to another na- chemical munition or agent of the United available for such purpose without fiscal tion or an international organization any de- States found in the World War II Pacific year limitation. fense articles or services (other than intel- Theater of Operations. SEC. 8073. Using funds available by this Act ligence services) for use in the activities de- (c) The President may suspend the applica- or any other Act, the Secretary of the Air scribed in subsection (b) unless the congres- tion of subsection (a) during a period of war Force, pursuant to a determination under sional defense committees, the Committee in which the United States is a party. section 2690 of title 10, United States Code, on International Relations of the House of (INCLUDING TRANSFER OF FUNDS) may implement cost-effective agreements Representatives, and the Committee on For- for required heating facility modernization SEC. 8069. During the current fiscal year, eign Relations of the Senate are notified 15 in the Kaiserslautern Military Community no more than $30,000,000 of appropriations days in advance of such transfer. in the Federal Republic of Germany: Pro- made in this Act under the heading ‘‘Oper- (b) COVERED ACTIVITIES.—This section ap- vided, That in the City of Kaiserslautern ation and Maintenance, Defense-Wide’’ may plies to— such agreements will include the use of be transferred to appropriations available for (1) any international peacekeeping or United States anthracite as the base load en- the pay of military personnel, to be merged peace-enforcement operation under the au- ergy for municipal district heat to the with, and to be available for the same time thority of chapter VI or chapter VII of the United States Defense installations: Provided period as the appropriations to which trans- United Nations Charter under the authority further, That at Landstuhl Army Regional ferred, to be used in support of such per- of a United Nations Security Council resolu- Medical Center and Ramstein Air Base, fur- sonnel in connection with support and serv- tion; and nished heat may be obtained from private, ices for eligible organizations and activities (2) any other international peacekeeping, regional or municipal services, if provisions outside the Department of Defense pursuant peace-enforcement, or humanitarian assist- are included for the consideration of United to section 2012 of title 10, United States ance operation. States coal as an energy source. (c) REQUIRED NOTICE.—A notice under sub- Code. SEC. 8074. None of the funds appropriated in section (a) shall include the following: SEC. 8070. During the current fiscal year, in title IV of this Act may be used to procure (1) A description of the equipment, sup- the case of an appropriation account of the end-items for delivery to military forces for plies, or services to be transferred. Department of Defense for which the period operational training, operational use or in- (2) A statement of the value of the equip- of availability for obligation has expired or ventory requirements: Provided, That this re- ment, supplies, or services to be transferred. which has closed under the provisions of sec- striction does not apply to end-items used in (3) In the case of a proposed transfer of tion 1552 of title 31, United States Code, and development, prototyping, and test activi- equipment or supplies— which has a negative unliquidated or unex- ties preceding and leading to acceptance for (A) a statement of whether the inventory pended balance, an obligation or an adjust- operational use: Provided further, That this requirements of all elements of the Armed ment of an obligation may be charged to any restriction does not apply to programs fund- Forces (including the reserve components) current appropriation account for the same ed within the National Foreign Intelligence for the type of equipment or supplies to be purpose as the expired or closed account if— Program: Provided further, That the Sec- transferred have been met; and (1) the obligation would have been properly retary of Defense may waive this restriction (B) a statement of whether the items pro- chargeable (except as to amount) to the ex- on a case-by-case basis by certifying in writ- posed to be transferred will have to be re- pired or closed account before the end of the ing to the Committees on Appropriations of placed and, if so, how the President proposes period of availability or closing of that ac- the House of Representatives and the Senate to provide funds for such replacement. count; that it is in the national security interest to SEC. 8066. To the extent authorized by sub- (2) the obligation is not otherwise properly do so. chapter VI of chapter 148 of title 10, United chargeable to any current appropriation ac- SEC. 8075. None of the funds made available States Code, the Secretary of Defense may count of the Department of Defense; and in this Act may be used to approve or license issue loan guarantees in support of United (3) in the case of an expired account, the the sale of the F–22 advanced tactical fighter States defense exports not otherwise pro- obligation is not chargeable to a current ap- to any foreign government. vided for: Provided, That the total contingent propriation of the Department of Defense SEC. 8076. (a) The Secretary of Defense liability of the United States for guarantees under the provisions of section 1405(b)(8) of may, on a case-by-case basis, waive with re- issued under the authority of this section the National Defense Authorization Act for spect to a foreign country each limitation on may not exceed $15,000,000,000: Provided fur- Fiscal Year 1991, Public Law 101–510, as the procurement of defense items from for- ther, That the exposure fees charged and col- amended (31 U.S.C. 1551 note): Provided, That eign sources provided in law if the Secretary lected by the Secretary for each guarantee in the case of an expired account, if subse- determines that the application of the limi- shall be paid by the country involved and quent review or investigation discloses that tation with respect to that country would in- shall not be financed as part of a loan guar- there was not in fact a negative unliquidated validate cooperative programs entered into anteed by the United States: Provided fur- or unexpended balance in the account, any between the Department of Defense and the ther, That the Secretary shall provide quar- charge to a current account under the au- foreign country, or would invalidate recip- terly reports to the Committees on Appro- thority of this section shall be reversed and rocal trade agreements for the procurement priations, Armed Services, and Foreign Rela- recorded against the expired account: Pro- of defense items entered into under section tions of the Senate and the Committees on vided further, That the total amount charged 2531 of title 10, United States Code, and the Appropriations, Armed Services, and Inter- to a current appropriation under this section country does not discriminate against the national Relations in the House of Rep- may not exceed an amount equal to 1 percent same or similar defense items produced in resentatives on the implementation of this of the total appropriation for that account. the United States for that country. program: Provided further, That amounts SEC. 8071. Funds appropriated for the De- (b) Subsection (a) applies with respect to— charged for administrative fees and depos- partment of Defense in this Act or any other (1) contracts and subcontracts entered into ited to the special account provided for Act for the current fiscal year and hereafter on or after the date of the enactment of this under section 2540c(d) of title 10, shall be for Operation and Maintenance or for the De- Act; and available for paying the costs of administra- fense Health Program for supervision and ad- (2) options for the procurement of items tive expenses of the Department of Defense ministration costs for facilities maintenance that are exercised after such date under con- that are attributable to the loan guarantee and repair, minor construction, or design tracts that are entered into before such date program under subchapter VI of chapter 148 projects may be obligated when the reim- if the option prices are adjusted for any rea- of title 10, United States Code. bursable order is accepted by the performing son other than the application of a waiver SEC. 8067. None of the funds available to activity. For the purpose of this section, su- granted under subsection (a). the Department of Defense under this Act pervision and administration costs include (c) Subsection (a) does not apply to a limi- shall be obligated or expended to pay a con- all in-house Government costs. tation regarding construction of public ves- tractor under a contract with the Depart- SEC. 8072. (a) During the current fiscal year sels, ball and roller bearings, food, and cloth- ment of Defense for costs of any amount paid and hereafter, the Chief of the National ing or textile materials as defined by section by the contractor to an employee when— Guard Bureau may permit the use of equip- 11 (chapters 50–65) of the Harmonized Tariff (1) such costs are for a bonus or otherwise ment of the National Guard Distance Learn- Schedule and products classified under head- in excess of the normal salary paid by the ing Project by any person or entity on a ings 4010, 4202, 4203, 6401 through 6406, 6505, contractor to the employee; and space-available, reimbursable basis. The 7019, 7218 through 7229, 7304.41 through (2) such bonus is part of restructuring costs Chief of the National Guard Bureau shall es- 7304.49, 7306.40, 7502 through 7508, 8105, 8108, associated with a business combination. tablish the amount of reimbursement for 8109, 8211, 8215, and 9404. SEC. 8068. (a) None of the funds appro- such use on a case-by-case basis. SEC. 8077. (a) PROHIBITION.—None of the priated or otherwise made available in this (b) During the current fiscal year and here- funds made available by this Act may be Act may be used to transport or provide for after, amounts collected under the sub- used to support any training program involv- the transportation of chemical munitions or section (a) shall be credited to funds then ing a unit of the security forces of a foreign agents to the Johnston Atoll for the purpose available for the National Guard Distance country if the Secretary of Defense has re- of storing or demilitarizing such munitions Learning Project and shall be available to ceived credible information from the Depart- or agents. defray the costs associated with the use of ment of State that the unit has committed a

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.013 H08PT1 H6294 CONGRESSIONAL RECORD — HOUSE July 8, 2003 gross violation of human rights, unless all quire the supervision of trained medical, timely notification of certifications under necessary corrective steps have been taken. nursing, paramedical or other specially paragraph (1). Each such notification shall (b) MONITORING.—The Secretary of Defense, trained individuals: Provided, That the case include, at a minimum, the funding baseline in consultation with the Secretary of State, management program shall provide that and milestone schedule for each system cov- shall ensure that prior to a decision to con- members and retired members of the mili- ered by such a certification and confirma- duct any training program referred to in sub- tary services, and their dependents and sur- tion that the following steps have been section (a), full consideration is given to all vivors, have access to all medically nec- taken with respect to the system: credible information available to the Depart- essary health care through the health care (A) Business process reengineering. ment of State relating to human rights vio- delivery system of the military services re- (B) An analysis of alternatives. lations by foreign security forces. gardless of the health care status of the per- (C) An economic analysis that includes a (c) WAIVER.—The Secretary of Defense, son seeking the health care: Provided further, calculation of the return on investment. after consultation with the Secretary of That the case management program shall be (D) Performance measures. State, may waive the prohibition in sub- the primary obligor for payment of medi- (E) An information assurance strategy con- section (a) if he determines that such waiver cally necessary services and shall not be consistent with the Department’s Global Infor- is required by extraordinary circumstances. sidered as secondarily liable to title XIX of mation Grid. (d) REPORT.—Not more than 15 days after the Social Security Act, other welfare pro- (d) DEFINITIONS.—For purposes of this sec- the exercise of any waiver under subsection grams or charity based care. tion: (c), the Secretary of Defense shall submit a SEC. 8083. During the current fiscal year (1) The term ‘‘Chief Information Officer’’ report to the congressional defense commit- and hereafter, refunds attributable to the means the senior official of the Department tees describing the extraordinary cir- use of the Government travel card, refunds of Defense designated by the Secretary of attributable to the use of the Government cumstances, the purpose and duration of the Defense pursuant to section 3506 of title 44, Purchase Card and refunds attributable to training program, the United States forces United States Code. official Government travel arranged by Gov- and the foreign security forces involved in (2) The term ‘‘information technology sys- ernment Contracted Travel Management the training program, and the information tem’’ has the meaning given the term ‘‘infor- Centers may be credited to operation and relating to human rights violations that ne- mation technology’’ in section 5002 of the cessitates the waiver. maintenance accounts of the Department of Defense which are current when the refunds Clinger-Cohen Act of 1996 (40 U.S.C. 1401). SEC. 8078. The Secretary of Defense, in co- SEC. 8085. During the current fiscal year, are received. ordination with the Secretary of Health and none of the funds available to the Depart- SEC. 8084. (a) REGISTERING FINANCIAL MAN- Human Services, may carry out a program to AGEMENT INFORMATION TECHNOLOGY SYSTEMS ment of Defense may be used to provide sup- distribute surplus dental equipment of the WITH DOD CHIEF INFORMATION OFFICER.— port to another department or agency of the Department of Defense, at no cost to the De- None of the funds appropriated in this Act United States if such department or agency partment of Defense, to Indian Health Serv- may be used for a mission critical or mission is more than 90 days in arrears in making ice facilities and to federally-qualified essential financial management information payment to the Department of Defense for health centers (within the meaning of sec- technology system (including a system fund- goods or services previously provided to such tion 1905(l)(2)(B) of the Social Security Act ed by the defense working capital fund) that department or agency on a reimbursable (42 U.S.C. 1396d(l)(2)(B))). is not registered with the Chief Information basis: Provided, That this restriction shall SEC. 8079. None of the funds appropriated Officer of the Department of Defense. A sys- not apply if the department is authorized by or made available in this Act to the Depart- tem shall be considered to be registered with law to provide support to such department or ment of the Navy shall be used to develop, that officer upon the furnishing to that offi- agency on a nonreimbursable basis, and is lease or procure the T–AKE class of ships uncer of notice of the system, together with providing the requested support pursuant to less the main propulsion diesel engines and such information concerning the system as such authority: Provided further, That the propulsors are manufactured in the United the Secretary of Defense may prescribe. A fi- Secretary of Defense may waive this restric- States by a domestically operated entity: nancial management information technology tion on a case-by-case basis by certifying in Provided, That the Secretary of Defense may system shall be considered a mission critical writing to the Committees on Appropria- waive this restriction on a case-by-case basis or mission essential information technology tions of the House of Representatives and by certifying in writing to the Committees system as defined by the Under Secretary of the Senate that it is in the national security on Appropriations of the House of Represent- Defense (Comptroller). interest to do so. atives and the Senate that adequate domes- (b) CERTIFICATIONS AS TO COMPLIANCE WITH SEC. 8086. None of the funds provided in tic supplies are not available to meet De- FINANCIAL MANAGEMENT MODERNIZATION this Act may be used to transfer to any non- partment of Defense requirements on a time- PLAN.— governmental entity ammunition held by ly basis and that such an acquisition must be (1) During the current fiscal year, a finan- the Department of Defense that has a center- made in order to acquire capability for na- cial management automated information fire cartridge and a United States military tional security purposes or there exists a sig- system, a mixed information system sup- nomenclature designation of ‘‘armor pene- nificant cost or quality difference. porting financial and non-financial systems, trator’’, ‘‘armor piercing (AP)’’, ‘‘armor SEC. 8080. None of the funds appropriated or a system improvement of more than piercing incendiary (API)’’, or ‘‘armor-pierc- or otherwise made available by this or other $1,000,000 may not receive Milestone A ap- ing incendiary-tracer (API–T)’’, except to an Department of Defense Appropriations Acts proval, Milestone B approval, or full rate entity performing demilitarization services may be obligated or expended for the purpose production, or their equivalent, within the for the Department of Defense under a con- of performing repairs or maintenance to Department of Defense until the Under Sec- tract that requires the entity to dem- military family housing units of the Depart- retary of Defense (Comptroller) certifies, onstrate to the satisfaction of the Depart- ment of Defense, including areas in such with respect to that milestone, that the sys- ment of Defense that armor piercing projec- military family housing units that may be tem is being developed and managed in ac- tiles are either: (1) rendered incapable of used for the purpose of conducting official cordance with the Department’s Financial reuse by the demilitarization process; or (2) Department of Defense business. Management Modernization Plan. The Under used to manufacture ammunition pursuant SEC. 8081. Notwithstanding any other pro- Secretary of Defense (Comptroller) may re- to a contract with the Department of De- vision of law, funds appropriated in this Act quire additional certifications, as appro- fense or the manufacture of ammunition for under the heading ‘‘Research, Development, priate, with respect to any such system. export pursuant to a License for Permanent Test and Evaluation, Defense-Wide’’ for any (2) The Chief Information Officer shall pro- Export of Unclassified Military Articles advanced concept technology demonstration vide the congressional defense committees issued by the Department of State. project may only be obligated 30 days after a timely notification of certifications under SEC. 8087. Notwithstanding any other pro- report, including a description of the project paragraph (1). vision of law, the Chief of the National and its estimated annual and total cost, has (c) CERTIFICATIONS AS TO COMPLIANCE WITH Guard Bureau, or his designee, may waive been provided in writing to the congressional CLINGER-COHEN ACT.— payment of all or part of the consideration defense committees: Provided, That the Sec- (1) During the current fiscal year, a major that otherwise would be required under 10 retary of Defense may waive this restriction automated information system may not re- U.S.C. 2667, in the case of a lease of personal on a case-by-case basis by certifying to the ceive Milestone A approval, Milestone B ap- property for a period not in excess of 1 year congressional defense committees that it is proval, or full rate production approval, or to any organization specified in 32 U.S.C. in the national interest to do so. their equivalent, within the Department of 508(d), or any other youth, social, or fra- SEC. 8082. Notwithstanding any other pro- Defense until the Chief Information Officer ternal non-profit organization as may be ap- vision of law, for the purpose of establishing certifies, with respect to that milestone, proved by the Chief of the National Guard all Department of Defense policies governing that the system is being developed in accord- Bureau, or his designee, on a case-by-case the provision of care provided by and fi- ance with the Clinger-Cohen Act of 1996 (40 basis. nanced under the military health care sys- U.S.C. 1401 et seq.). The Chief Information SEC. 8088. None of the funds appropriated tem’s case management program under 10 Officer may require additional certifications, by this Act shall be used for the support of U.S.C. 1079(a)(17), the term ‘‘custodial care’’ as appropriate, with respect to any such sys- any nonappropriated funds activity of the shall be defined as care designed essentially tem. Department of Defense that procures malt to assist an individual in meeting the activi- (2) The Chief Information Officer shall pro- beverages and wine with nonappropriated ties of daily living and which does not re- vide the congressional defense committees funds for resale (including such alcoholic

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beverages sold by the drink) on a military graph is in addition to any other transfer au- SEC. 8097. Notwithstanding any other pro- installation located in the United States un- thority provided to the Department of De- vision of law or regulation, the Secretary of less such malt beverages and wine are pro- fense. Defense may exercise the provisions of 38 cured within that State, or in the case of the SEC. 8092. Section 8106 of the Department U.S.C. 7403(g) for occupations listed in 38 District of Columbia, within the District of of Defense Appropriations Act, 1997 (titles I U.S.C. 7403(a)(2) as well as the following: Columbia, in which the military installation through VIII of the matter under subsection Pharmacists, Audiologists, and Dental Hy- is located: Provided, That in a case in which 101(b) of Public Law 104–208; 110 Stat. 3009– gienists. the military installation is located in more 111; 10 U.S.C. 113 note) shall continue in ef- (A) The requirements of 38 U.S.C. than one State, purchases may be made in fect to apply to disbursements that are made 7403(g)(1)(A) shall apply. any State in which the installation is lo- by the Department of Defense in fiscal year (B) The limitations of 38 U.S.C. cated: Provided further, That such local pro- 2004. 7403(g)(1)(B) shall not apply. curement requirements for malt beverages SEC. 8093. In addition to amounts provided SEC. 8098. Funds appropriated by this Act, and wine shall apply to all alcoholic bev- in this Act, $2,000,000 is hereby appropriated or made available by the transfer of funds in erages only for military installations in for ‘‘Defense Health Program’’, to remain this Act, for intelligence activities are States which are not contiguous with an- available for obligation until expended: Pro- deemed to be specifically authorized by the other State: Provided further, That alcoholic vided, That notwithstanding any other provi- Congress for purposes of section 504 of the beverages other than wine and malt bev- sion of law, these funds shall be available National Security Act of 1947 (50 U.S.C. 414) erages, in contiguous States and the District only for a grant to the Fisher House Founda- during fiscal year 2004 until the enactment of of Columbia shall be procured from the most tion, Inc., only for the construction and fur- the Intelligence Authorization Act for fiscal competitive source, price and other factors nishing of additional Fisher Houses to meet year 2004. considered. the needs of military family members when SEC. 8099. The total amount appropriated SEC. 8089. (a) The Department of Defense is confronted with the illness or hospitalization in title II is hereby reduced by $320,000,000 to authorized to enter into agreements with the of an eligible military beneficiary. reduce cost growth in information tech- Department of Veterans Affairs and feder- SEC. 8094. Amounts appropriated in title II nology development, to be derived as follows: ally-funded health agencies providing serv- are hereby reduced by $172,500,000 to reflect (1) From ‘‘Operation and Maintenance, ices to Native Hawaiians for the purpose of savings attributable to improvements in the Army’’, $60,000,000. establishing a partnership similar to the management of professional support serv- (2) From ‘‘Operation and Maintenance, Alaska Federal Health Care Partnership, in ices, surveys and analysis, and engineering Navy’’, $100,000,000. order to maximize Federal resources in the and technical support contracted by the (3) From ‘‘Operation and Maintenance, Air provision of health care services by feder- military departments, as follows: Force’’, $100,000,000. ally-funded health agencies, applying tele- (1) From ‘‘Operation and Maintenance, (4) From ‘‘Operation and Maintenance, De- medicine technologies. For the purpose of Army’’, $21,500,000. fense-Wide’’, $60,000,000. this partnership, Native Hawaiians shall (2) From ‘‘Operation and Maintenance, SEC. 8100. None of the funds in this Act have the same status as other Native Ameri- Navy’’, $34,400,000. may be used to initiate a new start program cans who are eligible for the health care (3) From ‘‘Operation and Maintenance, Ma- without prior notification to the Office of services provided by the Indian Health Serv- rine Corps’’, $4,300,000. Secretary of Defense and the congressional ice. (4) From ‘‘Operation and Maintenance, Air defense committees. (b) The Department of Defense is author- Force’’, $21,300,000. SEC. 8101. The amounts appropriated in ized to develop a consultation policy, con- (5) From ‘‘Operation and Maintenance, De- title II are hereby reduced by $539,000,000 to sistent with Executive Order No. 13084 fense-Wide’’, $91,000,000. reflect cash balance and rate stabilization adjustments in Department of Defense Work- (issued May 14, 1998), with Native Hawaiians (INCLUDING TRANSFER OF FUNDS) for the purpose of assuring maximum Native ing Capital Funds, as follows: SEC. 8095. Of the amounts appropriated in (1) From ‘‘Operation and Maintenance, Hawaiian participation in the direction and this Act under the heading ‘‘Shipbuilding administration of governmental services so Army’’, $107,000,000. and Conversion, Navy’’, $899,502,000 shall be (2) From ‘‘Operation and Maintenance, as to render those services more responsive available until September 30, 2004, to fund to the needs of the Native Hawaiian commu- Navy’’, $45,000,000. prior year shipbuilding cost increases: Pro- (3) From ‘‘Operation and Maintenance, Air nity. vided, That upon enactment of this Act, the (c) For purposes of this section, the term Force’’, $387,000,000. Secretary of the Navy shall transfer such ‘‘Native Hawaiian’’ means any individual SEC. 8102. The amount appropriated in title funds to the following appropriations in the who is a descendant of the aboriginal people II for ‘‘Operation and Maintenance, Navy’’ is amounts specified: Provided further, That the who, prior to 1778, occupied and exercised hereby reduced by $67,000,000 to reduce excess amounts transferred shall be merged with sovereignty in the area that now comprises funded carryover. and be available for the same purposes as the the State of Hawaii. SEC. 8103. (a) In addition to the amounts appropriations to which transferred: SEC. 8090. Funds available to the Depart- provided elsewhere in this Act, the amount To: ment of Defense for the Global Positioning of $5,500,000 is hereby appropriated to the De- Under the heading, ‘‘Shipbuilding and Con- System during the current fiscal year may partment of Defense for ‘‘Operation and version, Navy, 1996/04’’: be used to fund civil requirements associated Maintenance, Army National Guard’’. Such LPD–17 Amphibious Transport Dock Ship with the satellite and ground control seg- amount shall be made available to the Sec- Program, $150,300,000; ments of such system’s modernization pro- retary of the Army only to make a grant in Under the heading, ‘‘Shipbuilding and Con- gram. the amount of $5,500,000 to the entity speci- version, Navy, 1998/04’’: fied in subsection (b) to facilitate access by (INCLUDING TRANSFER OF FUNDS) New SSN, $81,060,000; veterans to opportunities for skilled employ- SEC. 8091. Of the amounts appropriated in Under the heading, ‘‘Shipbuilding and Con- ment in the construction industry. this Act under the heading, ‘‘Research, De- version, Navy, 1999/04’’: (b) The entity referred to in subsection (a) velopment, Test and Evaluation, Defense- DDG–51 Destroyer Program, $44,420,000; is the Center for Military Recruitment, As- Wide’’, $48,000,000 shall remain available New SSN, $166,978,000; sessment and Veterans Employment, a non- until expended: Provided, That notwith- LPD–17 Amphibious Transport Dock Ship profit labor-management co-operation com- standing any other provision of law, the Sec- Program $86,821,000; mittee provided for by section 302(c)(9) of the retary of Defense is authorized to transfer Under the heading, ‘‘Shipbuilding and Con- Labor-Management Relations Act, 1947 (29 such funds to other activities of the Federal version, Navy, 2000/04’’: U.S.C. 186(c)(9)), for the purposes set forth in Government: Provided further, That of the DDG–51 Destroyer Program, $69,460,000; section 6(b) of the Labor Management Co- amounts made available under the heading LPD–17 Amphibious Transport Dock Ship operation Act of 1978 (29 U.S.C. 175a note). ‘‘Operation and Maintenance, Army’’, up to Program $112,778,000; and SEC. 8104. (a) During the current fiscal year $177,000,000 shall remain available until ex- Under the heading, ‘‘Shipbuilding and Con- and hereafter, funds available to the Sec- pended, and is available for the acquisition version, Navy, 2001/04’’: retary of a military department for Oper- of real property, construction, personal serv- DDG–51 Destroyer Program, $90,313,000; and ation and Maintenance may be used for the ices, and operations, for certain classified ac- New SSN, $97,372,000. purposes stated in subsection (b) to support tivities, and may be transferred to other ap- SEC. 8096. The Secretary of the Navy may chaplain-led programs to assist members of propriations accounts of the Department of settle, or compromise, and pay any and all the Armed Forces and their immediate fam- Defense, and notwithstanding any other pro- admiralty claims under 10 U.S.C. 7622 arising ily members in building and maintaining a vision of law, such funds may be obligated to out of the collision involving the U.S.S. strong family structure. carry out projects not otherwise authorized GREENEVILLE and the EHIME MARU, in (b) The purposes referred to in subsection by law: Provided further, That any funds any amount and without regard to the mone- (a) are costs of transportation, food, lodging, transferred shall be merged with and made tary limitations in subsections (a) and (b) of supplies, fees, and training materials for available for the same time period and for that section: Provided, That such payments members of the Armed Forces and their fam- the same purposes as the appropriations to shall be made from funds available to the ily members while participating in such pro- which transferred: Provided further, That the Department of the Navy for operation and grams, including participation at retreats transfer authority provided in this para- maintenance. and conferences.

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SEC. 8105. FINANCING AND FIELDING OF KEY may use funds appropriated in title II of this part of the Mojave National Preserve and be ARMY CAPABILITIES.—The Department of De- Act under the heading, ‘‘Operation and Main- administered in accordance with the laws, fense and the Department of the Army shall tenance, Navy’’, to liquidate the expenses in- rules, and regulations generally applicable make future budgetary and programming curred for private security guard services to the Mojave National Preserve. plans to fully finance the Non-Line of Sight performed at the Naval Support Unit, Sara- SEC. 8114. None of the funds appropriated (NLOS) Objective Force cannon and resupply toga Springs, New York by Burns Inter- or made available in this Act shall be used to vehicle program in order to field this system national Security Services, Albany, New reduce or disestablish the operation of the in the 2008 timeframe. As an interim capa- York in the amount of $29,323.35, plus ac- 53d Weather Reconnaissance Squadron of the bility to enhance Army lethality, surviv- crued interest, if any. Air Force Reserve, if such action would re- ability, and mobility for light and medium SEC. 8112. Of the amounts provided in title duce the WC–130 Weather Reconnaissance forces before complete fielding of the Objec- II of this Act under the heading, ‘‘Operation mission below the levels funded in this Act. tive Force, the Army shall ensure that budg- and Maintenance, Defense-Wide’’, $20,000,000 SEC. 8115. The Secretary of the Air Force etary and programmatic plans will provide is available for the Regional Defense shall convey, without consideration, to the for no fewer than six Stryker Brigade Com- Counter-terrorism Fellowship Program, to Inland Valley Development Agency all right, bat Teams to be fielded between 2003 and fund the education and training of foreign title, and interest of the United States in 2008. military officers, ministry of defense civil- and to certain parcels of real property, in- SEC. 8106. (a) MANAGEMENT OF CHEMICAL ians, and other foreign security officials, to cluding improvements thereon, located in DEMILITARIZATION ACTIVITIES AT BLUEGRASS include United States military officers and San Bernardino, California, that consist of ARMY DEPOT, KENTUCKY.—If a technology civilian officials whose participation directly approximately 39 acres and are leased, as of other than the baseline incineration program contributes to the education and training of June 1, 2003, by the Secretary to the Defense is selected for the destruction of lethal these foreign students. Finance and Accounting Service. The con- chemical munitions pursuant to section 142 SEC. 8113. (a) EXCHANGE REQUIRED.—In ex- veyance shall be subject to the condition of the Strom Thurmond National Defense change for the private property described in that the Inland Valley Development Agency Authorization Act for Fiscal Year 1999 (Pub- subsection (b), the Secretary of the Interior and the Director of the Defense Finance and lic Law 105–261; 50 U.S.C. 1521 note), the pro- shall convey to the Veterans Home of Cali- Accounting Service enter into a lease-back gram manager for the Assembled Chemical fornia—Barstow, Veterans of Foreign Wars agreement, acceptable to the Director, for Weapons Assessment shall be responsible for Post #385E (in this section referred to as the premises required by the Director for sup- management of the construction, operation, ‘‘recipient’’), all right, title, and interest of port operations conducted by the Defense Fi- and closure, and any contracting relating the United States in and to a parcel of real nance and Accounting Service. thereto, of chemical demilitarization activi- property consisting of approximately one SEC. 8116. Notwithstanding the provisions ties at Bluegrass Army Depot, Kentucky, in- acre in the Mojave National Preserve and of section 2401 of title 10, United States Code, cluding management of the pilot-scale facil- designated (by section 8137 of the Depart- the Secretary of the Navy is authorized to ity phase of the alternative technology. ment of Defense Appropriations Act, 2002 enter into a contract for the charter for a pe- (b) MANAGEMENT OF CHEMICAL DEMILI- (Public Law 107–117; 115 Stat. 2278)) as a na- riod through fiscal year 2008, of the vessel, TARIZATION ACTIVITIES AT PUEBLO DEPOT, tional memorial commemorating United RV CORY CHOUEST (United States Official COLORADO.—The program manager for the States participation in World War I and hon- Assembled Chemical Weapons Assessment Number 933435) in support of the Surveil- oring the American veterans of that war. lance Towed Array Sensor (SURTASS) pro- shall be responsible for management of the Notwithstanding the conveyance of the prop- construction, operation, and closure, and gram: Provided, That funding for this lease erty under this subsection, the Secretary any contracting relating thereto, of chem- shall be from within funds provided in this shall continue to carry out the responsibil- ical demilitarization activities at Pueblo Act and future appropriations Acts. ities of the Secretary under such section Army Depot, Colorado, including manage- SEC. 8117. In addition to the amounts ap- 8137. ment of the pilot-scale facility phase of the propriated or otherwise made available else- (b) CONSIDERATION.—As consideration for alternative technology selected for the de- where in this Act, and notwithstanding any the property to be conveyed by the Secretary other provision of law, $20,000,000 is hereby struction of lethal chemical munitions. under subsection (a), Mr. and Mrs. Henry SEC. 8107. In addition to the amounts ap- appropriated to ‘‘Operation and Mainte- Sandoz of Mountain Pass, California, have propriated or otherwise made available in nance, Army’’, to remain available until agreed to convey to the Secretary a parcel of this Act, $6,500,000, to remain available until September 30, 2004, to be available only for a real property consisting of approximately September 30, 2004, is hereby appropriated to grant in the amount of $20,000,000 to the Sil- five acres, identified as parcel APN 569–051– the Department of Defense: Provided, That ver Valley Unified School District, Silver 1 the Secretary of Defense shall make grants 44, and located in the west ⁄2 of the north- Valley, California, for the purpose of school 1 1 in the amount of $4,000,000 to the American east ⁄4 of the northwest ⁄4 of the northwest construction at Fort Irwin, California. 1 Red Cross for Armed Forces Emergency ⁄4 of section 11, township 14 north, range 15 SEC. 8118. Amounts appropriated in title II Services; and $2,500,000 to the Intrepid Sea- east, San Bernardino base and meridian. are hereby reduced by $294,000,000 to reflect (c) EQUAL VALUE EXCHANGE; APPRAISAL.— Air-Space Foundation. savings attributable to efficiencies and man- The values of the properties to be exchanged SEC. 8108. None of the funds appropriated in agement improvements in the funding of this Act under the heading ‘‘Overseas Con- under this section shall be equal or equalized miscellaneous or other contracts in the mili- tingency Operations Transfer Fund’’ may be as provided in subsection (d). The value of tary departments, as follows: transferred or obligated for Department of the properties shall be determined through (1) From ‘‘Operation and Maintenance, Defense expenses not directly related to the an appraisal performed by a qualified ap- Army,’’ $27,000,000; conduct of overseas contingencies: Provided, praiser in conformance with the Uniform Ap- (2) From ‘‘Operation and Maintenance, That the Secretary of Defense shall submit a praisal Standards for Federal Land Acquisi- Navy,’’ $50,000,000; and report no later than 30 days after the end of tions (Department of Justice, December (3) From ‘‘Operation and Maintenance, Air each fiscal quarter to the Committees on Ap- 2000). Force’’, $217,000,000. (d) CASH EQUALIZATION.—Any difference in propriations of the Senate and House of Rep- SEC. 8119. The amount appropriated in title resentatives that details any transfer of the value of the properties to be exchanged II for ‘‘Operation and Maintenance, Air funds from the ‘‘Overseas Contingency Oper- under this section shall be equalized through Force’’ is hereby reduced by $600,000,000 to ations Transfer Fund’’: Provided further, That the making of a cash equalization payment. reflect cash balance and rate stabilization the report shall explain any transfer for the The Secretary shall deposit any cash equali- adjustments in the Department of Defense maintenance of real property, pay of civilian zation payment received by the Secretary Transportation Working Capital Fund. under this subsection in the Land and Water personnel, base operations support, and (RESCISSION) weapon, vehicle or equipment maintenance. Conservation Fund. SEC. 8109. For purposes of section 1553(b) of (e) REVERSIONARY CLAUSE.—The convey- SEC. 8120. Of the funds made available in title 31, United States Code, any subdivision ance under subsection (a) shall be subject to chapter 3 of title I of the Emergency War- of appropriations made in this Act under the the condition that the recipient maintain time Supplemental Appropriations Act, 2003 heading ‘‘Shipbuilding and Conversion, the conveyed property as a memorial com- (Public Law 108–11), under the heading ‘‘Iraq Navy’’ shall be considered to be for the same memorating United States participation in Freedom Fund’’ (117 Stat. 563), $2,000,000,000 purpose as any subdivision under the heading World War I and honoring the American vet- is hereby rescinded. ‘‘Shipbuilding and Conversion, Navy’’ appro- erans of that war. If the Secretary deter- SEC. 8121. Of the total amount appropriated priations in any prior fiscal year, and the 1 mines that the conveyed property is no by this Act under the heading ‘‘Operation percent limitation shall apply to the total longer being maintained as a war memorial, and Maintenance, Defense-Wide’’ to provide amount of the appropriation. the property shall revert to the ownership of assistance to local educational agencies for SEC. 8110. None of the funds in this Act the United States. children of members of the Armed Forces may be used for research, development, test, (f) BOUNDARY ADJUSTMENT; ADMINISTRA- and Department of Defense civilian employ- evaluation, procurement or deployment of TION OF ACQUIRED LAND.—The boundaries of ees with severe disabilities, the Secretary of nuclear armed interceptors of a missile de- the Mojave National Preserve shall be ad- Defense may use up to $855,566 to make addi- fense system. justed to reflect the land exchange required tional payment under section 363 of the SEC. 8111. Notwithstanding section 2465 of by this section. The property acquired by the Floyd D. Spence National Defense Authoriza- title 10 U.S.C., the Secretary of the Navy Secretary under this section shall become tion Act for Fiscal Year 2001 (20 U.S.C.

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.013 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6297 7703(a)) to those local educational agencies property and associated personal property at specific conclusions, they do find much whose percentage reduction in the payment the former Naval Station by public sale. of what has been said in these stories amount for fiscal year 2002 was in excess of (2) The Secretary of the Navy may transfer to be credible. the reduction otherwise imposed under sub- excess personal property or dispose of sur- section (d) of such section for that fiscal plus personal property located at the instal- In addition to the CIA, which is an year. The Secretary of Defense may waive lation pursuant to the Federal Property and independent agency, there are four collection of any overpayment made to local Administrative Services Act of 1949 (40 major intelligence organizations inside educational agencies under such section for U.S.C. 521 et seq.). the Department of Defense. All of these fiscal year 2002. (c) The Secretary of the Navy may use entities are funded in this bill. The (INCLUDING TRANSFER OF FUNDS) funds in the Department of Defense Base Clo- press stories I am referring to, and I sure Account established by section 2906 of SEC. 8122. None of the funds made available would be glad to provide copies of them in this Act may be transferred to any depart- the Defense Base Closure and Realignment to any Member who is interested, those Act of 1990, Public Law 101–510 to implement ment, agency, or instrumentality of the stories argue that a group of civilian United States Government, except pursuant the closure. (d) There shall be deposited into the Ac- employees in the Office of the Sec- to a transfer made by, or transfer authority count referred to in subsection (c) the pro- retary of Defense, all of whom are po- provided in, this Act or any other appropria- ceeds of sale from the disposal of property tions Act. litical employees, have long been dis- authorized by subsection (b) for the benefit SEC. 8123. None of the funds appropriated satisfied with the information pro- or otherwise made available by this Act may of the Department of the Navy. duced by the established intelligence be used to implement any amendment or re- Mr. OBEY. Mr. Chairman, I move to agencies both inside and outside the vision of, or cancel, the Department of De- strike the last word. Department. That was particularly fense Directive 1344.7, ‘‘Personal Commercial b 1215 true, apparently, with respect to the Solicitation on DoD Installations’’, until 90 situation in Iraq. days following the date the Secretary of De- Mr. Chairman, let me confirm that I As a result, it is reported that they fense submits to Congress notice of the think this bill will be supported broad- established a special operation within amendment, revision or cancellation, and ly on both sides of the aisle, and I the Office of the Secretary of Defense, the reasons therefore. would simply like to bring three mat- SEC. 8124. LIMITATION ON DEPLOYMENT OF which was named the Office of Special ters to the attention of the House. TERRORISM INFORMATION AWARENESS PRO- Plans. That office was charged with GRAM.— First of all, I really do believe that this institution is going to have to collecting, vetting, and disseminating (1) Notwithstanding any other provision of intelligence completely outside the law and except as provided in paragraph (2), take a look at the number of commit- normal intelligence apparatus. In fact, if and when research and development on the ments that we have worldwide and Terrorism Information Awareness program compare that to the strain that we it appears that the information col- (formerly known as the Total Information have on the available troops for use lected by this office was in some in- Awareness program), or any component of under these many commitments. I stances not even shared with the estab- such program, permits the deployment or think anyone who looks at the situa- lished intelligence agencies and in nu- implementation of such program or compo- merous instances was passed on to the nent, no department, agency, or element of tion will understand that we are dan- gerously close to having an over- National Security Council and the the Federal Government may deploy or im- President without having been vetted plement such program or component, or extended military; and I think we with anyone other than OSD political transfer such program or component to an- ought to ask ourselves honestly if we other department, agency, or element of the are going to engage in these many appointees. Federal Government, until the Secretary of commitments around the world, do we It is further alleged that the purpose Defense— need to have a larger Army. In my view of this operation was not only to (A) notifies Congress of that development, if we are, then we do. If we do not in- produce intelligence more in keeping including a specific and detailed description tend to enlarge the Army, then I think with the preheld views of those individ- of— uals, but to intimidate analysts in the (i) each element or component of such pro- we must be much more aggressive in gram intended to be deployed or imple- asking our allies to help us deal with established intelligence organizations mented; and some of the peacekeeping functions to produce information that was more (ii) the method and scope of the intended that we face, for instance, in Iraq. supportive of policy decisions which deployment or implementation of such pro- Secondly, I do have some misgivings they had already decided to propose. gram or component (including the data or in- about the funding levels for SDI in the There is considerable discussion reformation to be accessed or used); and bill. garding the intelligence relating to (B) has received specific authorization by weapons of mass destruction. law from Congress for the deployment or im- Thirdly, I want to talk about some- plementation of such program or component, thing that I think is more important I think it would be unfortunate if including— than any of those considerations. This this issue were subsumed by the ques- (i) a specific authorization by law for the Subcommittee of Defense is perhaps tion of whether or not Saddam Hussein deployment or implementation of such pro- the most bipartisan of all appropria- had such weapons. First of all, we do gram or component; and tions subcommittees, and the Com- not know at this point. My personal (ii) a specific appropriation by law of funds mittee on Appropriations is probably suspicion has always been that he did. for the deployment or implementation of the most bipartisan committee in the Secondly, measuring the quality of our such program or component. intelligence apparatus requires more (2) The limitation in paragraph (1) shall House; and it is in that spirit that I not apply with respect to the deployment or raise a matter that I think every Mem- than determining whether the report- implementation of the Terrorism Informa- ber should be aware of because of its ing was right or wrong on any single tion Awareness program, or a component of deadly importance. It involves intel- issue. Is what was reported consistent such program, in support of the following: ligence, specifically the intelligence with the best information that was (A) Lawful military operations of the gathering and analysis used in support available? Did we reach the right con- United States conducted outside the United of Operation Iraqi Freedom. clusion based on good information or States. What I am going to say is based on by happenstance? (B) Lawful foreign intelligence activities conducted wholly overseas, or wholly against published reports purportedly based on These allegations, however, go well non-United States citizens. interviews with intelligence officials beyond the issue of WMDs. It appears SEC. 8125. (a) CLOSURE OF NAVAL STATION and military officers. Neither I, nor I that the individuals in question also ROOSEVELT ROADS, PUERTO RICO.—Notwith- suspect anyone in the House of Rep- challenged the consensus within the in- standing any other provision of law, the Sec- resentatives, knows the extent to telligence community on the number retary of the Navy shall close Naval Station which these reports are accurate so of troops that would be required for a Roosevelt Roads, Puerto Rico, no later than there is no possibility of disclosing successful invasion. The political ap- six months after enactment of this Act. classified material. We have had the pointees within the Office of the Sec- (b) DISPOSAL.— (1) The Secretary of the Navy shall exer- staff of the committee look at the alle- retary maintained regular contact with cise the authority granted to the Adminis- gations on a bipartisan basis, and I sources within the Iraqi National Con- trator of the General Services pursuant to think it is fair to say, while they do gress, who in turn maintained contact section 545 of title 40 and dispose of the real not have enough information to reach with sources inside of Iraq.

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.013 H08PT1 H6298 CONGRESSIONAL RECORD — HOUSE July 8, 2003 The CHAIRMAN. The time of the could more efficiently be performed after the dollar amount on page 31, line 19, gentleman from Wisconsin (Mr. OBEY) centrally.’’ I think we need to remem- the following: ‘‘(increased by $100,000,000)’’. has expired. ber those words, and I think the Con- Under the heading ‘‘RESEARCH, DEVELOP- MENT, TEST AND EVALUATION, DEFENSE- (By unanimous consent, Mr. OBEY gress needs to dig and dig hard to get WIDE’’, insert after the dollar amount on was allowed to proceed for 3 additional to the bottom of this. page 33, line 4, the following: ‘‘(reduced by minutes.) I do not, frankly, know what the $100,000,000)’’. Mr. OBEY. Mr. Chairman, based on right structure for gathering and dis- Mr. LEWIS of California. Mr. Chair- information transmitted by these semination of intelligence information man, I reserve a point of order on the sources, the political appointees ar- ought to be, but I am very leery of the amendment. gued that the conclusions of the intel- fact that we have a new operation The CHAIRMAN. A point of order is ligence community, the Joint Chiefs, which can deal with information with- reserved on the amendment. and in particular General Shinseki, out clearing it with anyone else. The Mr. BLUMENAUER. Mr. Chairman, I were in error and the invasion could be reason the system has served us so well come today with deep respect for the successfully carried out with fewer over the past years is because all infor- hard work that this subcommittee has than 50,000 troops. mation has been vetted with other peo- done. I think it may be the toughest While the chiefs in the end got most ple who are supposed to know the most subcommittee in the House given the of the troops that they requested, it about it. I think it is dangerous when amazing pressures in terms of the mili- appears that the invasion was both we get away from that practice. tary requirements of our country dur- lighter than they would have desired AMENDMENT OFFERED BY MR. LEWIS OF ing a difficult time. This is a difficult and lighter than what was required. CALIFORNIA budget, and there are crosscurrents The inability to fully protect supply Mr. LEWIS of California. Mr. Chair- that I cannot even imagine, but I get a lines did in fact result in the loss of man, I offer an amendment. little hint as I look from a distance. life. The shortage of available per- The Clerk read as follows: My special interest has been in an sonnel did leave certain critical sites Amendment offered by Mr. LEWIS of Cali- area dealing with unexploded ordnance, such as nuclear facilities unprotected. fornia: being able to protect people at home We all know this is incredibly serious On page 103, line 9, strike ‘‘$67,000,000’’ and and abroad from the consequences of business. It is important not only to insert in lieu thereof ‘‘$96,000,000’’. everything from landmines to training understand what we did or did not do At the end of title VIII (page 116, after line munitions that are unexploded. This with respect to Iraq, but it is far more 19), add the following new seciton: has been an area that I have been deep- SEC. ll. In addition to amounts provided important in terms of what we will do elsewhere in this Act, the following amounts ly troubled with. It is an area that in the future. How will the information shall be made available for the purposes around the country there are poten- that the President and the Congress re- specified: tially millions of acres in the United ceive on our options in Korea be put to- (a) The amount of $5,000,000 is hereby ap- States that are so affected; and when gether, for instance? Will the long-es- propriated for ‘‘Operation and Maintenance, we look at what has happened overseas, tablished collection mechanisms, eval- Army National Guard’’, for the nationwide whether it is in the war in Southeast uation and dissemination be used, or dedicated fiber optic network program; Asia and Vietnam, Afghanistan, what will we again fall back on the ad hoc (b) The amount of $14,000,000 is hereby ap- is going on right now in Iraq, and we propriated for ‘‘Procurement, Marine Corps’’, efforts of this self-appointed group of of which $9,600,000 is for the AN/PRC–148 tac- just had a boy back home die this week experts? tical handheld radio, and $4,400,000 is for in my community as a result of efforts It is important to note that these combat casualty care equipment; trying to clear landmines. same individuals have established a (c) The amount of $5,000,000 is hereby ap- Around the world, over 300 million new office with an Under Secretary of propriated for ‘‘Research, Development, Test landmines have been built, and 75 mil- Defense for Intelligence. This office and Evaluation, Air Force’’, for low emis- lion that have been placed remain will have more than 100 people, and it sion/efficient hybrid aviation refueling truck undetonated. propulsion; and Mr. MURTHA. Mr. Chairman, will is widely believed in the intelligence (d) The amount of $5,000,000 is hereby ap- community that the office is being cre- the gentleman yield? propriated for ‘‘Research, Development, Test Mr. BLUMENAUER. I yield to the ated for the express purpose of pres- and Evaluation, Defense-Wide’’, for develop- suring analysts to produce information ment of novel pharmaceuticals for anthrax. gentleman from Pennsylvania. Mr. MURTHA. Mr. Chairman, the more supportive of predetermined pol- Mr. LEWIS of California (during the icy. I do not know if that is true or not, gentleman from California (Mr. LEWIS) reading). Mr. Chairman, I ask unani- and I have both talked to the gen- but the question remains, Will this of- mous consent that the amendment be tleman about this issue. We understand fice stand between our war fighters and considered as read and printed in the the seriousness of it, and the impor- the information they need? Why did RECORD. tance to both the gentleman and to the they require this small group of civil- The CHAIRMAN. Is there objection country; and we are certainly going to ians to employ this kind of a role? Will to the request of the gentleman from work with the gentleman in trying to the Under Secretary compete with the California? increase the amount of money in the Director of Central Intelligence in the There was no objection. unexploded ordnance area. We think it coordination of these agencies? All I Mr. LEWIS of California. Mr. Chair- is a very important area, and we feel can say is that we are paying for all of man, the minority has seen the amend- very strongly that the gentleman is this. We ought to have the answers. ment and has no objection. I simply right about it. We do not agree with I would like to ask Members to re- ask for its passage. the amendment, and we hope it will be member that there was a reason the Mr. MURTHA. Mr. Chairman, will withdrawn; but we do think money National Security Act of 1946 placed all the gentleman yield? needs to be increased in that area. intelligence activities under the con- Mr. LEWIS of California. I yield to Mr. LEWIS of California. Mr. Chair- trol of one man, the Director of Central the gentleman from Pennsylvania. man, will the gentleman yield? Intelligence. General Hoyt Vandenberg, Mr. MURTHA. Mr. Chairman, I have Mr. BLUMENAUER. I yield to the who himself served as the DCI, ex- no objection to the amendment. gentleman from California. plained that decision in testimony be- The CHAIRMAN. The question is on Mr. LEWIS of California. Mr. Chair- fore Congress. He said, ‘‘The joint con- the amendment offered by the gen- man, echoing the words of the gen- gressional committee to investigate tleman from California (Mr. LEWIS). tleman from Pennsylvania (Mr. MUR- the Pearl Harbor attack found failures The amendment was agreed to. THA), I withdraw my point of order. that went to the very structure of our AMENDMENT OFFERED BY MR. BLUMENAUER The CHAIRMAN. The point of order intelligence organizations, a failure to Mr. BLUMENAUER. Mr. Chairman, I is withdrawn. coordinate the collection and dissemi- offer an amendment. Mr. BLUMENAUER. Mr. Chairman, nation of intelligence, and the failure The Clerk read as follows: reclaiming my time, I am deeply appre- to centralize intelligence functions of Amendment offered by Mr. BLUMENAUER: ciative of the spirit of cooperation common concern to more than one de- Under the heading ‘‘RESEARCH, DEVELOP- from the chairman and ranking mem- partment of the government which MENT, TEST AND EVALUATION, ARMY’’, insert ber and willingness to work with us.

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.059 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6299 We had made a request initially of $20 were much simpler than real-life sce- home. And today the average cost of million before the subcommittee. narios. It will not be subject to a real- child care for a 4-year old in an urban- Frankly, as I watched what moved life test before deployment in 2004. The area center is more than the average through the process, I thought we had only conclusion I can draw is that pro- cost of public college tuition in all but identified an area with the new genera- ponents do not care. They do not care one State. tion of ballistic missile defense inter- if this weapons system works and it I ask who will care for our children? ceptor, additional research that frank- harms rather than protects Americans. And I say that we can. With $60 billion ly would be a higher priority. But Any country that decides to attack the we could have universal prekinder- given the strong encouragement to United States with nuclear, chemical, garten and child care in this Nation. I work with the subcommittee and their or biological weapons is more likely to have a bill before this Congress, the willingness to work with us, I look for- use a less expensive and more covert Universal Prekindergarten Act, that ward to working with them to make delivery method than long-range mis- would establish and expand prekinder- sure that at least the $20 million is siles, such as smuggling it on a ship or garten programs to ensure that all there to protect Americans at home a truck. children ages 3 to 5 have access to and abroad. Candidly, Mr. Chairman, it National missile defense would offer high-quality, full-day, full-calendar- is not just going to save our fighting no protection against such an attack, year prekindergarten education. men and women. I would just conclude and because we waste so much money It is time to set our priorities on the notion that every single day ci- on this system, we leave our homeland straight. We are arming ourselves to vilians, including a sad number of chil- security system underfunded and un- the teeth, and we are missing a chance dren, are killed and maimed as a result able to protect from real threats. We to make sure our children have decent of landmines and unexploded muni- can also significantly reduce our ship- education. tions. This investment will reap divi- building programs funded at $11.5 bil- AMENDMENT OFFERED BY MR. DE FAZIO dends for generations to come. I deeply lion. Our Navy is not threatened by Mr. DEFAZIO. Mr. Chairman, I offer appreciate the cooperation of the sub- any other navy; yet it offers little pro- an amendment. committee. tection from today’s real threats. We The Clerk read as follows: Mr. Chairman, I ask unanimous con- would do far more for our Nation’s se- Amendment offered by Mr. DEFAZIO: sent to withdraw the amendment. curity by shifting some of these funds Under the heading ‘‘RESERVE PERSONNEL, The CHAIRMAN. Is there objection to the Coast Guard. ARMY’’, insert after the dollar amount on to the request of the gentleman from It would immediately save lives to page 4, line 14, the following: ‘‘(increased by Oregon? cancel the V–22 aircraft program, a $37,300,000)’’. There was no objection. savings of $1.5 billion in fiscal year Under the heading ‘‘RESERVE PERSONNEL, Mr. KUCINICH. Mr. Chairman, I 2004. This aircraft has killed 30 Marines AIR FORCE’’, insert after the dollar amount because it has an unsafe design that on page 6, line 6, the following: ‘‘(increased move to strike the last word. by $8,000,000)’’. Mr. Chairman, I rise in strong opposi- cannot be relied upon. I cannot support Under the heading ‘‘OPERATION AND MAIN- tion to this bill. In one quick hour of funds for such a program. TENANCE, ARMY’’, insert after the dollar debate, Congress will spend $368 billion The F–22 fighter plane is a relic of amount on page 7, line 21, the following: on the military. Amazingly, this mas- the Cold War that suits no purpose in a ‘‘(increased by $22,330,000)’’. sive sum does not fund our troops in modern Air Force. Our current Under the heading ‘‘OPERATION AND MAIN- Iraq or Afghanistan. If we want to use airfighters are more than capable and TENANCE, ARMY NATIONAL GUARD’’, insert our Armed Forces, the taxpayers will far less expensive. The F–22 continues after the dollar amount on page 12, line 19, to be subject to massive cost overruns the following: ‘‘(increased by $26,400,000)’’. have to use extra. We all know that the Under the heading ‘‘AIRCRAFT PROCURE- President will be back asking for more and continued development problems, MENT, AIR FORCE’’, insert after the dollar billions of more taxpayer dollars for making it an unaffordable plane. The amount on page 27, line 22, the following: these operations. $3.6 billion saved in fiscal year 2004 ‘‘(reduced by $273,000,000)’’. This bill funds the wrong defense pri- would raise a lot of teachers’ salaries, Under the heading ‘‘PROCUREMENT, DE- orities that will do little to provide for providing our children with better edu- FENSE-WIDE’’, insert after the dollar amount a more secure America. It will fund cation. on page 30, line 18, the following: ‘‘(increased weapons systems that we all know will I believe we should roll back our by $52,100,000)’’. not work and will be subject to spi- spending in research and development Mr. DEFAZIO (during the reading). raling upward costs; and yet we cannot of unnecessary expensive weapons sys- Mr. Chairman, I ask unanimous con- fully fund education needs at home. tems such as Army’s Comanche heli- sent that the amendment be considered The only needs this Congress will take copter, a savings of $1.1 billion; the as read and printed in the RECORD. care of today are the profit-gouging de- Joint Strike Fighter, a savings of $4.2 The CHAIRMAN. Is there objection fense contractors. Perhaps we should billion; the Space-Based Infra-Red Sys- to the request of the gentleman from rename this bill the Lockheed-Martin, tem, a savings of $617 million; and the Oregon? Northrop Grumman, United Defense, Space-Based Radar, a savings of $174 There was no objection. Raytheon, Boeing and General Dynam- million. Mr. LEWIS of California. Mr. Chair- ics Welfare Act of 2003. Do we want to start a new war in man, I reserve a point of order on the Unlike the Republican majority, I do space, or do we want to finish the amendment. not believe we should heavily deficit struggle against deteriorating public Mr. DEFAZIO. Mr. Chairman, this is spend to further enrich defense con- schools? I believe we can do more for an amendment to close a gap that I see tractors. We can heavily invest in edu- America by our repairing our school in- in the vital needs of the American peo- cation and reduce the deficit by cut- frastructure. The savings proposed here ple. The gentleman from Pennsylvania, ting national missile defense, the F22 amount to a significant investment in as the father of the Civil Support fighter plane, the V22 Osprey, space- education. I have highlighted $30 bil- Weapons of Mass Destruction Team, based weapons and other unnecessary lion in unnecessary defense spending, knows well that the National Guard is and wasteful programs. and this money can be immediately in- a unique repository of expertise with vested in education for our children. A capabilities of response to weapons of b 1230 thorough review of the Pentagon budg- mass destruction, chemical, biological, I believe we should cancel the na- et would likely reveal another $30 bil- or radiological events, events that are tional missile defense, a savings of $8.9 lion in defense waste and unnecessary far beyond the capabilities of most ci- billion, because it reduces our security programs. vilian units even in our major cities. here at home, it steals money for more Today only 12 percent of the 17 mil- They certainly exceed the capabilities effective security options, and because lion low-income children eligible for that our States have to fund and train it will not work as promised, it leaves child care subsidies receives assistance. such teams at this point in time; yet us more vulnerable. Only 23 percent of all families with we would all admit that a very real National missile defense does not children younger than 6 have one par- threat exists, and we are spending a work. It has failed three tests that ent working and one parent staying at tremendous amount of time around the

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.015 H08PT1 H6300 CONGRESSIONAL RECORD — HOUSE July 8, 2003 world attempting to prevent such at- tance of this facility both for the U.S. the support of the chairman and the tacks on our country. But if the worst and the Commonwealth of Puerto Rico. ranking member. As I have spoken to should happen, we are going to need To address this issue, I have two them, my position and the position of these teams, and we are going to need amendments that will permit the nor- Puerto Rico is we do not want the base more than we have. The Congress has mal process of Congress and the Base to be closed because we think it is im- authorized 55, but at this point, as I un- Closure Commission to take place. My portant for Puerto Rico and it is im- derstand it, 27 are fully operational, first amendment will simply strike portant for the U.S. But if that is the and another 5 are in training, and yet Section 8125. Thus, if the criteria of final decision, then, as with any other there are 23 that have not yet received BRAC finds Roosevelt Roads to deserve bases that have been closed, we need funding. closure, then it will take place, but the support of Congress, we need a My intention with this amendment Congress, as with all other bases, will package, and we need special consider- was to push the Congress to make a remain out of the process. The eco- ation to the possibility of transferring difficult choice between a weapons sys- nomic benefits of Roosevelt Roads esti- the lands to the Commonwealth of tem and these teams. We have to make mated by the Navy to be $300 million Puerto Rico and to the municipality of difficult choices around here in the per year will continue to accrue. Ceiba. Actually the mayor of Ceiba, hopes that we can move forward. Mr. MURTHA. Mr. Chairman, will Gerardo Cruz, is here, and also the sen- Mr. MURTHA. Mr. Chairman, will the gentleman yield? ator from that district in Puerto Rico the gentleman yield? Mr. ACEVEDO-VILA´ . I yield to the Juan Cancel Alegria is here because Mr. DEFAZIO. I yield to the gen- gentleman from Pennsylvania. this is really a main concern in that tleman from Oregon. Mr. MURTHA. Mr. Chairman, the area. Unemployment is very high in Mr. MURTHA. Mr. Chairman, the gentleman has talked to me, and I have the eastern part of Puerto Rico. gentleman talked to me, and I have talked to the chairman about this So if, based on the gentlemen’s state- talked to the chairman, and we are cer- issue. This is a very delicate issue. We ments, if we can work this out in con- tainly going to work something out. had the same situation in Philadelphia ference, again my position is we want We were disappointed we did not have a couple years ago when they closed to keep the base open, but if it is going more requests for more teams. As a down the Navy yard there. The Navy to be closed, we need, we need some matter of fact, as the gentleman men- insists it needs the personnel. They are clear language from Congress that we tioned, we started this 12 to 13 years. very short. They are overly committed are going to get an economic develop- The National Guard fought it initially, all over the world, and they need these ment package for that area and that but now they see the importance. We 3,000 people in other places. the possibility of those lands be trans- think every State should have these, I have to say to the gentleman he is ferred to the Government of Puerto and we hope we can work out four or actually better off with it going with Rico and the municipality of Ceiba are five more times in this legislation. the appropriation process where we going to be part of that discussion. Mr. DEFAZIO. Mr. Chairman, I thank could work with him trying to help Mr. LEWIS of California. Mr. Chair- the gentleman and the chairman, too, solve some of the problems that they man, will the gentleman yield? because I think they both recognize a have in Puerto Rico when they close Mr. ACEVEDO-VILA´ . I yield to the critical need. I know there are difficult down a base. For instance, we have gentleman from California. choices to be made, and I am very done it in San Francisco. We have done Mr. LEWIS of California. Mr. Chair- hopeful that we will come back from it in other parts of California. We did it man, I repeat to the gentleman that I conference with the Senate with the in Philadelphia. We did it in Texas. very much appreciate his forthright additional teams funded, and I think And we are very aware of the economic discussion of this matter. I know of the that that would be a tremendous asset disruption, and if the gentleman would potential difficulty that could be faced, to the protection of the American peo- withdraw his amendment, we will cer- but I want the gentleman to know that ple. tainly work with him. And it is going we are very committed to working Mr. Chairman, I ask unanimous con- to take some time because we probably with him to carefully see that this very sent to withdraw the amendment. have to make a visit to Puerto Rico potentially valuable property is used The CHAIRMAN. Is there objection and see exactly what we are talking for the best interest of people of Puerto to the request of the gentleman from about. Rico. Our experience with base closing Oregon? One of the big problems we have, would suggest there is a variety in mix There was no objection. some of this equipment, when they of approaches that might very well be AMENDMENT OFFERED BY MR. ACEVEDO-VILA´ knew they were going to close down, do taken, and we look forward to giving ´ Mr. ACEVEDO-VILA. Mr. Chairman, not take care of it. So we need to see him all the support that we possibly I offer an amendment. what really needs to be done. can. The Clerk read as follows: But the gentleman can be assured we Mr. ACEVEDO-VILA´ . Mr. Chairman, Amendment offered by Mr. ACEVEDO-VILA´ : will do everything we can to help him. I thank the gentleman for that com- Page 115, beginning line 20, strike section If this works its way through the en- mitment. 8125 relating to closure of Naval Station tire Congress and the conference, we I include the following letters for the Roosevelt Roads, Puerto Rico. will do everything we can to help him. RECORD: Mr. LEWIS of California. Mr. Chair- Mr. LEWIS of California. Mr. Chair- HOUSE OF REPRESENTATIVES man, I reserve a point of order on the man, will the gentleman yield? Washington, DC, June 23, 2003. amendment. Mr. ACEVEDO-VILA´ . I yield to the Mrs. CONNIE PATRICK, Mr. ACEVEDO-VILA´ . Mr. Chairman, gentleman from California. Director, Federal Law Enforcement Training I rise in regard to Section 8125 of this Mr. LEWIS of California. Mr. Chair- Center, FLETC Glynco Facility, Glynco, bill which will arbitrarily close Naval man, I certainly would agree with the GA. Station Roosevelt Roads in Ceiba, statement made by my colleague from DEAR DIRECTOR PATRICK: I recently became Puerto Rico. I have been aware that Pennsylvania. As the gentleman and I aware of reports on the effects of increased federal law enforcement training needs. As this facility could be closed and pre- discussed on an earlier occasion, it is was noted in Roll Call on June 2, 2003, De- sume that any such closure will occur our intention to work very closely with partment of Homeland Security law enforce- through the 2005 base realignment clo- the Delegate to see that every step is ment training needs have increased and as a sure process. I was, therefore, surprised taken to make certain that the people result, other agencies such as the U.S. Cap- and dismayed to find language in this of Puerto Rico have all the flexibility itol Police, may be required to conduct appropriations bill authorizing the clo- they possibly can have to maximize the training a federal facilities other than the sure of Roosevelt Roads. I believe that potential of this potentially very valu- Federal Law Enforcement Training Center in this provision violates the standard able property, and one that could pro- Glynco, GA. Rather than address this issue on an agency-by-agency basis, I believe that procedures of Congress by legislating vide a great stimulus for their econ- such trends indicate a new FLETC training on an appropriations bill, that it arbi- omy. facilities. trarily circumvents the 2005 BRAC Mr. ACEVEDO-VILA´ . Mr. Chairman, The FLETC facilities at Charleston, SC process, and that it neglects the impor- reclaiming my time, I really appreciate and Cheltenham, MD are located at former

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.018 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6301 military sites. Such a transfer of govern- vides ready access and other advantages that The CHAIRMAN. Is there objection ment property from one agency to another should be fully utilized. I suggest the fol- to the request of the gentleman from serves valuable purposes, such as the elimi- lowing language be considered by the Com- Puerto Rico? nation of land acquisition and plant con- mittee in order to prevent underutilization There was no objection. struction costs and maintaining benefits to of a strategic military facility when we can the local economy. For these reasons, I en- least afford to make such a mistake. AMENDMENT OFFERED BY MS. BORDALLO courage you to consider the possibility of lo- ‘‘Therefore the Committee directs the Sec- Ms. BORDALLO. Mr. Chairman, I cating any future FLETC facilities at Naval retary of Defense, in consultation with the offer an amendment. Station Roosevelt Roads (NSRR), Puerto Department of Homeland Security, the De- The Clerk read as follows: Rico. partment of Transportation and the Depart- Amendment offered by Ms. BORDALLO: NSRR is currently home to Atlantic Fleet ment of Justice to conduct an audit of ongo- Add at the end (before the short title) the Weapons Training Facility, however, many ing operations in Puerto Rico and report to following new section: of the military commands located at NSRR the Committee on Appropriations what steps SEC. ll. None of the funds appropriated are being downsized, relocated, or eliminated may be necessary to maximize the use of ex- or otherwise made available by this Act may with the recent closure of the Vieques train- isting infrastructure and what additional in- be used to overhaul, repair, or maintain in a ing range. Such ongoing changes will lead to vestments may be necessary to meet the shipyard outside the United States or Guam excess buildings, land and other infrastruc- operational needs of the agencies involved.’’ any naval vessel that has no designated ture. Located a short distance from San I appreciate your consideration of this re- homeport and is located in an area of respon- Juan, NSRR’s assets include numerous build- quest and remain available to discuss this sibility of the Unified Combatant Command ings, dormitories and classrooms, a modern matter with you at your convenience. encompassing a United States or Guam ship- aviation runway, marine berthing facilities, Sincerely, yard. firing ranges, communication facilities, ANI´BAL ACEVEDO-VILA´ , among others. It is my belief that these Resident Commissioner, Mr. LEWIS of California. Mr. Chair- plant assets, coupled with the downsizing of Member of Congress. man, I reserve a point of order on the NSRR, could enable FLETC to make high gentlewoman’s amendment. use of this facility for federal law enforce- HOUSE OF REPRESENTATIVES, ment training. Further, NSRR could also be Washington, DC, April 4, 2003. b 1245 a suitable facility for the training of inter- Hon. HAROLD ROGERS, Ms. BORDALLO. Mr. Chairman, I national law enforcement personnel, particu- Chairman, Subcommittee on Homeland Security rise today to request that the House Appropriations, Rayburn House Office larly those form the Caribbean and Latin take action to ensure that Military America. Building, Washington, DC. I would appreciate the opportunity to meet DEAR CHAIRMAN ROGERS: I write to respect- Sealift Command vessels, known as and discuss with you FLETC’s future needs fully request that you include in the Home- MSC vessels, are repaired in American and the opportunities that NSRR may afford land Security Appropriations Act for FY 2004 shipyards. This would ensure that the our nation’s future law enforcement officers. a feasibility study regarding the potential money we appropriate here today is Please contact me to determine a time that for Department of Homeland Security facili- used to not only ‘‘buy American,’’ but I could meet with you or an associate of ties to be situated at Naval Station Roo- to ‘‘repair American’’ as well. yours to discuss these issues. sevelt Roads, Puerto Rico (NSRR). Naval Station Roosevelt Roads, a 31,000+ You would think that if anything Sincerely, would be repaired in the USA, it would ANI´BAL ACEVEDO-VILA´ acre naval base located at the eastern end of Resident Commissioner, Puerto Rico, contains 1200 buildings with be our naval fleet procured with tax- Member of Congress. over 4.6 million square feet of space. In addi- payer funds. Unfortunately, the Mili- tion to myriad naval assets, this facility also tary Sealift Command thwarts the will HOUSE OF REPRESENTATIVES, houses the Special Operations Headquarters of Congress by exploiting a loophole in Washington, DC, March 27, 2003. for the U.S. Southern Command. By virtue of the current law to designate its vessels these facilities, NSRR provides a secure lo- Hon. JOE KNOLLENBERG, as having no home port. The MSC then Subcommittee on Military Construction, Ray- cation, secure communications networks, and a domestic, forward-deployed location to repairs the vessels in foreign ship re- burn House Office Building, Washington, pair facilities in places such as Singa- DC. the U.S. government. Essential DHS func- DEAR CHAIRMAN KNOLLENBERG: During con- tions, such as border and maritime security, pore and Korea. Such repair work is sideration of Military Construction Appro- customs enforcement and counter-terrorism done without regard to American priations for fiscal year 2004, I respectfully could be suitably located at NSRR, and health, labor and environmental stand- request that the Subcommittee include lan- would permit a high-degree of coordination ards. Using foreign ports runs counter guage that calls for a thorough evaluation of between DHS and the armed forces. NSRR’s to force protection requirements fol- the military facilities in Puerto Rico, in- position in the Caribbean is vital due to the growing threat of terrorist groups in Central lowing the October 12, 2000, terrorist cluding facilities at Naval Station Roosevelt attack on the USS Cole. Roads (NSRR). This evaluation should in- and South America, drug trafficking to the clude what excess infrastructure currently U.S. from the Caribbean and South and Cen- Mr. MURTHA. Mr. Chairman, will exists and what will become available once tral America, and the unfortunate possi- the gentlewoman yield? the Navy finishes downsizing at NSRR in bility that experienced drug smugglers could Ms. BORDALLO. I yield to the gen- conjunction with the closure of the Atlantic ferry weapons of mass destruction into the tleman from Pennsylvania. Fleet Weapons Training Facility’s (AFWTF) United States. As the nexus between drug Mr. MURTHA. Mr. Chairman, one of Inner Range trafficking and terrorism emerges, this loca- the problems we have with this amend- The Committee should be aware that Puer- tion can further aid in the interdiction of ment is it should be in the authoriza- both threats. to Rico has a longstanding and impressive tion bill rather than our bill. But at history of military commitment and sac- In order to examine the benefits that rifice with the U.S. I am concerned that the NSRR may provide to the DHS, I suggest any rate, it would really be very dif- difficult environmental and safety issues that the following language be considered by ficult for us to apply something like surrounding the AFWTF inner range have the Committee: this. overshadowed this ongoing commitment by ‘‘The Committee directs the Secretary of I understand what the gentlewoman Puerto Ricans. Furthermore, Congress can- the Department of Homeland Security, in is trying to do, but I would hope that consultation with the Department of De- not let this issue hamper our ability to effec- the gentlewoman would withdraw this tively take on the numerous challenges we fense, the Department of Justice and the De- partment of Transportation to conduct a fea- amendment and let us see what we can face, including: the war on terror abroad and work out, because we have a lot of here in the Western Hemisphere; efforts to sibility study to determine the possible ben- wage war on drugs; to provide for Special Op- efits of locating facilities of the Department ‘‘buy American’’ provisions. This is erations training and missions; and to proof Homeland Security at Naval Station Roo- kind of a new wrinkle to it. But we vide the best facilities and preparedness for sevelt Roads, Puerto Rico.’’ have an awful lot of operational prob- I appreciate your consideration of this re- homeland security. I feel that should NSRR lems that we might run into if we pro- quest. Should you have any questions, please in particular not be fully utilized to meet do not hesitate to contact me or my staff, hibited some of these things from being numerous security threats, that indeed our Eric Lausten, at 225–2615. done. preparedness could well be undermined. For instance, I remember the Roberts An ongoing military presence at NSRR Sincerely, ´ ´ was first taken into a port in Dubai, I during these uncertain global conditions of- ANIBAL ACEVEDO-VILA, fers numerous opportunities beyond the tra- Resident Commissioner. think it was, and then we finally ditional naval presence at NSRR. Puerto Member of Congress. shipped it back to the United States. Rico’s strategic location in the Caribbean Mr. Chairman, I ask unanimous con- But I think we need some more time to along with significant base capabilities pro- sent to withdraw my amendment. look at this. I appreciate your

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.028 H08PT1 H6302 CONGRESSIONAL RECORD — HOUSE July 8, 2003 thoughts, and I know we will work flexibility we need to give him the as- 1995. Through these rounds, we saw the with you trying to come up with some- surance and employees the assurance BRAC commission’s result in the clos- thing. they need so we can go forward in a ing of over 450 military installations of Ms. BORDALLO. Mr. Chairman, re- positive way. various size, mission and stature in the claiming my time, I understand, and I Mr. INSLEE. Mr. Chairman, reclaim- United States. would be very willing to work with the ing my time, I appreciate those com- Nearly everyone currently involved gentleman concerning this situation ments, and will look forward to work- in this process agrees that all the low- with the MSC ships. I look forward to ing with the gentleman, because we do hanging fruit have already been picked. working with you to resolve this. not obviously want to go back to those Yet the current administration suc- Mr. Chairman, I ask unanimous con- bad old days of nepotism and poor per- ceeded in enacting another round for sent to withdraw my amendment. I will formance and political selection. I look 2005 following the horrific events of work with the gentleman from Penn- forward to working with the gentleman September 11, 2001. On December 28, sylvania (Mr. MURTHA) on the matter. to get an honest, reasonable bill. 2001, just a little more than 3 months The CHAIRMAN. Is there objection Mr. Chairman, I ask unanimous con- after those deadly attacks, and 3 days to the request of the gentlewoman sent to withdraw my amendment. after Christmas, the President signed from Guam? The CHAIRMAN. Is there objection into law the FY 2002 defense authoriza- There was no objection. to the request of the gentleman from tion bill, which included the BRAC au- AMENDMENT OFFERED BY MR. INSLEE Washington? thorization provision at his request. Mr. INSLEE. Mr. Chairman, I offer There was no objection. The administration seems to sin- an amendment. AMENDMENT OFFERED BY MR. HOSTETTLER cerely believe there is a 20 to 25 percent The Clerk read as follows: Mr. HOSTETTLER. Mr. Chairman, I excess military infrastructure, and the Amendment offered by Mr. INSLEE: offer an amendment. administration has a laudable goal of At the end of the bill (before the short The Clerk read as follows: title), insert the following: finding additional savings in the de- SEC. . None of the funds made available Amendment offered by Mr. HOSTETTLER: fense budget to free up funds for pro- in this Act may be used to suspend, modify, Insert at the end, before the short title, the curement and new weapons systems. or waive any provision of law under chapter following new section: SEC. ll. None of the funds made available Specifically, the Department of De- 43, 71, 75, or 77 of title 5, United States Code, fense claims that it could save as much or any regulations promulgated under those by this Act may be used to carry out sec- provisions of law. tions 2912, 2913, and 2914 of the Defense Base as $6.6 billion per year with an addi- Mr. LEWIS of California. Mr. Chair- Closure and Realignment Act of 1990 (part A tional round of base closures. But there man, I reserve a point of order against of title XXIX of Public Law 101–510; 10 U.S.C. are many reasons to question both the 2687 note) related to the 2005 round of base Department’s rationale and its esti- the amendment. closures and realignments. The CHAIRMAN. The gentleman re- mates. serves a point of order. Mr. LEWIS of California. Mr. Chair- First, this Congress deserves to know Mr. INSLEE. Mr. Chairman, our man, I reserve a point of order against the details about the suggested excess amendment would ensure that no funds the amendment. capacity. Is it 20 percent? 25 percent? 23 would be used essentially to alter our The CHAIRMAN. The gentleman re- percent? The 5 percent difference is not existing civilian personnel system for serves a point of order. insignificant, particularly when you the proud men and women who are ci- (Mr. HOSTETTLER asked and was are talking about the hundreds of U.S. vilian employees of our defense system. given permission to revise and extend military bases. And where is that ex- This basically is a response to the his remarks.) cess capacity exactly? Mr. HOSTETTLER. Mr. Chairman, I work we are now doing in an attempt Furthermore, DOD estimates that it to find a reasonable and protective re- rise today to offer an amendment to the FY 2004 Defense Appropriations Act eliminated 71,000 Federal civilian jobs form package that originally left the and 39,800 military positions in the House as H.R. 1588. We are concerned that would prohibit any funds in this act from being used to carry out activi- past four BRAC rounds. Unfortunately, that the language of that bill, if in fact no one could give me an estimate of it would be implemented, would sub- ties in 2004 related to the next round of Base Realignment and Closure, or how many of those jobs were trans- stantially degrade our protections of ferred to private contractors still paid our civilian employees who are doing BRAC, currently authorized to take place in 2005. through DOD contracts. Eliminating workman-like work. military positions, only to replace Basically, we had concerns about The purpose is to put a hold on the implementation of BRAC-related ac- them with private contractors, raises that bill because it was overly broad doubts about any potential savings. and was really a rushed approach to ci- tivities until Congress and the Depart- vilian systems, but we are also trou- ment of Defense can get a better han- Regarding the estimated savings bled by a lack of explicit protections dle on the expected savings, antici- from additional base closures, I must for fundamental worker rights. Cur- pated force structure and infrastruc- advise the House of an April 2002 Gov- rently, the bill has a lack of protection ture changes, and the actual need for ernment Accounting Office, GAO, re- for true collective bargaining, a lack of additional closures. port that indicates the previous four a real right of fair appeals, a lack of As many of my colleagues know, in base closure rounds have produced a adequate overtime and weekend com- 2001, the Defense Department testified net savings of $16.7 billion through FY pensation, preference for veterans and to Congress that it has 20 to 25 percent 2001. GAO, however, admits that these equal pay for equal work. excess physical capacity that must be are the Defense Department’s numbers Mr. LEWIS of California. Mr. Chair- eliminated, so the President’s fiscal and that they could not be independ- man, will the gentleman yield? 2002 budget proposal to Congress re- ently verified because DOD’s account- Mr. INSLEE. I yield to the gen- quested authorization to carry out an- ing systems are not oriented to identi- tleman from California. other round of base closures. fying and tracking savings. Mr. LEWIS of California. Mr. Chair- As part of the FY 2002 Defense Au- GAO further noted that the esti- man, I appreciate the gentleman’s thorization Act, the Senate authorized mates do not include a cumulative $1.5 yielding. a BRAC round to take place in 2005. billion cost incurred by the Federal Let me mention that the gentleman The House specifically refused to in- Government to assist communities af- and I have had a chance to discuss this, clude any such BRAC authorization in fected by the closure process or $3.5 bil- and I am aware of his concerns. The its version of the bill, but this body did lion in environmental costs expected gentleman and I have very similar con- agree to the Senate’s BRAC provision beyond FY 2001. Because the BRAC sav- cerns in this arena. when it passed the conference report to ings estimates cannot be supported by Frankly, I would hope that, if the the FY 2002 authorization bill. real data, the GAO report had to affirm gentleman withdraw this amendment, To date, we have gone through four the DOD numbers, while characterizing we will have a chance to discuss it fur- different rounds of military base clo- the savings as ‘‘imprecise and rough ther and try to provide the kind of sure process, in 1989, 1991, 1993, and approximations.’’

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.024 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6303 The Members of this body need to un- Mr. LEWIS of California. I yield to able human right, and the prohibition derstand that when Defense Depart- the gentleman from Washington. of torture is a basic principle of inter- ment officials talk about so-called sav- The CHAIRMAN. Does the gentleman national human rights law. This prohi- ings from a BRAC round, they are not from California still reserve his point bition is absolute and allows no excep- talking about real cost savings. Most of order? tions.’’ Finally, as the General Counsel of the so-called cost savings are actu- Mr. LEWIS of California. Mr. Chair- to the Defense Department William ally cost avoidances. man, I withdraw my point of order. Haynes wrote to Senator LEAHY re- DOD also claims that it needs sav- Mr. DICKS. Mr. Chairman, I thank cently, ‘‘The United States does not ings from BRAC to fund new weapons the gentleman for yielding. permit, tolerate, or condone any such systems in support of the military Mr. Chairman, it is true that it does torture by its employees under any cir- transformation. However, the first few cost a substantial amount of money in cumstances.’’ years of a BRAC round requires hun- the first few years; but there is no Mr. Chairman, I think the record is dreds of millions of dollars in upfront question that, long-term, billions and very clear on the U.S. position in re- investments costs. This includes up- billions of dollars have been saved be- gards to the use of torture, and, there- front costs for new military construc- cause of the BRACs we have had in the fore, I will not pursue an amendment tion, for relocated troops and families, past. So I think we should move for- at this time. I thank my colleagues for new MILCON dollars for realigned mis- ward on this, and it would be wrong to their patience. Mr. LEWIS of California. Mr. Chair- sions, new money for environmental do it in this bill. It would be an author- man, I move that the Committee do restoration and base conveyance proce- ization matter. I think it is a mistake, now rise. dures. and I support the chairman in his oppo- The motion was agreed to. To complicate the problem, DOD still sition to the amendment. Accordingly, the Committee rose; does not have solid data on costs of en- Mr. LEWIS of California. Mr. Chair- and the Speaker pro tempore (Mr. TOM vironmental clean up. Our current in- man, reclaiming my time, I very DAVIS of Virginia) having assumed the formation indicates that environ- strongly oppose the amendment. chair, Mr. CAMP, Chairman of the Com- mental clean-up costs have exceeded Mr. Chairman, I yield back the bal- mittee of the Whole House on the State $10 billion, and the estimated environ- ance of my time. of the Union, reported that that Com- mental costs beyond 2001 rose from $2.4 The CHAIRMAN. The question is on mittee, having had under consideration billion in 1999 to $3.5 billion as stated the amendment offered by the gen- the bill (H.R. 2658) making appropria- in last year’s GAO report on purported tleman from Indiana (Mr. tions for the Department of Defense for BRAC savings. HOSTETTLER). the fiscal year ending September 30, Deputy Under Secretary of Defense The question was taken; and the 2004, and for other purposes, had come for Installations and Environment, Ray Chairman announced that the noes ap- to no resolution thereon. DuBois, summed it up well when he peared to have it. f told the DOD Roundtable in December Mr. HOSTETTLER. Mr. Chairman, I 2002 the following: ‘‘The excess capac- demand a recorded vote; and pending ANNOUNCEMENT BY THE SPEAKER ity statistic, which the Secretary and that, I make the point of order that a PRO TEMPORE others, including myself, have referred quorum is not present. The SPEAKER pro tempore (Mr. to, is based on a 1998 capacity utiliza- The CHAIRMAN. Pursuant to clause CAMP). Pursuant to clause 8 of rule XX, tion study. It is true that there is ex- 6 of rule XVIII, further proceedings on the Chair will postpone further process capacity in some range of 20 to 25 the amendment offered by the gen- ceedings today on motions to suspend percent, but that is a clumsy number tleman from Indiana (Mr. HOSTETTLER) the rules on which a recorded vote or insofar as it is an aggregate number.’’ will be postponed. the yeas and nays are ordered, or on He goes on to say: ‘‘Remember that The point of no quorum is considered which the vote is objected to under BRAC is not inexpensive. BRAC will withdrawn. clause 6 of rule XX. probably end up costing the Depart- Mr. CARDIN. Mr. Chairman, I move Record votes on postponed questions ment of Defense, over a 4- to 6-year pe- to strike the last word. will be taken after 6:30 p.m. today. riod, depending upon how large the Mr. Chairman, I had intended to offer f BRAC is, depending upon how much ca- an amendment that would have re- REGARDING THE ACTUARIAL pacity you are reducing, and by defini- stated the policy of our country VALUE OF PRESCRIPTION DRUG tion, how much you are realigning it, against the use of torture. The reason BENEFITS OFFERED TO MEDI- it could cost 10 to $20 billion over that that I was going to offer that amend- CARE ELIGIBLE ENROLLEES BY period of time.’’ ment is that I do represent this body in A PLAN UNDER FEDERAL EM- Mr. Chairman, I ask for my col- the Commission on Security and Co- PLOYEES HEALTH BENEFITS leagues to support the amendment to operation in Europe; and in many of PROGRAM limit the funding for BRAC in this ap- our meetings, the issue of the use of propriations bill. Mr. TOM DAVIS of Virginia. Mr. torture has been raised, particularly in Speaker, I move to suspend the rules Mr. LEWIS of California. Mr. Chair- light of our war against terrorism. I man, I rise to very briefly oppose this and pass the bill (H.R. 2631) to provide might tell you there have also been that the actuarial value of the pre- amendment. press accounts recently that call into Mr. Chairman, this is appropriately scription drug benefits offered to Medi- question the use of torture in regards care eligible enrollees by a plan under an item that should be a part of the au- to the campaign against terrorism. the Federal employees health benefits thorization process. It is my under- However, Mr. Chairman, I think the program shall be at least equal to the standing at the subcommittee level President of the United States, along actuarial value of the prescription drug there was support for this proposal and with the representatives from the benefits offered by such plan to its en- there was a decision at the full com- State Department and Defense Depart- rollees generally. mittee to turn that around, and the au- ment, have made it very clear on the The Clerk read as follows: thorizing committee has spoken in U.S. policy in this regard. H.R. 2631 terms of this question. b 1300 Be it enacted by the Senate and House of Rep- It is, in my judgment, poor policy on resentatives of the United States of America in the part of the Committee on Appro- Let me just point out that on June Congress assembled, priations, going through the back door 26, the International Day in Support of SECTION 1. NEGOTIATIONS BY THE OFFICE OF by limiting appropriations to essen- the Victims of Torture, President Bush PERSONNEL MANAGEMENT. tially undo what is the policy in the declared that ‘‘Torture anywhere is an (a) IN GENERAL.—Section 8902 of title 5, existing law, a policy which has not affront to human dignity everywhere.’’ United States Code, is amended by adding at the end the following: been changed by the authorizing com- He observed that ‘‘Freedom from tor- ‘‘(p)(1) A contract may not be made or a mittee. ture is an inalienable human right.’’ plan approved which does not offer to Medi- Mr. DICKS. Mr. Chairman, will the The State Department also noted that care eligible enrollees prescription drug ben- gentleman yield? ‘‘Freedom from torture is an inalien- efits the actuarial value of which is at least

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.028 H08PT1 H6304 CONGRESSIONAL RECORD — HOUSE July 8, 2003 equal to the actuarial value of the prescrip- For example, current Federal em- President. Both measures would re- tion drug benefits which are offered to en- ployees are allowed to deduct their quire senior citizens to buy an auxil- rollees under the plan generally. health insurance premiums from iary prescription plan, whereas all 188 ‘‘(2) For purposes of this subsection, the pretax dollars, but Federal retirees are plans offered to Federal employees in- Director of the Office of Personnel Manage- ment shall establish processes and methods not. I look at this issue from an em- clude drug coverage, and at far more for determining the actuarial value of pre- ployer’s perspective. Remember: In ad- generous reimbursement rates.’’ scription drug benefits.’’. dition to the large number of retirees To remedy this, H.R. 2631 would (b) EFFECTIVE DATE.—The amendment already in FEHBP, 50 percent of the maintain prescription drug parity be- made by subsection (a) shall apply with re- Federal workforce is eligible for retire- tween Medicare-eligible retirees en- spect to contract years beginning after the ment in the next several years. With rolled in the FEHB program, and active date of enactment of this Act. H.R. 2631, we are telling the people that duty Federal employees and retirees. It The SPEAKER pro tempore. Pursu- we are going to live up to our end of provides that the prescription drug ant to the rule, the gentleman from the bargain. We are saying that with benefit offered to Medicare-eligible en- Virginia (Mr. TOM DAVIS) and the gen- regard to prescription drug benefits, rollees by a plan under the FEHB pro- tleman from Illinois (Mr. DAVIS) each Federal retirees will continue to be gram be at least equal to the prescrip- will control 20 minutes. placed on par with current employees, tion drug benefits offered by such a The Chair recognizes the gentleman that OPM will not reduce their benefits plan to its enrollees generally. from Virginia (Mr. TOM DAVIS). as opposed to the benefit offered to cur- This is obviously a good bill for Fed- GENERAL LEAVE rent employees. eral employees, but it also sheds light Mr. TOM DAVIS of Virginia. Mr. In crafting H.R. 2631, I thought it was on what a bad bill the Medicare pre- Speaker, I ask unanimous consent that important to continue to allow OPM as scription drug benefit is for the rest of all Members may have 5 legislative much flexibility as possible in negoti- America. days within which to revise and extend ating future prescription drug benefits. Mr. Speaker, I urge Members to support this legislation and similar legis- their remarks on the bill under consid- And for the record, Senator AKAKA, my eration. colleague in the other body, has offered lation for the rest of America’s seniors. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Is there similar legislation on the other side of my time. objection to the request of the gen- the Capitol. Thus, H.R. 2631 does not tleman from Virginia? Mr. TOM DAVIS of Virginia. Mr. require OPM to offer a specific dollar Speaker, I yield such time as she may There was no objection. amount of coverage that has to be Mr. TOM DAVIS of Virginia. Mr. consume to the gentlewoman from Vir- maintained; they can raise or they can ginia (Mrs. JO ANN DAVIS), chairwoman Speaker, I yield myself such time as I lower benefits as they see fit through may consume. of the Subcommittee on Civil Service. negotiations with individual plans, but Mrs. JO ANN DAVIS of Virginia. Mr. Mr. Speaker, last week the House they have to do it for all FEHBP en- passed H.R. 1, the Medicare Prescrip- Speaker, I rise today in strong support rollees to treat them the same, regard- of H.R. 2631, a bill that has a simple, tion Drug and Modernization Act. Part less of their age. In essence, we are yet powerful, purpose: to protect the of this bill recognizes and seeks to ad- simply telling OPM to continue to do health benefits of our valued Federal dress one of the core concerns regard- what they have always done. retirees. I am proud to be an original ing adding a prescription drug benefit Mr. Speaker, in closing, I believe cosponsor of this legislation, along to Medicare; that is, with the imple- H.R. 2631 sends an important message with my distinguished colleagues from mentation of such a benefit, lead em- to both Federal retirees and current the Commonwealth of Virginia. ployers who currently offer prescrip- Federal employees. It will be a helpful One of the hallmarks of Federal serv- tion drug coverage to their employees tool in our efforts to build and retain ice has been the government’s commit- to stop doing so. Obviously, we do not an effective Federal workforce and give ment to providing health care for its want to put a government entitlement these employees a career path and re- retired employees, those public serv- plan into operation and drive the pri- tirement they can depend on. There- ants who dedicated their professional vate plans out of existence, or the costs fore, I urge all Members to support the careers to protecting our shores, fight- over the long term to the taxpayers passage of H.R. 2631. ing disease, keeping our air and water will go off the charts. Mr. Speaker, I reserve the balance of clean, and upholding the laws of the The bill addressed these concerns by my time. land. We not only owe them our providing subsidies to private employ- Mr. DAVIS of Illinois. Mr. Speaker, I thanks, we owe it to them to keep our ers and unions to encourage them to yield myself such time as I may con- commitments. maintain prescription drug benefits for sume. As the chairwoman of the House their retirees. With the help of the gen- Mr. Speaker, the bill before us today, Committee on Government Reform tleman from California (Chairman H.R. 2631, was crafted to ensure that Subcommittee on Civil Service, I want THOMAS), we were able to clarify that legislation expanding Medicare will not to thank the gentleman from Virginia the Office of Personnel Management reduce prescription drug benefits for (Chairman TOM DAVIS) for sponsoring would also be eligible for these sub- Federal retirees enrolled in the Federal this legislation and thank the leader- sidies, something that I believe will Employees Health Benefits Program. ship for allowing us to bring this im- lead to lower FEHBP premiums for all While I support this legislation because portant bill to the floor so quickly. enrollees. However, I think it is nec- it shields Federal employees from the H.R. 2631 guarantees that Federal re- essary for us to go one step further. illusive drug benefit in the Medicare tirees will have a prescription drug Coming from northern Virginia, I proposal, the reality is it leaves mil- benefit that is equal in value to the one represent over 50,000 Federal employees lions of others unprotected. provided to active Federal employees. and retirees. As chairman of the House Federal annuitants are worried, and This legislation fulfills the promise of Committee on Government Reform, I they should be. They are worried be- the Federal Government not to elimi- am responsible for issues pertaining to cause they see something in the gov- nate prescription drug coverage to its Federal workers and retirees, along ernment’s subsidized Medicare pre- retirees once a prescription drug ben- with the gentlewoman from Virginia scription drug benefit that they do not efit is also available through Medicare, (Mrs. JO ANN DAVIS), the chairwoman like, and with good reason. This past which the U.S. House of Representa- of the Subcommittee on Civil Service. Sunday The Washington Post reported tives has wisely decided to add. Thus, not only am I acutely aware of that despite the Bush administration’s This bill also ensures that there is no the challenges the Federal Government proclamations, and I am quoting, ‘‘The difference between the total amount of faces as an employer to recruit and re- reality is that the two Medicare drug coverage offered to active employees tain quality employees, I am also very bills passed by the House and the other and the coverage available to retirees. aware that Federal retirees are somebody do not come close to providing This is an important equity, one that times treated differently than current the level of coverage given to the 8.5 we want to maintain. employees in ways that are not always million Federal workers, including I want to emphasize that this legisla- equitable. lawmakers, White House staff, and the tion does not diminish the Office of

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.009 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6305 Personnel Management’s authority to b 1315 ployee Health Benefits Program, which negotiate health care benefits for Fed- That is a very real possibility that covers President Bush, Vice President eral employees, but assures that drug makes the bill that is before us right CHENEY, and Members of Congress and benefits will still be available for retir- now necessary. But what about those others. Right now the plans offer drug ees. retirees in the same situation that this coverage for retired Members of Con- Finally, this is a case of the Federal bill does not help? Federal retirees de- gress and other Federal employees Government leading by example. If the serve to have adequate prescription equal to the drug coverage these plans U.S. Government were to cut benefits drug coverage. They deserve to keep offer current employees. This bill puts for its retirees, why would we expect the benefits they have, but so do the this policy in law, requiring drug cov- the private sector to act any dif- rest of America’s seniors and disabled erage for Federal employees must be equal to coverage for current employ- ferently? people. We should live up to the rhet- I thank the gentleman from Virginia ees. oric and make the Medicare benefit a This bill was introduced the day the (Chairman DAVIS) for bringing this leg- good one: simple, comprehensive, cer- House passed the Republican Medicare islation to the floor, and I urge passage tain, and affordable. It should truly be prescription drug bill. It is clear that of H.R. 2631. as good as what Federal employees this bill is meant to ensure that Mem- Mr. DAVIS of Illinois. Mr. Speaker, have and Members of Congress have. bers of Congress, this is where I am it is my pleasure to yield 3 minutes to The drug benefit in the Republican puzzled, Members of Congress do not the gentleman from California (Mr. Medicare bill fails that test. That is have to live under the Republican WAXMAN), the ranking member of the the tragedy that that bill that is now Medicare privatization plan. That is Committee on Government Reform. before us highlights today. why I am puzzled. If it is good enough Mr. WAXMAN. Mr. Speaker, I thank Mr. TOM DAVIS of Virginia. Mr. for Congress, it is good enough for sen- the gentleman for yielding me this Speaker, I yield such time as he may iors of this Nation. That is what Presi- time. consume to the gentleman from Vir- dent Bush said in Michigan in January Mr. Speaker, I support the legislation ginia (Mr. WOLF), a co-sponsor of this about H.R. 1, his Medicare prescription that is before us today for one simple legislation and a leader in the fight for drug plan. reason: Federal retirees deserve an ade- Federal employees’ rights. In his statement of administrative quate prescription drug benefit just Mr. WOLF. Mr. Speaker, I rise to ex- policy on H.R. 1, the White House like all America’s seniors do. Without press my strong support for H.R. 2631 praised the Republican drug plan say- the protections of the bill before us, and am pleased to be an original co- ing it was just like the coverage that they face the possibility of losing what sponsor. Before I make my comments, Members of Congress get. That is they have got. I want to particularly thank the gen- where I am getting stuck, trying to fig- But let us be clear: This legislation is tleman from Virginia (Mr. TOM DAVIS) ure out why the gentleman from Vir- necessary because the prescription for his efforts. ginia (Mr. TOM DAVIS) has brought this Those who followed this debate drug benefit for Medicare beneficiaries bill to the floor. If the Republican know, through the colloquy that took that was forced through the House by Medicare bill offers drug coverage just place on the floor last week, the gen- the Republican majority is inadequate like Members of Congress have and as tleman from Virginia’s (Mr. TOM and unresponsive to the needs of Amer- President Bush says, then why do we DAVIS) efforts with regard to this; and ica’s seniors and disabled persons. The have to protect Members of Congress I think every Federal retiree and Fed- President and House Republicans like and Federal employees from being eral employee will be very very grate- to defend that bill by saying America’s forced into the Republican privatized ful for that. So I want the gentleman seniors deserve the same coverage that Medicare plan? I just do not get it. from Virginia to know that I appre- Members of Congress and the Federal The majority leader of the other ciate it, as they will also. workforce get, but nothing could make body who runs that place and the lead- Mr. Speaker, this bill is necessary to it clearer that their Medicare bill fails er on this side, both said the Medicare clarify the intent of H.R. 1, the Medi- miserably to meet that test. The drug Republican bills would accomplish the care Prescription Drug Bill, which the benefit our Republican colleagues are goal of giving health care security to House passed on June 27. H.R. 2631 willing to give Medicare beneficiaries seniors. But if the Republican drug would ensure prescription drug parity is filled with features that will be plan provides real health care security, between retirees enrolled in the Fed- laughed out of the room if they were H.R. 1, why do we have to exempt eral Employees Health Benefit Pro- suggested for Federal employees. Members of Congress and other Federal gram, FEHBP, who are eligible for employees from the bill that the gen- The Medicare bill contains large gaps Medicare, and other Federal employees in coverage, like the so-called donut tleman from Virginia (Mr. TOM DAVIS) in the FEHBP. It is vital to pass this and other Republicans rammed hole, where beneficiaries have no cov- legislation to make sure that the bill erage for their drug expenses. Once through this Congress recently? now moving through Congress to ex- The gentleman from California (Mr. they have $2,000 in drug costs, coverage tend Medicare will not reduce prescrip- THOMAS), the chairman of the Com- stops. Beneficiaries are stuck with the tion drug benefits for Federal retirees mittee on Ways and Means, said the next $2,900 in costs, and maybe more. enrolled in FEHBP. Federal employees Republican drug plan uses private Oh, they get to pay premiums for cov- in their retirement must be assured plans to compete to provide bene- erage during that time. They just pay that the commitment will be kept that ficiaries better care at lower costs. It is for nothing, because the program gives their drug benefit will remain un- confusing. Why do we need this plan them no help, and whether coverage changed and they will not be forced to when Congress is exempting itself from ever starts up again is uncertain. It pay additional costs for prescription what Congress did only 2 weeks ago? I will be a catastrophic situation for drugs. They deserve that commitment hope that my friends on the other side many of our seniors. from Congress. would explain that. The hypocrisy of claiming that Medi- I urge all Members to vote for this bi- Mr. TOM DAVIS of Virginia. Mr. care beneficiaries deserve what the partisan legislation to protect retired Speaker, I yield myself such time as I Federal employees health program has, and active duty Federal employees. may consume. and then give a prescription drug ben- Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, I would like to help the efit that the Republicans pushed yield 2 minutes to the gentleman from gentleman solve the puzzle. The fact of through which is so inferior, it is Ohio (Mr. BROWN). the matter is there are 1.25 million breathtaking. And, to add insult to in- Mr. BROWN of Ohio. Mr. Speaker, I Medicare-eligible Federal employees jury, the Medicare benefit is designed thank the gentleman from Illinois (Mr. and annuitants. Only 388 retired Mem- so that any help from an employer re- DAVIS) for yielding me time. bers of Congress are in FEHBP. The duces Medicare coverage. That leads to Mr. Speaker, I rise in support of H.R. majority of retired Members of Con- the likelihood that employers will drop 2631, but I am just puzzled by this. I gress do not even take FEHBP. They drug coverage for their retirees and guess I must be missing something. are in other plans or have opted out of make people worse off. This bill concerns the Federal Em- this.

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The fact is they are eligible for that an attempt to save money will reduce (Mr. TOM DAVIS) has 91⁄2 minutes re- by virtue of their service here. This or eliminate their prescription drug maining. The gentleman from Illinois legislation was not crafted by Members coverage once a benefit is available (Mr. DAVIS) has 101⁄2 minutes remain- looking after themselves. It was craft- through Medicare. In passing H.R. 1, we ing. ed with the help of the National Asso- called upon employers to maintain Mr. TOM DAVIS of Virginia. Mr. ciation of Retired Federal Employees. that coverage it offers to retirees, and Speaker, I yield 3 minutes to the gen- It was difficult to write out the 388 re- the Federal Government has an obliga- tleman from Virginia (Mr. MORAN). tired Members who happen to use this, tion to lead by example and ensure Mr. MORAN of Virginia. Mr. Speak- which is a minority of the retired that Federal retirees continue to reer, I thank the gentleman for yielding Members. Most Members do not use ceive the same prescription drug ben- me the time. I rise in support of this FEHBP. I want to clarify for the gen- efit as current employees. So H.R. 2631 bill. And I am sure it will pass with tleman that in no way, shape or form does just that. near-unanimous support, because under was this for Members. In fact, this was It is the right thing to do, and I urge this bill no plan on the Federal Em- called to our attention by the National my colleagues to support this bill. ployee Health Benefits Plan could be Association of Retired Federal Em- Mr. DAVIS of Illinois. Mr. Speaker, I approved that has a prescription drug ployees. I do not know any other way yield 2 minutes to the gentleman from benefit for retirees that is lesser in ac- to get at the problem. Maine (Mr. ALLEN). tuarial value than the existing pre- Mr. BROWN of Ohio. Mr. Speaker, Mr. ALLEN. Mr. Speaker, I thank scription drug benefit. will the gentleman yield? the gentleman from Illinois (Mr. This legislation represents the com- Mr. TOM DAVIS of Virginia. I yield DAVIS) for yielding me time. mitment of the Federal Government to the gentleman from Ohio. Mr. Speaker, the gentleman from not to reduce dues or eliminate pre- Mr. BROWN of Ohio. Mr. Speaker, Ohio (Mr. BROWN) said he was puzzled scription drug coverage to its retirees my friend sits on the Committee on by this bill, but I am not so puzzled. It once prescription drug coverage is also Energy and Commerce where this bill seems to me quite clear that the one available through Medicare. One of the was heard. I just heard over and over thing that our Federal retirees were core concerns with the Medicare pre- people saying that we wanted to give, right to be concerned once the Repub- scription drug benefit has always been under the Republican drug plan that lican prescription drug bill had passed that, in the attempt to provide for passed 2 weeks ago by one vote, that this House, they were right to be con- those without coverage, we would take we wanted to give the same coverage to cerned that they might some day have from those with coverage. The Congres- seniors as FEHBPs. Are you saying to live under those prescription drug sional Budget Office has estimated that then that the coverage for Federal re- benefits which do not even come close one-third of retired employees with tirees is significantly better than the to the benefits that they have today. employer-sponsored drug coverage coverage that you are providing or that So it does make sense that as soon as could lose it as a result of the Medicare this House provided under H.R. 1, the the Republican prescription drug bill prescription drug bill that passed 2 Republican Medicare prescription drug was passed that Federal retirees would weeks ago. Currently, there is no dif- plan? get worried and Members would come ferent prescription drug benefit for re- Mr. TOM DAVIS of Virginia. Mr. down here and say, boy, one thing we tirees than is available for current em- Speaker, all it does is ensures that sure do not want to have is to have our ployees. Our bill simply seeks to main- Federal retirees will be treated the Federal retirees forced to participate tain that dynamic. same as current Federal employees in in the Republican prescription drug bill We do not want the total amount of regard to the Federal Employee Health that we just passed. coverage offered to Federal retirees re- Benefit plan. Currently, they are not in Now, one of the reasons that this is duced for the reason that they could some areas. The feeling is that with happening so fast, and it is happening simply opt for the Medicare plan alone. this other plan, that retirees could fast, the Republican bill passed by one This is an issue with the Federal Gov- have a different benefit program and vote here in the House. A bill has ernment leading by example. If the that creates some difficulty. So we are passed in the other body, but we do not Federal Government cuts its benefits trying to even this up and give that as- even have a conference. We do not for its retirees, how can we expect pri- surance. know what the final product will be vate employers to do anything but fol- Most Members of Congress do not opt like. But we know this: it will not be low our lead? H.R. 2631 does not tie for FEHBP. That is what the record good for America’s seniors. It will not OPM’s hands in the negotiating process shows after this is done. So that is kind be good for those Medicare bene- by requiring that they provide a plan of a misnomer. It is a small percentage ficiaries who are counting on getting of a certain dollar value. OPM can still that ends up in FEHBP when they re- some relief from the high cost of pre- negotiate higher or lower levels of ben- tire. A few do, I grant to the gen- scription drugs. efits, but they simply cannot target re- tleman; but that is not the purpose. The Republican bills are a disaster, a tirees alone for reduced benefits. Mr. Speaker, I yield 2 minutes to the looming disaster for our Medicare The Federal Employees Health Bene- gentleman from Pennsylvania (Mr. beneficiaries; but they also fall far fits Plan has always led the way in set- MURPHY). short of what Federal retirees are like- ting the example for employer-spon- Mr. MURPHY. Mr. Speaker, I rise in ly to expect. Because under the FEHBP sored health care. It should have been support of H.R. 2631. Today, about 76 program we have today, there are no the standard for the Medicare prescrip- percent of seniors have some form of additional premiums for drug benefits. tion drug plan, but Federal retirees prescription drug coverage; and less There is no deductible. There is a small should not lose benefits because it was than 2 weeks ago the House passed his- co-payment. There is no gap in cov- not. That is the point that many peo- torical legislation, H.R. 1, to create a erage, and that is different from the ple have been making. But they should prescription drug benefit for our sen- Republican bills passed here in the certainly not vote against this bill as a iors. House. This bill may make some sense result. There is nothing wrong with Mr. Speaker, when we passed H.R. 1, for Federal retirees; but the question this bill. This bill clarifies what the we did not intend to create a new Fed- remains, if it is good enough for Mem- policy is and should be, and for that eral benefit that would replace the pre- bers of Congress and Federal employ- reason we should all vote for this bill. scription drug benefits that many of ees, it ought to be good enough for Mr. DAVIS of Illinois. Mr. Speaker, I our seniors today already enjoy. H.R. 1 Medicare beneficiaries. That is what yield 2 minutes to the gentleman from does contain a number of incentives to the President said, but the Republican New Jersey (Mr. PALLONE). employers to maintain their existing bill does not keep that promise. Mr. PALLONE. Mr. Speaker, I kept level of health care coverage to their Mr. TOM DAVIS of Virginia. Mr. hearing my Republican colleagues talk senior retirees. But I personally heard Speaker, how much time remains on about parity for Federal employees; from several constituents of mine, re- each side? and I support this billing as well, be- tired Federal workers, who are con- The SPEAKER pro tempore (Mr. cause I do believe that Federal retirees cerned that the Federal Government in CAMP). The gentleman from Virginia should have good prescription drug

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.035 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6307 benefits. But it is not an issue of par- the fact that we did not want to drive tween $2,000 and $5,000, for that $3,000 ity. It is an issue of hypocrisy, hypoc- private programs out of existence. hit on your wallet, sorry, you are not risy because the Republicans say that Should we drive the 60 percent of sen- going to get any help from Uncle Sam. they want to preserve a generous pre- iors that are currently satisfied with And my colleagues think that is a scription drug benefit for Federal retir- their prescription drug program out of square deal? I mean, with all due re- ees, but at the same time they were existence, then the Federal Govern- spect to the effort behind this bill, it not willing to provide it for the other ment ends up picking up the total tab, does not meet the laugh test, as far as seniors around the country. and the cost rises significantly. I am concerned. If the majority party The bottom line is that the Medicare We are setting an example with this in this House wants to be considered a prescription drug benefit that the Re- legislation that we are, in fact, making serious legislative force on this issue, publicans have proposed both in this sure that the FEHBP program is not they will pull this bill from the floor House and the other House is no real driven out of existence; that we main- and bring it back when they can also benefit. It is a meaningless benefit. It tain the parity it has always had with bring back to the floor a bill with a de- is not generous enough that anybody existing Federal employees. And this cent, sustainable, consistent, reliable, would even sign up for it. program ought not be diminished. It is affordable benefit under Medicare for b 1330 the same thing that we have all seniors for prescription drug costs. Until that happens, do not ask me to And they wanted to make sure that incentivized in the program passed 2 weeks ago by the subsidies that are in vote for a special insider deal for Mem- the Federal retirees do not get stuck bers of Congress. That is what this bill being forced into that Medicare system that program as well. Mr. Speaker, I reserve the balance of does. that they have proposed, which essen- my time. Mr. TOM DAVIS of Virginia. Mr. tially gives an almost worthless pre- Mr. DAVIS of Illinois. Mr. Speaker, I Speaker, I yield myself such time as I scription drug benefit to most seniors. yield 3 minutes to the gentleman from may consume, and let me just say in Well, there is a lot of hypocrisy saying Wisconsin (Mr. OBEY), the ranking all candor that we have 1.25 million you want to preserve it for the Mem- member of the Committee on Appro- FEHBP employees covered by this, bers of Congress, for the President, and priations. with 388 former Members of Congress. for Federal retirees, but not give it to Mr. OBEY. Mr. Speaker, I thank the The vast majority of former Members seniors in general. do not even sign up for FEHBP, those There was an article in today’s New gentleman very much for yielding me this time. who would be eligible for the plan York Times that had a little grid, and passed by this body 2 weeks ago, and do it talked about how Federal retirees’ Mr. Speaker, I cannot believe this bill is here, and I want to make clear not even use FEHBP, which is a more drug benefits stacked up with those comprehensive option for retired Fed- under the Medicare prescription drug that while I certainly do not object to the effort to insulate Federal employ- eral employees, including Members of plan the Republicans have proposed for Congress. So this really has nothing to the rest of the seniors. And guess what? ees from negative retirement actions, if there is a rollcall on this bill, I would do with Members of Congress. Average premium for Federal employ- The other question I pose is, why, ees, nothing. No additional premium vote ‘‘no.’’ And the reason is because I think this bill demonstrates a rampant when my colleagues on the other side for drug benefits. But in the Senate of the aisle controlled this body for 40 bill, $35 a month, or $420 a year; in the double standard. As I understand it, last week in the years, did they not bring up any pre- House, $35 a month. What about the description drug benefit plan before this ductible? For Federal retirees, no de- prescription drug bill debate that we had on this floor, the majority party in body for a vote? We have passed plans ductible. But in the Senate bill, for the now the last 3 years, only this time has rest of the seniors, $275; in the House essence told seniors, ‘‘Have we got a deal for you. We are going to set it up the Senate passed a plan as well, and bill, $250. What about gap in coverage? we are giving meaningful relief to sen- For Federal retirees, no gap in cov- so that you are going to be able to get the same benefits as your Member of iors who want it. It is a voluntary plan. erage, but then there are major gaps in It is not a perfect plan by any means, the Senate bill, $4,500 to $5,800 a year; Congress.’’ And now what are you saying this week? You are bringing a bill but it is within the budget limitations in the House bill, $2,000 to $4,900 a year. passed by this Congress. Their plan was up that says to your future retiring In fact, there is a statement that for outside the budget limitations. Member of Congress, ‘‘Have we got a the most popular plan among Federal I think we have to get real. I think workers, Blue Cross/Blue Shield, the deal for you. It is going to be a special we have a good deal for Americans in Congressional Research Service esti- deal. You are going to be able to make the plan that we passed 2 weeks ago. As mates that drug benefits under the sure that when you retire, you will we work with the Senate, we will try to plan are worth 50 percent more than have better prescription drug benefits refine it and make it better. I think the proposed Republican bill. than that poor sucker on Medicare.’’ this legislation today makes it better Hypocrisy, not parity. Give the same That is what you are telling people, as well, recognizing that as we look at benefits to the rest of the seniors. That and I do not happen to think that is a our Federal workforce, trying to make is the fair thing to do. very straightforward way to deal with sure we have the right incentives to at- Mr. TOM DAVIS of Virginia. Mr. our constituents. tract and retain the best and the Speaker, I yield myself such time as I I understand what the committee brightest to fight for homeland secu- may consume to respond that The New wants to do to protect Federal employ- rity, to fight the battles for this coun- York Times chart is absolutely wrong ees. I would be very happy to vote for try, to develop cures for cancer, that when it says Federal employees have this bill once the majority party brings we are treating our employees well. no deductible for their prescription back to this floor a decent deal on pre- So I am very proud to support this drug coverage. What they get is, they scription drugs for every other Amer- legislation. I think it enhances and get a set amount of dollars, and it is a ican, but not under these cir- goes with the underlying theme of the cafeteria style. They can spend it on cumstances, not under these cir- legislation passed 2 weeks ago, and prescription drugs, preventive care, cumstances. that is we do not want to drive current HMOs or whatever. So there is cer- Right now, if you are a Federal em- prescription drug benefit plans out of tainly a cost to that. But the way the ployee, if you are a Member of Con- existence, which, if we do not pass this, system is set up, it is a total health gress, if you belong to the Blue Cross we will be setting a terrible example care program. plan, you get 80 percent of your cost here at the Federal level. So when the gentleman gets up and paid for for prescription drugs basi- Mr. Speaker, I reserve the balance of quotes this New York Times article, it cally. But what do you say to seniors my time. is entirely misleading. Of course there under that turkey of a prescription Mr. DAVIS of Illinois. Mr. Speaker, I is a cost to Federal employees opting drug bill you passed last week? What yield 2 minutes to the gentleman from for that over something else. you say is, oh, we will help you pay up Ohio (Mr. STRICKLAND). The other underlying part of the bill to $2,000, but, boy, if you get stuck Mr. STRICKLAND. Mr. Speaker, I that this body passed 2 weeks ago is with drug costs that are somewhere be- am here to expose the hypocrisy of my

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.037 H08PT1 H6308 CONGRESSIONAL RECORD — HOUSE July 8, 2003 Republican colleagues. The previous scription drug benefit under the Repub- good enough for Federal employees and speaker just said that this bill has lican-passed bill. It will be a lot less Members of Congress alike, it should be good nothing to do with current Members of expensive, but it will be much less a enough for seniors. Congress. Well, we will just wait and benefit, in fact, a very inadequate ben- That’s a great message and I’m sure it sells see. efit, for those retirees. well with seniors. Unfortunately, their rhetoric Over on the Senate side, Senator That leads me, however, to say that fails to match the reality. The drug benefit they DAYTON successfully offered an amend- we should oppose the bill that the Re- are willing to provide to Medicare beneficiaries ment to the Medicare prescription bill publicans passed for the Medicare pre- is far less than the drug benefit provided to to ensure that no Member of Congress scription drug benefit and make sure Federal employees. would receive a better prescription that we pass a really decent prescrip- We’ve been trying to expose this hypocrisy drug benefit than that which is in- tion drug benefit for all Medicare bene- for months. Today, the Republicans point out cluded in the Medicare bill. And guess ficiaries. That is not to say that we the truth themselves. what? It passed, 93 to 3. And Roll Call ought to leave our Federal retired em- This bill, authored by Representative TOM reported the following hypocrisy. Ac- ployees without the protections that DAVIS, requires that each health plan in cording to Roll Call, indeed, many Re- we promised them, which is that they FEHBP agree to provide the same drug bene- publicans, 50 of whom helped add the would have the health care plans that fits to Federal retirees as they do to active Dayton provision to the Senate version they paid into during their working employees. of the Medicare bill this week, ac- years available to them as retirees. In other words, it protects Federal employ- knowledged that they were told by So I commend my Democratic col- ees from ever having their retiree drug bene- their leaders to vote for the Dayton leagues for their pointing out the hy- fits reduced to the level that the bill’s author amendment with the understanding pocrisy, and I support what they have just supported for the rest of our nation’s retir- that it would not show up in the final to say, but urge, however, that we ees! version of the legislation. adopt this bill because we do not want Representative DAVIS represents an awful That is hypocrisy. What is good to be against Federal retirees. But in lot of Federal employees and he knows that enough for America’s senior citizens is doing that, we certainly need to ac- the Medicare drug benefit is inadequate. good enough for those of us who serve knowledge that the reason we are pass- Therefore, he’s here today—the very first leg- in this Chamber. I am circulating a let- ing this legislation is because the pre- islative day we are back in session after hav- ter to the Speaker, and I am asking all scription drug bill for Medicare that ing passed the Republican Medicare drug Members of this House to sign this let- was passed by the House is so filled bill—to get a fix for his constituents and him- ter in support of the Dayton amend- with holes and so inadequate. self. ment. If this House, if this Congress Mr. TOM DAVIS of Virginia. Mr. If the Republican drug bill was as good a does not support the Dayton amend- Speaker, I yield myself such time as I benefit as Federal employees and Member of ment, we are little more than hypo- may consume to say two things. This Congress receive, Representative TOM DAVIS crites. If this language is stripped from vaunted Senate bill that passed a cou- and others would not be here today ensuring the conference report, it can only mean ple of weeks ago, Senator AKAKA has that Federal employees are never forced to that Members of Congress believe that also offered legislation in the Senate give up their FEHBP coverage and find them- they deserve better health coverage for their legislation as well. I think selves with only the Medicare drug benefit his than the seniors they represent. whatever happens under whoever’s bill party has legislated. America’s seniors are watching us, that passes, we want to ensure that we But, the Medicare drug benefit isn’t as good. and I hope my Republican colleagues do not get that separation between the That’s why they’re here. Unfortunately, they are ignoring the prob- will sign my letter to the gentleman retired Federal employees and current lems that will be faced by the millions of sen- from Illinois (Mr. HASTERT), and I hope employees in their health benefit pre- iors and people with disabilities who are not all of my Democratic colleagues will miums, and that is what this bill is Federal employees or Members of Congress. sign my letter in support of the Dayton about. The Congressional Budget Office has told We had a spirited debate 2 weeks ago amendment. We ought not to do for us that if the Republican Drug Bill becomes on a health benefit plan, and I do not ourselves what we are unwilling to do law, one-third of employers will drop their rethink we need to continue to air this for America’s senior citizens. It is as tiree drug coverage. That will cause millions of today. But I think this is good legisla- simple as that. And to do less is to be Americans to lose the coverage they have tion, it is good protection for our re- hypocritical. today only to be replaced with the inadequate Mr. TOM DAVIS of Virginia. Mr. tired Federal employees, and I urge my benefit put forth by the Republicans. Yet, noth- Speaker, I reserve the balance of my colleagues to support this legislation ing in this bill will help them. time. and thank them for the bipartisan sup- Put frankly, we can’t buy a health plan in Mr. DAVIS of Illinois. Mr. Speaker, I port this bill is getting today. FEHBP with as poor drug coverage as is in- yield 1 minute to the gentleman from Mr. Speaker, I reserve the balance of cluded in the Republican Medicare prescrip- California (Mr. WAXMAN). my time. tion drug bill that was passed last week. Mr. WAXMAN. Mr. Speaker, I thank Mr. DAVIS of Illinois. Mr. Speaker, I Rather than protect us from having to suffer the gentleman for yielding me this yield myself such time as I may con- with inadequate coverage with the rest of time. I think the points that have been sume. I think we have heard a great America’s seniors, we should be considering a made by some of my Democratic col- deal of debate, and we understand the bill that guarantees all America’s seniors and leagues about the impact of the bill merits of this legislation. It is unfortu- people with disabilities with a drug benefit as passed when we were last in session to nate we did not have a bill last week good as Members of Congress get. cover prescription drugs for seniors is a that would have covered all of the sen- Unfortunately, Republicans refuse to go point well taken. That bill is inad- iors looking for relief under Medicare. along with that. equate, and the reason we are passing I certainly agree that we do not want Mr. DAVIS of Illinois. Mr. Speaker, I this legislation is that we want to pro- Federal retirees to be at risk for giving yield back the balance of my time. tect retired Federal employees. up what they have already got, and so Mr. TOM DAVIS of Virginia. Mr. Well, we do want to protect them, I would agree with my colleagues that Speaker, I yield back the balance of but we have to protect them because we should support this legislation to my time. we passed a Medicare prescription drug make sure that our Federal retirees The SPEAKER pro tempore (Mr. bill that will give incentives for em- maintain the benefits they have al- TERRY). The question is on the motion ployers, public and private, to drop in- ready received. offered by the gentleman from Virginia surance coverage for their retirees for Mr. STARK. Mr. Speaker, we’ve heard the (Mr. TOM DAVIS) that the House sus- prescription drugs. What in effect we President, Republican Members of Congress, pend the rules and pass the bill, H.R. are saying is we do not want Federal Administration officials, and Republican Sen- 2631. retirees to face the plight that other ators claim time and time again that their The question was taken; and (two- seniors are going to face when they are Medicare prescription drug plan will provide thirds having voted in favor thereof) retired and their employers decide to seniors with the same choices as Members of the rules were suspended and the bill let them go get their Medicare pre- Congress get. They’ve said that if FEHBP is was passed.

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.039 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6309 A motion to reconsider was laid on college graduation, he enrolled in the director and general counsel for the the table. Washburn School of Law and received a Senate Committee on Veterans Affairs f law degree in February, 1940. from 1977 until 1982. He practiced law After he was admitted to the bar, he until his death in 1998. b 1345 entered into public service for the first He was obviously a person who spent GARNER E. SHRIVER POST OFFICE time by enlisting in the U.S. Navy. He all of his life working from one career BUILDING spent 3 years as an officer in the Navy; to another career doing outstandingly and after being honorably discharged, well in each and every one of them. I Mr. TOM DAVIS of Virginia. Mr. he chose to run for public office. He think the designation, or the naming, Speaker, I move to suspend the rules was elected to the Kansas State House of a postal facility in his honor is ap- and pass the bill (H.R. 1761) to des- where he served 2 terms. In 1951, he left propriate and serves as an indication of ignate the facility of the United States the State House to run successfully for the tremendous legacy of service that Postal Service located at 9350 East Cor- the Kansas Senate, which he served he left. I urge swift passage of this bill. porate Hill Drive in Wichita, Kansas, from 1953 to 1960. Finally, in the fall of Mr. Speaker, I yield back the balance as the ‘‘Garner E. Shriver Post Office 1960, the voters of the Fourth Congres- of my time. Building’’. sional District of Kansas sent Garner Mr. TOM DAVIS of Virginia. Mr. The Clerk read as follows: E. Shriver to Washington for the first Speaker, I yield such time as he may H.R. 1761 of 8 distinguished terms in the House of consume to the gentleman from Kansas Be it enacted by the Senate and House of Rep- Representatives. (Mr. TIAHRT), the author of this legisla- resentatives of the United States of America in In Congress, he was an influential tion. Congress assembled, member of the Committee on Appro- Mr. TIAHRT. Mr. Speaker, I rise SECTION 1. GARNER E. SHRIVER POST OFFICE priations. He accomplished much dur- today to honor a former Member of BUILDING. this distinguished body, the late Con- ing his 16 years in the House, but he (a) DESIGNATION.—The facility of the gressman Garner E. Shriver. Congress- fought extra hard for his fellow vet- United States Postal Service located at 9350 man Shriver was born July 6, 1912, in erans, particularly working to secure East Corporate Hill Drive in Wichita, Kan- the small Butler County town of sas, shall be known and designated as the health and education benefits for his Towanda, Kansas. His family later ‘‘Garner E. Shriver Post Office Building’’. peers when they completed their duties moved to Wichita in 1925 where he at- (b) REFERENCES.—Any reference in a law, with the U.S. Armed Forces. tended public schools and graduated map, regulation, document, paper, or other Moreover, even when he left the from Wichita East. He remained in record of the United States to the facility re- House in 1977, he stayed in Washington ferred to in subsection (a) shall be deemed to Wichita to receive his undergraduate to fight for veterans by moving a few be a reference to the Garner E. Shriver Post degree from the University of Wichita, blocks north and becoming the staff di- Office Building. now Wichita State University, in 1934. rector for the Committee on Veterans The SPEAKER pro tempore (Mr. Today his congressional papers are Affairs. He worked in the Senate for 5 TERRY). Pursuant to the rule, the gen- kept in the Ablah Library at Wichita years before returning home to Kansas tleman from Virginia (Mr. TOM DAVIS) State. in 1982 to practice law. and the gentleman from Illinois (Mr. In 1940, he graduated from Washburn Garner E. Shriver passed away on DAVIS) each will control 20 minutes. University School of Law in Topeka, March 1, 1998, at the age of 85. He was The Chair recognizes the gentleman Kansas. He put himself both through a remarkable American who succeeded from Virginia (Mr. TOM DAVIS). undergraduate and law school by work- at everything he tried in life, and I ing odd jobs, including serving as a GENERAL LEAVE know the citizens of Kansas still feel Mr. TOM DAVIS of Virginia. Mr. doorman. very grateful to him for his years of In 1941, Garner Shriver married Mar- Speaker, I ask unanimous consent that dedication. Congressman Shriver pre- tha Jane Currier, his wife for the next all Members may have 5 legislative ceded the gentleman from Kansas (Mr. 50 years of his life. However, before he days within which to revise and extend TIAHRT) as the representative of the and Martha had a chance to begin rais- their remarks on H.R. 1761. fourth district, and I congratulate my ing a family, World War II pulled him The SPEAKER pro tempore. Is there colleague for his work on this measure. away from home. Mr. Shriver enlisted objection to the request of the gen- I urge all Members to support the in the Navy; and after 10 months, he re- tleman from Virginia? passage of H.R. 1761 that honors the life ceived a commission as lieutenant, There was no objection. and service of Congressman Garner E. leaving the Navy after 3 years as an of- Mr. TOM DAVIS of Virginia. Mr. Shriver. ficer. At the end of the war, Lieutenant Speaker, I yield myself such time as I Mr. Speaker, I reserve the balance of Shriver found himself commanding a may consume. my time. boat group in the Pacific for the Navy. Mr. Speaker, H.R. 1761, introduced by Mr. DAVIS of Illinois. Mr. Speaker, I Not long after the war effort ended, the gentleman from Kansas (Mr. yield myself such time as I may con- Mr. Shriver made his first attempt at TIAHRT), designates the facility of the sume. elected office. In 1946, he ran for the United States Postal Service located at Mr. Speaker, I am pleased to join Kansas House of Representatives. He 9350 East Corporate Hill Drive in Wich- with the chairman of the Committee entered the race because, as he said, he ita, Kansas, as the Garner E. Shriver on Government Reform in consider- felt he did not have anything to lose. Post Office Building. All members of ation of H.R. 1761, which designates the Representative Shriver etched out a the Kansas congressional delegation facility of the United States Postal victory by a slim margin of only 222 have cosponsored this legislation. Service located at 9350 East Corporate votes. And so began the long and dis- Garner Shriver represented the Hill Drive in Wichita, Kansas, as the tinguished career of a great Kansas Fourth Congressional District of Kan- Garner E. Shriver Post Office Building, statesman. sas in this House for 8 terms, from 1961 which was introduced by the gen- After serving 2 terms in the Kansas to 1977. He was a lifelong resident of tleman from Kansas (Mr. TIAHRT) on House, Representative Shriver had the Sunflower State; he spent nearly April 10, 2003. The bill has been cospon- greater ambitions and was elected to his entire adult life working for other sored by the entire Kansas delegation. the Kansas State Senate where he Kansas residents, first as the State leg- Garner E. Shriver served in both the served for two 4-year terms. During his islator and later as a U.S. Representa- Kansas House of Representatives and 12 years of service in the Kansas legis- tive. This legislation is a fitting com- the State Senate before being elected lature, he championed many worth- memoration of his service to his home to represent the Fourth Congressional while causes, including education for State and to the entire Nation. District of Kansas. Reelected seven handicapped and mentally challenged Mr. Speaker, Garner Shriver was times, Representative Shriver served children, keeping reckless drivers off born in Towanda, Kansas, July 6, 1912. on the House Committee on Appropria- the highways, creating the Kansas He and his family moved to Wichita in tions. He left the House in 1977 and State Park Authority, important flood 1925, and he graduated from the Univer- went to the United States Senate control legislation, and setting up the sity of Wichita in 1934. Following his where he served as the minority staff 4–H livestock show.

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.041 H08PT1 H6310 CONGRESSIONAL RECORD — HOUSE July 8, 2003 In 1960, he left State politics to run the United States post office at 9350 Garner Shriver rose to be the ranking Re- for Congress. Winning what was char- East Corporate Hill Drive in Wichita, publican on the House Appropriations Foreign acterized as ‘‘a very spirited race,’’ Kansas; and this is an especially appro- Operations Subcommittee; he also was one of Garner Shriver became the new Rep- priate location to designate the Garner the original appointees to the House Budget resentative of the Fourth Congres- E. Shriver Post Office Building. Committee upon its establishment. Low key sional District. At that time, the dis- Mr. TOM DAVIS of Virginia. Mr. and moderately conservative, he was an ac- trict included Sedwick and 14 other Speaker, I yield myself such time as I tive supporter of medical benefits for World counties which are considered to be may consume. War II veterans and for combat pay for Viet- heavily Democratic. Congressman I commend the gentleman from Kan- nam-era servicemembers. Early in his career, Shriver went on to win eight consecu- sas (Mr. TIAHRT) for introducing this he served on a House subcommittee that tive races before losing in a narrow de- legislation. Garner E. Shriver during originated the Civil Rights Act of 1964; his feat of 3,200 votes in 1976 to former his years in Congress lived in Lake family still treasures one of the pens used by Congressman and former Secretary of Barcroft, which is the community I President Johnson in signing the measure into Agriculture Dan Glickman. live in and represent in Congress. He law. As the Whichita Eagle’s obituary put it, During his 16 years in Congress, Mr. was a good family man and neighbor Garner Shriver ‘‘embraced politics, seeing Shriver became an influential voice on there as well. This is a fitting com- public service as a mandate for living a truly significant issues of the day, including memoration for a very distinguished Christian life.’’ As the Shriver family’s minister health care and education benefits for statesman, and I urge all of my col- and eulogist at his funeral, the Reverend our Nation’s veterans, as well as land- leagues to support adoption of this George Gardner said, ‘‘Garner Shriver was al- mark civil rights legislation. Congress- measure. ways mindful of the people. They were not his man Shriver served on the committee Mr. MOORE. Mr. Speaker, I am pleased to people but God’s people. And he thought they that drafted the Civil Rights Act of join with the rest of the Kansas congressional must be served with generosity, kindness and 1964. His family is very proud of the delegation in supporting H.R. 1761, which will compassion.’’ Follwing his defeat in 1976, Shriver re- fact that they have one of the pens designate a post office in Wichita, KS, as the mained in Washington, DC, until 1982, work- President Lyndon Johnson used to sign ‘‘Garner E. Shriver Post Office.’’ ing as the Senate Veterans’ Affairs Commit- the historic legislation into law. As a Kansas native, who was raised in tee’s minority staff director and general coun- While Congressman Shriver worked Wichita, I well remember Congressman Gar- sel. After concluding that service, he returned on various issues of national concern ner Shriver. My father, Warner Moore, served to private law practice in Wichita, where he during his time, he was a relentless ad- as Sedgwick County Attorney in the 1950s and was the Democratic nominee in 1958 for dead in 1998. vocate of his constituents back in Kan- Mr. Speaker, it is fitting that we come to- the congressional seat later held by Shriver. sas. As a senior member of the Com- gether today to commemorate the life and My father came within less than 2,400 votes of mittee on Appropriations, Representa- service of Garner Shriver with the naming of defeating Representative Edward Rees, who tive Shriver was in a unique position to this post Office. As Reverend Gardner said at protect the vital interests of the fourth had held the seat since first being elected in his funeral, ‘‘Garner Shriver came to us with district of Kansas and the State of 1936. Two years later, Representative Rees energy and compassion and from his life we Kansas. retired, and my father lost a very close primary were called to a higher standard of principle. When Representative Shriver left battle with William Robinson, who was de- In him, we saw the value of public service as Congress in 1977, he was ranking mem- feated for the open seat by Garner Shriver, he revealed to us the great privilege of living ber of the Committee on Appropria- who won with a margin of over 22,000 votes. in America.’’ tions Subcommittee on Foreign Oper- Garner Shriver served as a U.S. Represent- Mr. TOM DAVIS of Virginia. Mr. ations and third ranking Republican on ative for 16 years. He was born in Towanda, Speaker, I have no further requests for the full committee. In that important KS, in 1912; his family moved to Wichita in time, and I yield back the balance of capacity, Congressman Shriver was 1925. He graduated from University of Wichita my time. able to make sure Kansas was never in 1934; after postgraduate study at the Uni- The SPEAKER pro tempore. The overlooked during the Federal budget versity of Southern California, he graduated question is on the motion offered by process. from Washburn University School of Law in the gentleman from Virginia (Mr. TOM Although he left the House in 1977, he 1940. The following year, he married Martha DAVIS) that the House suspend the did not leave Congress. He moved over Jane Currier, who would be his wife for 56 rules and pass the bill, H.R. 1761. to the Senate and served as minority years—they had three children: Kay, David, The question was taken. staff director and general counsel for and Linda. He worked for Fox-Vlient Drug The SPEAKER pro tempore. In the the Senate Veterans Affairs Committee Company of Wichita from 1934–36, and taught opinion of the Chair, two-thirds of until 1982 where he made a significant speech at South Haven High School, of South those present have voted in the affirm- impact on the lives of his fellow vet- Haven, KS, in 1936–37. Shriver joined the ative. erans. Navy at the outset of World War II and served Mr. TOM DAVIS of Virginia. Mr. Upon completion of a near-lifetime of 10 months in the enlisted ranks before being Speaker, on that I demand the yeas public service, Congressman Shriver commissioned as lieutenant, senior grade. He and nays. returned home to Wichita where he was a boat group commander in the Pacific at The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- practiced law and spent the rest of his the end of the war. ant to clause 8 of rule XX and the life alongside his loving and dedicated Shriver agreed to run for the Kansas Legis- Chair’s prior announcement, further wife, Martha Jane, until his death on lature in 1946, because, as his wife was later proceedings on this motion will be March 1, 1998. Garner Shriver is sur- quoted as saying, ‘‘he figures he didn’t have postponed. vived by his wife and three children, anything to lose. When we went to bed that David, Kay and Linda. He also has night, we didn’t know anything about elections. f seven grandchildren and two great We woke up in the morning and he’d won by FRANCISCO A. MARTINEZ FLORES grandchildren. 22 votes.’’ He served two terms in the Kansas POST OFFICE During the nearly 30 years of elected House and two terms in the Kansas Senate Mr. TOM DAVIS of Virginia. Mr. public office, the name of Garner before being elected to the House of Rep- Speaker, I move to suspend the rules Shriver became synonymous with resentatives in 1960. Senator Bob Dole, who and pass the bill (H.R. 2396) to des- Wichita and south central Kansas. was in Shriver’s freshman class of House ignate the facility of the United States Simply put, Garner Shriver was a po- Members, recalled at this funeral that he ‘‘was Postal Service located at 1210 Highland litical giant. I am honored to succeed known as a quiet and effective legislator and Avenue in Duarte, California, as the him as the current fourth district Rep- someone who kept his word. He was an ex- ‘‘Francisco A. Martinez Flores Post Of- resentative, and I am pleased to have emplary husband and father.’’ Former Rep- fice’’. an opportunity to commemorate his resentative Dan Glickman, who defeated The Clerk read as follows: service to our Nation by sponsoring Shriver in 1976, recalled him as ‘‘one how H.R. 2396 this legislation. helped his district and state a lot, while being Be it enacted by the Senate and House of Rep- Mr. Shriver’s beloved wife, Martha very congenial, civilized; not noisy, not polar- resentatives of the United States of America in Jane Shriver, receives her mail from izing.’’ Congress assembled,

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.056 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6311 SECTION 1. FRANCISCO A. MARTINEZ FLORES short one. He represents the best of Ms. SOLIS. Mr. Speaker, I thank our POST OFFICE. what American immigrants bring to ranking member and also the chairman (a) DESIGNATION.—The facility of the this country. I commend the gentle- of the Committee on Government Re- United States Postal Service located at 1210 Highland Avenue in Duarte, California, shall woman from California for introducing form. We just came back from cele- be known and designated as the ‘‘Francisco this bill, that it will appropriately brating July 4, and on that occasion I A. Martinez Flores Post Office’’. honor his sacrifices to our Nation. had the opportunity of attending one of (b) REFERENCES.—Any reference in a law, I want to let all Members know that the local parades in one of my cities, map, regulation, document, paper, or other Lance Corporal Flores was deservingly Rosemead, California. I met four sol- record of the United States to the facility re- granted his U.S. citizenship post- diers that had just returned from Iraq, ferred to in subsection (a) shall be deemed to humously on April 6, right on schedule. about the same age as Francisco Mar- be a reference to the Francisco A. Martinez Therefore, I urge all Members to sup- tinez Flores, and their stories were also Flores Post Office. port the passage of this bill that will heartening and compelling. They came The SPEAKER pro tempore. Pursu- name this post office after Lance Cor- back to their families, and I had a ant to the rule, the gentleman from poral Flores in his hometown. chance to meet them. Virginia (Mr. TOM DAVIS) and the gen- Mr. Speaker, I reserve the balance of Lance Corporal Francisco Martinez tleman from Illinois (Mr. DAVIS) each my time. Flores, a young man of 21 years of age, will control 20 minutes. Mr. DAVIS of Illinois. Mr. Speaker, I did not come back. And people ask me, The Chair recognizes the gentleman yield myself such time as I may con- Congresswoman, why is it that you from Virginia (Mr. TOM DAVIS). sume. want to name a post office after this GENERAL LEAVE Mr. Speaker, H.R. 2396, which des- young man? He was not an elected offi- Mr. TOM DAVIS of Virginia. Mr. ignates the facility of United States cial. He was very young in life and was Speaker, I ask unanimous consent that Postal Service located at 1210 Highland just barely starting out in his own ca- all Members may have 5 legislative Avenue in Duarte, California, as the reer and finding his way. One of the days within which to revise and extend ‘‘Francisco A. Martinez Flores Post Of- things I have to tell the Members is their remarks on H.R. 2396. fice’’ was introduced by the gentle- that what when I read the tragic story The SPEAKER pro tempore. Is there woman from California (Ms. SOLIS) on of his death, one of the first soldiers to objection to the request of the gen- June 9, 2003. The bill has been cospon- die among those in California, I was tleman from Virginia? sored by the entire California delega- very moved, very moved to see his fam- There was no objection. tion. ily and the community of Duarte that Mr. TOM DAVIS of Virginia. Mr. Mr. Speaker, Francisco A. Martinez I now represent in the 32nd Congres- Speaker, I yield myself such time as I Flores was 3 years old when his family sional District come together. I at- may consume. moved from Mexico to California. He tended his funeral where there were Mr. Speaker, this legislation, intro- joined the Marines so that he could go 1,200 people from outside of that city duced by the gentlewoman from Cali- to college. Unfortunately, at the early who came to gather to pay witness to fornia (Ms. SOLIS), designates the facil- age of 21, Lance Corporal Francisco this young man who had served and ity of the United States Postal Service Martinez Flores, who was assigned to given his life. located at 1210 Highland Avenue in the 1st Tank Battalion, 1st Marine Di- As was stated earlier by my col- Duarte, California, as the Francisco A. vision in Twentynine Palms, Cali- leagues, this young man was not origi- Martinez Flores Post Office. All 53 fornia, was killed in Iraq on March 25, nally from the United States. At 3 members of the California delegation 2003. He died when his tank went over years of age, he came to this country have signed on to this bill as cospon- a collapsing bridge and tumbled into with his parents from Guadalajara, sors. the Euphrates River. Mexico, but he attended our local high The story of Lance Corporal Flores is The oldest of four children, Corporal school in Duarte, participated in many one of remarkable courage. Born in Martinez was to have become a citizen activities, extracurricular, football Guadalajara, Mexico, Francisco came of the U.S. in April of this year. Unfor- team and the jazz band. He even want- to the United States with his family at tunately, he died before he could take ed to be a member of our government, the age of 3. His family settled in the the oath of allegiance. He was buried as serving as a police officer. He will community of Duarte, California, east an American after being granted his never get to realize that dream, and I of Los Angeles. He grew up in Duarte, citizenship posthumously. saw that this was an opportunity for us attended Duarte High School where he Mr. Speaker, my heart goes out to to pay tribute to someone like him, was a standout in the jazz band and on Lance Corporal Francisco Martinez like many other soldiers who are now the football team. When Francisco Flores, with commendations, who gave serving and some that have not re- graduated from high school in the his life before being granted or having turned that we should pay tribute to, spring of 2000, he bravely enlisted in the opportunity to have been granted for they made and they make the ulti- the Marine Corps despite not yet being his citizenship. I express condolences mate sacrifice without a doubt and an American citizen. He was assigned to his mother and to his siblings, and I without question. In fact, his mother to the First Marine Division and sent commend the gentlewoman from Cali- was quoted, and I recall at the church north to Twenty-nine Palms, Cali- fornia (Ms. SOLIS) for seeking to honor the mass that I attended at that fu- fornia, the home of the Marine Corps the memory of a fallen hero, a soldier neral, her name is Martha Martinez, Air-Ground Combat Center. After 21⁄2 who gave his life so that others may and she said of him, ‘‘He loved the years of active duty in California, experience the freedom, the liberty, United States so much. He was from Lance Corporal Flores courageously and the opportunities that he never got Mexico, but he was fighting for Amer- journeyed with many of his fellow Ma- an opportunity to fully enjoy. One can- ica and its ideals.’’ Everyone was rines across the globe to Iraq in Janu- not give much more than that, and I touched and moved by that statement. ary of this year for the military build- would urge swift passage of this resolu- Lance Corporal Martinez Flores was up to Operation Iraqi Freedom. tion. not just a brave and self-sacrificing On March 25, 6 days into the war of Mr. Speaker, I reserve the balance of marine, but he was a loving son, a liberation of Iraq, Lance Corporal Flo- my time. brother and a friend to many who live res was killed in action outside of Mr. TOM DAVIS of Virginia. Mr. in the 32nd Congressional District. He Nasiriyah in southeastern Iraq. Speaker, I reserve the balance of my was the eldest of four siblings that time. emigrated to the country, and as I said, b 1400 Mr. DAVIS of Illinois. Mr. Speaker, I he served a short time there at high Sadly, he was less than 2 weeks from yield such time as she may consume to school in various extracurricular ac- earning his United States citizenship, the author of this resolution, the gen- tivities. something that was his lifelong dream. tlewoman from California (Ms. SOLIS). And on that day January 23, 2003, he Mr. Speaker, Lance Corporal Fran- (Ms. SOLIS asked and was given per- was sent abroad to fight in Operation cisco A. Martinez Flores lived an ex- mission to revise and extend her re- Iraqi Freedom, probably not knowing traordinary life, albeit a tragically marks.) that he would never come home. He

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.014 H08PT1 H6312 CONGRESSIONAL RECORD — HOUSE July 8, 2003 was just 2 weeks shy from gaining his Mr. Speaker, I reserve the balance of pend the rules and pass the bill, H.R. United States citizenship. Lance Cor- my time. 2396. poral Martinez Flores was killed in the Mr. DAVIS of Illinois. Mr. Speaker, I The question was taken; and (two- line of duty near Nasiriyah, Iraq, on yield such time as she may consume to thirds having voted in favor thereof) March 25, 2003, and after his death, the gentlewoman from California (Ms. the rules were suspended and the bill Lance Corporal Martinez’s family LINDA T. SANCHEZ). was passed. proudly accepted a certificate of natu- Ms. LINDA T. SANCHEZ of Cali- A motion to reconsider was laid on ralization granting to Francisco post- fornia. Mr. Speaker, I am honored to the table. humous U.S. citizenship on April 6, stand before the Members today in sup- f 2003. He was one of thousands of lawful port of H.R. 2396. This legislation des- permanent residents who have volun- ignates the post office located at 1210 RECESS teered their service to protect the Highland Avenue in Duarte, California, The SPEAKER pro tempore. Pursu- United States by joining the U.S. mili- after a courageous young marine, ant to clause 12(a) of rule I, the Chair tary. Lance Corporal Francisco Martinez declares the House in recess subject to Lance Corporal Martinez Flores was Flores. the call of the Chair. a courageous and dedicated marine who Lance Corporal Flores was killed in Accordingly (at 2 o’clock and 14 min- grew up in our local community of the line of duty near Nasiriyah, Iraq, utes p.m.), the House stood in recess Duarte, and I am privileged that we on March 25, 2003, protecting the subject to the call of the Chair. will be naming a Federal building after rights, beliefs, and values of a Nation f him in his hometown. that he could not yet call his own. He Local residents in the city there have was just 2 weeks away from gaining his b 1610 also shown their support to honor him. U.S. citizenship, which was granted AFTER RECESS They have come together to put to- posthumously on April 6, 2003. The recess having expired, the House gether their own funds to develop a According to the Department of De- was called to order by the Speaker pro scholarship in his name. And all 52 fense, an estimated 37,000 legal perma- tempore (Mr. DREIER) at 4 o’clock and Members on a bipartisan effort from nent residents are currently serving on 10 minutes p.m. California support this initiative. The Active Duty in our Armed Forces. mayor and the city council of the city These young men and women have will- f of Duarte are also bipartisan and sup- ingly volunteered to carry out one of REPORT ON H.R. 2660, DEPART- port this piece of legislation. These ef- the most solemn duties any nation can MENTS OF LABOR, HEALTH AND forts now will lead to the post office at ask of its people, and they have more HUMAN SERVICES, AND EDU- 1210 Highland Avenue in Duarte, Cali- than earned the right to become citi- CATION, AND RELATED AGEN- fornia, to be named Francisco A. Mar- zens of the Nation they have sworn to CIES APPROPRIATIONS ACT FOR tinez Flores. uphold and protect. Their contribu- FISCAL YEAR 2004 I want to thank all of them for their tions should always be remembered. Mr. REGULA, from the Committee support for the bill, all those that had Naming the post office after Lance on Appropriations, submitted a privi- the ability to be a part of this to help Corporal Flores is not just a way to leged report (Rept. No. 108–188) on the us move this along in an expeditious honor his memory, but also a small bill (H.R. 2660) making appropriations manner, and I want to especially thank way to show appreciation and respect for the Departments of Labor, Health the family members and those people to the other 200 soldiers who have made and Human Services, and Education, that represent that community that the ultimate sacrifice. Each day when and related agencies for the fiscal year came together to fully unify them- a person walks through the Highland ending September 30, 2004, and for selves behind this young man. It is dev- Avenue Post Office located in Duarte, other purposes, which was referred to astating for us to know that someone California, they will be able to read the Union Calendar and ordered to be has to lose their life under such turbu- about this hero and remember that it printed. lent time and hardship to have a com- is the people in their community who The SPEAKER pro tempore. Pursu- munity come together like that. This contribute to the freedoms that we all ant to clause 1, rule XXI, all points of was one of those moments in our his- enjoy as Americans. order are reserved on the bill. tory. The bill is a tribute to all those I would like to thank every man and who have died to our country, and it is woman currently serving in the U.S. f a tribute to all the families who have military. I hope they stay safe, and I RECESS lost a loved one. The bill symbolizes wish them a speedy return, and I sleep The SPEAKER pro tempore. Pursu- the gratitude and admiration we have better at night knowing that they are ant to clause 12(a) of rule I, the Chair for our Nation’s soldiers who risk their doing such a tremendous job, and I declares the House in recess subject to life to uphold their way of life and the sleep better at night knowing that peo- the call of the Chair. American ideals of liberty, justice, and ple like Francisco Martinez Flores are Accordingly (at 4 o’clock and 11 min- equality. And I urge all my colleagues there serving our country. I urge all utes p.m.), the House stood in recess to join me in recognizing this Amer- my colleagues to vote in favor of H.R. subject to the call of the Chair. ican hero, Lance Corporal Francisco A. 2396. Martinez Flores, who fought and died Mr. TOM DAVIS of Virginia. Mr. f for our country, by supporting this bill Speaker, I yield back the balance of b 1834 today, H.R. 2396. my time. Mr. TOM DAVIS of Virginia. Mr. Mr. DAVIS of Illinois. Mr. Speaker, I AFTER RECESS Speaker, I yield myself such time as I yield myself such time as I may con- The recess having expired, the House may consume. sume. was called to order by the Speaker pro Let me say I commend my colleague With the understanding and recogni- tempore (Mr. TERRY) at 6 o’clock and for bringing this legislation to the tion that I agree with the gentlewoman 34 minutes p.m. floor. In our usual order of things, it is from California that if one has the f individuals with power, prestige, and right to fight and die, one certainly has notoriety that get postal namings, but the right to citizenship, I would urge THE CONGRESSIONAL it is the Francisco Floreses of this swift passage of this resolution. DISTINGUISHED SERVICE AWARD world, many of them immigrants, who Mr. Speaker, we have no further (Mr. HASTERT asked and was given built this country, who make it run speakers, and I yield back the balance permission to speak out of order, to re- every day, and who fight to keep it of my time. vise and extend his remarks and in- free. He is in a larger sense, as the gen- The SPEAKER pro tempore (Mr. clude therein extraneous material.) tlewoman from California (Ms. SOLIS) TERRY). The question is on the motion Mr. HASTERT. Mr. Speaker, this says, an American hero, and I urge offered by the gentleman from Virginia morning the gentlewoman from Cali- adoption of this legislation. (Mr. TOM DAVIS) that the House sus- fornia (Ms. PELOSI), Democratic leader,

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.049 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6313 and I had the honor of bestowing on I just want to thank every one of you, for Gephardt—then-Leader Richard Gephardt, to four of our former colleagues the Con- being here today in Statuary Hall as we recognize the distinguished service of our gressional Distinguished Service honor and recognize the first recipients of former colleagues. Those of us who served with them are Award. The four honorees were John the Congressional Distinguished Service Award. blessed to be able to call them colleague. Rhodes of Arizona, Louis Stokes of In doing this, we said, ‘‘Here are thousands As you know, it’s a privilege to be here in Ohio, Don Edwards of California, and of great people, people that we deal with, this role to honor the first-ever recipients of Bob Michel of Illinois. people that we live with in a sense day in the Congressional Distinguished Service I first discussed creating the award and day out. But yet there are certain people Award and their families. It’s an honor for last Congress with the gentleman from who add a very special meaning to serving in all of us to be part of this historic ceremony. I’m so pleased that we’ve been joined by Missouri (Mr. GEPHARDT), the then this Congress and this House of the Rep- some of the pages, because they, of course, Democratic leader. We thought it ap- resentatives of the U.S. Congress.’’ The Distinguished Service Medal Award is were not here when these distinguished gen- propriate and fitting to have an award dedicated to former members of Congress tlemen served. But what they should know is that is dedicated to former Members of whose service to the country exemplifies the that all four of them had public service as a Congress whose service to the country very best traditions of the United States high calling, all four of them were an inspi- exemplifies the best traditions of the House of Representatives. ration to other generations to serve to be at- United States House of Representa- We are honoring four men today, two Re- tracted to public service. And that’s one of tives. publicans and two Democrats. The purpose of the reasons we’re honoring them today. Today we honored four former col- this was to start two years ago, but because Again, I want to commend the speaker and Dick Gephardt for their foresight in estab- leagues, two Republicans, two Demo- of illness and some extenuating circumstances called 9/11 and others we have lishing this award. crats, who had widely different polit- put both the Congresses together today in Today’s ceremony offers the opportunity ical views, but who shared a love for this presentation. both to honor these individuals and to re- their country and for this Congress. The two Republicans and two Democrats mind ourselves how outstanding the char- John Rhodes, Louis Stokes, Bob who had widely different political views but acter of a few fine people through sheer Michel, and Don Edwards shared cer- who shared a love for their country and for measure of their decency can elevate the in- tain virtues even as they pursued dif- this Congress, all four are members of the stitution for everyone. These former members were on different ferent political agendas. The words in- greatest generation who—those Americans who lived through the Great Depression, who sides of the aisle, but they took a shared tegrity, humility, honesty, and stead- fought in the Second World War, who played oath and recognized a greater obligation to fastness describe all four of these indi- a critical role in making America the bright- serve the country together, both to find com- viduals. None of them, none of the men est beacon of freedom in the darkest days of mon ground where they could and to stand that we honored today, pursued polit- the Cold War. their ground where they could not. No one ical ambition at the expense of com- It is altogether appropriate that we honor has come closer to the ideal, the perfect mon decency. None sacrificed their these four men with this new award. member of Congress, perfect public servant, souls on the altar of political expedi- Since my colleagues selected me as their than John Rhodes, Lou Stokes, Don Edwards and Bob Michel. ency. They inspired many with their Speaker, I’ve had the distinct pleasure to participate in ceremonies recognizing recipi- Though John Rhodes cannot be with us political insight and their remarkable ents of the Congressional Gold Medal, our today, we are honored that his award will be ability to bridge differences when seek- nation’s highest civilian award given by the received in the most appropriate way. John ing compromise. United States Congress. Rhodes earned the love and the respect of his All of them left their mark on this I have had the pleasure to participate in colleagues and constituents for his service to institution. Some were succeeded by a ceremonies honoring Rosa Parks, the World his district, to his beloved house and to the former staff members who they War II Indian windtalkers, Ronald Reagan country. We remember his calming strength mentored. All were giants in their dis- and Pope John Paul II with the Congres- and the dignity he displayed during the last sional Gold Medal. The gold medal awarded days of the Nixon Administration, when his trict who cultivated many to go into by the Congress is an important way for our leadership was so important to the country. public service. All of them left this in- nation to pay tribute to leaders who make I hope that you will convey, in addition to stitution a better place by their serv- this world a better place with their service. the award, all of the good wishes of all gath- ice, and for that we give them our The Distinguished Service Award pays ered here today to your distinguished father. humble thanks. tribute to those who make this House a bet- Lou Stokes and I served together for many It was an honor to award these indi- ter place with their service. years, both on the Appropriations Com- viduals, to hear them speak from their John Rhodes, Lou Stokes, Bob Michel, Don mittee and the Ethics Committee. A man of humble beginnings and high principle hearts today about what this House Edwards—all of these men shared certain virtues even as they pursued different polit- through his integrity and his commitment to meant to each of them. It is a very spe- ical agendas: integrity, humility, honesty, the less advantaged was unsurpassed. He cial place for them and their genera- steadfastness. came from a strong public tradition of public tion and for us today. I wish them God- None of these men pursued political ambi- service, as did Mr. Rhodes—continuing that. speed. tion at the expense of common decency. His colleagues were blessed to see Lou’s Mr. Speaker, I ask unanimous con- None sacrificed their souls on the alter of po- character in acton every day. But, the whole sent to enter the entire proceedings of litical expediency. They always respected country caught a glimpse and were affected this morning’s proceedings into the each other’s differences and opinions. They by what made his so special, and his moving inspired many with their political insight personal statement during the Iran-Contra CONGRESSIONAL RECORD. and their remarkable ability to bridge dif- hearings. The SPEAKER pro tempore (Mr. ferences when seeking compromise. He comes, again, from a distinguished fam- TERRY). Is there objection to the re- They’re all war heroes who served their ily. His mother has a federal building named quest of the gentleman from Illinois? country during World War II, then continued for her, and rightly so, because she produced There was no objection. to serve their country as leaders in this two great public servants. And I have a per- The material previously referred to is United States Congress. sonal connection because my brother served as follows: John, Louis, Bob and Don will always be as mayor of Baltimore when Lou’s brother remembered not just as the first recipients was mayor of Cleveland, and went on, of REMARKS FROM THE CONGRESSIONAL DISTIN- of this award, but also as great leaders who course, to represent our country with great GUISHED SERVICE AWARD CEREMONY, JULY 8, truly made a difference in the lives of so distinction as an ambassador. 2003 many Americans. And part of that family tradition is, obvi- HASTERT. Several years ago, in confer- You’re all very deserving of such recogni- ously, the service of Lou Stokes in the Con- ring with then-Democrat Leader Dick Gep- tion. gress of the United States. On the Intel- hardt, we thought it was very fitting and Congratulations again for being the first ligence Committee, where he was chair, he proper for us to recognize members of Con- recipients of the Congressional Distin- introduced diversity into the mix: integrity, gress of this House of Representatives guished Service Award. diversity, mission success. who’ve gone before us, who’ve laid the cor- And now it’s my privilege to introduce the On the Ethics Committee, it was always nerstones of the good things that we enjoy in Democratic leader, Nancy Pelosi. (Applause) the highest possible standard. And on his this Congress: the ability to communicate PELOSI. Good morning. work on the Appropriations Committee, he with one another, the ability to move for- Thank you, Mr. Speaker, for those very, did a great deal to put forth the values of our ward good legislation, people who have very inspiring words about the people whom country into our spending priorities, and he shown the very best human attributes in this we are gathered here today to honor. has been recognized for that at the National pursuit that we carry forth day in and day Thank you also, Mr. Speaker, for having Institutes of Health, among other distinc- out. the idea, along with Congressman Richard tions.

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.066 H08PT1 H6314 CONGRESSIONAL RECORD — HOUSE July 8, 2003 I had the privilege of naming this—Lou At that point in time, we were fortunate On behalf of the Congress of the United was name by Dick Gephardt when he was enough to have a Republican leader who rec- States. leader, and as the speaker said, the service of ognized that there was much to be done, in- JAY RHODES, son of John Rhodes. Thank this presentation was deferred. cluding changing the House, but who also you, Speaker, and thank all of you for being I, in my capacity as Democratic leader, recognized that there were ways to accom- here today. It’s a great privilege and it’s had the privilege of naming Don Edwards, a plish things. And his advice and counsel, such a great honor for me to be here. I wish great patriot in the finest sense of the word, over that period and over the years, has been I weren’t. There are so many of you in the absolutely committed to his country, to our very, very important to me personally and to audience that I recognize, members of my country into making it better. Don spent his all of us. dad’s staff, members who served with him, entire adult life defending the Constitution John J. Rhodes, a man of the House, served members who served with both of us. and protecting our civil liberties. Success- in the House as the first Republican elected As you all know, service in this House is a fully demonstrating that neither our secu- from Arizona. For 30 years, a member of the great honor and it’s a great privilege. One of rity nor our liberties need to be sacrificed. In House of Representatives. John J. Rhodes, my honors and privileges was to serve with order to have both, we need leadership; Don first and foremost a Republican but beyond both Speaker Hastert and Leader Pelosi. And Edwards provided that. that a public servant committed to rep- I thank you both very, very much for the Don is the only member who upon his re- resenting his people and his state well and kind words that you’ve mentioned here this tirement received both the American Civil committed to bringing about change in our morning. Liberties Union Award and had a dinner hon- national government. And, Congressman Stokes, Congressman oring him hosted by the FBI Over the years, John served on several Edwards, Congressman Michel, it’s an honor And while in Congress, he was a mentor, a committees in the House: the Education and to share this podium with you. gentleman, a floor leader of the ERA. Well, Labor Committee, the Interior Committee, We are here to award four longtime mem- you’re going to hear so much more about all the Appropriations Committee, in which he bers of the House, members who lent a sig- of these from our distinguished presenters, served on my Subcommittee on National Se- nificant part of their lives and of their dedi- but suffice it to say, as a Californian, I am curity, and on the Rules Committee. During cation to service to the House of Representa- particularly proud of Don Edwards. all of that service, he made many a contribu- tives, and that’s quite appropriate. Bob Michel—anyone who served with Bob tion to the work of the House in terms of im- But in many ways these four members are Michel knew that it was a special privilege pacting public policy. simply reflections of the House, because the to do so. He always had a basic respect for During those early years, he had a direct House, while it’s made up of a group of his political friends and political foes alike. involvement in developing Republican policy fiercely independent individuals, when it is He never questioned the motives of his col- or perhaps an alternative to the then leader- the House, when it’s the House acting on the leagues. ship direction that might be a bit more con- country’s business, it’s a grouping of Ameri- A great Republican leader, Bob’s strong servative. He was chairman of the Repub- cans, a grouping of Americans who have working relationships and personal friend- lican Policy Committee, and he did a fan- ideals and thoughts and aspirations and ships with the Democratic speakers of the tastic job helping the leadership to hold our hopes and goals which basically can be House, Tip O’Neill and Tom Foley, were on band together to impact the direction of our boiled down to a peaceful, free, harmonious full display when then-Speaker Foley invited government. United States. In 1973, his life changed rapidly for the Bob to take the chair on the last day of the And those are the goals of every member of then-Republican leader, Gerald Ford, was lame duck session in 1994. That spoke vol- this body, regardless of the time that they tapped to become our vice president. And by umes as to the respect with which Bob served and regardless of the party that they acclamation, John Rhodes was selected to be Michel was held as a member of Congress as served. our leader. His advice and counsel, his sta- a Republican leader, and is held as a states- And so you award four very deserving bility, his solid commitment to the House man for our country. former members of the House, but at the It is a joy always to see him as a source of made all the difference for the minority of same time you’re honoring yourselves and great intellectual power, political strength those days. you’re honoring the institution, and right- and dignity in his service to the Congress. He was a gentleman who everyone recog- fully so. I am honored to be part of any program nized as a person who cared about the House, And were my dad able to be here today— that Bob Michel is being recognized. the institution and public policy first. He and let me hasten to say to you that he is As individuals, our honorees today are reached out to the leadership on the other not currently at death’s door, he just simply some of the finest people ever to pass side of the aisle, seeking compromise, where would be physically unable to make the through these halls. Together, they are a possible, to impact the best possible of direc- trip—but were he here he would tell you that welcome reminder of what our country and tions. our Congress can be at its best. These first John J. Rhodes developed an interest in service in this body is an honor that has been recipients of the Congressional Distin- water because of its importance to Arizona. conferred upon and enjoyed by very few in guished Service Award call all of us to a And while serving on the Interior Com- the history of this country, and it’s an honor higher standard. mittee, he literally developed more base that cannot be replicated and it’s an honor Again, thank you, Speaker Hastert, for knowledge regarding the challenges in this that can sometimes barely be described. your vision and leadership in establishing difficult arena than anybody in the entire But he would tell you that service here this award with Leader Gephardt. body. made him when he left a better person than Congratulations to all of our honorees, and John J. Rhodes, a public policy specialist, he was when he arrived, and I think that thank each and every one of you for being who early on expressed concern about the di- each and every one of us who’s had the honor with us this morning. rection of our country in terms of national to serve here would concur in that. I think Thank you, (Applause) security. It was his voice that was heard that being here makes you a better person. HASTERT. Thank you, Leader Pelosi. time and again talking about the challenge Having the opportunity to be of some meas- Now I’d like to introduce the chairman of and the problem of decreasing defense budg- ured service to your country has to make the Defense Appropriations Committee, a 25- ets. It was his voice that suggested we should you a better person. year veteran of the House, a distinguished have an intertwining between foreign policy If I could use two words to describe my gentleman from California, the distinguished and national defense that projected itself not dad, they would be service and they would be Congressman Jerry Lewis. (Applause) for five years but for 10, 20, perhaps 50 years, loyalty. Service is self-described in terms of LEWIS. Thank you very much, Mr. Speak- to make certain that America played that the amount of time that he spent, both in er, Leader Pelosi, Reverend Dan and friends leadership role that was necessary to make the military and then here in this body, and (inaudible). certain that we were the force for peace and what he has done since he’s left the body. Ladies and gentlemen, it’s my distinct freedom in the world, a voice that’s heard Loyalty, of course, to his family, tremen- privilege and honor to say a few words about today in many a circle, the first echoed in dous loyalty to his family. Tremendous loy- John J. Rhodes and remind all of us a bit of these halls by our leaders, John Rhodes. alty to his wife, to my mother. But loyalty his service. A fabulous Arizonan who would be with us to this institution, because he felt and feels I first met the then-Republican leader in today if it were not for the fact that he is very strongly that this is democracy’s cra- 1969—’79—’89—1979 as I came to the Congress fighting another battle, the battle of cancer dle, this is where the work of keeping people a part of a band of wild men who arrived on that we all know about affecting our coun- free and hopeful starts and sometimes is con- the scene recognizing that the House had try. cluded, hopefully always positively. been dominated by one party too long and by John J. Rhodes, a man to be remembered, And were he here he would tell you that he golly it was our responsibility to do some- a man of the House who indeed served out appreciates this from the bottom of his thing about it. his destiny, making a difference in strength- heart, as do I for him. Thank you all very The wild men led by Newt Gingrich and the ening the House and laying the foundation much. (Applause) likes of then-Congressman-elect Dick Che- for the future of this great institution. (Ap- HASTERT. Thank you, Jay. ney were counseled early on by Bob Living- plause) When Louis Stokes decided to retire after ston, who had arrived about six months be- HASTERT. At this time, I’d like to call up 30 years of service in the House many in Ohio fore us, and he had special tools in mind to Jay Rhodes. thought it would be impossible to fill his help us carry forward our quest. Jay. (Applause) shoes. But when a certain prosecutor by the

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.032 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6315 name of Stephanie Tubbs Jones decided to station is named after him. A street is To our leader, Nancy Pelosi. Distinguished run for his seat, the people chose her as their named after him and his brother. A day care members of the dais. Ladies and gentlemen. candidate to do that job. facility. A post office after his wonderful I want to thank Congresswoman Stephanie Please welcome Congresswoman Stephanie mother, Louise (ph) Stokes. Tubbs Jones for being my presenter on this Tubbs Jones. (Applause) Yet with all of this recognition, he takes occasion and for her very warm and kind re- U.S. REPRESENTATIVE STEPHANIE time to talk to children at schools, to teach marks. TUBBS JONES (D–OH). To Speaker Hastert, at Case Western Reserve, to serve as an ad- The choice of who in the current Congress Leader Pelosi, Reverend Coughlin, my col- viser to the National Committee on Minority would present me was not an easy one be- leagues, current, my former colleagues who I Health. cause I still have many friends here. But I have not had a chance to meet, imagine this: And you would think after retiring, at chose Stephanie because she is not only my In 1968, I was completing my freshman year least in my conversations with Jay, that he friend, she is the embodiment of all that I in college at Case Western Reserve and I had would get a fishing pole and find a cool hold dear about this institution. She is now the opportunity to work in the campaign for stream. Not my congressman. He, in fact, the current and the future for the people who the first African American to be elected to says, ‘‘How would you characterize success- gave me the honor of representing them in the U.S. Congress from the State of Ohio. ful aging?’’ These are not my words, these the United States Congress. Imagine this: He didn’t know who I was. are his. ‘‘I’m not sure I know precisely what The torch I placed in her hands is burning (Laughter) the term successful aging means. If by suc- brightly, and I anticipate her exceeding any Imagine this: Some 30 years later, I would cessful aging you mean continuing to be ac- accomplishments that I may have had in this be running to hold that very same seat in the tive and involved and productive, notwith- house. She is now the pride and the joy of U.S. Congress, and today, 35 years later, I standing that I am older than 65, then that the 11th congressional district of Ohio. have the opportunity to participate in the might be a good definition of successful Stephanie, I thank you. (Applause) presentation of this Distinguished Service aging. I’ve worked since I was 12 years old. I Mr. Speaker, I thank you for this honor be- Award to the Honorable Congressman Louis have never been without a job. I love work. stowed upon me today. It is humbling to be Stokes, to celebrate and recognize his out- I‘‘—I need my glasses—’’ (inaudible) when I accorded this honor by the speaker of the standing service and achievement. am productive and I am involved in being ac- House of Representatives. Having served in Let me fill in the blanks. Prior to serving tive. I perhaps overdo it in that one should this house with you prior to and during your in Congress, Congressman Stokes practiced speakership, I have great admiration and re- law for 14 years and was one of the founders have hobbies. Perhaps, people say to me all spect for both your leadership of the House of the firm Stokes, Character (ph), Terry the time. ‘What are your hobbies?’ I don’t and the great service you are giving to our (ph), Perry (ph), Whitehead (ph), Young (ph) know. I don’t have any hobbies. My hobby is work. I just love work. If anything has en- nation. Thank you, sir. and Davidson (ph) law firm. His brother Carl Madam Leader, Nancy Pelosi, as you and I (ph), the first African American mayor of a abled me to fill a category of successful know, before Stephanie Tubbs Jones arrived major American city, was also a partner. aging, it is that I have spent my lifetime you were my favorite female in the House. Congressman Stokes argued three cases be- working.’’ And quote he says—well, the question is, (Laughter) fore the U.S. Supreme Court, one of the most Madam Leader, I am so proud of you, and famous the stop-and-frisk landmark case of ‘‘With your public service career behind you, I am proud of our friendship over the years. Terry (ph) v. Ohio. On November 6, he ran to what are you looking forward to now?’’ As members of the Appropriations Com- and was elected to Congress, serving 15 con- ‘‘The challenge of engaging a third career mittee and the Ethics Committee, as you’ve secutive terms. When he left the Congress he at the age of 74 is very exciting. To think already stated, you and I stood and fought was 11th overall ranking in the House. that now I come back to the city to practice But during his tenure he served as chair on law is thrilling. I practiced law for 14 years together on many issues on behalf of health, several important committees, including, as a criminal defense lawyer before I went to education, housing, women, children, mi- most notably, the House Select Committee Congress. I spent 30 years in Congress. Now norities, the poor and the disadvantaged. We on Assassinations, the Ethics Committee, to come out and have a worldwide law firm, didn’t always win, but we always fought. the House Intelligence Committee and the Squire (ph), Sanders (ph) & Dempsey (ph), ac- I want to thank you, Nancy Pelosi, also for Appropriations Subcommittee on Veterans cept me as senior counsel in the firm is very this great honor. Affairs, HUD and Independent Agencies. flattering. Most law firms kick you out at 65. I’m also indebted to my friend Dick Gep- He was the dean of the Ohio delegation and The fact that they have a lot of seniors and hardt, who last year, while still Democratic was one of the founding members of the infa- juniors in respect to one of the myths that leader, selected me for this honor. When I mous Congressional Black Caucus. after 65 you don’t have much utility to a law served in the House I was proud to be a mem- It is through his work and leadership that firm, for them to reach out and take a man ber of his leadership team. His leadership in he became the chair of the Congressional who is 74 years old and say, ‘Oh, he does have the House was exemplary, and I am grateful Black Caucus health brain trust, and his value,’ should cause some of the law firms to to him for deeming me worthy of this high name is marked across the country for his rethink that myth.’’ honor. service in this area. He has worked in health It goes on, but I won’t spend time reading In this audience today are a few people care in so many different areas that he is it. whose presence I would like to acknowledge. recognized for the Alliance for Minority Par- I have been personally blessed to have the I share this great honor today with my love- ticipation program that was created under ear, the heart and the support of the Honor- ly wife and closest friend, Jay Stokes, with his leadership and funded by this Congress, able Congressman Louis Stokes. On each oc- whom next month I will celebrate 43 years of and more than 20 programs across this coun- casion that I’ve asked for help he was there marriage. (Applause) try are participating in this wonderful pro- for me, and occasionally when I didn’t ask he We have with us here today our four chil- gram. was there. (Laughter) dren, Shelley, Angie, Chucky, Lori, Lori’s His work in the area of health care has People often ask, ‘‘Is it hard coming be- husband Brian. We also are privileged to also been recognized by the National Insti- hind an icon like Congressman Louis have with us five of our seven grandchildren. tute of Health, the Louis Stokes Libraries, Stokes?’’ I answer, ‘‘Of course it is. But I’m My children and my grandchildren have been the Case Western Reserve University Louis not trying to fill his shores, I’m standing on my greatest inspiration. Stokes Health Center, the Department of his shoulders.’’ Also present is my best friend in the Veterans Affairs Louis Stokes VA Hospital He’s blazed the trail for me, cleared the House, former Congressman William ‘‘Bill’’ campus, Howard University Louis Stokes bushes, and it’s my obligation to keep mov- Clay, who came into Congress with me, with Health Science Libraries. ing forward. God has truly blessed me. I whom I served for 30 years. I’m smiling, Congressman Clay, because viewed Congressman Stokes from afar and I I’m also proud to acknowledge the pres- Congressman Clay said if another building in watched him on that TV doing that cross-ex- ence of a number of my current colleagues at Cleveland is named after Louis Stokes they amination or standing up on issues or bring- Squire, Sanders & Dempsey, a worldwide law might as well call it Stokes, Ohio. (Laugh- ing people in Cleveland out to vote or turn- firm, including the chairman of that firm, ter) ing out people in support of issues important Tom Stanton (ph). He has received more than 26 honorary de- to our community. I sat at his feet, and now The word ‘‘ultimate’’ seems to best degrees from colleges and universities across I can sit at his table. scribe the award being given me, John this country. The Congressional Black Cau- What a great country we live in and what Rhodes, Bob Michel and Don Edwards. Serv- cus, in association with the Heinken Com- a wonderful and mighty God we serve that ing with each of them was a great honor. pany (ph), created the Louis Stokes Congres- I’ve had the opportunity to go from afar and I have always thought that to be one of the sional Fellows Programs. to come this close to my icon, the Honorable small group of Americans privileged to have Now, why do you think that a man like Congressman Louis Stokes. (Applause) been elected to serve in the greatest legisla- this would be recognized in so many in- HASTERT. Would Louis Stokes please tive body in the world was the highest honor stances? It is because of his leadership. It is come forward? that one could achieve. But to be given this because of his willingness to stand up and Louis, on behalf of the United States ultimate award here today by my former col- talk about issues that are important for all House of Representatives. leagues in an institution which I revere is Americans. FORMER U.S. REPRESENTATIVE LOUIS the most humbling experience of my life. No In Cleveland, the Cleveland Public Library STOKES (D–OH): Thank you, Mr. Speaker. greater honor can ever be accorded than to has a Lou Stokes wing. The public transit And thank you, Stephanie. be honored by one’s own peers.

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.035 H08PT1 H6316 CONGRESSIONAL RECORD — HOUSE July 8, 2003 In accepting this award today I’m re- fight for our country as a gunnery officer encouragement that he gave to me, both in minded of my first day in Congress, January and later as an intelligence officer, but he terms of working here and helping me to go of 1969, 34 years ago. My mother, my wife and also wasn’t afraid to stand up for what he to law school and always inspiring me to do family had been specially seated in the gal- knew was right. And so he was one of only my best. lery, in the section usually reserved for the nine people who voted against the first fund- You know, when I got elected in 1994, after family of the president or other special ing for the Vietnam War, in the ‘60s. And he Don’s retirement, members would come up guests. My mother had just been honored as knew that he was right and he wasn’t afraid to me and say things about him, and I think Ohio’s mother of the year. Seated next to her to stand up for it. you can learn a lot by what people—the was my brother Carl, the mayor of Cleve- In the 1970s, he was the floor leader for the words used to describe someone they had land, who was America’s first black mayor of equal rights amendment, and we all called served with, and let me just give you some of a major American city. him the Father of the Equal Rights Amend- those words: ‘‘a gentleman, fair, decent, hon- Growing up on welfare in the housing ment, but he was gracious enough to make est.’’ projects of Cleveland, in the heart of Cleve- sure that women got to be the mothers and ‘‘Even when I didn’t agree. I knew he was land’s slums, this mother, who scrubbed the authors. He was a gentleman. a principled person. He was someone who ac- floors and cleaned houses for a living, con- In the 1980s he led the fight for the ADA. tually listened to other points of view. He stantly admonished Carl and me to work And although he and Congressman Henry stood up for his country.’’ hard and grow up to be somebody. That day, Hyde had sharp differences of agreement on I was inspired when I first saw Don Ed- 34 years ago, as I stood on the floor of the many issues, he was able to work with Con- wards in 1964. I’m inspired today that even in United States Congress and looked up in the gressman Hyde together on the assault weap- his retirement he continues to fight for civil gallery at her, painfully aware that Carl and ons ban, and also on voting rights issues, be- rights, for civil liberties. I were the first in our family to ever to go to cause he is the kind of person who would not He continues to stand up for what is right college, I was determined to make her proud. let a disagreement stand in the way of reach- and decent in America. Our country is a bet- Thanks to all of you in my prayers tonight ing an agreement when you could if it served ter place because of his service. We are all in I can say, Mom, I worked hard, and Congress the public interest. his debt. And I am very, very honored to be said I grew to be somebody. There are things that he did that people participating in this ceremony today. Thank Thank you very much. (Applause) don’t even know about. I remember in the you very much. (Applause) HASTERT. Thank you, Louis. ’70s, and you’ll think back, when the junta HASTERT: Will Don Edwards please come I’d now like to introduce the distinguished threw out the democratically elected govern- forward? gentlewoman from the state of California, ment in Greece, and his office became the On behalf of the House of Representatives. who for eight years worked for Congressman center of the Greek parliament in exile. And (Applause) Don Edwards before his retirement from they would meet in his office, and we would EDWARDS. Thank you, Zoe. Congress. She then ran for his seat and was come in and find all the parliamentarians And thank you, Mr. Speaker and Leader elected to serve the people of the 16th Dis- from Greece plotting their return. And I Nancy Pelosi, The people’s house is in very trict of California. think actually the democracy in Greece good hands with your leadership. Ladies and gentlemen, please welcome today has a lot to do with what Don Edwards I’m pleased today that my wife, Edie Congresswoman Zoe Lofgren. (Applause) was willing to do then. Wilkie Edwards (ph), can share in this happy U.S REPRESENTATIVE ZOE LOFGREN As a former FBI agent, he knew about and day, and also that I have members of my (D–CA). Thank you, Mr. Speaker, and Demo- had the stature to go after misconduct in the family have come from a long way, from cratic Leader Nancy Pelosi. It is great to see FBI, the CoIntelpro, the misuse of FBI re- California, to share in this lovely day. My all of you here today, and especially so many sources for politics. J. Edgar Hoover was not grandson, Eric Edwards (ph), and his fiancee, Members of the House. I know how hard it is a fan. But the FBI has now become a better Susan Parret (ph), are here. They’re going to to take time to be at a ceremony. We’re place because of the efforts that he did to be married in September in Carmel, Cali- pulled in a million different directions. But make sure that we had standards and that fornia. Carmel is a little village... someone who’s probably even busier than us law enforcement could not be misused. (Laughter) is a Cabinet secretary, and I’s especially like I remember during 1974 in the impeach- ... out of the Third World... to thank Secretary Norm Mineta, who ment inquiry of Richard Nixon, President (Laughter) shared San Jose with Don Edwards for so Nixon, and having served on the Judiciary And we’re looking forward to the cere- many years, for being here. (Applause) Committee’s impeachment inquiries here, I mony. Norm was the Watergate class, the class of am especially impressed by the dignity and Also, Eric’s mother, Dr. Inger Sagatin Ed- ‘74. And I see people who served with Don Ed- the fairness with which Don Edwards dealt wards, who is Norway’s great gift to the wards, and I know that there was a scramble, with that issue. He was never interested in United States. Inger is a professor, got her every one of them would have wanted to in- getting to an end, to reaching a conclusion; doctorate at Stanford University, and is the troduce Don Edwards. And I guess I was he was only interested in making sure that head of the Administration of Justice De- lucky enough because not only was I elected the facts were out and that fairness was ap- partment at San Jose State University. to represent the people that he represented plied and the country was served. We also have other people from different so well for 32 years, but I also served on his As chairman of what was then known as parts of the country, and welcome to all of staff for nearly nine years. Subcommittee Number 4, later the Sub- you. And you know, those of us who were on the committee on Civil and Constitutional No member of Congress would be anything staff sort of divided up our service. I mean, Rights, he spent full time securing constitu- without a staff that is competent and skill- there were different decades, the ‘60s, the tional rights for Americans, and, yes, trying ful, and I was very lucky for all the many ‘70s, the ‘80s, and the ‘90s. And some of those to expand civil rights. He spent every day years to have a marvelous staff. And from who served in the ‘90s never really knew the thinking how he could expand freedoms for Portland, Oregon, Terry Pocue´ came all this people who served in the ‘60s, but we knew America, not just in his bills: I think you way to share in this celebration. Catherine that Don Edwards made a difference in every can tell a lot about someone not just by LeRoi was the chief counsel for the Sub- one of those decades. their voting record and by the bills intro- committee on Civil and Constitutional It’s worth noting that Don Edwards was duced, but how they act in their daily life. Rights, where I was chair. Stuart Ishimaru not always a Democrat, hard to believe. A And I remember so clearly a situation from the Department of Justice and a valued native of San Jose, he grew up on 13th St., where the least powerful employees of the staff member. And Virginia Stone, Ginny just a few blocks from where I live today, on House of Representatives, workers in the caf- Stone, was a valuable lawyer, and she and I 16th St. He graduated from Stanford, passed eteria, were being unfairly treated, and the worked very closely on a lot of issues. the bar exam. He was a scratch golfer, he was one person they felt they could come to in So I couldn’t have gotten along without ‘‘AM’’ in the winning Pro-Am at the Crosby the House was Congressman Don Edwards. these valuable staff members, and I thank one year. He established and ran a successful And this group of totally powerless people you all for coming. business in San Jose and looked like he was came to see him and he sat down with them I am very grateful to have had the privi- going in one direction when all of sudden the and listened to them and became their advo- lege of being a member of the House of Rep- world turned. cate so that they could receive fair treat- resentatives. It’s a glorious organization, And in 1960, John F. Kennedy was elected ment. and I have many happy and important president of the United States, Don Edwards I first saw Don Edwards in Mitchell Park memories of my service. came to his senses and became a Democrat, in 1964. He was running for reelection. And One day in 1983 I was sitting in my office and he got elected to Congress in 1962 to join Larry O’Brien, then the postmaster general, and the sergeant at arms called and said that the country’s new president in changing the was with him. He gave a speech and I was to- You, as the senior member of the California world. And he did. tally inspired. I was totally impressed. And delegation, have the honor of escorting the As floor leader during the omnibus civil although he didn’t know it, I walked a pre- president into the House chamber tonight so rights act in the ‘60s, he also led on the vot- cinct for his election. that the can deliver his State of the Union ing rights act; he was a key figure in the es- Later, on the staff, I was inspired again. message. tablishment of fair housing laws. And I will say, also, on a personal level, I And I said, fine, and so I showed up at You know, he was part of the greatest gen- would not be here today as a member of Con- quarter of nine in the speaker’s formal sit- eration in World War II. He was not afraid to gress except for the help and assistance and ting room, I walked into the room, and there

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.037 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6317 was only one person: It was President Ronald Haas who works for the speaker, all students friends, I thought when I retired from the Reagan. of Bob Michel. And Paul Vinevicy, who House, nine years ago, that I had received far And I said, I said, What in the heck am I works at the House Administration Commis- more than my share of plaudits and awards. going to talk to President Reagan about? sion. And yet, today there is one more. (Laughter) And my own staff, Diane Liesman and I wouldn’t feel right accepting it if I didn’t All by myself. So I walked over and shook Joan Mitchell and Erin Reif, all students of share it in a way and acknowledge those over hands, and then I, there was a moment of si- the Bob Michel school. We went to one of the the years who made it all possible, those lence, and I said, Mr. President, at your finest schools anywhere in the world. closely associated with me, working in my ranch in San Diego, do you have rattle- His classrooms were his office, the floor of office back in Illinois, here in Washington, snakes? (Laughter) the House, its committee rooms, and the here in this Capital building. And his face lit up, big smile, he said, We farms and towns of the 18th Congressional And of course it would also include my sure do. He said, And I wear boots up to my District. Everywhere he went, he taught his dear wife of 54 years, members of the family. knees because they’re pretty dangerous. And staff by his example what it means to be a When I first came—well, let me begin by he said, When I see one on the path, I just great public servant. saying that I decided upon embarking upon a stomp on it with those big boots. President John Adams once said the Con- career in politics without the blessing of my Oh, but, he said, Two weeks ago Nancy and stitution is the product of, quote, ‘‘good parents. I remember Dad and Mother telling I had been riding, and we were walking back heads prompted by good hearts.’’ Bob Michel me, why would you want to get involved in from the stable to the ranch house, and I saw taught us that both of these qualities, head this dirty, rotten, nasty game of politics? a rattlesnake and I stepped on him, and I and heart, are necessary in order to make And I had to respond to my mom and dad, looked down and I had on tennis shoes. this institution work. Bob taught us by his Folks, you’ve taught me the different be- (Laughter) example that the House floor should be a tween right and wrong. But the most glorious moment in 32 years forum for reasoned debate among colleagues, Michel: And while my father was a French in Congress was in 1964, when the House en- equal in dignity. immigrant, probably didn’t quite understand acted the omnibus Civil Rights Bill that did He inherited an old-fashioned Peoria work our system all that well, and my mother was away with segregation and American apart- ethic from his beloved parents, and he came first-generation American, I told them that I heid in this country. to the House every day to do the work of the was quite sure that politics could be a very The House was the leader, and we didn’t people and not to engage in ideological melo- noble profession, and that I’d give it a try, have the votes on the Democratic side be- dramas or political vendettas. And he ex- and then from time to time, Dad, we’d come cause we lost so many votes in the South. pected, in fact he demanded, that all his staff back and we’d check signals with one an- And the Republicans joined us in enacting do the same. other and see if you were right or if I was this glorious piece of legislation. Bob knew warfare first hand. Not a war in right. Bill McCulloch of Ohio was the Republican a Steven Spielberg movie, or war fought on And, well, time passed, and I went up the leader, and other great ones there were Bob the pages of books, but real war. I guess ranks, leadership, and became leader, and be- Michel, John Rhodes, and the Republicans that’s the reason he never used macho fore my parents passed away, they changed did better in the vote than the Democrats, phrases like ‘‘warfare’’ and ‘‘take no pris- their mind. And I think they were proud of and then next year this same thing happened oners’’ when discussing politics with his their son. with the Voting Rights Act. staff. To Bob, the harsh, personal rhetoric of But I mentioned that only becuase, well, So that was my glorious moment, when the ideological warfare had no place in his office, for several reasons, because of the nature of House in a bipartisan way did this great no place in the House, and no place in Amer- things today, and how we have changed as a movement. Now, if anybody asks me what’s ican politics. He knew that the rhetoric we country. And mention has been made, or your advice as you leave the House—nobody use often shapes the political action we take. surely should be made, of my 38 years, all as ever asked me, but I said anyway—— Bob Michel was a superb Republican lead- a member of the minority party. All those (Laughter) er. And he would have been a great speaker were frustrating years, believe me. (Laugh- And all I would say is do good. Do good for of the House. But fate decreed that this was ter) the American people, don’t do any harm. not to be. And there wasn’t many cheers. But I tell And the same would apply to the billions of So Bob, today I want you to know that you you, I never really felt that I was out of the people throughout the world. Do good for are, in the opinion of many, the greatest game, or that I had no part to play. Under them, too. Be a good neighbor. Thank you speaker this House never had. the rules of the House, the traditions of the very much. (Applause) Bob, in a sense, you have never left this House and practices of the House, there is a HASTERT: Thank you. place you love so well. Whenever there is a role to play for the minority and a solo voice Now I’d like to introduce a congressman debate on the House floor conducted by men from here and there. from my own state of Illinois, who also is and women with good heads and good hearts, And for me to have all these voices from known for his fair and balanced approach in treating each other with mutual respect, you around the country, men and women, of dif- the House, just like his former boss, Mr. Bob are there among us, and will be so long as ferent persuasions, come to this body and Michel. the House endures. argue those differences, the clash of ideas Please welcome Congressman Ray LaHood. You are a great congressman, and you re- and views of members. And then I guess the (Applause) main, as ever, a great teacher. more exhilarating fays from me as I became REP. RAY LAHOOD (R-IL): Thank you And if I may just indulge—I was told we leader and took on more role of responsi- very much. Thank you, Speaker Hastert, for only had three minutes, and some of the bility, that those differing vies, those clases the honor you bestow on me and to my other people didn’t get that memo, so I’m of ideas, verbally, not personally, but on the friend, Bob Michel, and the opportunity to not going to abide by it either. Right after I issue, had to be harmonized, they had to be say a few words of introduction to our great was elected in 1994, and Bob was obviously a rationalized, and we struck a deal, we made leader. big help and came to our victory party that a bargain, hopefully, and the joy of bringing I’ve had the honor to know Bob Michel for night. Right after we were sworn in, I had dissonant factions together, to work to- over 20 years, so that I know there are three the great privilege of chairing the House of gether, to craft good legislation for the coun- things that he dislikes very much. The first Representatives. And during that chairing of try. is to miss a three-foot putt at Burning Tree. the House, there was a phone call to our of- That was the joy of it, and I can honestly The second is to see his Cubs lose a game fice from our great leader, Bob Michel, and say today, emotional as this is for me, that they should have won. And the third, worst he said to one of our staffers, You know, I my service in the Houe was a real joy. And of all, is to sit quietly by while a former served in the House for 38 years. LaHood’s my collegues, particulary John and Luke, staffer sings his praises in public. been there three months and he’s chairing with differing views than John Rhodes and I, So Bob, I ask you to bear with me this the House. How could this happen? were always just good friends. morning. I’ll try to make this as painless as And it happened because of the great lead- And we went at it hammer and tongs from possible. ership that he showed to all of us. He was a whatever it was, 12:00 to 6:00 or 7:00, but then We all know Bob as a great legislator, a great teacher, he is a great teacher, and we after all the arguments, back and forth, you combat veteran, a great singer, a patriot and all—we all, not just those of us that worked know, you could still be good personal as a man devoted to his beloved Karin (ph) for him, but all of us who stand in the House, friends. and his great family. or serve in the House, stand on his shoulders. That’s the way I like to see these delibera- But today I want to speak of Bob in an- Thank you, Mr. Leader. (Applause) tive bodies work, and I hope we can continue other capacity. I want to speak about Bob HASTERT. Bob Michel, will you please to keep our eye on striving toward that end, Michel the teacher. I consider myself a grad- come forward. because in that way, I think, we bring credit uate of the Robert H. Michel school of ap- Bob, it’s my great honor to present this to to ourselves and for our country to the rest plied political arts and sciences, and there you on behalf of the House of Representa- of the world. are some in this room who are also students, tives. (Applause) I tell you, this has been just some, such like our friend Billy Pitts, who’s now at the MICHEL. Well, thank you, Ray, for your memorable day for me, Mr. Speaker, and Rules Committee; like John Feehery, who introduction. And Mr. Speaker and Mrs. Nancy, Majority Leader, thank you for the works for the speaker; and Ted Van Der Pelosi and my erstwhile colleagues in the high honor that you do me by once again Meid, who works for the speaker; and Karen House and those currently serving, and my honoring me as you do today.

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.040 H08PT1 H6318 CONGRESSIONAL RECORD — HOUSE July 8, 2003 I shall surely treasure this moment for the the gentlewoman from Ohio (Mrs. The Clerk designated the amend- rest of my life. Thank you. (Applause) JONES), his successor, and with great ment. HASTERT. Thank you, Bob Michel. pride; Congressman Don Edwards, who RECORDED VOTE As somebody has said several times today, was presented by the gentlewoman we do stand on the shoulders of giants. The CHAIRMAN. A recorded vote has That’s how we can make this a better place. from California (Ms. LOFGREN), his suc- been demanded. I think we can all learn from lessons passed cessor; and Congressman Bob Michel, A recorded vote was ordered. and those heroes that have gone before us. who was presented by the gentleman The vote was taken by electronic de- I want to thank everyone, including all the from Illinois (Mr. LAHOOD), his suc- vice, and there were—ayes 57, noes 358, families and friends who have joined us for cessor. not voting 19, as follows: today, as we honor John Rhodes and Lou Any who have served with these peo- Stokes and Don Edwards and Bob Michel. ple know what giants they were, and as [Roll No. 334] Please stand and join me in a very deserving individuals they are some of the finest AYES—57 round of applause for all recipients of the people ever to pass through these halls. Abercrombie Hostettler Platts first-ever Congressional Distinguished Serv- Together they are the welcomed re- Allen Jones (NC) Pomeroy ice Award. (Applause) Bishop (UT) Kanjorski Rodriguez And now please welcome the House chap- minder of what our country and what Bradley (NH) King (IA) Rogers (AL) lain, the Reverend Daniel Coughlin. our Congress can be. These first recipi- Cannon Lewis (GA) Ryan (OH) ents of the Congressional Distinguished Carson (OK) Lewis (KY) Ryun (KS) COUGHLIN. Every blessing comes from our Carter Lucas (OK) Scott (VA) eternal father. May divine providence con- Service Award call all of us to a higher Costello Marshall Shimkus tinue to guide this nation, hold this House standard. Cubin Matheson Shuster together with clear ideals, civility toward Mr. Speaker, it is so appropriate that Cummings McInnis Slaughter all, aware of the deepest needs of the people. this ceremony took place in the days Davis (CA) McIntyre Stearns May God grant all who have gathered here, following July 4, because all of these Davis, Jo Ann Meek (FL) Strickland especially the family and friends of the hon- Farr Michaud Tauscher people honored the memory and the Filner Miller (FL) Taylor (MS) orees, his continued blessings. And let the sacrifice of our Founding Fathers, Foley Moran (KS) Thompson (MS) honorees assure them happiness and health every one of them, in their service to Forbes Musgrave Tiberi in the future, with unwavering faith, con- Gingrey Napolitano Udall (CO) stant hope and love that will endure to the this country. And in the course of these Hefley Ortiz Waters end. holidays, and July 4 being a great one Hinojosa Paul Wilson (NM) God, order all our days and grant us peace for our country, we are all singing God NOES—358 of heart, hear our every prayer and bring us Bless America, and we know that God all to everlasting joy and life forever. Amen. Ackerman Chocola Goodlatte in the service of Louis Stokes, Don Ed- Aderholt Clay Gordon Mr. HASTERT. Mr. Speaker, I yield wards, Bob Michel, and John Rhodes in Akin Clyburn Granger to the gentlewoman from California their service to this country, God truly Alexander Coble Graves blessed America. Andrews Cole Green (TX) (Ms. PELOSI), Democratic leader. Baca Collins Green (WI) Ms. PELOSI. Mr. Speaker, I thank Mr. HASTERT. Mr. Speaker, I thank Bachus Conyers Greenwood the Speaker for his very inspiring the Democrat leader for her remarks, Baird Cooper Grijalva words about the people who were hon- and I think in the spirit of Bob Michel, Baker Cox Gutknecht God Bless America was probably a very Baldwin Crenshaw Hall ored today and for having the idea Ballance Crowley Harris along with the gentleman from Mis- fine resemblance. Ballenger Culberson Hart souri (Mr. GEPHARDT), our former lead- f Barrett (SC) Cunningham Hastings (WA) Bartlett (MD) Davis (AL) Hayes er, recognizing the distinguished serv- DEPARTMENT OF DEFENSE Barton (TX) Davis (FL) Hayworth ice of our former colleagues. APPROPRIATIONS ACT, 2004 Bass Davis (IL) Hensarling Today’s ceremony was an oppor- Beauprez Davis (TN) Herger tunity to honor these individuals and The SPEAKER pro tempore. Pursu- Becerra Davis, Tom Hill Bell Deal (GA) Hinchey to remind ourselves how the out- ant to the order of the House of Thurs- day, June 26, 2003, and rule XVIII, the Bereuter DeFazio Hobson standing character of a few fine people Berkley DeGette Hoeffel through the sheer measure of their de- Chair declares the House in the Com- Berman Delahunt Hoekstra mittee of the Whole House on the State Berry DeLauro Holden cency can elevate the institution for Biggert DeLay Holt everyone. It was a sincere pleasure, Mr. of the Union for the further consideration of the bill, H.R. 2658. Bilirakis DeMint Honda Speaker, to see our friends and former Bishop (GA) Deutsch Hooley (OR) colleagues today, and it was a moving b 1840 Bishop (NY) Diaz-Balart, L. Houghton Blackburn Diaz-Balart, M. Hoyer occasion to thank them for their serv- IN THE COMMITTEE OF THE WHOLE Blumenauer Dicks Hulshof ice and to rededicate ourselves to the Accordingly, the House resolved Blunt Dingell Hunter ideals by which they lived. Those of us Boehlert Doggett Hyde itself into the Committee of the Whole Boehner Dooley (CA) Inslee who served with them are indeed House on the State of the Union for the Bonilla Doolittle Isakson blessed to be able to have called John further consideration of the bill (H.R. Bonner Doyle Israel Rhodes, Louis Stokes, Don Edwards, 2658) making appropriations for the De- Bono Dreier Issa and Bob Michel our colleagues. These Boozman Duncan Istook partment of Defense for the fiscal year Boswell Dunn Jackson (IL) former Members, as the Speaker indi- ending September 30, 2004, and for Boucher Edwards Jackson-Lee cated, were on different sides of the other purposes, with Mr. CAMP in the Boyd Ehlers (TX) aisle, but they took a shared oath and Brady (PA) Emanuel Janklow chair. Brady (TX) Emerson Jefferson recognized a greater obligation to serve The Clerk read the title of the bill. Brown (OH) Engel Jenkins the country together to find their com- The CHAIRMAN. When the Com- Brown (SC) English John mon ground where they could and to mittee of the Whole rose earlier today, Brown, Corrine Eshoo Johnson (CT) stand their ground where they could a request for a recorded vote on the Brown-Waite, Etheridge Johnson (IL) Ginny Evans Johnson, E. B. not. amendment by the gentleman from In- Burgess Everett Johnson, Sam No one has come closer to the ideal diana (Mr. HOSTETTLER) had been post- Burns Fattah Jones (OH) of a perfect Member of Congress, a per- poned, and the bill was open for amend- Burr Feeney Kaptur Burton (IN) Ferguson Keller fect public servant, than John Rhodes, ment through page 116, line 19. Buyer Fletcher Kelly Republican of Arizona, who could not AMENDMENT OFFERED BY MR. HOSTETTLER Calvert Ford Kennedy (MN) be with us, but his son accepted the The CHAIRMAN. The pending busi- Camp Fossella Kennedy (RI) award for him, accepted the award and Cantor Frank (MA) Kildee ness is the demand for a recorded vote Capito Franks (AZ) Kilpatrick the very good wishes of all assembled. on the amendment offered by the gen- Capps Frelinghuysen Kind And let me say that the gentleman tleman from Indiana (Mr. HOSTETTLER) Capuano Gallegly King (NY) from California (Mr. LEWIS) had the op- on which further proceedings were Cardin Garrett (NJ) Kingston Cardoza Gerlach Kirk portunity of making the presentation postponed and on which the noes pre- Carson (IN) Gilchrest Kleczka on behalf of Congressman Rhodes, and vailed by voice vote. Case Gillmor Kline moving it was indeed; Congressman The Clerk will designate the amend- Castle Gonzalez Kolbe Louis Stokes, who was presented by ment. Chabot Goode Kucinich

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.042 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6319 LaHood Osborne Sherwood having assumed the chair, Mr. CAMP, Holden Meehan Sanchez, Linda Lampson Ose Simmons Chairman of the Committee of the Holt Meek (FL) T. Langevin Otter Simpson Honda Meeks (NY) Sanchez, Loretta Lantos Oxley Skelton Whole House on the State of the Union, Hooley (OR) Menendez Saxton Larsen (WA) Pallone Smith (MI) reported that that Committee, having Hostettler Mica Schiff Larson (CT) Pascrell Smith (NJ) had under consideration the bill (H.R. Houghton Michaud Schrock Latham Pastor Smith (TX) 2658) making appropriations for the De- Hoyer Miller (FL) Scott (GA) LaTourette Payne Smith (WA) Hulshof Miller (MI) Scott (VA) Leach Pearce Snyder partment of Defense for the fiscal year Hunter Miller (NC) Sensenbrenner Lee Pelosi Solis ending September 30, 2004, and for Hyde Miller, Gary Serrano Levin Pence Souder Inslee Miller, George Sessions Lewis (CA) Peterson (MN) other purposes, pursuant to the pre- Spratt Isakson Mollohan Shadegg Linder Peterson (PA) vious order of the House of June 26, Stark Israel Moore Shaw LoBiondo Petri Stenholm 2003, he reported the bill back to the Issa Moran (KS) Shays Lofgren Pitts House with an amendment adopted by Istook Moran (VA) Sherman Lowey Pombo Stupak Jackson-Lee Murphy Sherwood Lucas (KY) Porter Sullivan the Committee of the Whole. (TX) Murtha Shimkus Lynch Portman Tancredo Janklow Musgrave Shuster Majette Price (NC) Tanner b 1900 Jefferson Myrick Simmons Maloney Pryce (OH) Tauzin Jenkins Nadler Simpson Manzullo Putnam Taylor (NC) The SPEAKER pro tempore (Mr. John Napolitano Skelton Markey Quinn Terry TERRY). Under the rule, the previous Slaughter Matsui Radanovich Thomas Johnson (CT) Neal (MA) question is ordered. Johnson (IL) Nethercutt Smith (MI) McCarthy (MO) Rahall Thompson (CA) The question is on the amendment. McCarthy (NY) Ramstad Thornberry Johnson, E. B. Neugebauer Smith (NJ) McCollum Rangel Tiahrt The amendment was agreed to. Johnson, Sam Ney Smith (TX) Jones (NC) Northup Smith (WA) McCotter Regula Tierney The SPEAKER pro tempore. The Jones (OH) Norwood Snyder McCrery Rehberg Toomey question is on the engrossment and Kanjorski Nunes Solis McDermott Renzi Towns third reading of the bill. Kaptur Nussle Souder McGovern Reyes Turner (OH) Keller Obey Spratt McHugh Reynolds Turner (TX) The bill was ordered to be engrossed Kelly Olver Stearns McNulty Rogers (KY) Udall (NM) and read a third time, and was read the Meehan Rogers (MI) Kennedy (MN) Ortiz Stenholm Upton third time. Kennedy (RI) Osborne Strickland Meeks (NY) Rohrabacher Van Hollen Menendez Ros-Lehtinen The SPEAKER pro tempore. The Kildee Ose Stupak Velazquez Kilpatrick Otter Sullivan Mica Ross Visclosky question is on the passage of the bill. Miller (MI) Rothman Kind Oxley Sweeney Vitter Under clause 10 of rule XX, the yeas Miller (NC) Roybal-Allard King (IA) Pallone Tancredo Walden (OR) Miller, Gary Royce and nays are ordered. King (NY) Pascrell Tanner Walsh Miller, George Ruppersberger The vote was taken by electronic de- Kingston Pastor Tauscher Wamp Mollohan Ryan (WI) Kirk Payne Tauzin Watson vice, and there were—yeas 399, nays 19, Moore Sabo not voting 17, as follows: Kleczka Pearce Taylor (MS) Moran (VA) Sanchez, Linda Watt Kline Pelosi Taylor (NC) Murphy T. Waxman [Roll No. 335] Knollenberg Pence Terry Weiner Murtha Sanchez, Loretta YEAS—399 Kolbe Peterson (MN) Thomas Myrick Sanders Weldon (FL) LaHood Peterson (PA) Thompson (CA) Nadler Saxton Weldon (PA) Abercrombie Camp Dunn Lampson Petri Thompson (MS) Neal (MA) Schakowsky Weller Ackerman Cannon Edwards Langevin Pitts Thornberry Nethercutt Schiff Wexler Aderholt Cantor Ehlers Lantos Platts Tiahrt Neugebauer Schrock Whitfield Akin Capito Emanuel Larsen (WA) Pombo Tiberi Ney Scott (GA) Wicker Alexander Capps Emerson Larson (CT) Pomeroy Tierney Northup Sensenbrenner Wilson (SC) Allen Capuano Engel Latham Porter Toomey Norwood Serrano Wolf Andrews Cardin English LaTourette Portman Towns Nunes Sessions Woolsey Baca Cardoza Eshoo Leach Price (NC) Turner (OH) Nussle Shadegg Wu Bachus Carson (IN) Etheridge Levin Pryce (OH) Turner (TX) Oberstar Shaw Wynn Baird Carson (OK) Evans Lewis (CA) Putnam Udall (CO) Obey Shays Young (AK) Baker Carter Everett Lewis (KY) Quinn Udall (NM) Olver Sherman Young (FL) Ballance Case Fattah Linder Radanovich Upton Ballenger Castle Feeney NOT VOTING—19 LoBiondo Rahall Van Hollen Barrett (SC) Chabot Ferguson Lofgren Ramstad Velazquez Cramer Gutierrez Millender- Bartlett (MD) Chocola Fletcher Lowey Rangel Visclosky Crane Harman McDonald Barton (TX) Clay Foley Lucas (KY) Regula Vitter Bass Clyburn Flake Hastings (FL) Owens Forbes Lucas (OK) Rehberg Walden (OR) Beauprez Coble Ford Frost Knollenberg Pickering Lynch Renzi Walsh Becerra Cole Fossella Gephardt Lipinski Rush Majette Reyes Wamp Bell Collins Franks (AZ) Gibbons Sandlin Maloney Reynolds Waters McKeon Bereuter Cooper Frelinghuysen Goss Sweeney Manzullo Rodriguez Waxman Berkley Costello Gallegly Markey Rogers (AL) Weiner ANNOUNCEMENT BY THE CHAIRMAN Berman Cox Garrett (NJ) Marshall Rogers (KY) Weldon (FL) Berry Crenshaw Gerlach The CHAIRMAN (during the vote). Matheson Rogers (MI) Weldon (PA) Biggert Crowley Gilchrest There are 2 minutes remaining in this Matsui Rohrabacher Weller Bilirakis Cubin Gillmor McCarthy (MO) Ros-Lehtinen Wexler vote. Bishop (GA) Culberson Gingrey McCarthy (NY) Ross Whitfield Bishop (NY) Cummings Gonzalez b 1900 Bishop (UT) Cunningham Goode McCollum Rothman Wicker Blackburn Davis (AL) Goodlatte McCotter Roybal-Allard Wilson (NM) Mrs. JONES of Ohio, Ms. CORRINE McCrery Royce Wilson (SC) BROWN of Florida, Ms. LINDA T. Blumenauer Davis (CA) Gordon Blunt Davis (FL) Granger McGovern Ruppersberger Wolf SANCHEZ of California and Messrs. Boehlert Davis (IL) Graves McHugh Ryan (OH) Wu BURNS, RADANOVICH and HOLT Boehner Davis (TN) Green (TX) McInnis Ryan (WI) Wynn Bonilla Davis, Jo Ann Green (WI) McIntyre Ryun (KS) Young (AK) changed their vote from ‘‘aye’’ to ‘‘no.’’ McNulty Sabo Young (FL) So the amendment was rejected. Bonner Davis, Tom Greenwood Bono Deal (GA) Grijalva The result of the vote was announced Boozman DeFazio Gutknecht NAYS—19 as above recorded. Boswell DeGette Hall Baldwin Kucinich Schakowsky The CHAIRMAN. The Clerk will read Boucher Delahunt Harris Brown (OH) Lee Stark Boyd DeLauro Hart the final lines of the bill. Conyers Lewis (GA) Watson Bradley (NH) DeLay Hastert Farr McDermott Watt The Clerk read as follows: Brady (PA) DeMint Hastings (WA) This Act may be cited as the ‘‘Department Filner Oberstar Woolsey Brady (TX) Deutsch Hayes Frank (MA) Paul of Defense Appropriations Act, 2004’’. Brown (SC) Diaz-Balart, L. Hayworth Jackson (IL) Sanders The CHAIRMAN. Are there further Brown, Corrine Diaz-Balart, M. Hefley Brown-Waite, Dicks Hensarling NOT VOTING—17 amendments to the bill? Ginny Dingell Herger If there are no other amendments, Burgess Doggett Hill Cramer Goss Millender- under the order of the House of June 26, Burns Dooley (CA) Hinchey Crane Gutierrez McDonald 2003, the Committee rises. Burr Doolittle Hinojosa Flake Harman Owens Burton (IN) Doyle Hobson Frost Hastings (FL) Pickering Accordingly the Committee rose; and Buyer Dreier Hoeffel Gephardt Lipinski Rush the Speaker pro tempore (Mr. TERRY) Calvert Duncan Hoekstra Gibbons McKeon Sandlin

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.020 H08PT1 H6320 CONGRESSIONAL RECORD — HOUSE July 8, 2003

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fletcher Lewis (GA) Rohrabacher NOT VOTING—19 Foley Lewis (KY) Ros-Lehtinen The SPEAKER pro tempore (Mr. Burns Goss Millender- Forbes Linder Ross Cox Gutierrez McDonald TERRY) (during the vote). Members are Ford LoBiondo Rothman Cramer Harman Owens advised that there are 2 minutes left in Fossella Lofgren Roybal-Allard Flake Hastings (FL) Pickering Frank (MA) Lowey Royce this vote. Frost Lipinski Rush Franks (AZ) Lucas (KY) Ruppersberger Gephardt McKeon Sandlin b 1918 Frelinghuysen Lucas (OK) Ryan (OH) Gibbons Schakowsky Gallegly Lynch Ryan (WI) So the bill was passed. Garrett (NJ) Majette Ryun (KS) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Gerlach Maloney Sabo The SPEAKER pro tempore (Mr. Gilchrest Manzullo Sanchez, Linda as above recorded. TERRY). There are 2 minutes left in this A motion to reconsider was laid on Gillmor Markey T. Gingrey Marshall Sanchez, Loretta vote. the table. Gonzalez Matheson Sanders Goode Matsui b 1935 f Saxton Goodlatte McCarthy (MO) Schiff So (two-thirds having voted in favor PERSONAL EXPLANATION Gordon McCarthy (NY) Schrock Granger McCollum Scott (GA) thereof) the rules were suspended and Mr. CRANE. Mr. Speaker, my return flight to Graves McCotter Scott (VA) the bill was passed. Washington was unavoidably detained due to Green (TX) McCrery Sensenbrenner The result of the vote was announced Green (WI) McDermott Serrano as above recorded. inclement weather, and I therefore missed two Greenwood McGovern Sessions A motion to reconsider was laid on votes this evening. I ask that the CONGRES- Grijalva McHugh Shadegg SIONAL RECORD reflect that had I been here, I Gutknecht McInnis Shaw the table. Hall McIntyre would have voted ‘‘no’’ on rollcall vote No. Shays f Harris McNulty Sherman 334, the Hostettler Amendment, and ‘‘aye’’ on Hart Meehan Sherwood REMOVAL OF NAME OF MEMBER rollcall vote No. 335, final passage of H.R. Hastings (WA) Meek (FL) Shimkus Hayes Meeks (NY) AS COSPONSOR OF H.R. 1063 2658. Shuster Hayworth Menendez Simmons f Hefley Mica Mr. PALLONE. Mr. Speaker, I ask Simpson Hensarling Michaud unanimous consent that my name be Skelton GARNER E. SHRIVER POST OFFICE Herger Miller (FL) Slaughter removed from the list of cosponsors for Hill Miller (MI) BUILDING Smith (MI) H.R. 1063. Hinchey Miller (NC) The SPEAKER pro tempore. The Hinojosa Miller, Gary Smith (NJ) The SPEAKER pro tempore. Is there pending business is the question of sus- Hobson Miller, George Smith (TX) objection to the request of the gen- Hoeffel Mollohan Smith (WA) pending the rules and passing the bill, Snyder tleman from New Jersey? Hoekstra Moore There was no objection. H.R. 1761. Holden Moran (KS) Solis The Clerk read the title of the bill. Holt Moran (VA) Souder f The SPEAKER pro tempore. The Honda Murphy Spratt question is on the motion offered by Hooley (OR) Murtha Stark SPECIAL ORDERS Hostettler Musgrave Stearns the gentleman from Virginia (Mr. TOM Houghton Myrick Stenholm The SPEAKER pro tempore (Mr. DAVIS) that the House suspend the Hoyer Nadler Strickland GERLACH). Under the Speaker’s an- rules and pass the bill, H.R. 1761, on Hulshof Napolitano Stupak nounced policy of January 7, 2003, and which the yeas and nays are ordered. Hunter Neal (MA) Sullivan Hyde Nethercutt Sweeney under a previous order of the House, The vote was taken by electronic de- Inslee Neugebauer Tancredo the following Members will be recog- vice, and there were—yeas 415, nays 0, Isakson Ney Tanner nized for 5 minutes each. not voting 19, as follows: Israel Northup Tauscher Issa Norwood Tauzin f [Roll No. 336] Istook Nunes Taylor (MS) The SPEAKER pro tempore. Under a YEAS—415 Jackson (IL) Nussle Taylor (NC) Jackson-Lee Oberstar previous order of the House, the gen- Abercrombie Bradley (NH) Cunningham Terry (TX) Obey tleman from Oregon (Mr. DEFAZIO) is Ackerman Brady (PA) Davis (AL) Thomas Janklow Olver Aderholt Brady (TX) Davis (CA) Thompson (CA) recognized for 5 minutes. Jefferson Ortiz Akin Brown (OH) Davis (FL) Thompson (MS) (Mr. DEFAZIO addressed the House. Jenkins Osborne Alexander Brown (SC) Davis (IL) Thornberry John Ose His remarks will appear hereafter in Allen Brown, Corrine Davis (TN) Tiahrt Johnson (CT) Otter the Extensions of Remarks.) Andrews Brown-Waite, Davis, Jo Ann Tiberi Johnson (IL) Oxley Baca Ginny Davis, Tom Tierney Johnson, E. B. Pallone f Bachus Burgess Deal (GA) Toomey Johnson, Sam Pascrell Baird Burr DeFazio Towns The SPEAKER pro tempore. Under a Jones (NC) Pastor Baker Burton (IN) DeGette Turner (OH) previous order of the House, the gen- Jones (OH) Paul Baldwin Buyer Delahunt Turner (TX) URTON Kanjorski Payne tleman from Indiana (Mr. B ) is Ballance Calvert DeLauro Udall (CO) Kaptur Pearce recognized for 5 minutes. Ballenger Camp DeLay Udall (NM) Keller Pelosi (Mr. BURTON of Indiana addressed Barrett (SC) Cannon DeMint Upton Kelly Pence Bartlett (MD) Cantor Deutsch Van Hollen the House. His remarks will appear Barton (TX) Capito Diaz-Balart, L. Kennedy (MN) Peterson (MN) Kennedy (RI) Peterson (PA) Velazquez hereafter in the Extensions of Re- Bass Capps Diaz-Balart, M. Visclosky Beauprez Capuano Dicks Kildee Petri marks.) Kilpatrick Pitts Vitter Becerra Cardin Dingell Walden (OR) f Bell Kind Platts Cardoza Doggett Walsh Bereuter Carson (IN) Dooley (CA) King (IA) Pombo Wamp TRIBUTE TO NORMA KIPNIS- Berkley Carson (OK) Doolittle King (NY) Pomeroy Waters Berman Carter Doyle Kingston Porter WILSON Watson Berry Case Dreier Kirk Portman Watt The SPEAKER pro tempore. Under a Biggert Castle Duncan Kleczka Price (NC) Waxman Bilirakis Chabot Dunn Kline Pryce (OH) previous order of the House, the gentle- Bishop (GA) Chocola Edwards Knollenberg Putnam Weiner woman from Florida (Ms. ROS- Weldon (FL) Bishop (NY) Clay Ehlers Kolbe Quinn LEHTINEN) is recognized for 5 minutes. Weldon (PA) Bishop (UT) Clyburn Emanuel Kucinich Radanovich Ms. ROS-LEHTINEN. Mr. Speaker, I Blackburn Coble Emerson LaHood Rahall Weller Blumenauer Cole Engel Lampson Ramstad Wexler stand before the House today com- Blunt Collins English Langevin Rangel Whitfield pelled to share the inspirational story Boehlert Conyers Eshoo Lantos Regula Wicker of a most extraordinary constituent. Boehner Cooper Etheridge Larsen (WA) Rehberg Wilson (NM) Bonilla Costello Evans Larson (CT) Renzi Wilson (SC) At 75 years of age, Norma Kipnis-Wil- Bonner Crane Everett Latham Reyes Wolf son remains a dynamic philanthropic Bono Crenshaw Farr LaTourette Reynolds Woolsey force in the wonderful Miami-Dade Boozman Crowley Fattah Leach Rodriguez Wu County community which I am proud Boswell Cubin Feeney Lee Rogers (AL) Wynn Boucher Culberson Ferguson Levin Rogers (KY) Young (AK) to represent. Norma fondly recalls Boyd Cummings Filner Lewis (CA) Rogers (MI) Young (FL) making flower wreaths for the USO

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.072 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6321 during the Second World War, and in board of directors. Through her in- chronically hungry. At least 25 percent her own words reflects, ‘‘I have always volvement with the Jewish Federation, of the world’s undernourished people been an activist. I am a patriot, great- Norma developed the Lion of Judah live in this region. Millions of Africans, ly influenced by my being born on the pin, which signifies outstanding gen- mostly children under the age of 6, die 4th of July.’’ erosity. every year as a result of hunger. Since A native of Jacksonville, Florida, Considering the Lion of Judah to be becoming a Member of Congress, I have Norma came to Miami in 1959. She her greatest contribution, Norma mar- visited Africa a dozen or more times studied at the University of Miami and vels at how her idea has become a be- and have seen both the continent’s later worked as a stockbroker and real nevolent global sorority, over 7,000 problems and its promise. From estate agent. Although always involved strong, helping to raise millions of dol- Zimbabwe to Kenya, Gambia to Cape in service, she entered the business lars every year. Town, I have been both saddened and world more out of necessity. After According to Norma’s son, Captain inspired. gaining financial security, she drove Daniel Carlin Kipnis, ‘‘I have to credit Just 2 weeks ago, I met with the right back into her lifelong passion, ex- her with my becoming a moral per- Gambian President, A.J.J. Jammeh, in tending a caring hand to those less for- son.’’ This is just one example of Nor- my office, and we spoke about how our tunate. ma’s far-reaching influence, an influ- nations can work together to promote According to Norma’s daughter, ence that has helped better many lives economic reform, end conflicts, and Deahni Kipnis, philanthropy runs in and has inspired many others to adopt build sustainable peace. We also dis- her blood. In the late 1970s, Norma pio- the cause of community service as cussed our partnership against crime neered gender equality on the Univer- their own. In the words of her lifelong and terror, which know no borders. I sity of Miami’s campus by breaking friend, Roxcy Bolton, ‘‘Norma cares welcome the President’s courage and into that institution’s male-dominated about the human race and cares about farsightedness in supporting the demo- board of trustees. ‘‘It was wonderful to Israel.’’ cratic institutions and accountable Norma is also a tough survivor, re- be a part of this change,’’ she recalls. government. There is an opportunity cently triumphing in her battle against Deahni feels very grateful to her mom to build a true partnership between the cancer. Never complaining about her and remembers her mother’s advice. United States and Africa, to leave be- pain, she continued to attend board ‘‘Don’t ever learn how to type or take hind the attitudes and habits of the meetings at Jackson Memorial Hos- shorthand.’’ In Deahni’s own words, past and seize opportunities to work pital throughout her chemotherapy ‘‘She is a very forward-thinking, mod- together to achieve our shared goals. ern woman.’’ and radiation treatment. Norma Kipnis-Wilson is a remarkable I pledge to work to return American Norma’s son, Dr. Douglas Michael assistance to Africa to its past high Kipnis, adds, ‘‘It is a great honor to woman who has had a profound effect on her immediate community and, in- levels. I join my Congressional Black know that your mother was a pioneer Caucus colleagues in making the case in women’s equality.’’ deed, on the world. In addition to her legacy of uncompromising persever- to the American people that Africa’s Deahni, considering her mother’s peace and well-being are closely bound struggle for female ascendancy, recalls ance in the face of obstacles, Norma encourages the young people of today to our national interests, whether an instance when she observed Norma fighting crime and terrorism or pro- sitting with a female Jackson Memo- with a challenge: Care about others as much as you care about yourself. moting exports and trade. The fight rial Hospital nurse. Deahni promptly against poverty and underdevelopment declared, ‘‘You’re sitting in the pres- Mr. Speaker, I want to congratulate Norma and her entire family for their is a critical part of our struggle of de- ence of a legend. Your life is easier mocracy and stability in Africa. today because of the work my mother selfless contributions to our commu- I am a passionate believer in the has done.’’ nity. After her work at the University of f power of biotechnology to boost food Miami, Norma focused her attention on production and fight hunger in this de- BIOTECHNOLOGY RESEARCH AND veloping world. I know that the Afri- Jackson Memorial Hospital, serving as DEVELOPMENT IN AFRICA the chairman of the board of the Rape can continent is in special need of agri- The SPEAKER pro tempore. Under a Treatment Center. She is also a mem- cultural biotechnology, including previous order of the House, the gentle- ber of the board of the Foundation at transgenic crops. I believe that bio- woman from Texas (Ms. EDDIE BERNICE Jackson, where she raises money for technology is an indispensable tool JOHNSON) is recognized for 5 minutes. that can produce dramatic benefits in many causes, ranging from the renova- Ms. EDDIE BERNICE JOHNSON of tion of the Holtz Children Hospital to food production on the African con- Texas. Mr. Speaker, I appreciate the tinent. funding the Breast and Ovarian Cancer opportunity to be here tonight, and I Center. Biotechnology research has the po- want to especially thank my good tential to help the nations of Africa in- According to Norma’s son Douglas, friend, the gentleman from Maryland ‘‘She works effortlessly for the masses, crease food security and improve the (Mr. CUMMINGS), the chairman of the people she will never see; but she quality and nutritional content of food. Congressional Black Caucus, as well as Additionally, biotechnology can also knows that they will benefit from her the gentleman from New Jersey (Mr. work.’’ improve the health of citizens of devel- PAYNE) for bringing us together to- Striving to better her community, oping African countries by combating night to talk about Africa. Norma Kipnis-Wilson, with her col- illness. Substantial progress has been The United States’ focus on Africa made in the developed world on vac- league Rosey Cancella, founded the has been sporadic at best, despite our Guardian Angels, an organization dedi- cines against life-threatening illnesses. extensive ties to the continent. I Unfortunately, infrastructure limita- cated to lovingly supporting sick kids strongly believe that our past, present, at the Holtz Children’s Hospital. tions often hinder the effectiveness of and future is closely intertwined with traditional vaccinations methods in Norma was not content to just sit on a Africa. board; rather, she has always tried to several developing nations. make a difference. b 1945 For example, African clinics some- In addition to her extensive local The United States is the leading for- times lack the electricity necessary to service, Norma Kipnis-Wilson has eign investor in Africa. Last year the properly refrigerate and store vital reached out to the international Jew- total U.S.-African trade approached $30 vaccines. Even if a health clinic is able ish community as a lifetime contrib- billion, and America is Africa’s largest to effectively deliver the vaccines, the utor to and leader of the Greater single market. Over 30,000 Africans cost of multiple needles may hinder Miami Jewish Federation, where she study in America today, and we have vaccination efforts. Additionally, the helps foster support and expedites pro- almost 35 million citizens of African improper use of hypodermic needles grams for Miami-Dade and Israel. In- descent. can spread HIV, the virus that causes deed, Norma has recently been named Mr. Speaker, it is estimated that AIDS. Biotechnology offers the pros- as a life member of that institution’s about 200 million people in Africa are pect of orally delivering vaccines to

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.078 H08PT1 H6322 CONGRESSIONAL RECORD — HOUSE July 8, 2003 immunize against life-threatening ill- Mr. DUNCAN. Mr. Speaker, it seems against the people in either Haiti or nesses through agricultural products in that every day we read about a young Bosnia, but they should pick up their a safe and effective manner. American soldier being killed in Iraq. own garbage and build their own toi- Mr. Speaker, during the 107th Con- Three were killed in a 24-hour period lets. gress we successfully created a com- from Sunday to Monday. In its Novem- Now we are told that the military petitive merit-based grant program at ber 25 issue, ‘‘Fortune’’ magazine, long will build or rebuild 6,000 schools in the National Science Foundation to before the war started, said an Amer- Iraq and give free basic health care to conduct bio genome research on crops ican occupation would be ‘‘prolonged any Iraqis who need it. We will stay in that can be grown in developing coun- and expensive’’ and that it ‘‘could turn Iraq for many years, at great expense tries. I strongly believe this program U.S. troops into sitting ducks for Is- to U.S. citizens, because several large can make invaluable contributions to lamic terrorists.’’ multinational companies will benefit the fight against hunger, malnutrition, Unfortunately, this prediction has from large contracts there. We will and disease by providing research turned out to be deadly accurate. This stay there because all the pressures grants to the U.S. institutions and sci- past Saturday, the top of the front and money and power and glory within entists in developing countries to ad- page of The Washington Post had a the Department of Defense, the State dress their agricultural challenges. headline reading ‘‘Attacks By Iraqi’s Department, the National Security It is my hope that trade disputes be- Growing Bolder.’’ The next day a young Council, and our intelligence agencies tween the United States and the Euro- American soldier was shot in the head are to continue to do more and more in pean Union and the African countries at point blank range as he stood in line other countries. do not prevent this promising tech- to buy a soft drink. These people are not seen as world nology from benefiting ordinary Afri- A few days ago, the leading Shiite statesmen and men and women of ac- cans who face ongoing food shortages cleric, the most respected figure of the tion unless we get involved in every due to agricultural challenges such as largest population group in Iraq, de- dispute around the world. They never pest, drought, and disease. Indeed, the manded that the U.S. get out and leave debate or discuss the merits of all this; continent may be able to reduce de- Iraq to the Iraqis. It is so politically they just label all opponents of an pendency on food aid and increase self- correct today and sounds so fashion- interventionist foreign policy as isola- sufficiency through increased invest- able and intellectual to say that the tionist. However, whenever anyone ment in generic engineering. U.S. will have to be in Iraq for several uses this term, they are simply resort- We cannot hope to combat poverty years and that it will not be easy and ing to mindless name-calling. without winning the war on HIV/AIDS. that we must be prepared for the sac- Now I suppose we are going into the The HIV/AIDS epidemic has killed rifice and the difficulties ahead. chaos in Liberia, as we have Haiti, more people than all of the wars of this Well, someone should ask why. Sad- Rwanda, Somalia, Bosnia, Kosovo, century combined, and it will leave 40 dam Hussein was a very evil man, a ty- Iraq, and Lord knows where next. What we really need are more Calvin million children homeless and or- rant, a dictator; but his total military Coolidges, more people in government phaned by the end of the next decade. budget was only about two-tenths of 1 who believe in a humble foreign policy. The way to beat AIDS is not to ignore percent of ours. He was no threat to us, None of these countries were any or deny it, but to actively prevent it. as this 3-week battle, with almost no threat to us. Should we now change the Countries such as Uganda and Senegal resistance, proved. Our military did a name of the Defense Department to the that have faced the threat squarely great job, as we all knew they would. Department of Foreign Aid or the De- have begun to see reductions in their Now we should bring them home. partment of International Social infection rates. President Eisenhower, as everyone However, in order for these reforms Work? knows, was a retired Army general, a to take place, Africa must have sus- I believe in and have always sup- graduate of West Point. He loved the tainable stability and peace. I have ported a strong national defense, but I military. Yet he warned us as strongly said repeatedly that our involvement do not believe in massive foreign aid. as he possibly could against what he in peacemaking in Afghanistan and Most of our foreign adventures are cre- call the military industrial complex. Iraq, East Timor and elsewhere around ating great resentment toward the U.S. Pressured by this complex, we have the world is not an excuse for inaction around the world. now spent over $100 billion on the oper- in Africa. It is a challenge to do better. The Iraqi people may have hated Sad- ation in Iraq. The Congressional Budg- Crises in Congo, Liberia, or Sudan are dam Hussein, but they do not want serious roadblocks to the way of Afri- et Office originally estimated that a 3- Americans or our puppets running ca’s development, and ending them will month war followed by a 5-year occupa- their country either. They have be crucial to securing long-lasting tion would cost us at least $272 billion. humongous oil wealth. Let them re- prosperity. Most estimate that we will stay in Iraq build their own country. The only One of the areas where the international for 5 to 10 years, at a cost of 200 to $300 Iraqis who want us to stay there are community must improve is in developing the billion, or more. And because we al- the ones we are paying or who believe resources of our African partners—so that we ready face a $400 billion deficit for this they can get money from us in the fu- can move together, quickly and effectively, to year, and hundreds of billions more in ture. prevent and respond to crises. the years ahead, we will have to borrow Our first obligation should be to Mr. Speaker, there is an Arab proverb that the money to do all this. Once again, America citizens, and the lives of says, ‘‘He who drinks of African waters will we should ask: Why? American soldiers should be precious drink again.’’ Africa is too big to ignore, and Already we have had demonstrations to us. Let us bring our troops home be- too rich and too important to be the object of by Iraqi soldiers demanding back pay, fore more and more of them are mur- our pity. Africa matters. We will drink, and and similar demands from Iraqi retir- dered. We can be friends with the Iraqi drink again. ees. Why should Americans taxpayers people without making our soldiers sit- Africans will determine their own fate, but borrow hundreds of billions to pay the ting ducks for Islamic terrorists. our help can make a difference. Our support Iraqi military or Iraqi retirees to re- Mr. Speaker, let us leave Iraq to the for democracy, conflict resolution, market rebuild Iraq? We are jeopardizing the fu- Iraqis. tures of our children and grand- form and sustainable development—these f policies serve our national interest and help children. I believe our Founding Fa- give Africa hope. thers would be shocked if they knew PAYING TRIBUTE TO TOMAS SOTELO, JR. f what we were doing today. I remember reading a few years ago The SPEAKER pro tempore. Under a LEAVE IRAQ TO THE IRAQIS in The Washington Post that we had previous order of the House, the gentle- The SPEAKER pro tempore (Mr. our troops in Haiti picking up garbage woman from Texas (Ms. JACKSON-LEE) GERLACH). Under a previous order of and settling domestic disputes. Later I is recognized for 5 minutes. the House, the gentleman from Ten- read that we had our troops in Bosnia Ms. JACKSON-LEE of Texas. Mr. nessee (Mr. DUNCAN) is recognized for 5 building latrines and giving rabies Speaker, today I rise to pay a post- minutes. shots to Bosnian dogs. I have nothing humous tribute to Tomas Sotelo, Jr.,

VerDate Jan 31 2003 03:37 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.079 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6323 one of the fallen sons of the 18th Con- press on behalf of the United States paying tribute to the life and courage of Army gressional District in Houston, Texas, Congress our deepest sympathy, for on Corporal Tomas Sotelo, Jr.—a true American whose funeral today was commemo- this day there are conflicting emo- hero. rated and celebrated by his family and tions, the emotions of having lost its f friends and by the city and by those fallen son and hero, a recipient of the The SPEAKER pro tempore (Mr. who loved him. Purple Heart and Bronze Medal for his GERLACH). Under a previous order of Tomas Sotelo, Jr., Army corporal, heroic achievements, and, of course, the House, the gentleman from Arizona lost his life in Iraq on June 27, 2003, the ultimate sacrifice. And yet I stand (Mr. KOLBE) is recognized for 5 min- fighting for the values and virtues of here representing the fact that this utes. this Nation. This young man, barely 21 young man, this Army corporal, Tomas (Mr. KOLBE addressed the House. His years old, lost his life in battle. Today Sotelo, Jr., was a hero of the 18th Con- remarks will appear hereafter in the was his funeral at his beloved Reagan gressional District of the State of Extensions of Remarks.) High School, and I had the honor of sa- Texas and, yes, the Nation. And might f luting him at that service. I say as he was a member of the How- The SPEAKER pro tempore. Under a But more than that, I think it is ap- itzer Battery, Squadron 2, Armored previous order of the House, the gen- propriate to come today to raise up Cavalry Regiment from Fort Polk, tleman from Minnesota (Mr. GUT- this young man for he was well ad- Louisiana, that as he lays with the an- KNECHT) is recognized for 5 minutes. mired and respected. In getting to gels, we will not forget him, and we (Mr. GUTKNECHT addressed the know his family during this very trou- will simply thank him and bid farewell House. His remarks will appear here- bling and trying time, I can say they to this young man, dying in the prime after in the Extensions of Remarks.) love this country; and this family gave of his life, being reminded that we will f the ultimate sacrifice, their loving never forget him and that we will con- baby son. tinue to thank his family for the ulti- SOCIAL SECURITY’S COMING Corporal Sotelo is immediately sur- mate sacrifice that they made. CRISIS vived by Mr. and Mrs. Tomas Sotelo, Might I say, Mr. Speaker, in closing The SPEAKER pro tempore. Under a Sr.; his brother, Jose; and his sisters, that he remains a true American hero, previous order of the House, the gen- First Lieutenant Flor Lopez and Erica. and we will tell his story over and over tleman from Michigan (Mr. SMITH) is Sitting in their living room, I got to again so the young people of his high recognized for 5 minutes. know the family and heard them talk school will know that a hero walked Mr. SMITH of Michigan. Mr. Speak- about the love and friendship and fel- this way. er, I rise today to talk about Social Se- lowship that this family engaged in. I Mr. Speaker, I rise today to pay tribute to curity’s coming crisis. The actuaries heard the mother tell me that she had Army Corporal Tomas Sotelo, Jr., a hero to and trustees of the Social Security Ad- spoken to her son just 3 days before his the people of the 18th Congressional District ministration have long understood, at death, that he always told them that of Texas and to the people of the United least for the last 15 years, the chal- he missed them and he loved them. He States of America. lenges facing our Social Security pro- was never far from their hearts and Corporal Sotelo died last week while val- gram. With the impending retirement minds. iantly serving his country in Operation Iraqi of the large baby-boom generation Mr. Speaker, it is important that we Freedom. Corporal Sotelo served his country starting around 2012, there will be a be reminded as we stand in this body as a member of the Howitzer Battery, 2nd shift in the proportion of workers pay- that we have an obligation to those Squadron, 2nd Armored Cavalry Regiment, ing into Social Security compared to young men and women who now are in from Fort Polk, LA. Corporal Sotelo is also a those retirees drawing benefits. As a Baghdad. We have an obligation to cherished resident of Houston, TX. result, there will not be enough money them to be reminded of their willing- Since his days as a youth in Houston, Cor- as benefits going out will exceed taxes ness without question to give the ulti- poral Sotelo has been dedicated to serving coming in by about 2015. mate sacrifice, and we owe them not Americans as a member of our uniformed Recently I met with White House only the tribute and salute on the day services. He was a member of the Reserve staff and political director Karl Rove of their death and funeral, we owe Officers Training Corps at Reagan High to encourage Presidential leadership them a tribute as we conduct ourselves School in Houston, TX, where he received his and Republicans and Democrats in in determining the future that holds high school degree. Dedicated service runs Congress to deal with the coming cri- for this country and for Iraq. deep in the Sotelo family. Corporal Sotelo’s sis. It is easy to put off. There is even I am told by Tomas’ friends that he sister is a First Lieutenant in the Armed Serv- a greater need to face up to the Social was a person of great humor, always ices as well. Security problem now with the prob- lively and always engaging in some ac- As with every brave member of our military ability of more money being spent for a tivity to make people smile or laugh. who has died in service to our country, the very expensive prescription drug ben- He loved Reagan High School, and United States of America owes Corporal efit that probably is going to be added graduated in the year 2000. He was a Sotelo an immeasurable debt of gratitude. His to Medicare. member of the ROTC. Let me say how willingness to put himself at risk to create a Let me talk about what is happening proud I was to be able to have worked world of peace will never be forgotten. He to the population 65 years old and with the family to hold his funeral made the ultimate sacrifice by giving his life in older. It is going to increase from cur- ceremonies at Reagan High School. I service to our Nation during Operation Iraqi rently 37 million today to 75 million in thank the Houston Independent School Freedom, and he has contributed immeas- 2035 and to 95 million by 2075, so a huge District for their courtesies in making urably to the freedom and security of both Iraq increase in the number of retirees every arrangement for that to be pos- and the world. while the birth rate is going down, so sible today. Corporal Sotelo epitomizes the best of the fewer workers to pay their in taxes to United States of America—bravery, selfless cover those benefits. This population 2000 b service, dedication, and honor. Corporal will grow much faster than the workers Let me acknowledge his grand- Sotelo possessed all of these attributes, and due to increased life expectancy for parents, who traveled more than 24 many more, in abundance. Corporal Sotelo’s seniors and lower birth rates. Because hours by bus from Mexico to be with life and sacrifice should be celebrated by all Social Security is a pay-as-you-go sys- his family. And let me acknowledge Americans, and his contribution to this country tem, with workers’ payroll taxes going the fact that though this family may should be remembered always. He will truly immediately to pay benefits to seniors, not have had its original origins in this be missed. these demographic changes are going Nation, they stand equal to any of us To the family of Corporal Sotelo, I extend to lead to the program’s insolvency in by having given the ultimate sacrifice, my deepest condolences and sorrow at the a little over 10 years unless something the loss of their young and their most loss of their loved one. The memory of his is done. beloved son. bright life will remain an inspiration to all of us. The options for Social Security are So, Mr. Speaker, it is with great So today, Mr. Speaker, I ask every Member straightforward, I think. We can in- humbleness, great sorrow that I ex- of Congress, and every American to join me in crease payroll taxes, which are already

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.081 H08PT1 H6324 CONGRESSIONAL RECORD — HOUSE July 8, 2003 too high. Seventy-five percent of AFRICA in and assist. People are in the streets American workers now pay more in the The SPEAKER pro tempore. Under with American flags and signs asking payroll taxes than they do the income the Speaker’s announced policy of Jan- President Bush and Secretary of State taxes. We can cut benefits, or, instead uary 7, 2003, the gentleman from New Colin Powell to come to their aid, and of using all the extra money coming in Jersey (Mr. PAYNE) is recognized for 60 people are saying, why should we be now from Social Security taxes for minutes as the designee of the minor- concerned about Liberia? There are 50 other government spending, get a real ity leader. sub-Saharan African countries on the rate of return on payroll taxes we al- Mr. PAYNE. Mr. Speaker, we are continent. Why should we be con- ready collect. members of the Congressional Black cerned? It is obvious, to me at least, that the Caucus here tonight, and we stand here I think many of our citizens in this last option is best, but it cannot work tonight to speak on the state of Africa country and it appears many of our unless we give money time to grow as the first day of President Bush’s trip lawmakers in the House and in the with interest. If we wait another dec- concludes. The President’s trip shows a Senate have no knowledge at all of ade to act, there will be no choice but level of commitment that surprised where Liberia’s beginning came from. to take drastic action. many of us when we read in the news- It was in 1822 that President Monroe, I have introduced my own reform paper that he was intending to visit Af- the Monroe document, President Mon- proposals in each of my last five terms rica, but African journalists recently roe said that we should have a return in Congress. They have been based on said Africa appreciates the words, but to Africa movement and free black slowing down the increase in benefits is awaiting the deeds. men. Many people have the opinion for high-income retirees and having a Many people have written Africa off that these were simply illiterate real rate of return on some of that as a place that has too many grave extra money coming in. I am working slaves, ex-slaves that went to Liberia, problems, and that it is irrelevant to on the final aspects of this year’s bill, but these were free men, some slaves, the United States’ interest. Indeed, which I plan to introduce in the next 2 but free men, lawyers and businessmen, there are still a lot of people whose weeks, and as I finalize provisions to who went to Liberia to start that coun- views of Africa are certainly limited by make the system more fair for women try in 1822. And in 1847, Liberia became disasters and civil wars. However, en- in this bill. a republic, started by African Ameri- One thing I have learned over the gagement with Africa is a vital U.S. in- cans who returned to Africa, to Libe- last decade is that time is running out terest. From the war on terrorism to ria, to start this republic. for reasonable solutions. As I have in- the supply of critical resources, from Their Constitution was based after troduced each new bill in each new ses- the campaign against threatening dis- the United States Constitution. Their sion of Congress, the way to solve the eases to the opportunities for economic laws were based on laws of the United problem has been more drastic as we trade and investment, Africa is a glob- States of America. There were very have been giving up the extra funds al player. We ignore the continent at strong ties between the United States coming into Social Security that are our own peril. and Liberia. In World War II, the West dwindling, that are running out. It is If we had paid a little more attention African country allowed American this situation that gives me such a to Africa and Sudan, where Osama bin troops to be positioned on their soil. sense of urgency to act so we can avoid Laden lived from 1993 to 1997, recruit- Again during the Cold War Liberia was burdening our children and grand- ing and planning the al Qaeda move- an important ally when it served as a children with more debt, more taxes, ments that terrorized our U.S. Embas- leading U.S. base for intelligence activ- and a failing Social Security system. sies in Kenya and Tanzania and then ity against Moammar Ghadafi of Libya Many people are concerned that a So- went on to organize the Taliban and to and other threats to the United States. cial Security system with worker- have havoc wreaked through Afghani- Even Samuel Doe, even though he owned accounts is unsafe because peo- stan, if we had paid attention to Afri- came to power in a bloody coup, the ple might invest poorly or lose their ca, if we had looked at some of the re- United States in the midst of the Cold savings. I have studied the problem as quests for us to intervene in some way War supported the government because chairman of the bipartisan Social Se- by assisting John Garang and the Su- Liberia served such a great interest to curity Task Force and think that in- danese Liberation Movement with the United States during World War II vestments can be limited and protected trucks and telephone equipment and when the Pacific region was cut off for as they have been in other countries other things they were appealing to, rubber supplies. Liberia with Goodyear such as Britain, Australia, New Zea- perhaps Osama bin Laden would have Rubber Company that had been estab- land, Chile. My bill requires the gov- been put out of existence, because the lished in Liberia for decades, for per- ernment to start paying back what has liberation movement from John haps close to a century, Liberia was been borrowed from the trust fund, and Garang and his organization could have there to help the U.S. war effort. that current payroll taxes go some- defeated the Khartum government So when people say why should we go place safe, earn interest and end up which gave haven to Hamas and to al there, there are many problems keeping Social Security solvent. Qaeda and many of the other terror- around. We should go there, and the In conclusion, Mr. Speaker, govern- ists. By our ignoring Sudan, where 2 reason that the British have asked us ment officials here in Washington need million persons have died and 4 million to intervene, the reason that President to act on Social Security, but they are have been displaced, where food has Kofi Annan of the United Nations have too often focused on the next election been used as a weapon, if we had de- said the United States should lead a to deal with problems that are still a cided that that was an important coun- peacekeeping force, these are because decade away. The truth is that Social try for us, then we perhaps could have Liberians, the world, look at the Security is headed for a cliff, and if we avoided many of the things that we see United States as the power that could begin to turn and slow down now, we today as our soldiers are in harm’s way come in and change the situation. can avoid it smoothly. If not, a pan- in Iraq and we continue to move icky swerve and screeching brake is through Afghanistan and Africa towns. b 2015 coming. Let us avoid that. Let us stand I will talk briefly between our speak- So I wanted to give that brief back- up to our responsibility and deal with ers, but I do want to quickly bring ground of the country of Liberia and to Social Security. focus to our main concern, my main say that is why this particular country f concern tonight, and that is the situa- is different, if we want to remove our- The SPEAKER pro tempore. Under a tion in Liberia. On July 2, I wrote a selves from other countries in Africa. previous order of the House, the gen- letter to our Secretary of State and a As I conclude my portion and will tleman from North Carolina (Mr. week before that had the opportunity yield to the chairman of the Congres- JONES) is recognized for 5 minutes. to be in his presence and asked the Sec- sional Black Caucus, I would like to (Mr. JONES of North Carolina ad- retary of State if attention could be say that in Sierra Leone currently the dressed the House. His remarks will ap- given by the Bush administration to British went in. They went in and they pear hereafter in the Extensions of Re- the country of Liberia. First of all, the prevented the RUF, the terrible group marks.) Liberians have been asking us to come that terrorized people in Sierra Leone,

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.085 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6325 the British went in, because that was a May, Mr. Speaker, several members of Before I close, Mr. Speaker, I must former colony of theirs, and they made the Congressional Black Caucus visited mention the issues of conflict resolu- peace; and now Sierra Leone is on a the nation of Nigeria on the West Coast tion, hunger and disease in Africa. peaceful track. of Africa. These distinguished members Quite simply, Mr. Speaker, the vio- In Cote d’Ivoire, the French troops included the gentleman from New Jer- lence and civil war that has torn so went in several months ago because of sey (Mr. PAYNE), the gentleman from many countries apart, displaced hun- disorder there, and they have saved Louisiana (Mr. JEFFERSON), the gentle- dreds of thousands of families, killed thousands of lives and are still there. woman from Michigan (Ms. KIL- countless others, and, in my opinion, is Just last week, the French, British PATRICK), the gentlewoman from Texas one of the biggest impediments to and Belgian troops went into Eastern (Ms. JACKSON-LEE), the gentlewoman progress on the continent, must end. Congo, the city of Bunia, where there from Florida (Ms. CORRINE BROWN), and The people and governments of Africa had been a civil strife between two eth- the gentleman from Florida (Mr. need to know that it is difficult to nic groups. The French came in and MEEK). Although we mainly went there make progress if we do not have an end said that this must stop, we are coming to attend the presidential inauguration to war and an end to violence. in; we give you 3 days to get out. And of the Nigerian President, Obasanjo, we The United States also has a role and they have saved thousands of lives just gained some valuable insights from our our government and State Department last week. visit. should put forward every effort to help So why the United States? Why Libe- The people of Nigeria admire the peo- bring an end to the wars and conflicts ria? We are in Iraq right now and are ple of the United States for how our de- that trouble so many African coun- receiving a terrible time. It is because mocracy works. They also admire our tries. The Congressional Black Caucus we are being asked. President Taylor form of government. As such, they ex- will also continue our efforts in this re- pressed shock regarding the controver- said he will step down, he will leave the gard. country. We could really save lives sies surrounding the 2000 Presidential I agree with the gentleman from New elections. They also noted their dis- there. It is a totally different situa- Jersey (Mr. PAYNE); and I applaud him tion. appointment regarding the gradual de- for all of his efforts over the last sev- With that, it gives me a great deal of cline in civil liberty protections post-9/ eral years with regard to Liberia, and pleasure to yield to the chairman of 11. In this regard, many of these citi- wholeheartedly support his opinion and zens and government officials pleaded the Congressional Black Caucus, the his conclusions that we must have with us to defend the true meaning of gentleman from Maryland (Mr. peacekeeping forces from the United our democracy because, as they put it, CUMMINGS), who has done an out- States in Liberia. standing job in his chairmanship of the the best way to impact the world is With regard to hunger, the Congres- Congressional Black Caucus, bringing through what America stands for, not sional Black Caucus has been at the us to the floor on every important by using our unilateral force as the forefront of advocating for hunger re- world’s only superpower. issue to America in general and Afri- lief efforts all around the world, and we But this feeling is not just present in can Americans in particular. will continue to press the issue. In a Nigeria. The many countries of Africa, Mr. CUMMINGS. Mr. Speaker, I want 54 in all, their governments and the world with plenty of food for everyone, to thank the gentleman for yielding. I people of Africa are looking to the we have a moral obligation to feed want to also thank the gentleman for United States for leadership and a real those who are hungry. I am so honored his leadership. It is no doubt, Mr. partnership. They do not just want that our former colleague, Congress- Speaker, that the gentleman from New rhetoric. woman Clayton, has continued her bat- Jersey (Mr. PAYNE) is by far the most Contrary to what many people be- tle against hunger around the world expert in the Congress on Africa and lieve, the people of Africa do not want since leaving the Congress at the international affairs. His expertise cer- aid or a handout. What they want is op- United Nations Food and Agricultural tainly extends to Europe, Asia, Latin portunity for a level playing field from Organization in Rome. America and the Caribbean, just to the United States, Europe, the World Finally, Mr. Speaker, the medical name a few places around the world. Bank and the International Monetary diseases. HIV/AIDS, malaria, tuber- His expertise is invaluable; and he is a Fund as they pursue economic culosis and countless other diseases very, very valuable asset to both the progress. that plague millions of Africans must Congressional Black Caucus and this For many countries, the over- be addressed. The Congress, following Congress. whelming financial debt from loans years of advocacy by the Congressional I have often said of the gentleman that were in some cases misused by Black Caucus, passed what I would from New Jersey (Mr. PAYNE) that so governments in Africa is now stifling characterize as a 5-year, $15 billion often people, Mr. Speaker, determine the economic progress of these coun- down payment toward addressing these their response to a crisis by whether tries. The payments on these debts are diseases in Africa. Now we must actu- they will be uncomfortable. The gen- also diverting significant funds away ally come up with the actual funding tleman from New Jersey (Mr. PAYNE) from infrastructure improvements, to make this commitment a reality. consistently travels around the globe, education and other health needs for The world is watching, and we must not concerned about his comfort, but the people of Africa. provide the resources to eradicate more concerned about the comfort of Through all of this, though, Mr. these diseases. those he touches. So I want to thank Speaker, the people of Africa are cau- So, Mr. Speaker, I call on this Con- the gentleman for leading our discus- tiously hopeful about the future. The gress and this country to renew our sion this evening. African Growth and Opportunity Act, commitment to working with the peo- Mr. Speaker, I am pleased to come to AGOA, legislation that was signed into ple of the great continent of Africa for the floor this evening to discuss the law by President Clinton, embodies the our mutual benefit. As I have said, it is state of Africa. Africa deserves and philosophy that the United States, as in our national security and our stra- America needs a real strategic alliance the world’s largest and most techno- tegic interests for the continent of Af- with the continent of Africa. It is in logically advanced economy, can and rica to succeed and prosper in our glob- the national security of the United should do more to contribute to Afri- al community. States for us to have a strategic alli- ca’s economic development. It is one of I also take a moment, Mr. Speaker, ance with this great continent. the most significant pieces of legisla- to thank all the members of the Con- Just some brief facts: Africa is the tion on Africa to be enacted into law in gressional Black Caucus who have second largest continent in the world, many years. Now the continued imple- taken time out tonight to express their behind Asia. There are 54 countries in mentation and expansion of AGOA of- feelings about Africa and for their hard Africa. The population of the continent fers our country an opportunity to con- work over and over and over again, giv- exceeds 770 million people. sider how this Nation can construct a ing their blood, sweat and tears to lift Mr. Speaker, the economic potential comprehensive African policy that will up the people of Africa. and the natural beauty of the con- facilitate Africa’s success in the 21st Mr. PAYNE. Mr. Speaker, let me tinent is extraordinary. Just this past century. thank the gentleman from Baltimore

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.088 H08PT1 H6326 CONGRESSIONAL RECORD — HOUSE July 8, 2003 for those remarks. As he has indicated, workers say that up to 1 million Libe- the country legally, and has now had for example, in 2002, the United States rians may end up displaced. an indictment on the former President exports to Africa totaled over $5.8 bil- This recent conflict is nothing new. Chiluba to look at the books to see if lion, while the U.S. imported over $18 This is a country that has been suf- there was illegal activities. billion from Africa, more than all of fering from civil war for years. About This is a new breed of African lead- the USSR put together, including Rus- 200,000 Liberians died in fighting during ers. In Ghana, the popular President sia. So many people do not realize the 7 years of war in the 1990s. We have Rollins stepped down after two terms. importance of Africa to the U.S. been successful in drawing attention, He could have run again and probably While oil is clearly a source of U.S. thanks to the leadership of the Con- gotten reelected. President Moya, after interest, it is also something that must gressional Black Caucus and others, many years being the Vice President be dealt with closely and carefully as both nationally and internationally. under General Uhuru Kenyatta during we discover new finds of oil. The Chaad The CBC has been strong in its ef- the first movement of the Mau Maus in Cameroon pipeline, in addition to Nige- forts to encourage the Bush adminis- Kenya where colonialism was fought, ria and other places in Africa, 16 per- tration that the United States play an stepped down. And, as a matter of fact, cent of U.S. consumption of oil comes active role in the conflict in Liberia, the grandchild of former President from Africa today; and it will grow to especially before it spreads to other na- Kenyatta was the candidate and sup- 20 percent in the next 5 years. It may tions in West Africa. We do not want posedly was supposed to win as a mem- exceed the point of being one-fourth, or this fighting to spread to other West ber of the Kenya Party. However, he 25 percent, of oil imports. So Africa is African countries. was defeated because people wanted a extremely important to the United Let me repeat that. Liberia is now new life, and it went on well. In South States. making headlines in newspaper and TV Africa we saw Mr. Mandela change Mr. Speaker, at this time I would news across the country, making peo- from a white majority government. like to yield to the gentlewoman from ple around the United States aware of So there are successes in Africa. In Florida (Ms. CORRINE BROWN) who 2 the conflict and forcing the adminis- Timbuktu in Mali we have seen great weeks ago helped organize a rally of Li- tration to put it on their radar screen. strides going on. So we hear about the berian Americans here and has been Recently the U.N. secretary asked the negatives, but so many positive things very vocal on the issue of Liberia. U.S. to play a bigger role. African are happening, and that is why it gives Ms. CORRINE BROWN of Florida. countries and others have pledged up me great pleasure to continue our Spe- Mr. Speaker, let me first of all thank to 3,000 troops if the United States cial Order. We will hear now from the the chairman of the Congressional helps out. gentleman from Illinois (Mr. DAVIS) to Black Caucus for his leadership on Af- On all borders of Liberia, the Euro- have his comments. rican issues and particularly on this peans are showing that peacekeeping Mr. DAVIS of Illinois. Mr. Speaker, I Liberian issue; and let me thank the missions can be successful. Clearly, our want to thank the gentleman for yield- gentleman from New Jersey (Mr. Nation plays an influential role in ing. I also want to commend the gen- PAYNE), who has been one of the lead- world politics. We saw that many times tleman from Maryland (Mr. CUMMINGS) ers in the Congressional Black Caucus in the past and recently in Europe. for the tremendous leadership that he and Chair of our African sub- And, remember, the State Department, continues to display as he projects committee, for his leadership. when they argued for intervention for a The Bush administration sent troops thoughts, ideas, and helps to focus the European country, they always say it activities of the caucus. to Iraq, for, so they claim, so they is for humanitarian reasons. claim, humanitarian reasons. Our I would agree with the gentleman troops went over there to alleviate the b 2030 from New Jersey that Africa is indeed suffering of the Iraqi people, to liberate We do not want it to spread to other changing, and that change is seen the Iraqi people from a tyrant, to bring countries. So why should Africa be throughout the continent in many justice to the people of that nation, so given the same treatment? The situa- places that one goes. But even as the they claim. tion in Liberia is critical, and this is a changes occur, problems have been so At this very moment, leaders in the perfect time for the United States to profound and so severe until it is dif- United Nations, leaders in various Afri- play a leading role in bringing about an ficult to stabilize, it is difficult to have can nations, members of the Congres- end to the misery and suffering of the the kind of economy, it is difficult to sional Black Caucus, members of the Liberian people. have the opportunities to grow and de- human rights community worldwide, In closing, my favorite scripture is velop, and that is one of the reasons are pleading with the President to send ‘‘To whom God has given much, much why we continue to have instability, peacekeeping troops to Liberia. Yet the is expected.’’ We are expecting that the one of the reasons why we see the in- President set off for Africa without any administration will come forward and ability to shape governments and hold intentions of even visiting Liberia and help the suffering Liberian people. those firmly in place. without bothering to consult with Mr. PAYNE. Mr. Speaker, I thank I would also agree with my col- members of the Congressional Black the gentlewoman for her continued leagues who have suggested that if we Caucus about his trip, many of whom support. can spend much of our time, energy, have worked on issues pertaining to Af- Democracy is moving through Africa. and effort trying to make sure that rica for decades. Mr. Speaker, 1990 saw the spread of de- there is a world order with peace and As you know, Liberia has always mocracy in many African countries security, then the African continent is been a faithful ally of the United once dominated by military dictators. one of those places where our resources States. Both nations share close his- As the chairman of the Congressional and our efforts are needed most. toric ties. Liberia in fact was founded Black Caucus indicated, many of us re- Yes, I am in agreement that we need by free slaves from the United States cently went on May 29 and spent sev- to intervene in Liberia, and we need to in 1820. The capital, Monrovia, is eral days in Nigeria to see the reelec- do it immediately. We need to do it named after a United States President, tion and inauguration of President now. We need to make sure that there James Monroe. Obasanjo. It was Moshood Abiola that are peacekeeping forces. We also have Unfortunately, the situation in Libe- started the democracy movement, but to make sure that we do it with a level ria has turned chaotic. Non-emergency it took General Abubakar to say, the of sensitivity, that we do it with a staff at the United States embassy time is up, and now we saw the election level of humaneness, that we do it in were evacuated when fighting broke of President Obasanjo. such a way that we do not overshadow, out in the capital between government We saw in Zambia’s recent elections overpower; and that we make sure that troops and rebels. Hundreds of Libe- where the former President and mem- the local indigenous people have con- rians have been killed and thousands ber of the same party as the new Presi- trol of the operation and further devel- have been wounded. The fighting is not dent was elected, who said he wanted opment of their government, and that over. Tens of thousands of others have the courts to look into the books to see they continue to be liberated and be been driven from their homes and aid whether the former President had run able to produce for themselves the kind

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.090 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6327 of government and the kind of govern- the United States that engaged in this home to the President the importance mental structures that they find desir- deplorable, despicable institution for of following through on his welcomed able. hundreds of years. rhetoric with real dollars. We need him So, I say to the gentleman from New It is extremely important that the to exert the power of his office to en- Jersey, I am pleased to have been able President understand the history of sure that the HIV/AIDS initiative, the to join with him and other colleagues slavery. It is also extremely important Millennium Challenge Account, and to come and simply say that the time because the vestiges of slavery are still other promises for foreign assistance is now. It is critical that intervention with us in the United States. On Goree and development aid will be fully fund- must come immediately before things Island, President Bush stated that his- ed. He must support our request for a escalate and before they reach other tory moves in the direction of justice. supplemental appropriation to meet countries surrounding Liberia. So I But then I had to ask myself, why does the meager, which is really meager, $3 thank the gentleman again for his tre- he oppose affirmative action? billion authorization with regard to mendous effort and for his leadership. So let us just look at the facts for a the HIV/AIDS pandemic. Mr. PAYNE. Mr. Speaker, let me minute. African Americans’ income is Goree Island was the start of a ter- thank the gentleman from Illinois for lower than that of whites. Black Amer- rible journey for our African ancestors. his long years of government service in icans have fewer assets and experience Hopefully, it will be the start of a jour- the great State of Illinois, and we look far higher unemployment. Economic ney of enlightenment for this Amer- for his continued support. injustices have persisted long after ican President. Mr. Speaker, I yield to the gentle- emancipation. African Americans, on There is an Akan word called woman from California (Ms. LEE), a average, make 95 cents for every dollar ‘‘Sankofa.’’ This means that we must real fighter on HIV and AIDS, and a earned by whites doing exactly the go back and reclaim our past so, of person who has served as an aide to the same jobs. course, that we can move forward, so former Congressman and took over These disparities in the workplace we can understand why and how we from Congressman Dellums and made and on the unemployment line are came to be who we are today. When Af- her own footsteps; smaller feet, but echoed in the health care system. Afri- rican men, women, and children were very pronounced footsteps. can Americans are less likely to have dragged into the Slave House at Goree Ms. LEE. Mr. Speaker, I thank the health insurance and receive poor Island where the President was today, gentleman and commend him for his health care when they do finally see they went through the door of no re- consistent leadership, his vision and doctors. As a result, of course, our lives turn. As the word ‘‘Sankofa’’ evokes, his real purpose as a Member of Con- are shorter. we have to understand that journey. gress in terms of really making sure In this country, life expectancy pro- This President must understand that that this Congress understands the jections are profoundly shaped by race. journey, and he has to understand what connection between our United States Racial disparities literally follow a destination we have reached in the foreign and domestic policy, especially cradle-to-grave cycle, beginning with United States and in Africa, and how as it relates to Africa. infant mortality, continuing with far we still have to go. Mr. Speaker, as we have been dis- workplace hazards and increased expo- I close by thanking all of the Con- cussing Africa this evening, I am re- sure to toxins, and ending with dis- gressional Black Caucus members who minded now of the first day that the parate access to health care, diagnosis, have come before all of us in this Con- President has had in Africa. Now, let and medical treatment. gress, who help strengthen the bond be- me just say, I believe it is always help- Asthma, one of our latest epidemics, tween Africans and African Americans, ful when the President of the United is one more example of racial dispari- who represented the voice of Africans States really visits neglected parts of ties in health care. Death rates from who were left out of the democratic the world, especially Africa. So I am asthma and a host of other treatable process here in our own country in glad that he finally made it. diseases are significantly higher among terms of foreign policymaking. Espe- Now, one of his first stops on this African Americans than any other eth- cially I would just like to thank the trip today was Goree Island off the nic group. African American children great gentleman from the State of coast of Senegal. It is important, I be- are also more likely to suffer from lead Michigan, Congressman Charles Diggs, lieve, that the President saw firsthand poisoning, which can have devastating who not only chaired the Sub- this real jumping-off point to the mur- effects on mental development. More committee on Africa as the first Afri- derous Middle Passage. For centuries, than one out of every four low-income can American Member, but really did millions of Africans were placed in African American children suffers from provide an opportunity and an avenue chains and shipped off to generations of lead poisoning. for other African American staff and enslavement in the United States and Now, some of these realities are re- Members to get involved with inter- elsewhere in the Western Hemisphere, alities that I hope the President really national relations issues, especially re- and I am certain the President under- understands while he is in Africa. lating to the continent of Africa. stands that now. Many of them passed These are still realities of American I also want to thank Congressman through Goree Island on that very ter- life in the 21st century, and these are Ron Dellums and the gentleman from rible journey. Millions upon millions legacies of past oppression and con- Michigan (Mr. CONYERS), who took died along the way. Families were de- tinuing injustice. risks and fought against racist regimes stroyed. Men, women, and children In presenting the Bush administra- in South Africa and Namibia and were locked in chains, forced into the tion’s arguments to the Supreme Court Zimbabwe, even when our own govern- cargo holds of ships, and transported opposing affirmative action on behalf ment supported those policies. We thousands of miles to a life of slavery. of the President, Solicitor General Ted must not forget that, because the Con- They were kidnapped, raped, murdered, Olson called for race-neutral admis- gressional Black Caucus has to move and sold into bondage in an enormous sions policies. That is because the ad- forward, and the President must under- crime against humanity. The bodies of ministration apparently believes we stand that we will not rest until Africa those who died were tossed overboard live in a race-neutral society, but that flourishes, and those who came before as lost cargo. is a dangerous fantasy. It means that us really charted the course. Members But these were human beings. On the administration is blind to the leg- of the Congressional Black Caucus, if it Goree Island, President Bush stood in acy of slavery in our own country and had not been for them, there would be their footsteps, peered into their cells, does not really get what the current no foreign policy as it relates to Africa. and glimpsed the horror that was slav- ramifications are. So I want to thank the gentleman ery. So maybe this visit to Goree Island from New Jersey (Mr. PAYNE) again for This morning the President de- will help the President better under- continuing with that legacy and for nounced slavery as one of the greatest stand the legacies of slavery and rac- continuing to ensure that our Black crimes of history and called it a sin, ism, both in Africa and here at home. Caucus and the entire Congress under- which it was, but he failed to offer an It is my hope that this African trip, stands and really begins to come to apology on behalf of the Government of short though it may be, will also drive grips with the fact that Africa matters

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.091 H08PT1 H6328 CONGRESSIONAL RECORD — HOUSE July 8, 2003 in terms of our policies and our election in a debate that I believe he struggle that Nelson Mandela was in- funding. said something to the effect that we volved in. But he needs to understand why we work so hard to dismantle b 2045 have no strategic interest in Africa and, no, I would not have intervened in apartheid in South Africa. He needs to Mr. PAYNE. Mr. Speaker, let me the genocide that took place up in the understand why we urge this country commend the gentlewoman for the out- Congo there with the Tutsis and the not to support Mobutu, not to have a standing work she has done. Hutus. And so we are perplexed by this puppet up in the Congo that would Quickly, as I talked about how de- visit, that comment; but we are pleased dance to the music of the United mocracy was taking over, we also have also that we have moved this govern- States and kill his own people. seen Africans step up to the plate, the ment to the point where this President We tried to get the Presidents in the Egat process led by President Moi has came forward with significant funding past to understand why we were op- dealt with the problem of Sudan; and for HIV and AIDS in Africa, and we posed to Savimbi that was supported the peace accord, even though fragile, hope that it gets into the budget and by Reagan and others who were up in has been done by the Egat countries of that that funding will become a re- the bush causing displacement in An- Ethiopia and Eritrea. South Africa’s ality. gola. We tried to get them to under- Nelson Mandela took over from the We are perplexed by the recent rev- stand. We visited these places. We have late President of Niari, from Tanzania, elations that, in fact, the President been to Dakar. We have been to Benin. negotiating the Burundi situation made an announcement in his State of We have been to Botswana. We have where now President Thabo Mbeki has the Union that a country in Africa had been in Zimbabwe and Angola and the sent peacekeepers from his country to supplied Saddam Hussein with mate- Democratic Republic of Congo and Burundi to see the new transitional rials for biological warfare. We now Rwanda and many countries in Africa. government, and it is working. know that that is not true, that that We understand. We have seen Nigerians go into Si- statement was not based in fact. And The President of the United States erra Leone and into Liberia, taking while we are pleased that the President needs to talk to the members of the leadership on their own. And so when is providing some funding for HIV and Congressional Black Caucus. We are we say why is the U.S. in Liberia, it is AIDS in Africa, we are perplexed by the pleased that he is now paying attention because of the ties, as I mentioned, the statements and the accusation of the to Liberia, and we believe that Charles British were in Sierra Leone just re- President about a country in Africa Taylor needs to be dealt with. We do cently to save lives, the French in Cote supplying Saddam Hussein with dan- not know if the President is dealing d’Ivoire and in the Congo right now gerous materials, materials for biologi- with him in the proper way. And the with Belgian troops. The Australians cal warfare, and we expect the Presi- President does not know whether or are going into the Somalian islands dent to explain that to us. not he is dealing with him in the prop- right now, as we speak, and we are in The President is visiting South Afri- er way, but he ought to talk with us. East Timor because they are the reca, but the fact of the matter is we do Should he be working out an agree- gional powers. No, we cannot go any- not have, as one of the countries in Af- ment with Obasanjo of Nigeria to give where and everywhere; but I think that rica, we do not have an Africa policy. him asylum? There is a warrant out for Charles with the traditional history between We do not know where the President is Taylor’s arrest. He is responsible for President Monroe, the whole country going with all of this. Today he gave a working with RUF and the chopping off of Liberia, it is the responsibility of stirring speech from Goree. He went to of the limbs of the people of Sierra the U.S. Dakar, to Goree Island where he said Leone and other places. He is respon- Mr. Speaker, I yield to the gentle- he understood what had happened at sible for children being soldiers in the woman from California (Ms. WATERS), Goree Island. He understood that who has done outstanding work for war. He is responsible for the rape and slaves had been sold there, that they the pillage of many people. Should he many years. We all know her. She had been beaten there. They had been not have to stand before the bar of jus- needs no introduction. housed and stored and stacked like ani- tice in the U.N.-supported and -backed Ms. WATERS. Mr. Speaker, I would mals there, and that they had gone court that has a warrant out? Should like to thank the gentleman from New through the door of no return where he be allowed to have asylum and just Jersey (Mr. PAYNE) for his leadership, many of them were simply just dumped go off up into Nigeria somewhere with for his years of commitment to the into the ocean because they were sick the billions of dollars that he has sto- continent and for the constant effort or too weak to be sold into slavery len, the wealth he has reaped from the that he puts forward in this Congress from that point. blood diamonds that came out of Sierra to draw attention to Africa and to try We listened and most of us read very Leone? The President of the United and negotiate funding to help not only carefully the words in that speech. But States needs to talk to the Congres- this administration but past adminis- we are wondering as we stand here sional Black Caucus because we under- trations understand the role we could whether the President truly understand the complications, and we under- truly play in helping Africa to become stands that we are the descendents of stand what has been taking place in the continent that it could truly be- those slaves that he talked about. We many of these spots. We would like to come. wonder if the President really under- engage him on the future of Liberia Now, Mr. Speaker, the eyes of the stands the connection between our and what should happen with Charles world are on Africa. Clearly everyone work and our history. We wonder if the Taylor. We would like to help this is watching because the President of President of the United States truly President to build a real policy for the the United States is visiting five coun- has an appreciation for what we have continent of Africa. tries in Africa. We are pleased that the been trying to do for so many years. Mr. Speaker, we have been working President of the United States has de- Most of the Members of the Congres- on HIV/AIDS, and we are glad that the cided to go to Africa. As a matter of sional Black Caucus have been working President has gotten involved in it and fact, the members of the Congressional on the problems of Africa for years. we will continue to do this work. We Black Caucus truly believe that there Long before I came to the Congress of have got a long way to go. will never be another President, no the United States, I was involved, as I have been involved for years in matter Democrat or Republican, who were others, in trying to dismantle the working on debt relief for Africa. Afri- can avoid Africa. We are very pleased unconscionable apartheid regime of ca needs assistance in many ways, but about the leadership that Bill Clinton South Africa. We worked to free Nelson Africa is rich in resources and talent provided, and we are proud that this Mandela. There are those who are won- that needs to be developed by people President is following in his footsteps. dering why Nelson Mandela may not be who have Africa’s best interest at We are in a state of confusion about meeting with the President on this heart. this President and his policies toward trip. The President certainly needs to Africa has been exploited, not only in Africa. While he is visiting five coun- get to know Nelson Mandela and under- many ways by our own government, by tries in Africa at this time, it was just stand who he is and where he came other governments and other coun- a short while ago right prior to his from. He needs to understand the tries. Everybody comes to Africa to get

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.093 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6329 a little bit of gold and a little bit of President’s agenda. Now perhaps we fornia (Ms. LEE), on HIV/AIDS and the diamonds. Everybody comes for the can do it, and we welcome the oppor- other illnesses plaguing the continent rich resources of Africa without real tunity. and our need to be, at the very least, thought and planning and work for the Mr. President, we are waiting for appropriating the full $15 billion and development of Africa and the utiliza- you. all related funding now, and then to re- tion of those resources for the benefit Mr. PAYNE. Mr. Speaker, let me lease those funds without condition. To of the people. We can do better. thank the gentlewoman from Cali- wait here, as in the case of widespread If this President is not simply read- fornia. As I indicated, she needs no in- starvation, is to wait until it is too ing a speech written for him by others troduction. We appreciate her com- late in the process, and that would in a photo opportunity, talking about ments. mean millions more lives being lost, that which he may not really under- At this time we will hear from the and the cost to bring this global pan- stand, if he really wants to understand gentlewoman from the Virgin Islands demic under control would multiply. what is going on, the President of the (Mrs. CHRISTENSEN), who is, as we Lastly, I want to say a word about United States needs to talk to the know, our health expert, a physician, Liberia, as we in the U.S. Virgin Is- members of the Black Caucus. It seems and a leader on HIV and AIDS and lands have specific ties to that coun- to me that if the President can go to other health issues around the Nation. try, in addition to those shared by Af- five African countries and talk to Afri- Mrs. CHRISTENSEN. Mr. Speaker, I rican Americans here on the mainland, cans about what is going on in Africa, thank the gentleman for yielding to and all Americans. One of our most es- he ought to be able to talk about the me. I thank him as well for putting to- teemed native sons, Edward Wilmot descendents who are here in the United gether this Special Order and for the Blyden, born in St. Thomas, became an States, who are just a few blocks away leadership that he provides to the Cau- important Liberian educator and from him that he refuses to meet with. cus and the Congress on issues con- statesman, having served as Secretary Yes, some of us are concerned about cerning Africa. of State and Ambassador to Britain why the President has not engaged us Mr. Speaker, I want to say something and France from that country in the in any discussion. briefly about three different issues be- 1880s. He also became president of Libe- I do not believe that the President cause of the tremendous and tragic toll ria College. And there were others, would travel to Israel, would take ac- they have taken on the people of the such as Dr. John Moorhead, another of tions on Israel without speaking with countries involved, because they are our local treasures, who lived there the Jewish Members of the Congress of representative of the challenges facing with his family and practiced medicine the United States of America. We need Africa, and also because of the relative during the 1950s. to talk with the President not only indifference of this country and the So I want to join my colleagues on about what he is doing in Liberia, but global community to addressing them. calling on President Bush to work with about the future of that continent and The first is the 5-year civil war in the President Obasanjo while he is in Nige- about the possibility, about the impor- Republic of the Congo, Africa’s third ria to work towards a satisfactory tance, yes, there is oil, and, yes, there largest country and the native country agreement for the departure of Presi- should be the kind of trade relation- of one of my closest friends and med- dent Taylor and peace and recovery for ships that would help us to benefit ical school classmates, Dr. Louis this war-battered and torn country from some of those natural resources Kanda, who often shares the grave con- that we helped to establish. and oil so that we are not dependent cerns he has over the ongoing conflict What I would want to leave my col- just on one section of the world. But and his and the frustration of many leagues with this evening, though, Mr. this will never happen unless we go to others over the lack of attention it has Speaker, is a picture of a continent the continent with good intentions, not received from this country despite re- that is rich not only in natural re- unless we are all engaged as a family peated calls from members of the Con- sources, but also in people and in cul- working in the best interest of our gressional Black Caucus. ture and in spirit. On this continent, country. With many of its bordering countries despite the great and many challenges, I am not happy about the fact that involved in the conflict, it has become democracy is growing, and the stand- the President took this as an oppor- Africa’s first continentwide war. Just ard of life and level of civil liberties tunity to say simply, Mr. Charles Tay- today, The New York Times reported are being raised. Africa needs our sup- lor, I want you out of Liberia within so that an estimated 500 civilians have port, either alone or within the context many hours. That is not the way to been killed in just one province in the of multinational groupings, whatever handle this. We do not want to simply northeastern region between July 2002 the case might require. see American soldiers deployed there. and March 2003. There is elsewhere It is my hope and prayer that not out This should be an international effort. children as young as 10 who have been of interest and what we can get from But there should be international robbed of their childhood and trained Africa, but in the interest of seeing peacekeeping efforts not only in Libe- as guerilla fighters and terrorists. those on that continent who are broth- ria but in Iraq and other places because Mr. Speaker, I join the U.N. Deputy ers and sisters to all of us prosper and we do have to be concerned about High Commissioner Bertie Rancharam develop in ways that are in their best stretching ourselves too far and too in his call for a speedy investigation of interests, and that this country would thin. We do have to be concerned about the massive abuses and appropriate continue to increase involvement protecting our soldiers wherever they intervention in northeastern Congo, begun during the Clinton administra- are. We want to help. We want to help and I would add that this country tion and not just mimic a Presidential frame and shape how that help should should not only support such action, visit. be given. but be fully a part of it. Mr. PAYNE. As we conclude, Mr. With that, I know that there will be I also want to call attention to the Speaker, I do want to acknowledge those who will say perhaps there longstanding drought, severe food that the gentlewoman from Texas (Ms. should be no challenging of the Presi- shortages and suffering of the people of JACKSON-LEE) will be allowed to speak dent at this point, no criticism of the Ethiopia. The groups of caring people for 5 minutes on this Special Order, President at this point while he is trav- raising funds, many of whom are from and we certainly appreciate the par- eling in Africa. If the President wants Ethiopia, can only go so far. Despite ticipation of the members of the Con- to talk about Africa, now is the time donations of wheat and other food gressional Black Caucus. for us all to do it. products from this country and others, We hope our message is getting out Ethiopia still needs much more food. loud and clear. We think that Liberia b 2100 There is no telling when the drought has a special place in this country with We have been working too long and will end, and so the urgency to act and African Americans who feel very close too hard to get this debate on Africa. act appropriately to that need is now. to this situation. Our young men have We have fought and worked. We have I would be remiss if I did not also fought in every war, from Crispus tried to leverage and do everything support the words and works of my col- Attucks, the first person that died in within our power to get Africa on this league, the gentlewoman from Cali- the Revolutionary War, up to just a

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.095 H08PT1 H6330 CONGRESSIONAL RECORD — HOUSE July 8, 2003 week ago, when they buried a young REPORT ON H.R. 2657, LEGISLA- ranking member of the Subcommittee Haitian soldier from my district who TIVE BRANCH APPROPRIATIONS on Africa on the Committee on Inter- was one of the two men who were kid- ACT, 2004 national Relations, and for his leader- napped and murdered. So we have Mr. SESSIONS, from the Committee ship and consciousness about the con- fought in all the wars. on Appropriations, submitted a privi- tinent of Africa. Likewise, let me We hear people say that there should leged report (Rept. No. 108–191) on the thank the chairman of the Congres- be a vote in Congress regarding sending bill (H.R. 2657) making appropriations sional Black Caucus for his wisdom in 2,000 troops to Liberia. We have not for the legislative branch for the fiscal having us be pointed this evening, heard that for the Colombians or for year ending September 30, 2004, and for pointedly speaking about these very Panama. We did not hear that where other purposes, which was referred to vital issues. the President is attempting to go into the Union Calendar and ordered to be Mr. Speaker, I rise on this floor to- the Philippines now. Is there a dif- printed. night to speak globally about what the ferent standard for Africa? Is it that The SPEAKER pro tempore (Mr. continent represents to the United 435 Members must get up and talk GERLACH). Pursuant to clause 1, rule States of America. Besides the histor- about 2,000 troops going into a country XXI, all points of order are reserved on ical perspective of Africa’s desire to be that we founded, that we colonized, the bill. an ally and a friend with the United that we have close ties with, that f States over the years, throughout the asked us to come so that the fighting 20th century, from World War I to will cease, and that other African REPORT ON H.R. 2660, DEPART- MENTS OF LABOR, HEALTH AND World War II, it should be known that countries will be there at our side? Is after 9/11, as many of us were quite there a double standard? I hope not. HUMAN SERVICES, AND EDU- CATION, AND RELATED AGEN- aware of, some of the loudest voices in We have had failures before. There CIES APPROPRIATIONS ACT, 2004 opposition to the horrific incidents was a failure in Somalia. That did not that occurred in New York on 9/11, in mean we should no longer then go in on Mr. SESSIONS, from the Committee Washington, and in Pennsylvania was humanitarian issues. I hope this Presi- on Appropriations, submitted a privi- the continent of Africa. Their voices dent and administration will have the leged report (Rept. No. 108–192) on the were those of support of the United same standard as we have had through- bill (H.R. 2660) making appropriations States in our fight in the war against out this world, whether it was in Pan- for the Departments of Labor, Health terrorism. So this bond with Africa and ama, whether it was in Colombia, and Human Services, and Education, the United States is deep, it is strong, whether it was in the Philippines, and related agencies for the fiscal year and it needs to be further cultivated. ending September 30, 2004, and for whether it is in places like even Haiti, Clearly, President Clinton estab- where we went and were not asked to other purposes, which was referred to the Union Calendar and ordered to be lished one of the strongest bonds in his come. I hope that we will send those long and extended visit just about 4 few peacekeepers, 2,000, to go in and printed. The SPEAKER pro tempore. Pursu- years ago. It was a visit to not only de- lead the ECOWAS troops so that the velop friendships, but to develop eco- cholera can stop, the children can stop ant to clause 1, rule XXI, all points of order are reserved on the bill. nomic partnerships in the fight against dying, and the women can stop dying. HIV/AIDS. So I rise today to say that They are asking us to come in. I think f this momentum has not been carried we have an obligation and a responsi- COLOMBIA AND THE ANDEAN forward, and it disturbs me that we are bility. INITIATIVE ON NARCOTICS now debating why a friendship with Af- Mr. Speaker, I appreciate this oppor- The SPEAKER pro tempore. Under rica; why the intrusion, if you will, or tunity to present this Special Order to the Speaker’s announced policy of Jan- the assistance in the issue of Liberia. the House. uary 7, 2003, the gentleman from Indi- Why? Because there are 700 million in- ana (Mr. SOUDER) is recognized for 60 dividuals, and that number is growing, f minutes as the designee of the major- who desire a strong and related friend- ity leader. ship. REPORT ON RESOLUTION PRO- GENERAL LEAVE I am very impressed with the Global VIDING FOR CONSIDERATION OF Mr. SOUDER. Mr. Speaker, I ask Business Council, headed by Ambas- H.R. 438, TEACHER RECRUITMENT unanimous consent that all Members sador Holbrooke, that brought together AND RETENTION ACT OF 2003 may have 5 legislative days in which to businesses from the private sector to fight the devastation of HIV/AIDS. I Mr. SESSIONS, from the Committee revise and extend their remarks and to think it is important for Americans to on Rules, submitted a privileged report include extraneous material on the be aware of the fact that so goes the (Rept. No. 108–189) on the resolution (H. subject of my Special Order this continent of Africa, so goes many of Res. 309) providing for consideration of evening. the issues here in the United States. Of the bill (H.R. 438), to increase the The SPEAKER pro tempore. Is there the 42 million people infected world- amount of student loans that may be objection to the request of the gen- wide, over half, 29 million of them, live forgiven for teachers in mathematics, tleman from Indiana? in sub-Saharan Africa. Also a higher science, and special education, which There was no objection. proportion of women are living with was referred to the House Calendar and Mr. SOUDER. Mr. Speaker, I yield to HIV infections or suffering from AIDS ordered to be printed. my colleague, the gentlewoman from Texas (Ms. JACKSON-LEE). than men in Africa. As of 2002, women in sub-Saharan Africa represent more f THE STATE OF AFRICA Ms. JACKSON-LEE of Texas. Mr. than half, approximately 58 percent, of all adults living with HIV/AIDS. REPORT ON RESOLUTION PRO- Speaker, I want to thank the distin- VIDING FOR CONSIDERATION OF guished gentleman from Indiana (Mr. We can applaud the work that has H.R. 2211, READY TO TEACH ACT SOUDER) for his kindness, because I am been done here in this country, as I OF 2003 joining the Congressional Black Caucus said, with the Global Business Council; in their Special Order regarding the also with the work in this Congress, Mr. SESSIONS, from the Committee State of Africa. where we passed legislation in a bipar- on Rules, submitted a privileged report It is this time, Mr. Speaker, that tisan manner to give $15 billion in aid, (Rept. No. 108–190) on the resolution (H. many of us have come to the floor of as well supporting the Millennium Res. 310) providing for consideration of the House to discuss foreign policy Fund to help in our fight against HIV/ the bill (H.R. 2211) to reauthorize title issues that have great concern to us, AIDS and to help in Africa. But it can- II of the Higher Education Act of 1965, and I thank the gentleman from New not be continued if we do not embrace which was referred to the House Cal- Jersey (Mr. PAYNE) for his leadership the momentum and embrace it in a col- endar and ordered to be printed. over the years as the chairman and laborative way. The President needs to

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.097 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6331 consult with the members of the Con- fight on the war against terrorism, in tion to the social and political fabric of the re- gressional Black Caucus and the Afri- our fight, of course, for the opportuni- gion. can American community and others ties to fight against HIV/AIDS, and, The health infrastructure in Liberia has on policies dealing with Africa. yes, to fight for peace and stability, crumbled, schools have become refugee It is sad that on this trip we have not and, of course, Mr. Speaker, to be able camps, and people have taken the law into found an opportunity to collaborate to say that Africa is our friend because their own hands. Nearly half of the Liberian and not recognize the voices being it has stood with us. It is now time for population has been forced to flee to neigh- raised in the media proclaiming that us to stand with Africa and as well to boring countries or to internationally assisted Africa is a strategic partner. So I rise stand with it as it fights for peace and refugee camps in Liberia. Large numbers of today to be able to reinforce the fact stability for its people. innocent, young children are being made into that we are stakeholders in the con- I thank the distinguished gentleman child soldiers. Those children that are able to tinent of Africa. One of the largest oil- for his kindness. escape the life of forced military service are producing nations is Nigeria, and just a Mr. Speaker, I thank Congressman ELIJAH often left with little to no options aside from liv- week ago I hosted the chairman of CUMMINGS, Chairman of the Congressional ing on the streets. This conflict has brought OPEC, the distinguished chairman Black Caucus, for calling this special order to about political destabilization on a mass scale, from Qatar, who responded that Nige- discuss the very important issues that are fac- increased economic disparity, and what can ria and Africa is a very vital partner, ing Africa. The most perilous of those issues only be described as societal chaos. And al- just as Iraq is an important partner, as is the HIV/AIDS pandemic. The HIV/AIDS pan- though a cease fire was recently agreed upon, relates to oil production in the world. demic has claimed more than 28 million lives fighting and civil disobedience within the coun- There was no hesitancy, no question in Africa. Current estimates suggest that 42 try has yet to subside. of whether there should be a vote as re- million are living with HIV in Africa. lated to going into Iraq. And now, not Sadly, as a region, Sub-Saharan Africa has The United States has had a long historical recognizing or maybe failing to recog- the largest number of individuals living with relationship with Liberia dating back to its nize the strategic relationship we HIV/AIDS in the world. Of the 42 million peo- original founding. Liberia has served as an im- should have with the continent, and ple infected worldwide, over half 29 million of portant ally for the U.S. particularly during the particularly Liberia, there seems to be them live in Sub-Saharan Africa. Also, higher Cold War era. It is in recognition of this long- some debate. I happened to have been proportions of women are living with HIV infec- standing relationship that the U.S. should one who opposed the war in Iraq, and I tion or suffering from AIDS than men. As of serve as a vigilant presence in the efforts to can distinguish this. I would hope these 2002, women in Sub-Saharan Africa rep- bring calm and civility to this war ravaged troops would be peacekeeping. I would resented more than half, approximately 58% country. hope they would be a collaboration of all adults living with HIV/AIDS. The infection The United Nations High Commission for with the United Nations. I would hope rate is particularly high among young girls. Refugees (UNHCR) should work diligently to they would be a collaboration with Af- In some African nations, infection rates are ensure that the basic human rights of those rican troops. And I would hope we five times higher in young women then young seeking refuge from the war in Liberia are pre- would recognize that Liberia has asked men. What is more, AIDS now ranks as the served at all costs. A consistent supply of hu- for us to come. number one cause of death in Africa and the manitarian aid in the form of shelter, food, So I think it is important, Mr. fourth leading cause of death globally. These water, and medical care should be supplied to Speaker, as we discuss the state of Af- numbers are staggering and should strike a the region as well. We must do all we can to rica that we discuss and say that Afri- nerve in you each time you hear them. You ensure that peace and stability return to Libe- ca has had many successes; that we have likely heard these figures before. How- ria. have seen the growth in Nigeria. We ever, these facts should constantly be reiter- TRADE AND ECONOMIC INVESTMENT understand their stock exchange gives ated in order to emphasize the dire situation On the matter of economic development, Af- a 30 percent recovery on investments. that Africa is in today. rica is a continent rich with some of the most We have heard from the President of We must recognize that AIDS is not only a sought after natural resources in the world. Botswana just a few weeks ago speak threat to the health of populations; it is a Yet, this region has not been able to use its about democratization and stability, threat to the social, economic, and political natural resources for activities that will stimu- and that country has been a stable gov- stability of nations as a whole. In the past, late growth in domestic economies and gen- ernment for more than 25 years. what we had failed to do, particularly in Africa, erate increases in national profit. Mr. Speaker, We realize we have work to do, and was to chart a plan of action to address HIV/ to create a stable Africa we need to promote that means to help them fight in the AIDS as a social crisis that affects all spheres the competitiveness of African goods and war against terrorism, help them fight of everyday life. Now we have allocated funds services. We need to create avenues by which in the war against HIV/AIDS, and help to provide for the prevention of the disease in these products can become profitable in the them fight, as our distinguished col- Africa. Now is the time for a targeted response global market economy. league in Rome, Eva Clayton, has said, that aims to address the multiplicative effects help them fight with the issues of food of HIV/AIDS in each sector. This includes Mechanisms need to be established to pro- and nutrition. And, yes, we must help making sure that young girls have access to mote increased working partnerships between Africa build its growth and its opportu- educational opportunities and trying to develop U.S. and African businesses and organiza- nities for jobs and give resources for methods by which women do not have to rely tions. Ideally, these initiatives should be di- the young people who want to be edu- on their husbands for their economic stability. rectly targeted through existing trade and in- cated. It is time to stop placing old bandages on vestment programs like the African Growth There is much that we can do as fresh wounds and to begin the process of and Opportunity Act (AGOA) but other possi- partners with Africa. Let us not stand healing our beloved Africa. bilities also exist. Established in 2000, AGOA a distance back while many are slaugh- CONFLICT RESOLUTION IN LIBERIA offers tangible incentives for African nations to tered and ask the question, why Afri- Mr. Speaker, another great challenge facing continue their efforts to open their economies ca? I would hesitate to say, Mr. Speak- the continent of Africa is armed conflict. Clear- and create free markets. If we hope to encour- er, that it should not be a question of ly, many countries have the need for effective age our partners in Africa to strive for eco- race, whether or not Africa happens to conflict resolution. Liberia is one of the coun- nomic strength, then we need to ensure that be a continent that is filled with Afri- tries. It is on the front page of our paper and they receive the training necessary to comply cans, people of color, black people. I it should be at the front of our minds. with the rules and regulations of both AGOA hope that is not the dividing line that Liberia was founded during the nineteenth and the World Trade Organization (WTO). gives us reason to question when we century by freed American slaves. Once a na- Finally, in regions where conflict and civil ran without being invited to Iraq. tion founded on the premises of freedom and war have decimated local economies, efforts So I hope that as we look at this, and opportunity, the Liberia of today is wrought should be made to provide the necessary I thank the distinguished gentleman with political upheaval and social unrest. Libe- technical assistance to help troubled African once again as I close, let me just sim- ria has been the site of intense devastation states, like Liberia and Sudan, transition out of ply say the state of Africa is good, it is and profound loss due to years of civil war. conflict by fostering feasible economic activi- a partner, it is a friend. And I would The latest war has lasted for approximately ties that may ultimately lead to effective reso- only hope that we look at Africa in our three years and has caused immense disrup- lutions.

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.100 H08PT1 H6332 CONGRESSIONAL RECORD — HOUSE July 8, 2003 b 2115 One of them had lost a leg. One of them this region. At one point it was fairly COLOMBIA had shrapnel blow up in his face and evenly split between Peru, Bolivia, and Mr. SOUDER. Mr. Speaker, tonight’s lost an eye and part of his face. But Colombia with Colombia being mostly Special Order is going to be on Colom- their spirits were high. The young man a processing country; but it is increas- bia in particular and the Andean Ini- that lost his leg was talking about ingly concentrated in Colombia, taking tiative on Narcotics. I appreciate the going ahead and trying to remain in one of South America’s oldest democ- gentlewoman’s assistance over the the military and continue to fight the racies and turning it into a battle zone. years and having gone on a Codel with battle. One other thing we can see from this us down in the Caribbean last summer So the Colombians are making great is why we have a Plan Colombia and an when we worked on the narcotics issue, headway. They are taking back their Andean Initiative. If we look at that as and while we may have nuances of dif- country from the terrorists and thugs a funnel, as it comes out of Colombia, ferences on the African question, Mem- that are financing this effort by kid- if we do not get it when it is being bers are aware we cannot have super- napping their own people and ran- grown and it gets to the border, it can ficial involvement in any area of the soming them and producing illegal go to the north side of Colombia into world anymore; and Africa is, indeed, a drugs. I think what I like about the the Atlantic or to the southwest side of key area. way that the Colombian Plan is struc- Colombia into the Pacific. Once it gets The gentleman from Virginia (Mr. tured is in the sense we have an exit up to the United States border, it be- TOM DAVIS), chairman of the Com- strategy. We are providing a lot of re- comes even harder to stop. Or it can go mittee on Government Reform, and sources, a lot of know-how, but the Co- across the Atlantic Ocean to Europe, myself as chairman of the Sub- lombians have done a tremendous job across the Pacific Ocean to Asia, and committee on Drug Policy and the co- of picking up on that. the farther one gets from the actual chair the Speaker’s Drug Task Force I have a good friend that is an oph- poppy and coca fields, the harder it be- and the gentleman from Arkansas (Mr. thalmologist, an eye doctor; and he comes, which is why we have dedicated BOOZMAN) just returned yesterday from will go to Africa and he will work on and made Colombia the third largest Colombia, and I would at this time the natives and do cataract surgery recipient of foreign aid in the United yield to the gentleman from Arkansas and glaucoma surgery. And while he is States behind Israel and Egypt because (Mr. BOOZMAN). there, he will help a lot of people; but the drug problem in the world right Mr. BOOZMAN. Mr. Speaker, as the where he really helps is while he is now is centered in that zone; and if we gentleman from Indiana (Mr. SOUDER) there, he teaches the surgeons there cannot tackle it there, it becomes far mentioned, this past weekend I had the how to do the procedures so when he more expensive and far harder to tack- pleasure of going to Colombia by invi- leaves, the surgeons that are there go le the problem as it moves out of Co- tation of the gentleman from Indiana on about their business and continue to lombia. (Mr. SOUDER) and the gentleman from care for people, continue to do a good Mr. Speaker, I yield to the gentleman Virginia (Mr. TOM DAVIS). I am a mem- job. from Illinois (Mr. WELLER), who has ber of the Speaker’s Drug Task Force, Mr. Speaker, I thank the gentleman been leading an effort for Members of and we are going to celebrate the third from Indiana (Mr. SOUDER) for asking Congress to learn Spanish. The gen- anniversary of the Colombia Plan. We me to go on the trip. I appreciate the tleman has taken an aggressive inter- have spent a lot of money in Colombia; gentleman’s leadership in this area, est in that region along with the gen- and we have tried to thwart the grow- and I thank the gentleman from Illi- tleman from North Carolina (Mr. ing production and distribution of nois (Mr. HASTERT) for taking on this BALLENGER), the subcommittee chair- drugs, primarily heroin and cocaine. I scourge that is a problem to America man. really wanted to see firsthand if we and so many other places in the world. Mr. WELLER. Mr. Speaker, I thank were being effective, if we were spend- I really feel like the Colombia Plan is the gentleman from Indiana (Mr. ing our money wisely. doing just what we want it to do. SOUDER) and commend the gentleman What I saw was beyond my expecta- Mr. SOUDER. Mr. Speaker, I thank for his leadership and efforts to eradi- tion. I think we are doing very, very the gentleman from Arkansas (Mr. cate the threat of narcotics coming well in that area. The Colombians, BOOZMAN) and thank him for his leader- onto American soil. I commend and am with our help, are working very hard to ship in the meth issue. I know that is thrilled to participate tonight in this eliminate the illegal drug production. very important in northwest Arkansas. Special Order. They do this by spraying, by inter- We are trying to work out doing a Imagine this here in the United cepting drugs by land, sea and air, and hearing on a new initiative on that States, if our judges were assassinated, are actively breaking up drug labora- possibly next week partly because of our candidates for Congress, our can- tories, places of production. the gentleman’s leadership in encour- didates for President were threatened I had an opportunity to ride in the aging us to do that. We are all trying with kidnapping and assassination. boats that they use to intercept the to deal with cocaine and heroin, meth, Imagine if our elected officials were drug traffic on the high seas. These are and Oxycotin hitting our districts. threatened and ordered to resign their little speed boats. They will basically Mr. Speaker, let me put this in con- positions at gunpoint, and this threat be watching the radar and they will see text. From the world map, Members emerged from narcotraffickers here in a little blip. They run out and jump in can see South America just south of the United States. Imagine how the the boat and race out and intercept the the United States. Panama is con- American people would feel about the ship, the boat, whatever. We had an op- nected to Colombia, and at one time in need to deal with this threat to our de- portunity to do this, and it was a lot of the Andean countries, which include mocracy and such a threat to our Na- fun to see these guys in action, and Peru and Bolivia straight south of Co- tion’s security. they did a great job. I was very, very lombia, that was at one point nearly Well, the people of Colombia have impressed with their professionalism 100 percent of the world’s coca produc- been threatened with these types of and the fact that they were doing such tion and a large percentage of the her- threats for decades where you have a good job. And yet after we left, after oin production. The other parts of the narcoterrorists organize military the Americans left, the Colombians world that heroin is predominantly groups, in fact three groups, two left were there and went about their busi- coming from, a little bit from Mexico wing, one right wing, who are funded ness. Since then, they have intercepted and a little from the Golden Triangle, through the trafficking of narcotics, trafficking in cocaine, heroin, what- that is still significant in Afghanistan cocaine and other drugs. And, of ever. and that region kind of northwest or to course, they threaten something we The Colombians are fighting this bat- the left of India, the far part of the hold very dear, which is freedom and tle. Certainly we are providing some map, that Hamas and Hezbollah are democracy. help and resources. We were able while using to finance their efforts. Most of Mr. Speaker, Colombia is a wonderful I was there to go to a Colombian hos- the heroin on that side of the world is country. It is a country of great his- pital and see some of the soldiers that flowing to China and Europe. But all of tory, great heritage; and today its de- had been injured in the last few weeks. the coca in the world is coming out of mocracy is threatened at gunpoint by

VerDate Jan 31 2003 03:57 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.101 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6333 those who make their means through b 2130 join with the United States in sup- the trafficking and production of nar- I would also note that alternative porting Colombia in its war against cotics. economic development programs are terrorism and to support Colombia’s I support Plan Colombia. I support also beginning to show great promise, war against narcoterrorism which is President Bush’s Andean Regional Ini- and utilization of expanded authorities threatening democracy right in our tiative. Colombia is important to the are being fully leveraged by our friends own neighborhood. United States. Not only does Colombia in Colombia to more effectively attack I again thank the gentleman from In- share our values of freedom and oppor- both drugs and terrorism. These are diana for his leadership in the war tunity and free enterprise, but Colom- positive things that we can report hap- against drugs which finances, and let bia is an important partner in the pening right now today in Colombia, us remember the primary source of ter- western hemisphere for the United and there are many others. But the job rorism in the Western Hemisphere is States. It is a trading and economic is not done yet, and that is why we narcotrafficking. That is why his lead- partner. We share a culture and herit- stand here tonight to continue our sup- ership is so important, my good friend age. Latin America is important to us, port for Plan Colombia as well as the from Indiana. and Colombia is an important part of Andean Regional Initiative. Plan Co- Mr. SOUDER. Mr. Speaker, I want to Latin America. Colombia continues lombia and the Andean Regional Initia- thank the gentleman from Illinois, and and has always been a strong ally and tive has put Colombia on the road to as he knows, as a long-time close per- friend of the United States. It is a sig- success, but as I noted, the road is sonal friend of the Speaker, from the nificant U.S. trading partner and sup- long, and we must continue to support State Legislature in Illinois, and since plier of oil. Plan Colombia. we have been to Congress that our In fact, Colombia, as I noted, is today I would note that Colombia today is Speaker has been a leader on this issue, the longest-standing democracy in in much better position to win this and he asked us to do this Special Latin America, and it is currently fight against narcoterrorism than they Order tonight. He asked us to go last under siege by a number of guerrilla were 3 years ago, not only because of weekend down to Colombia and has and paramilitary groups that we in the U.S. support, but also because of Co- stood firm in making sure that this ini- United States have designated as ter- lombia’s freely elected, democratically tiative was funded, make sure that we rorist organizations, designated ter- elected President Uribe. Since taking stayed focused on the narcotics issue. rorist organizations by the United office in August of 2002, President And it is our appreciation for his lead- States Government. These terrorist Uribe has shown an unwavering com- ership in addition to each of us trying groups today obtain their primary mitment to achieving democratic secu- to take responsibility and work to help means and monetary support by the de- rity and has brought new hope to Co- solve these problems that are big. structive drug trade. lombia. He has acted quickly and deci- Whether it is the streets of Joliet, Illi- Unfortunately, our friends in Colom- sively to address terrorism and nar- nois, or the streets of Fort Wayne, In- bia suffer from this; and today Colom- cotics trafficking while also promoting diana, and throughout the rural parts bia serves as a source of 90 percent of human rights. His national security of his district and the rural parts of my the cocaine and a majority of the her- strategy shows his determination to district, we see that drug problem, oin found on the streets of America, deny terrorists the drug-related re- along with alcohol, as being the num- significantly contributing to the 19,000 sources they use to finance their oper- ber one problem of crime and breakup drug-induced deaths in the United ations against the people of Colombia. of families, the reason people lose jobs. States each year. And many of those And President Uribe has made tough It is a problem that is not only a world 19,000 drug-induced deaths here in the decisions necessary to improve Colom- problem, but it is a problem back home United States are children, kids in our bia’s economic prospects, moving for- where the people are talking about it home communities back in Illinois and ward and ahead on tax, pension and at their dinner tables, they are talking Indiana and Arkansas and all 50 of our labor reforms. about it with their kids hopefully, but great States. Overall President Uribe has energized they are certainly talking about the Today, Congress needs to support Colombia, receiving high praise and byproducts of illegal narcotics. So I Plan Colombia. We also need to support high job-approval ratings from his own thank him also for his leadership. President Bush’s Andean Regional Ini- people, the Colombian people. No doubt What I would like to do is lay a little tiative, legislation that recognizes the with President Uribe’s leadership, Co- bit further out how we got into the An- importance of Colombia. Today, as we lombia is on the right track to restor- dean Initiative and the Colombian approach the 3-year anniversary of ing security and prosperity, and we in problem, how some of it has evolved Plan Colombia, it is important tonight Congress applaud Colombia’s efforts of over the years here in Congress and to review the progress being made by late and recognize the sacrifices that with our funding, some of the primary the United States’ support for the free- Colombian people have made over the questions that have been coming up ly elected government of Colombia. last few decades. often in the news media, but with my I am proud to say and pleased to say Again, Colombia matters, Latin colleagues here in Congress and address that our support of Plan Colombia has America matters, and I know there are some of the myths that have been given us positive results that we can meetings that will soon be held in Eu- plaguing us in these debates. point to. In fact, there are many strong rope, and my hope is our friends in Eu- First, let me describe a little bit indicators that Plan Colombia and the rope will join the United States in sup- what our Criminal Justice, Drug Policy Andean Regional Initiative programs porting the people of Colombia and and Human Resources Subcommittee are beginning to bear fruit. supporting the freely elected demo- was working with. When the Repub- Eradication of coca plants has led to cratic Government of Colombia. And licans took over Congress in 1995 and major decreases in cocaine production, again, I note that no Latin American reformulated the committee that I now and purity of the drug has dropped as country has a longer history of democ- chair to focus on drug policy so we had well. Law enforcement efforts have led racy and freedom than Colombia. They one committee that pulled together to increased seizures on land and sea. are our friends. They are our allies. oversight from what was 23 different Extraditions of drug traffickers to the They stand with us in the values that committees looking at the narcotics United States is at an all-time high, we as Americans stand for, freedom problem, as we looked at this, we saw and I note something that is so impor- and democracy and free enterprise. We certain basic things that needed to be tant for us, and that is the profes- in this Congress want to ensure that addressed. One was eradication. Two sionalism and the performance and the the people of Colombia continue to was interdiction. If we failed to eradi- human rights record of Colombia’s have freedom and opportunity, and cate it, we had to try to intercept it be- armed forces, and in particular that that democracy grows and flowers and fore it got to our borders. If it got in- the counterdrug battalions and the Co- blooms, and that the people of Colom- side the United States, we needed to do lombian National Police have shown bia have the opportunity to enjoy eco- law enforcement, which explains the tremendous improvement, as well as nomic freedoms and free enterprise. So DEA, local police forces, State police. getting results. I would urge our European friends to Then if we could tackle the problem at

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.103 H08PT1 H6334 CONGRESSIONAL RECORD — HOUSE July 8, 2003 either end through prevention or treat- others backed him in that effort to try go back to chaos with our money, be- ment, we could try to reduce the de- to do that as we tried to rebuild and or- cause we have been the drug abusers mand side, too. ganize the Colombian military and the and we need allies around the world. So there were five prongs: Eradi- Colombian national police. But the Let me step back again and illus- cation, interdiction, enforcement, bottom line is they did not want to trate. Earlier I talked about the fun- along with prevention and treatment. come to the peace table. They are not nel, and let me in particular here show And in that part it became apparent interested in peace. They are terror- one of the problems that we face in the that the Andean region and the Colom- ists, they are interested in selling nar- United States before I get into some bian region was most in danger because cotics, protecting narcotics and terror- specifics. My subcommittee has been of the drug habits of the United States izing villages. holding hearings on the borders in the and particularly Western Europe. We were sold to the United States north and south border. We just did a Myth number one is that there is a Congress that Plan Colombia and the hearing in El Paso. We spent 3 days civil war going on in Colombia. There Andean Regional Initiative was going here in this region of Texas. We did a is not a civil war going on in Colombia. to be a joint effort, and while I have hearing over here in Sells. We have had The FARC as well as the ELN, and talked about the United States using a hearing over here at San Isidro. We even counting the paramilitaries, we the narcotics, the truth is we only con- did a hearing and visited multiple are talking about a percent of the pop- sume about 50 to 60 percent of the co- times in Nogales and the area of Doug- ulation that is, quite frankly, less, far caine production coming out of Colom- las, Arizona. less, than the prison population in the bia. Europe is consuming huge quan- Let me guarantee the Members some- United States. What we are basically tities of that, but also Canada, the re- thing. If the American people are say- talking about are terrorists and crimi- gion itself, and others, and Asia, being it is not working, and we are not nals who have not been captured. Some cause that is where they are getting getting it stopped in Colombia, let me of them early on may have started their cocaine, and this should not all assure the American people something. with the revolutionary idea that they be the United States’ problem. But We cannot get control of that border, wanted power and did not want to get some of the European countries and and this is the easiest border to control it through a democratic process. other countries who in the beginning in the south. We have virtually no con- We have already heard from my col- promised huge amounts of dollars to trol over the water coming in from the leagues that this is the oldest Latin help Colombia have not followed Caribbean. We have had to pull our American democracy, that has had through. Their argument was they did boats in for homeland security, but many stable elections. They have had a not want to spend money on the mili- once they are coming in water and history of some violence for numerous tary and law enforcement violations. going up the coast, it has been very dif- geographical reasons and others, but so Okay. Let us accept that premise, ficult in the Caribbean region. It is have we in the United States. So have which I do not think it was a very good even worse in the Pacific. As they we in other parts of Western Europe. premise, but let us accept that come in with little boats up the Cali- But a few dissidents that are a tiny mi- premise. Now as we are making fornia coast and out into that water, it nority of a country do not constitute a progress in Colombia, and as villages has been very difficult to intercept. civil war. It is a rebellion of people who are finally getting stabilized where We have 1 million plus illegal immi- want to take the law into their own people are again ready to be a judge or grants making it across the border hands. to be a mayor, where is Europe? Where every year in the south border, 1 mil- Over time, as we had the ELN which are the alternative development dol- lion. That is a huge number. Some of used kidnapping as its main route, we lars that they said were coming? Where them are running small amounts. Most saw the FARC, which was the largest of is the help with setting up those law of them are not. But it shows how po- the groups, decide to finance them- enforcement systems? If the United rous the border is. We have thousands selves by providing first protection and States has been willing to bear, along of Border Patrol. We are doing every- then actually running the growing op- with Colombia, 100 percent of the bur- thing we can to control that and will erations after some of the big cartels den even though 50 percent of the prob- continue to try to close it, but as we were broken up; the Medellin and the lem is not ours, and none of this basi- start to close the border, let me tell Cali cartels, for example. Then we saw cally is Colombia’s, these groups would the Members about a hearing we had communities try to form a contract not be armed if it was not for drug here in the Tohono O’odham Reserva- with so-called paramilitaries. Some- abusers in the United States, and West- tion. That day while we were having a times they were former members of the ern Europe, and Japan, and Canada and hearing, one person was interdicted. It military. Sometimes they dressed like other places using cocaine and heroin. is a town of maybe 2,500 on an Indian military and they were really kind of We stimulated and funded the ter- reserve, the Tohono O’odham. Their po- like Pinkerton detectives on steroids, rorism that is occurring in Colombia, lice did one seizure of 200 pounds, one that people wanted to protect them- the thousands of deaths, the police who seizure of 300 pounds, one seizure of 500 selves, so they hired them. Pretty soon are getting massacred, the individuals pounds, and one of 400 pounds; a total that group got corrupted as well by who are getting massacred. They are of 1,500 pounds in 1 day. Then seven narcotics, at least much of them, what- getting massacred with our money. It SUVs went through later in the day, of ever their original intention was, to is our problem, not Colombia’s prob- which one got through, but they man- protect themselves from others because lem. They need the help with it. Their aged to catch a number of them. They they could not establish order in the people are using this. Their people are found a hole in this zone. A National community, and the government was growing it. But they met our market Park Ranger was killed in the Organ not strong enough to do so or what- demand. We have an obligation to help Pipe National Monument, and as we ever. Now we have three groups, still a put order back and to help them rees- squeezed other parts of the border, tiny percentage, maybe numbering tablish their country. they moved to that hole. This is impor- 40,000 in a country of 28 million, a tiny The United States is helping Colom- tant because the previous 3 months percentage of the country. It does not bia, and Colombia has taken tremen- they had 1,500 pounds, the previous constitute a civil war. Their motives dous efforts, particularly under Presi- year they had 1,500 pounds, and in that are not civil war. Their motives are to dent Uribe, to go after the eradication, day between 9 and 2 o’clock, they got make money on narcotics. to go after the law enforcement, to get 1,500 pounds even though we had Fed- Some of them now would like to buy some stability in these areas. We need eral people around. peace and get power without having to partners around the world now to fol- There is so much stuff moving across, go through a democracy, but President low through on their commitments, be- we cannot even intercept it all, even Pastrana, who more than bent over cause if we cannot provide alternative though we keep boosting the number of backwards, who turned every cheek development, if we cannot provide jobs, Border Patrol people. We will continue times three to try to negotiate with if we cannot make decent schools, if we to make the efforts because when that them and wound up with what? Noth- cannot get a legal system that works comes in, the two biggest cocaine busts ing. He had the right motives. I and with local police and mayors, we will in my district’s history, or it appears

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.105 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6335 to be two of the biggest, if not the two we funded spouse abuse programs for had a couple of years of success. But biggest, occurred last 3 weeks in Fort the last 10 years, and there is still now they are better funded. Wayne, Indiana. spouse abuse. In fact, we have tried to So among the things we are hearing about Colombia is, for example, every- b 2145 deal with spouse abuse ever since the American Republic was started, and body violates human rights. It is sim- One of them came from Texas, and I there is still spouse abuse, so we should ply not true. There are degrees of vio- believe the other through Arizona, and give up? lations of human rights, that human it was Colombian. On child abuse, when we come down rights are not respected much at all by Now, as that moves through, it is not here on Labor-HHS later this week and the FARC and the ELN. Kids are kid- a theoretical exercise we are talking talk about funding for child abuse, napped, they use 14-year-olds in their about here. When you are driving down could you imagine if somebody stood military, they terrorize people. They the road at night and you do not know up and said, well, you know, we have do not respect human rights at all. whether somebody is whacked out on been fighting child abuse the last few There have been problems with the coke or whether they have injected years. We spent hundreds of millions of paramilitaries, and the question is, are themselves with heroin or are high on dollars over decades here, and there is they too tied to the military? The an- this high-grade marijuana, that has still child abuse here in America. swer is we have worked hard in this nothing to do with the historic mari- Of course there is. There will always government. Uribe’s government is juana that you hear about from the be drug abuse. The root problem in my committed to trying, for once and for sixties and the news media jokes about. opinion is sin. It may be different vari- all, to prosecute them all. That is not what we are talking about ations and different people have dif- When you go and talk to the counter- in marijuana. We are talking about ferent problems; but every day, some- narcotics brigades of the Defense De- THC content; in my hometown a lot of body is newly exposed to the tempta- partment, off to the side what they will the marijuana is selling for more than tions of narcotics, and no matter how tell you is literally when there is a coke and heroin. This stuff is potent. much we try to prevent it, and treat- firefight with the terrorists, they have Think about it. When you get behind ment is after the fact, and treatment is to have an attorney there. They cannot the wheel, whether you want to legal- very important and I am pretty much move the bodies so they can identify ize drugs and whether you think we on most treatment bills that are mov- and make sure they were not shot in should back off from the drug war, do ing through Congress, but the truth is, the back, and they do things we do not you feel safe? Does your family feel that is treating the wounded. do. safe, knowing that the more that pours We cannot just treat the wounded; we We are holding Colombia to a dif- across there, the cheaper it is, the have to get into prevention. But there ferent standard even than the United more of it there is, the more you could is a funny thing about prevention. You States. Now, that is because we are putting money in. They have had a his- be killed driving home or there could can convince people they should stay toric problem with human rights and be a robbery at the bank where you get off drugs, and then they break up with caught in the shoot-out, or watching there is an accountability with it. their girlfriend and go to a party and But it is just wrong for anybody on neighborhoods in your communities all of a sudden they forgot everything get sucked under, or people operating a this floor or anywhere in the world to they learned in the drug prevention imply that there has not been tremen- bus or truck or equipment as they are program. They lose their job. Some- building, using this drug? dous progress, that we have not vetted body packages something more potent these brigades better than we have ever Harmless crime? Harmless drug? Ba- or they are smoking cigarettes or hav- loney. This is the biggest threat to the in the past, and there is not accounting a beer and somebody says you want ability, and that when you go to a Co- United States, 30,000 people dying be- a little bit bigger high? And all of a lombian military camp, their prisons cause of illegal narcotics. We talk a sudden, at the very least, they are psy- will have a number of people in it who lot, and I am on the Committee on chologically addicted, if not physically are being held for possible violations, Homeland Security, but the numbers addicted. New people are exposed by something that is stricter than any we are looking at on an annual basis the minute and by the hour. It is not other process we are doing; and it is dwarf what we have seen yet. something that you can ever fully important they have that, because if Yes, one nuclear weapon and we eliminate. the American people are going to put could all be destroyed; but the fact is, But we can control it. And we have the money in, they want to know we while we are talking about that, we are made successes. Even though we had a are doing human rights. watching people get killed every night. surge between 1992 and 1994, of which But we have been making progress Tonight, in every city of the United we are only making a little progress, and have made dramatic progress on States, somebody is going to be im- the truth was that its peak was at 1994. human rights, and those who want to pacted. Maybe shot in some cities; in Let me briefly mention another criticize the Colombian military and other cities it will be a dad or mom method. ‘‘Just Say No’’ does not work. the government, I have asked people in who use their money for drugs when Under Just Say No under the Reagan my district too, sometimes they are they should have been supporting their administration, we had 8 straight years criticizing what we do and sending our family, or not being with their kids or of decline that carried through the money down to violence. Why do they abusing their kids or spouse abuse or first 2 to 3 years of the Bush adminis- not criticize the FARC? Why do they not making their child support pay- tration, 11 years of decline. not criticize the FARC? Why do they ments because they used it on illegal In that 11 years of decline, it went not criticize the ELN? Why is it always narcotics. Those are the real problems down so far that even in the surge up in the government or the paramilitaries? with that, and we are not going to be 1991 to 1994, in the last year of the Bush The FARC are the ones who started able to control, no matter how hard we administration and the first two of the it, who have violations. I am not de- try, enough of our borders; but we will Clinton administration, where now we fending any human rights, but let us at improve that, but we have to get it at would have to have a 50 percent reduc- least acknowledge that they are the the source. tion to get back to Reagan, even that primary perpetrators of human rights Now, let me deal with a couple of peak in the United States was less than violations, that there is still violence, other questions. We heard a little bit the peak in 1980 before Just Say No. So therefore the program has not worked from my colleagues about is it work- it is a myth that Just Say No did not because there is still violence in Co- ing? Let me start out with, first off, work. It worked, because it was not lombia. how do you define ‘‘working’’? I con- Just Say No. That was one part. We did Yes, there is still violence. You know stantly hear Members saying, well, treatment, we did interdiction, we did what? There is going to be violence for there is still drugs. eradication where necessary, but we quite a while. They have got a lot of Well, should we stand up when we fought and we had a consensus of how dollars from the American Government deal with spouse abuse and say, you to fight it. to work with. They can buy weapons. know, we funded spouse abuse last year When we lost the consensus, the And one proof we are successful is they and there is still spouse abuse. In fact, problem ‘‘upped’’ again. Now we have are getting more violent.

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.106 H08PT1 H6336 CONGRESSIONAL RECORD — HOUSE July 8, 2003 When we were down there, the gen- gentleman from Massachusetts (Mr. jungle, you are farther and farther tleman from Virginia (Mr. TOM DAVIS) FRANK) with the delegation for the in- from any air base, you are farther and and the gentleman from Arizona (Mr. auguration of President Uribe, and we farther from re-fueling places, you are BOOZMAN), and I this last weekend, we heard this big boom, and the gen- farther and farther from any roads. If went to a hospital. There we talked to tleman from Massachusetts (Mr. you have a helicopter crash, guess a bunch of young soldiers, basically 22- FRANK) said I never heard a one-gun sa- what? They go in and capture your pi- to 24-year-olds. One of the solider’s lute. lots, which they have right now with eyes was gone and his leg was gone; They blew off part of the corner of three Americans. and he was in pretty bad shape, gen- the presidential palace. They were try- The farther out we go, they are going erally. A number of them were dead; he ing to aim with their howitzer, blew up to get there. But the farther out they was in better shape than them. a housing complex, killed many inno- go, guess what? They are longer in the They died because they were trying cent people, shot to the left, shot to air and we can see them longer. They to eradicate the drugs Americans want- the right. They did not care that there have more risk that we are going to ed to buy and Europeans wanted to were thousands of troops around. They interdict. buy. It was not predominantly Colom- were shooting from a mile and a quar- It is not true that we do not make bians who want to buy it. It was our ter away with sophisticated equipment. progress by moving them. It just is money. This is a tough battle, and they do not that we are not going to eliminate the They were attacked from both sides. care who they hit. Even President Cha- problem by moving it. We reduce the A number of them said it was the worst vez, who you would think would have problem, we manage it. To the degree firefight they had ever been in. It was some connections, was in the building we reduce the amount of cocaine com- homemade bombs, screws coming at they were shooting at. ing into the United States, we change them, going into their eyes and their It is an equal-opportunity terrorist. the price and purity questions. They do bodies. It was terrorist-type bombs, not They will hit anybody if they are try- not package it with marijuana as eas- traditional. ing to threaten their money. And we ily. It is watered down. It does not Now, they have traditional weapons have to understand that this is not have the same potency. Addicts are not too. For the first time we are seeing it something you can just sit down and as difficult. You make step-by-step looks like some arms-for-drugs ship- have a nice negotiation, maybe we can progress; you do not make huge ments coming in from some of the give them some trinkets and they will progress. arms negotiating sales places in East- give us some trinkets and everybody Now, back to the villages. They have ern Europe and some of the Mafia-type will pat each other on the back and been able to establish a reasonable around it, not the traditional defini- say, yeah, I will give up my $3 billion amount of order in about half the vil- tion of the word, that are shipping business. lages. The goal was to establish it in arms in there. We have to establish order in those We are going to see more sophisti- more than that. communities. The plan under Plan Co- cated weapons. This myth that if we Now what are some practical impli- lombia, quite frankly, is taking a little suddenly legalize this, that there would cations of that? Let me first show you longer than we thought, because they not be this conflict, oh, yeah. They are something here. On the spraying of making $3 billion a year; and if we say have chosen to fight, because another poppy crops, there is a discussion of we are going to legalize something, for- myth is that it is a balloon: if you why is this so hard to spray. First off, get a second that I do not want to be squeeze Colombia, it is going to go you have to hit it several times. Heroin driving down the highway worried back to Peru and Bolivia. The truth is poppy is one of the cases. They can re- about whether somebody is whacked that that is hard. plant it, so you need to do it multiple out on drugs. We have made progress in those times a year. Let us say it was not that. But they countries. Some seem to be coming But, do you know what? They try to are going to suddenly give up? Are you back a little bit, but it is nothing like shoot down those planes. This have going to legalize cocaine and heroin? it was, and they are trapped. taken more hits in the last couple Are you going to legalize whatever the In Colombia, if you look at this map, weeks than they had in a long time, be- next thing is? Of course not. They are much of the progress is being made a cause they realize the more heroin not going to give up their market. long the Putumayo. If we squeeze in poppy that we eradicate and the more They are going to continue to step peo- from the south, and this is a big coca coca we eradicate, the more they can ple up to more potent drugs. region, the heroin is in the higher ele- predict where the planes are going to They are making money on this. vations. Those mountains, by the way, go for eradication, because there are They are making buckets, trucks and are up to 18,000 feet. I thought the to- fewer fields to eradicate. So they can boatloads of money on this, and they pography here was important, because take their armaments and focus better are not suddenly going to say, oh, they you can see most of the people are on on where we are coming. legalized marijuana, I think we will this side of the mountain range. That Another thing is that you have to quit. We will just retire. side is the Amazon basin. have ground protection. My first trip I mean, give me a break. There is They kidnap and harass people and there in 1996 and 1997 when we were going to be violence because there is terrorize people on this side, but most doing some of this, I went out to one, tremendous money; and to the degree of the growing is over there. And as we I think it was in the Guaviare area, but we try to cut off the source of their start to put the pressure on, they move I talked to some pilots whose concern money, they are going to continue to more out in the jungle. This is not an was this: one of their partners had been become more violent. easy task. When you fly over, you can- killed because they would string up Another question that comes with not see the stuff. And the coca fields line that you could not see and their this is, yes, but you have not stabilized are at least big. The heroin poppy, you plane went through and it crossed their any villages. I have heard my col- cannot see it. neck as they tried to eradicate. leagues on the floor testify that they Furthermore, I have heard people b 2200 have been to villages where there still say, well, they are spraying legitimate is not order. crops. Walk on the ground. They are So now you have groups of soldiers We all know that. When you have a smart. They can make more in coca on the ground trying to protect the place in a country where people, judges than they can make in palm heart; and planes to eradicate. are getting shot, mayors are getting unless you convince them that you are A couple of other illustrations. You shot, we have a president of Colombia going to provide stability and protec- can see here when you are flying the whose father was assassinated, we have tion for them and there is going to be plane over, you have people in the a vice president of Colombia who him- an alternative crop, they just grow it fields on all sides. In different coun- self was kidnapped for 9 months, they underneath. tries we use different things. In Bolivia know what it means. We are spraying where there is evi- and Peru, some were ground eradi- Quite frankly, I was sitting there in dence that there is coca or heroin cation, some were air eradication, but the presidential palace along with the poppy; but as they move further in the in that effort, every place you went,

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.108 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6337 whether you are going after labs or nesses. Yes, some of them did not have government is committed to do. Some field eradication, you have to be pro- employment and came to the cities. In people say, well, I cannot make as tected. As I have gone into the field Rio and in Lima and Buenos Aires and much growing soybeans as I can selling and seen some of this, you have to be all over the world, you see at the edges coca or growing coca. I cannot make as protected. of the cities some of this. But Colombia much in palm heart. Do my colleagues I want to illustrate one other point has a middle class. It is not Guatemala. know what? The kids on American as to why this becomes important. It is not Venezuela. They have a rel- street corners cannot make as much at There are somewhere in the vicinity of atively stable middle class and democ- McDonald’s as they can being a look- over 200,000 displaced people in Colom- racy. out either, but that does not mean we bia. These people in these rural vil- The question is, how can we reestab- are going to pay them $400 an hour if lages, as they are out in the villages, lish it? How do we do this? That is why they give up being a lookout. There are what started often is that the FARC we not only need at this point to finish things that are not legal to do and that will come in, they will say, grow coca. off what we are doing in Plan Colombia are destructive, and there are things They can make a lot of money, they and the Andean Initiative, we need to that are legal. We need to work to give will bring the planes to it, and they have the Europeans follow up with people a living wage, where they can will provide protection and forcibly their commitment to help us now to work to support their family with their push them into coca. Then the get these people back to work and back income, and we need to help the Gov- paramilitaries would come through to their villages if we can get those vil- ernment of Colombia, which has been their villages and say, you put up lages safe. undermined. somebody from the FARC, you are co- Now, another part of this is I met an operating with the FARC; we are going amazing man. His name was Rudolfo For example, they were the eighth to kill you; we are going to terrorize Gedeon. He is president of PETCO. But largest supplier of oil in the world. you. Then the FARC would come back he is doing one of the initiatives that There has been so much oil spilled in in town and say, you cooperated with has been so successful in Bangladesh, attacking that pipeline that it would the paramilitaries; we are going to kill and that is microloans. In this pattern be 8 Exxon Valdezes pouring into the you. And these poor villages just de- in Bangladesh, they gave little loans to north part of Colombia. cide: I am not staying here. I do not try to build little capitalism that Mr. Speaker, I yield to my colleague, care if my family has had a farm here moves into a little bit bigger cap- the gentleman from Massachusetts for 100 years. I do not care if my family italism, that moves into a little bit (Mr. DELAHUNT). has had a business here. I do not want more, because in so many of these Mr. DELAHUNT. Mr. Speaker, I want to get myself and my family killed. countries you have the very wealthy to thank the gentleman from Indiana, We visited the Nelson Mandela vil- people and the very poor people. In my friend, who has demonstrated a lage just outside of Cartagena. Mr. Medellin they started, and now they commitment that is extraordinary in Speaker, 35,000 people live in basic are doing in the Cartagena areas, a terms of this particular issue and to shacks with these kinds of streets. number of these businessmen working the people of Colombia. I hope that ev- Right now Indiana is flooding a lot, with AID are starting these loan proc- and it looks a little like this, but un- esses with AID. Some AID capital, but eryone that is watching tonight and derneath there is actual, real streets. the real success here is having local listening to the gentleman’s Special Here, it just turns into mud. AID has people be the monitors. Their loans, Order takes note. tried to develop some alternative de- $1.5 million, 8,000 loans over the last Much of what the gentleman said, velopment in this area. I had two, I do year; average loan, $200, some a little practically all of what the gentleman not think it was these two young girls, bit bigger, some are $60. But do my col- said I agree with. And I think it is im- but two young girls came up to me and leagues know what? Ninety-eight per- portant to understand that the com- wanted to talk to a Congressman. I had cent, two percent default rate. No bank mitment to Colombia has to be a sus- drifted off from the group. I quick got anywhere has that, except in Ban- tained commitment. Unfortunately, back after they talked to me. But they gladesh and a couple of these those of us who enjoy the benefits of said, even in this camp, the FARC is microloans, because they are the peo- this country are sometimes susceptible hunting them down, as are the ple themselves monitoring them. to a lack of patience. This is not a paramilitaries, if they believe they co- Now, how does this relate to the problem that is going to go away over- operated with the other side. They go broader question? night in Colombia, but I think that the right in to where we have an AID plan In this village AID has a project gentleman made the link that abso- where it might be 100 miles or 200 miles where they are teaching some people lutely cries for patience by the Amer- away from the village and terrorize metal working, some people how to ican people and by the Congress, and them. The person I was with, the pho- sew, how to bake, how to make crafts. that is that here in the neighborhoods tographer and I decided we were going So they teach them that. Where do of the United States, there are young to go back to the rest of the group be- they go? What are they supposed to do? people and people of middle age that cause we had not banked on them being Mr. Speaker, it is amazing: $80, $100 have been addicted to narcotics and in the same camp that we were. you can start to sew in your neighbor- have led lives that reduce them to hos- But these kids deal with this every hood. Pay that back, like a credit tages and prisoners in their own body. day. They cannot escape. They do not union, which is really kind of how this And if we are ever going to address have the type of protection that a U.S. is functioning, because your neighbors that problem and the link that it has CODEL has, a congressional delega- are all part of this, and you are watch- to crime and violence in the United tion, when we go in. They have to live ing each other, and there is account- States, our commitment has to be sus- with it. One young girl sang a song as ability. Then you can get justified for tained. opposed to just telling a story, sang a maybe a $400 loan, then an $800 loan. I felt the need to say that. I know the song about how she was in her home You crawl, you take baby steps, you gentleman has been on the floor. I am and the FARC came in and shot her walk, but that is how you build a mid- here with some colleagues to address a husband right in front of her and her dle class. separate issue, but I want to applaud son, the little kids wandering around But to do that, you have to have the gentleman’s efforts. We have in this type of environment. order. Some people do not understand, Now, part of the solution to that is, you can not give somebody $400 or worked a long time on this particular bluntly put, we can only do so many $10,000 or $50,000 to start a business if issue, and I believe that the Colombian tar-paper shacks around the world. they think their family is going to be Government is making great strides. What we have to do is get their villages murdered or kidnapped the next week. The gentleman pointed out that the safe to the degree we can establish Somehow, we have to establish order. Colombian Government is making order and security in their villages. We have to establish credible govern- strides in terms of human rights. They did not want to leave their farms. ment units that are not involved in Mr. SOUDER. Mr. Speaker, I thank They did not want to leave their busi- human rights violations, which this the gentleman for his comments.

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\CR\FM\K08JY7.110 H08PT1 H6338 CONGRESSIONAL RECORD — HOUSE July 8, 2003 Mr. TOM DAVIS of Virginia. Mr. Speaker, as tum. Goals are being met, and new goals Colombian military’s performance in the field we near the 3-year anniversary of Plan Co- need to be set. Of course obstacles remain, against terrorists and narco-traffickers as well lombia, it is important to reaffirm our commit- and progress is slower than we would like it to as on its adherence to international legal ment to this program, to the people of Colom- be. But now is not the time to turn our backs standards in very difficult combat environ- bia, and to American citizens. I have led three on this battle that is so intrinsically tied to our ments. congressional delegations to Colombia over war on terrorism and illegal drug use. In light A second initiative under Plan Colombia is the past 5 months. I can say firsthand that our of the strong progress being made in Colom- the reestablishment of the binational airbridge significant investment is beginning to pay divi- bia, I urge all of my colleagues to continue denial (ABD) program, which is designed to dends. Together with the strong commitment their support of Colombia’s unified campaign interdict illegal aircraft engaged in transporting of the Uribe Administration and historic levels against narcotics trafficking and terrorist activi- narcotics. The ABD program merits close of support from the Colombian people, U.S. in- ties and their effort to bring democratic secu- oversight, but it has real potential to reduce volvement in Colombia is beginning to hit rity to the country. narco-traficking and to limit illicit weapons sup- narco-terrorists where it hurts. Mr. GIBBONS. Mr. Speaker, I appreciate port to terrorists and other criminal organiza- We are seeing tremendous results in illegal the opportunity to offer some views as part of tions in Colombia. When I was in Bogota last crop eradication, and Plan Colombia’s efforts this evening’s Special Order recognizing the November, I had the opportunity to discuss have produced record reductions in coca pro- third anniversary of Plan Colombia. this issue at some length with Colombian duction and in the destruction of drug labs. As a senior Member of the House Intel- President Alvaro Uribe. President Uribe was Each week brings news of new seizures of co- ligence and Armed Services Committees, I very clear about the urgency of implementing caine and heroin—interdictions that are usu- wanted to take note of the significant gains the ABD program. I am concerned that legal ally the result of U.S.-supplied intelligence. In that have been made since Plan Colombia disputes over the ABD program’s implementa- fact, just this last weekend, Colombian officials was announced in July of 2000 in strength- tion have delayed the renewal of this impor- seized over a ton of cocaine from a drug traf- ening the rule of law and enhancing the sta- tant interdiction program. I strongly urge the ficking boat off the Caribbean coast. The Co- bility of this important democratic ally. As im- Bush administration to resolve any outstanding lombian government is reestablishing state portant, the strategy set forth in Plan Colombia issues affecting ABD implementation imme- presence in areas of the country that for dec- has achieved major positive results in initially diately, and to provide the Colombian Govern- ades lacked it. Criminals who have remained slowing and now reducing Colombia’s cocaine ment with the appropriate support to carry out at bay for years are being captured and extra- production during the past 3 years. an effective and accountable ABD program. dited to the United States for prosecution. Dur- A recent U.S. Government assessment of While these recent trends are somewhat ening the 11 months of President Uribe’s tenure, global coca production trends notes the recent couraging, it is equally clear that our two gov- 68 individuals have been extradited from Co- progress achieved under the Plan Colombia ernments need to maintain their focus on the lombia to the United States. strategy: ‘‘Coca cultivation in Colombia (in Plan Colombia strategic objectives by inten- Mr. Speaker, Plan Colombia is working. I 2002) declined by 15 percent—the first decline sifying ongoing narcotics eradication and inter- have just returned from a trip to Colombia with in Colombia’s coca crop in a decade.... diction programs, and by restoring security Chairman SOUDER and have seen first hand This reduction was largely because of a sus- and essential government services to areas the devastation that drug production and traf- tained aerial eradication campaign in what had threatened by terrorists and narco-traffickers. I ficking has on this country. To those who been the country’s densest coca growing am convinced that Colombia’s fight is also our question our investment, I would ask them to areas.... Cultivation in the Putumayo—site fight—as the terrorism and the narco-traf- visit, as I have, Colombian soldiers who have of the country’s most intensive eradication ef- ficking that are destabilizing Colombia’s demo- lost their limbs or eyesight or sustained per- fort—declined by 80 percent.’’ Nevertheless, cratic institutions pose real threats to Amer- manent disabilities in their battle to return the U.S. and Colombia Governments as- ica’s people and our national security. peace to their nation and keep drugs off sessed in 2002 that Colombia’s coca produc- Mr. GOSS. Mr. Speaker, I am pleased to American streets. I would also ask them to tion zones totaled nearly 362,500 acres with contribute to this evening’s Special Order visit Barrio Nelson Mandela, a USAID spon- the potential to produce 680 metric tons of commemorating the third anniversary of Plan sored facility for internally displaced people pure cocaine. Colombia. who have been forced from their homes by With respect to Colombian heroin produc- As Chairman of the House Permanent Se- drug traffickers and guerillas. This facility tion, the latest assessment in that in 2002, Co- lect Committee on Intelligence, I wanted to showed me how our work on behalf of Colom- lombia’s opium poppy production zones to- discuss the significant and measurable bia’s millions of internally displaced people is taled some 12,200 acres with a potential yield progress that has been made in the past 3 offering men, women, and children a second of some 11.3 metric tons of pure heroin. Ac- years in Colombia on a variety of fronts as a chance at a violence-free, productive life. cording to the DEA, Colombian heroin cap- product of improved coordination and bilateral The United States, however, should not tures approximately 70 percent of the U.S. cooperation between the governments of Co- have to do this alone. An increasingly signifi- marketplace and virtually all of Colombia’s lombia and the United States. cant amount of Colombian cocaine and heroin heroin production is intended for export to the Four years ago, the security situation within is being trafficked through Europe for con- United States. Unlike the aggressive strategies Colombia was extremely unstable—some sumption. I would like to urge our European being applied against Colombia’s coca produc- were saying than that Colombia was unravel- allies to recognize their responsibility to do tion, the bilateral efforts to locate and eradi- ing into a failed state where the national gov- their share in supporting Colombia in the bat- cate opium poppy under Plan Colombia have ernment exercised control of less than 50 per- tle to reduce the supply of drugs entering the lacked a consistent strategy and adequate recent of its territory. Leftist guerrillas from the world market. The war on drugs cannot be sources and personnel. Both the U.S. and Co- FARC and the ELN and rightist paramilitary won without appropriate funds, resources and lombian governments need to work much groups were growing rapidly and expanding tools. Every contribution possible is needed to more effectively to apply new technologies to their reach throughout much of Colombia. disrupt the market and make the drug trade combat and defeat the heroin industry. These terrorist groups were financed by the less profitable. The battle going on in Colom- I wanted to briefly cite two initiatives that are surge in cocaine and heroin production in the bia against narco-terrorism is Europe’s battle elements of the Plan Colombia strategy, which unsecured areas of Colombia as well as by as well. A European contribution to fighting the have real potential to improve Colombia’s se- other widespread criminal activities, such as war on drugs could provide these innocent curity and to enhance the rule of law within mass kidnappings, extortion, murder for hire, people with a better life by strengthening the Colombia’s borders. With Plan Colombia fund- and money laundering. The rule of law in rule of law, protecting human rights, and pro- ing, the United States Southern Command much of Colombia during that time was uncer- viding security for all Colombians. provided resources and training for the estab- tain at best; judges, public defenders, pros- During my recent visit to Colombia, it was lishment of a Military Penal Justice Corps ecutors, and police were being terrorized and evident to me just how effective U.S. assist- within the Colombian military. Since the estab- killed at unprecedented rates. The political, ance is to their government. Colombia’s ability lishment of Colombia’s Military Penal Justice economic and security future of Colombia was to combat both drugs and terror has been Corps in August 2000, over 300 military, po- clearly and increasingly at stake. strengthened due in large part to our support lice, and civilian attorneys have received pro- Given Colombia’s economic and political im- as well as the will and determination of the fessional legal education and training focused portance as a major democratic ally within our Colombian people. With such promising re- on military justice, international humanitarian Hemisphere, it was critical that Colombia and sults over the last 3 years, it is important to law, and operational law. This legal training its friends jointly develop and fund an effort to continue our support and sustain the momen- has had a direct and positive impact on the enhance Colombia’s security, strengthen the

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 9920 E:\CR\FM\A08JY7.046 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6339 rule of law, interdict and eradicate narcotic continuing to build upon the success of Plan preemptive use of force requires as a crops, and grow its economy. During the past Colombia as it enters its fourth year. foundation accurate intelligence re- 3 years, the Plan Colombia initiative has pro- f garding the intentions of other coun- vided a comprehensive strategy to reassert tries and potential enemies around the NATIONAL POLICIES IN IRAQ government control of Colombia’s territory as world. If we are going to use force pre- well as to restore public confidence in the via- The SPEAKER pro tempore (Mr. emptively in the face of imminent bility of Colombia’s democratic institutions. GERLACH). Under the Speaker’s an- threats to this country or to our allies, Since the inauguration of Colombian President nounced policy of January 7, 2003, the we have to know that our intelligence Alvaro Uribe in August 2002, the Colombian gentleman from Pennsylvania (Mr. is accurate. Government has stepped up its implementa- HOEFFEL) is recognized for 60 minutes. Mr. DELAHUNT. Mr. Speaker, will tion of a wide variety of Plan Colombia pro- GENERAL LEAVE the gentleman yield? grams affecting narcotics eradication and Mr. HOEFFEL. Mr. Speaker, I ask Mr. HOEFFEL. I yield to the gen- interdiction, enhanced law enforcement and unanimous consent that all Members tleman from Massachusetts. other security-related measures, and alter- may have 5 legislative days within Mr. DELAHUNT. Mr. Speaker, I native development efforts. which to revise and extend their re- would just simply add one other item A recent United Nations study estimates marks on and to include extraneous that I would hope that tonight we can that Colombian coca production has been re- material on the subject of this Special discuss and that our friend from Illi- duced by 40 percent since Plan Colombia was Order. nois (Mr. EMANUEL) has really, in my begun. With the strong support of President The SPEAKER pro tempore. Is there judgment, done an extraordinary job in Uribe and improved mobility and capacity of objection to the request of the gen- terms of laying out for the American Colombia’s military and police forces, there is tleman from Pennsylvania? people what it is going to cost the tax- an excellent opportunity in 2003 for our bi-na- There was no objection. payers of the United States and the im- tional coca eradication program to eradicate Mr. HOEFFEL. Mr. Speaker, we are pact in terms of service cuts for Ameri- 100 percent of Colombia’s coca production here this evening to talk about Iraq, to cans that that will entail. zones, an area that encompasses over talk about the military activity, to But if for a moment I could just sim- 150,000 hectares. While this is very good talk about the weapons of mass de- ply go to the issue that the gentleman news in the short term, our two governments struction, to talk about the from Pennsylvania raised about the will have to pursue this nationwide eradication postconflict steps that have been taken issue of weapons of mass destruction. and interdiction strategy for at least the next and need to be taken. I am joined this It certainly is well-known that the several years as coca growers are forced out evening by the gentleman from Massa- two premises for the rationale for the of their illegal business and the Colombian chusetts (Mr. DELAHUNT), and the gen- military attack on Iraq as articulated Government is able to establish a stable and tleman from Illinois (Mr. EMANUEL), by the President was, number one, effective security presence in numerous coca and perhaps others, to talk for the next links between the Saddam Hussein re- production zones across Colombia. hour about our national policies in gime and the possession of weapons of While the coca eradication trends show Iraq. mass destruction, coupled with an in- promise, I am concerned that insufficient at- Some of us, myself included, voted in tent to use them by that regime that tention has been given to developing and im- favor of the military authority represented a clear and present danger to plementing an effective strategy to locate and quested by the President to invade the United States and to our people. eradicate Colombia’s opium poppy crop. Our Iraq. Some of us who will be speaking Since the end of the conflict, we no latest U.S. Government poppy crop data esti- tonight voted against that military au- longer hear about links between al mates that Colombia produced 14.2 metric thority. But all of us have some com- Qaeda and the regime of the tyrant tons of export quality heroin in 2002; virtually mon questions. We all salute the brave Saddam Hussein. In fact, I would dare all of this Colombian heroin was exported to and courageous efforts by our young say there is a consensus now that there the United States and represented the large men and women in uniform. They won was no evidence to indicate any col- majority of all heroin consumed by Americans a very impressive military victory in laborative effort or any cooperation be- in 2002. short order. That military victory was tween Saddam Hussein and Osama bin Despite the clear statutory direction and never in doubt, but it was impressive Laden, and, most likely, the opposite funding guidance in both Plan Colombia and nonetheless how well our troops per- was true. in related Congressional authorizations and formed. I am sure the gentleman from Penn- appropriations measures during the past 5 But there are two questions, really: sylvania remembers and I know the years, our bilateral effort against Colombian Is our military mission completed in gentleman from Illinois took note of heroin has been so far insufficient. Given the Iraq? And secondly, are we winning the the fact that about, I think it was in lethal effects of the heroin trade on both our peace? April of 2001, there was a report that countries, this key element of Plan Colombia Now, I would suggest, just to get the Mohammed Atta, the ringleader of demands senior-level attention by both gov- conversation started this evening, that September 11, met with a senior Iraqi ernments, appropriate resources, and the ap- first off, our military mission is not intelligence agent in the Czech Repub- plication of a new, more effective mix of eradi- complete, because we have not found lic. cation and interdiction technologies to locate the weapons of mass destruction. Those b 2215 and kill the opium poppy on the 12,000– weapons are what motivated me to 15,000 hectares where it has been grown in vote in favor of this military author- It was later revealed by the Federal Colombia’s high Andes mountains. ity, because I believed then and I be- Bureau of Investigation that that could Plan Colombia has registered some notable lieve now that it was necessary to dis- not have happened because Mr. Atta at successes in the past 3 years. We need to arm Saddam Hussein of weapons of the time of the alleged meeting was stay committed to this important fight with our mass destruction. But if we cannot find here in the United States plotting Colombian allies—not just for our national se- those weapons of mass destruction, against the American people. No longer curity, but for the safety of countless Ameri- there are serious questions. And we do we hear about links between Sad- cans who are threatened by the linkages be- need a full accounting, first, of where dam Hussein and al Qaeda. So that ar- tween narco-trafficking and international ter- those weapons are so that we know gument proved to be false and inac- rorism. We need to redouble our efforts to they are secured or dismantled and in curate. stem the production and export of heroin and safe custody. Secondly, we need a full Mr. HOEFFEL. If I could reclaim my coca from Colombia, which harm and kill thou- accounting of how accurate our intel- time for a moment just to point out sands of Colombians and Americans every ligence was. Were our intelligence that the gentleman is pointing out year. agencies accurate in the information that the Bush administration has a I commend the leadership of Speaker they gave to the administration? Was growing credibility gap regarding its HASTERT in this important national security ini- that information properly used by the prior claims and the evidence that is tiative. It was his foresight and concerted effort administration? forthcoming after the conflict. And I that has brought us this far. I look forward to And this is not just an academic ex- know the gentleman from Massachu- working with the Speaker on this effort, and ercise. The entire Bush doctrine of the setts (Mr. DELAHUNT) was the first on

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.049 H08PT1 H6340 CONGRESSIONAL RECORD — HOUSE July 8, 2003 this floor to my knowledge to raise the tleman from Illinois (Mr. EMANUEL), if ton indicating that he should be questions about the accusations re- he could give an educated, speculative brought to account or those around garding the country of Niger in Africa. assessment of what would have taken him who are giving advice should be I wonder if the gentleman would place had this same circumstance oc- brought to account. And I agree with share the latest information that has curred today during the Presidency of the gentleman, that would be true. been made public on that score. Mr. Clinton. Mr. EMANUEL. I want to add one Mr. DELAHUNT. Mr. Speaker, the Mr. EMANUEL. Well, heads would thing to this whole discussion if that is latest information is that today, today, have rolled. You cannot allow the okay with the gentleman from Penn- the White House announced that when President of the United States to have sylvania. the President made the statement re- gone up on any speech, let alone a Mr. HOEFFEL. Yes, it is. garding the sale of highly enriched ura- State of the Union, to address the Na- Mr. EMANUEL. Because as we talk nium to the Iraqi regime by a country tion and in this case, this State of the about this memo from Niger and how it in Africa, they made a mistake. Better Union was unique, on the precipice of got into the speech, how it got into the late than never. war, the world with information that British dossier for the justification for Mr. Speaker, I yield to the gentleman was clearly, because of Secretary Pow- the war, what is equally telling and from Illinois (Mr. EMANUEL). ell’s actions, inadequate, not up to missing in the debate is the discussion Mr. EMANUEL. I think it is very im- snuff. Heads would have rolled. There of reconstruction in Iraq. And if you go portant to note this fact that 2 weeks would have been an accounting. There over and pull over at USAID, an agency after the State of the Union, the Sec- would have been an internal account- within the State Department, the plans retary of State was handed that same ing to that; and I think properly so, for Iraq’s reconstruction, I would like information as he was preparing his Congress would have asked for it. to cite some statistics. presentation to the U.N., and he re- I would like to note, I cannot think They call for 20,000 units of housing. jected that data as insufficient and in- what is worse, the fact that they have Yet the budget for this country only accurate. used, since there is ample evidence to calls for 5,000 units of housing here in Now, having worked in the White say that Saddam Hussein was a dic- the United States; 13 million Iraqis, House, having worked on a few State of tator who used chemical weapons on half of the population, will get uni- the Unions, which are the most impor- his own people and started three wars, versal health care. Yet not a single tant speech a President will give in why you would go and stretch informa- penny in the budget presented by the their Presidency outside of an oval ad- administration or passed by a Repub- dress, I cannot think of a moment in tion, damage your own case. I cannot lican Congress does anything to sup- time where you can have a Secretary of figure out what is worse, the fact that port health care for the 42 million State reject the information as inad- they used this phony memo, or the fact working uninsured in this country; equate for their presentation to the that they have had no plan for the oc- 12,500 schools will be given full re- United Nations, and yet is adequate cupation and no strategy for our exit. Mr. ABERCROMBIE. Would the gen- sources for reconstruction and books and sufficient for the President of the tleman allow me to venture perhaps an United States to stand in this well at and supplies. Yet in our country, that desk and address the Nation, the educated guess myself on that score? teachers have to get a tax credit be- world, and for this speech on why we Because they were trying to establish a cause they have to take money out of need to go to war. new doctrine for the United States of their own budget, personal budget, Now, I happened to have supported preemptive warfare. Not that citations their salary to pay for supplies. Four the resolution, but the entire credi- might not have been made with regard million kids in Iraq will be given early bility of our ability to marshal the re- to other military actions by the United childhood education. In the President’s sources of the world as we relate to States in previous times, perhaps up to budget, 58,000 kids cut from Head North Korea and Iran are going to be and even including President Clinton’s Start. We have a deep water port in heretofore questioned. And I always Presidency, but that there was to be Iraq being built from top to bottom. think it is interesting if I were giving established with this a new paradigm Yet the Corps of Engineers in this advice, not that I would be giving ad- of preemption based on an imperial country is cut by 10 percent, their vice, nor would they be seeking my ad- view of the world that the stamp of the budget. vice, that before the President of the United States must be placed upon the I think if we look at the history, the United States was back from Africa, he rest of the world. American people are quite generous would have the name, the phone num- I would venture to further my ques- and quite supportive of our efforts and ber and the forwarding address of the tion to the gentleman from Illinois, if we support the notion of Iraq having a individual that gave that information President Clinton was in office today new beginning. But I do not think they because they would not be in this and this information was revealed would ever support the notion that we White House any longer. today, what do you think the response can deconstruct America while we re- Mr. DELAHUNT. That is a point very of some of our colleagues might have construct Iraq. well taken because several weeks ago, been? Mr. HOEFFEL. Given the extraor- the gentleman from Hawaii (Mr. ABER- Mr. EMANUEL. I can feel the foam dinary examples that the gentleman CROMBIE), our colleague who has joined and the lather building up. We would has just cited of American generosity us, and the gentleman from Pennsyl- not be arguing for 2 weeks whether to help reconstruct Iraq, does the gen- vania (Mr. HOEFFEL) and I were having Congress should call the inquiry an in- tleman think that we are winning the this discussion just as the gentleman vestigation or not. There would be a peace in Iraq? pointed out, the President of the full-blown investigation, and it would Mr. EMANUEL. The fact is that United States in the State of the Union be proper. Because the President of the there is nothing that has gone on post Address made that statement to the United States at that point, at that the war in Iraq that we could not have American people; and one week later Chamber, at that speech, at this po- seen ahead. Nothing new. There was no before the United Nations Security dium would be addressing the world as plan for the occupation. In fact, there Council when he made his presen- the President of the United States is no plan for the exit. We have 158,000 tation, Secretary Powell discarded that speaking for all of us, not just the bod- troops based there as far as the eye can information. But it has taken until ies in here and the cameras up there. see out to the horizon and there is no today, today, more than 6 months Mr. ABERCROMBIE. I do not think family member who can count the days later, that the White House acknowl- we would be speaking in a Chamber as of when they are coming home because edged that that information, and let we are tonight during Special Orders they have no knowledge of when they me quote what they had to say, that it with, again, the press being absent. I are coming home. So nobody can check was incomplete and perhaps inaccurate will presume perhaps some of them are the calendar at home when the hus- information from American intel- watching on C–SPAN. We would not band is coming, the wife is coming, the ligence agencies. have an empty Chamber. On the con- sister is coming, the brother is coming. Mr. ABERCROMBIE. Mr. Speaker, I trary, there would be a full-blown cry Remember, this is the heydays. would like to ask my friend, the gen- throughout the opposition to Mr. Clin- These are the days we are getting the

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.113 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6341 kisses, the hugs and the flowers. A year front end, we would have allies on the Again, I remind my colleagues that from now they will be tired of our pres- back end. And that the only faces in these are the days that are supposed to ence there. the occupation are American and Brit- be flowers and kisses and hugs. A year Mr. DELAHUNT. If I may, the day of ish and others, but dominantly Amer- from now we are supposed to be experi- the hugs and the cheers really could be ican, and, therefore, Americans bearing encing what we are experiencing today. numbered in hours. Since the official this burden alone, which it should not, Not today. end of the hostility as declared by the in both financial and human costs. Mr. HOEFFEL. Before the gentleman President, almost on a daily basis, leaves, let me ask him if he has been b 2230 tragically, American service men and able to figure out what strategy the women are losing their lives. Mr. HOEFFEL. Mr. Speaker, if I can President was pursuing last week when Mr. EMANUEL. I checked that sta- follow up on the comments of the gen- he suggested, in the face of the guerilla tistic. It has been 69 days since the tleman, I certainly agree with him that attacks and ambushes and assassina- President on the Lincoln aircraft car- we need to internationalize the tions of American soldiers, that our op- rier declared our mission complete and postconflict situation in Iraq. We are ponents should ‘‘bring ’em on?’’ Could 70 Americans have died; 69 days, 70 bringing on ourselves the frustrations any of the gentlemen joining me on the Americans since May 1. of those people. We do not have anyone floor today tell me what they think the Mr. DELAHUNT. And they are all in sharing the burden other than the Brit- President’s strategy was with that our prayers. But I would like to make ish. We do not have anyone else shar- comment? one other observation if I can. I do not ing responsibility or blame for things Mr. EMANUEL. As a former staff want the American people as they that are going wrong. person who worked for a President, I watch here tonight to think that this We need to bring in NATO to help believe that every staff person in that is just simply four Democrats railing with peacekeeping. We need to bring in White House who was sitting on the for political purposes against the White the United Nations to help with recon- side cringed when they heard that, be- House and the administration. I know struction. And, obviously, the United cause you cannot but think that there that many of our colleagues on the States would be the major partner in was a President whose rhetoric got other side share our concerns. And I both of those operations. We still ahead of where the policy is and what found extraordinarily interesting an would be very deeply involved, but we they were saying. article that was penned by someone would have international allies and Nobody would ever suggest that our whom we all respect, Senator RICHARD international institutions to help with men and women in uniform, who are LUGAR of Indiana, who chairs the Sen- resources and to help with credibility doing all of us proud, should be the ate Foreign Relations Committee. and to help with responsibility for the focus of further attacks, this notion of And if I might, just for a moment, work that needs to be done. ‘‘bring ’em on.’’ We have lost 70 Ameri- read his words: We need to turn over to the Iraqis as cans in 69 days. There are other Ameri- The combat phase of our war in Iraq ended quickly as possible two things: One, cans we have lost in this whole battle, with a speedy, decisive victory and minimal their oil; and, secondly, their govern- but 70 Americans who are fathers, who loss of life. That impressive success is now at ment. We need to make sure that the are mothers, who are brothers, sisters, risk. Clearly, the administration’s planning Iraqi oil industry is transparent, cor- for the post-conflict phase in Iraq was inad- who are Boy Scout coaches, leaders in equate. I am concerned that the Bush admin- ruption-free, and the proceeds from their community, YMCA leaders. And istration and Congress have yet to face up to which are used to rebuild Iraq. And we the notion that somebody would sit the true size of the task that lies ahead or have to turn over to the Iraqis their here in the comfort of our great coun- prepared the American people for it. The ad- own government. We are moving way try in our capital and say ‘‘Bring ’em ministration should state clearly that we are too slowly to do that. on’’ to our soldiers I think misses what engaged in nation building. We are con- Paul Bremer, the viceroy occupier, I they are facing every day. And I think structing the future in Iraq, and it is a com- am not sure what his title is, has post- it was a very, very unfortunate choice plicated and uncertain business. The days poned repeatedly the formation of an of words. when Americans could win battles and come Iraqi interim government. He is now home quickly for a parade are over. And Mr. ABERCROMBIE. If the gen- when some in the Pentagon talk about quick calling it an advisory committee that tleman would yield a moment further exit strategies or say dismissively that they he will appoint to advise him. I do not in that regard and in that context, I do don’t do nation building, they are wrong. think that is the way to give the Iraqis think that the response to the gentle- This comes from a Republican, high- the stake in their future government man’s question is that the President, ly regarded and well respected. It is im- that they expect and deserve. and my point to my colleague is, I won- portant that we are doing this here to- Mr. EMANUEL. If I can add one der if he could corroborate or whether night so the American people know thing to this debate before I need to go. he would agree that the President, at that, so they hear the truth. I remember during the Reagan admin- least in my estimation, has said that Mr. EMANUEL. The fact is among us istration there was an open public dis- this is wide open; that this does not four we had different opinions and cussion between the Secretary of De- have an end; that the calculations will votes on whether we should or should fense and the Secretary of State, which be made on essentially an ad hoc basis; not go to war, whether there was a case continued in years past, about the fact and that there is nothing that he can for a war. that we could not get into a military foresee at this moment that would lead Mr. DELAHUNT. I voted against the operation without an exit strategy. us to the kind of exit strategy conclu- resolution. The gentleman from Penn- And I think it would behoove all of us sions that the gentleman has raised. sylvania (Mr. HOEFFEL) voted to sup- in this institution, regardless of party Mr. EMANUEL. Well, my worry is port it, as did the gentleman from Illi- or regardless of position, if we could not only do we not know the standard nois (Mr. EMANUEL); and the gentleman define what the exit strategy is. What for our exit, and that before you get from Hawaii (Mr. ABERCROMBIE) voted is the test? What is the standard? into any military engagement, you against it. When we have 70 deaths in 69 days, should know what your exit strategy Mr. EMANUEL. But we are united in and some people, I think Senator is; that because we have 168,000 troops our view that an administration should LUGAR noted that we have to level with based now in all of Iraq, with no ability not mislead the America people; that a the American people we are here of any ally to come and replace our person who gave the President the maybe 5, 10 years, that does not sound troops at a serious level, that our wrong information needs to be held ac- very convincing for an exit strategy forces are stretched thin when it comes countable because all of our reputa- and a standard that says here is when to the war on terrorism because of tions are on the line when the Presi- we know we are done. We cannot just their occupation and being tied down dent of the United States is talking to say to the American people that we in the deserts of Iraq. the world with our judgment and jus- will know when we are done when we Now, I think we are there, and we tification. Second, that as we plan for are done. We cannot have an open- have to help turn this country around, this occupation, that if we had done ended checkbook and an open-ended but clearly now our troops are being the hard work of building allies on the sense of lives that are to be lost. targeted from guerilla warfare and

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.114 H08PT1 H6342 CONGRESSIONAL RECORD — HOUSE July 8, 2003 from terrorists. Our ability to do what the world, not just in Afghanistan, but Mr. HOEFFEL. The gentleman is cor- we need to do around the world, both in the Philippines, Yemen, and dozens of rect. We are appropriating $29 billion Afghanistan and other corners of the places, now possibly in Liberia, again next year for veterans health care. We world, our resources are being under circumstances that are not clear need $30 billion to meet all of our obli- stretched thin and spread thin when it as to where we are going, what we are gations, our moral obligations, and we comes to the war on terrorism. doing, and who we are doing it with. are not measuring up, and it is wrong. Mr. DELAHUNT. Mr. Speaker, I am The President says, ‘‘Bring ’em on,’’ Mr. ABERCROMBIE. If the gen- glad the gentleman mentioned Afghan- but here is the congressional responsi- tleman would yield in turn, to follow istan, and I know he has another ap- bility and obligation as manifested in up on my point in regard to our anal- pointment, but let us review for a mo- the appropriations which follow on our ysis, or rather not so much an analysis, ment where we are in terms of Afghani- authorizing personnel. And what we I daresay, but our observation that stan. are saying is, is that the same deploy- these offhand remarks, these ad hoc re- How long have we been in Afghani- ments that have been taking place up marks by the President, which take on stan? We are talking years already. until now, which have put such an the weight of policy, such as ‘‘Bring And yet what progress have we made in enormous strain on the Guard and Re- ’em on,’’ this kind of childish assess- Afghanistan? The American people serves are going to continue. We are ment of what constitutes the ground should be aware of the fact that it is a not adding a single person. We are not operations in Iraq, are now followed by mess. The President of Afghanistan, facing with any respect whatsoever the an observation of the President that President Karzai, whom we supported realities of what these deployments Mr. Taylor, the President in Liberia, from the beginning, is unable to travel and the obligations attendant upon has to go. throughout Afghanistan. He is just them will require of us. Now, where he is going and how he is about able to leave the central district That is why we are here in the going and under what circumstances is of the capital city of Kabul. We did not evening during these Special Orders not said. And the questions from the conclude our work there before we took trying to reach out to the American press, the press which is absent, which on another military intervention of a public to explain that we are not quies- do not appear, at least as far as I can much different magnitude, much larger cent on this. We are not merely observ- tell; now, whether or not people in the size, when we went into Iraq. ers. We are trying to participate in a White House are so covetous of being in As has been stated by all three of my respectful and responsible way as Mem- the White House that they do not dare colleagues tonight, America’s word is bers of Congress. But we have to rouse ask the question that anybody with at risk here. If we just go back again to the attention of the American people any journalistic bent worthy of the the quality of the intelligence, I do not to let them know that we are failing name would ask, just who is supposed want to leave the impression with those men and women in the armed to replace Mr. Taylor when he does go, those who are watching this conversa- services if we think for a moment that wherever you think he should, provided tion that we are having tonight that we are providing adequate support and you have got that far? this is, again, exclusively restricted to foundation for what we expect of them. b 2245 Mr. DELAHUNT. I would say to my Democrats. These are concerns that colleague that that is only half the Mr. Speaker, the reason I raise this are shared across the aisle. This is sim- story. When those men and women issue and the reason I raise it in the ply too important. Decisions were come home, when they are discharged present context is if you think we had made regarding whether to wage war from Active Duty, and when they as- no planning in Iraq, I can tell you now based on this intelligence, and, clearly, sume the title of veteran, what are we and tell the American people and tell that is, in our democracy, a question of doing to them then? What are we doing my colleagues we do not have a clue or the most serious consequence, to wage to them then? Well, what we are doing an idea of what we will do in Liberia in war. to them is, in some respects, discrimi- terms of who will replace Mr. Taylor Mr. ABERCROMBIE. May I follow up nating against them. We are creating and who will prevail when he leaves. in that context? new categories of veterans who no Now, are we to send in not tens of Mr. DELAHUNT. Certainly. longer will have access to veterans thousands of, but perhaps hundreds of, Mr. ABERCROMBIE. Today, as I am American soldiers into a situation that sure my colleagues will acknowledge, health care. That is unconscionable. We send them to war, and when they we do not have the slightest idea, nor and not everyone who is observing us come home, we reduce their benefits has there been any discussion in the and listening tonight may be aware, we and, in fact, eliminate some of these Congress about what we are going to passed a defense appropriations bill heroes and heroines from having access do, how, when or why we are going to from this House. If anything should re- to health care provided by the Vet- do it, and what the circumstances will flect the concern of the administration erans Administration. That is shame- be upon the action taken. with regard to the issues of resolving ful. Now, I for one admonish all of us to the consequences of our attack in Iraq, Patriotism is more than just simply take into account where we are now in it should be contained in here. raising the flag. The flag represents re- Iraq and remember that we face ex- I have, for my colleagues’ informa- spect, respect especially for men and actly the same circumstances in terms tion, Mr. Speaker, referring to the women who serve this country in the of lack of forward-planning policy with House Action Reports, a Congressional military, and we are disrespecting and regard to Liberia, and the con- Quarterly publication, a fact sheet edi- dishonoring them. That is wrong. sequences could be just as severe. The tion published today on defense appro- Mr. HOEFFEL. If the gentleman will numbers might be different, but the priations. In it, section 3 addresses yield on that point, is he aware that situation is the same. We have an ad- military personnel. It includes things the Bush tax cuts in 2004 will reduce ministration now that thinks that like a military pay raise and a civilian revenues about $60 billion, and that for military action in and of itself con- Defense Department pay raise. Active $1 billion we could fully fund our obli- stitutes political policy. Furthermore, Duty personnel are listed at 1,388,100 in gations to all of the veterans, including support for the troops is then defined fiscal year 2004, equal to the Presi- category 7 and category 8 veterans, so as being support for whatever political dent’s request of 1,600 less than the cur- that they all would get the health care agenda they have. Now, that is what we rent level. On Reserves, the bill sets a that we promised all veterans? are facing this evening. ceiling on Reserve personnel for a total We are $1 billion short. Now, $1 bil- No one can say if only for the fact of 863,300 in the next fiscal year, equal lion is a lot of money. that we appear here on the floor to- to the administration’s request of 1,258 Mr. DELAHUNT. But when it comes night that due warning has not been less than the 2003 level. to Iraq, we are going to be sending hun- given to the American public by Mem- Now, think about it. We now have dreds of billions of dollars, as the gen- bers serving in the Congress of the 150,000 plus people committed in Iraq tleman from Illinois indicated, to build United States that we should have a under the circumstances and condi- schools, to provide health care, and to full debate with respect to what we are tions that have been discussed here to- provide deepwater ports, but we cannot going to do in Liberia, most particu- night, personnel deployed throughout take care of our own veterans. larly in the wake of what is taking

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.116 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6343 place in Iraq, and that before any ac- Iraq, General James Conway, said U.S. A comment by Larry Johnson, one of tion is taken in Liberia, the will of the intelligence was simply wrong in lead- those talking heads that we always see Congress has to be determined. ing the military to believe that the in- on those cable programs, he used to be I would hope that we take the most vading troops were likely to be at- a CIA analyst and worked at the State serious and sober view before we com- tacked with chemical weapons. I re- Department, referring to the low mo- mit American troops in furtherance of spect the general for making that rale among the intelligence commu- a political agenda, and that political statement; and it is time that the ad- nity: ‘‘I have never heard this level of agenda is made manifest for the world ministration, the President and those alarm before. It is a misuse and abuse to judge on the basis of action by who, upon review, discovered that the of intelligence. The President was mis- American troops. premises and the facts that supported led. He was ill-served by folks who are Mr. HOEFFEL. Mr. Speaker, I thank those premises were inaccurate or in- supposed to protect him on this. the gentleman for his comments. I correct, it is time to acknowledge them Whether this is witting or unwitting, I think we need to learn our lessons and and restore the confidence of the Amer- do not know.’’ learn them well and ask the questions ican people and the people of this world Mr. HOEFFEL. Mr. Speaker, I am that need to be asked and avoid the in the integrity of the United States sure the gentleman is aware that there taunts and the arrogance that can get and its leadership. is a perfectly rational reason why the us into a lot of trouble when we fail to These are just some quotes from in- White House admitted this week that think things through. telligence officials, individuals who they made a mistake with the Presi- I would like to point out to my col- have no particular partisan ax to grind, dent’s State of the Union speech in leagues that editorial opinion is focus- and these are reports from the New which he claimed Iraq was trying to ing on the President’s comments and York Times, and I am quoting, ‘‘As an buy uranium from Africa. The reason on the post-conflict realities in Iraq. employee of the Defense Intelligence that the White House had to finally The Philadelphia Inquirer on Sunday Agency, I know how this administra- admit their error is they were basing in response to the President’s com- tion has lied to the public to get sup- this on British intelligence, and the ments about ‘‘bring it on’’ in their lead port for its attack on Iraq. Some oth- British system has resulted in an open inquiry where British parliamentarians editorial title ‘‘Bring Reality On,’’ said ers see a pattern not so much of lying have investigated and continue to in- continued hubris in high places height- as of self-delusion and of subjecting the vestigate the question of the accuracy ens risks for U.S. soldiers in Iraq. The intelligence agencies to these delu- of their intelligence prewar, and the Inquirer asks: ‘‘Mr. President, do you sions.’’ live in a playhouse or the White House? Another quote, ‘‘ ‘The American peo- uses of that intelligence by the Blair Childish taunts such as that are not ple were manipulated,’ bluntly declares administration. They have concluded that while the calibrated words demanded of the one person from the Defendant Intel- Prime Minister Blair did not himself United States President at this turn of ligence Agency who says that he was mislead the public, that this informa- history’s wheel.’’ And the Philadelphia privy to all of the intelligence on Iraq. tion regarding the purchase of uranium Inquirer goes on to make several points ‘These people are coming forward be- in Africa was simply wrong and was about the reality that is needed in our cause they are fiercely proud.’ ’’ He is based on forged documents. policy. referring to intelligence analyses at This White House could no longer First, they say get real about the the Defense Intelligence Agency, and maintain the fiction that there was number of U.S. troops needed to estab- those that are watching should be any basis in anybody’s intelligence re- lish and maintain order for months to aware that there are many intelligence ports that Saddam Hussein was trying come; get real about the full scope of agencies, but this is the consensus of to buy uranium in Africa, and they reconstructing Iraq, its costs and dura- their opinion, that they are fiercely simply had to because of a more open tion; get real about cutting taxes. The proud of the deepest ethic in the intel- system in England where their Par- incumbent is the only President, the ligence world, that such work should liament has been more aggressive than Inquirer says, in the Nation’s history be nonpolitical and are disgusted at ef- this Congress. They had to face reality. to cut taxes in the middle of a hot war. forts to turn them into propaganda. Mr. DELAHUNT. I am sure that C– They say get real about spurning the This is from an individual who re- SPAN viewers have witnessed those value of the United Nations; get real tired in September after 25 years in the hearings. Sources and methods were about the democratic aspirations you State Department. His name is Greg protected. No State secrets were given unwisely inflated among the long-op- Thielmann, and he spent the last 4 out. It was a respectful discourse; and pressed, divided Iraqi population; and years of his public service in the Bu- it informed the British people, a peo- get real about admitting mistakes. reau of Intelligence and Research, and ple, by the way, who sent men and Mr. DELAHUNT. Mr. Speaker, obvi- these are his quotes: ‘‘The al Qaeda women into combat with the United ously we all make mistakes, but it is connection and nuclear weapons issues States. But I do not believe that is the important to acknowledge the making were the only two ways that you could only reason, and I am directing this to of mistakes. I would submit that if link Iraq to an imminent security the gentleman from Pennsylvania (Mr. Secretary Powell had information that threat to the United States, and the HOEFFEL) because while they admitted was available to him a week after the administration was grossly distorting it today, ironically Sunday there ap- President of the United States in his the intelligence on both things.’’ peared an article in the New York State of the Union message referenced The outrage among the intelligence Times written by the individual, a the sale of uranium by an African professionals is so widespread that former ambassador who, on behalf of country to Saddam Hussein, then it is they have formed a group, an associa- the CIA, went to Nigeria to investigate almost inconceivable that the Sec- tion, called the Veteran Intelligent this assertion that, according to some retary of State, Colin Powell, would Professionals for Sanity, and they newspapers, came via the Italian intel- not have had a conversation with the wrote to President Bush this past ligence service, and what he has to say President suggesting or informing him month to protest what they called, and in his words, one might draw the infer- that he did not find that information again this is their language, ‘‘a policy ence prompted this response today by reliable in terms of his presentation to and intelligence fiasco of monumental the White House. Some might claim it the United Nations; and yet for 6 proportions.’’ to be an effort at damage control. But months the White House, the Presi- I am quoting from their letter: his name is Joseph Wilson, and the ar- dent, has continued to insist on the re- ‘‘While there have been occasions in ticle is entitled ‘‘What I Didn’t Find In liability of the intelligence that he se- the past when intelligence has been de- Africa.’’ lected when he made his presentation liberately wopped for political pur- He starts it by saying, ‘‘Did the Bush to the American people. poses, never before has such wopping administration manipulate intelligence The complaints are not coming just been used in such a systematic way to about Saddam Hussein’s weapons pro- from this side of the aisle, but are com- mislead our elected representatives grams to justify an invasion of Iraq? ing from the intelligence community. into voting to authorize launching a Based on my experience with the ad- Even the top U.S. Marine officer in war.’’ ministration in the months leading up

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JY7.118 H08PT1 H6344 CONGRESSIONAL RECORD — HOUSE July 8, 2003 to the war, I have little choice but to fear it would be called dissent, as if we should discuss this with other Mem- conclude that some of the intelligence there was already an understanding as bers of the House, but I for one would related to Iraq’s nuclear weapons pro- to what the correct position should be like to extend an invitation to some of gram was twisted to exaggerate the when it comes to issue of life and death our colleagues who serve in the Par- Iraqi threat.’’ as we face now in Iraq and other places liament, in the House of Commons, to Mr. Speaker, I am not going to read where American troops are deployed. come to the United States, or maybe the whole article, but it is extraor- I believe it is an absolute necessity of some of us to go there to further this dinarily informative. Maybe we can do democracy that we have the fullest and discussion, because I was so impressed it here in the United States as well as freest and the deepest and with the with British democracy after viewing they can do it in the United Kingdom. widest breadth of discussion that it is on C–SPAN those hearings that we Mr. ABERCROMBIE. Mr. Speaker, I possible to have, and that is what we have alluded to tonight. And there is want to assure our colleagues as well are going to be doing on this floor. real deep concern among the British, as those who may be observing and lis- Mr. DELAHUNT. Mr. Speaker, we and it is clear that it is having an im- tening to us that we do not intend to would be derogating our duty. And I pact in Britain to a far more signifi- make this a 1- or 2- or 3-time deal. applaud the eloquence and the obvi- cant degree, unfortunately, than it ap- ously genuine commitment that the pears to be having in this country. b 2300 gentleman from Hawaii just respected. Maybe at some point in time, because I This is not two or three Members of We would not be honoring our obliga- really believe it is necessary to have an Congress off on some individual cru- tion, and additionally we would be fail- independent commission depoliticize sade. We are not here simply to re- ing those members in the military that this issue, take it out of the realm of count those things with which we have have fought as well as they have, and partisan politics. a disagreement. What we feel very we would be failing those individuals in Yes, there are congressional committees going on, but we know that there strongly about is what I believe is the the Intelligence Community that have was an independent commission that views of the overwhelming majority of expressed their views. the people of the United States and It brings to mind a story that again was chaired by former Senator Rudman and former Senator Gary Hart that, most certainly those who have talked appeared in the newspapers shortly be- unfortunately, they examined national to me about that Members of Congress fore we broke, I think it was the day security and just about predicted the have not stepped up to the plate with that we broke, where someone stood up events of September 11. It is so impor- regard to the discussion of these issues and testified before a House Permanent tant to restore the confidence of the in illuminating what is at stake for Select Committee on Intelligence. people in our national security, in our this country, and that right now some There was a number of intelligence of- system. I think that happens to be the of these corporation-controlled media ficials within this closed hearing. Of answer, but I would really welcome the networks and the organs of the execu- course, it appears in the press, so I can input from the members of Parliament, tive government are controlling the speak about it. And this individual’s message that is out there, and only from the House of Commons that sat in name is Christian Westerman, and he on those hearings to come and give us free men and women, freely elected happens to be a top State Department with the faith and trust of the elec- their observations. expert on chemical and biological I was particularly impressed with torate, the people have put us into weapons, and he told the committees former Minister Robin Cook and a fe- these positions of trust here in the peo- that he had been pressed to tailor his male former member by the name of ple’s House. analysis on Iraq and other matters spe- Claire Short. I would think that if we It is up to us with that kind of an ob- cifically pertaining to Cuba to conform invited them, they would come here, ligation placed upon us by the people with the Bush administration’s views. and hopefully the American media, as to speak out and to speak up, to speak That is unacceptable. He is viewed the gentleman from Hawaii (Mr. ABER- forthrightly, to speak with as much within the Department, according to CROMBIE) have put up with, finally knowledge as we can bring to bear, to reports, as a careful and respected ana- start to take a good look, because this exercise such judgment as we are able lyst of intelligence. He served in the is an issue that is not going to go away to bring to bear, and to keep the people Navy, and he was obviously not com- because it is about time that we re- of this country informed, and to let fortable making that statement, but flected and began to see ourselves as them know that we will not be silenced that kind of courage is important if we others are viewing us if we are going to in this, that we are going to be back are going to ascertain the truth. continue to claim a certain moral au- night after night after night, and that And whatever the truth is, the Amer- thority in this world. if we cannot get these issues discussed ican people deserve the truth, and it is Mr. HOEFFEL. Mr. Speaker, I thank during the regular business of the day, our responsibility to make every effort the gentleman for his comments, and I then rest assured we will be here in the that we can to seek it. And I want to would only add it would also be nice if Special Orders that are given to us associate myself with the words of the we could be joined by our friends across here in the people’s House to make cer- gentleman from Hawaii (Mr. ABER- the aisle in some of these discussions tain that the hammer of truth is going CROMBIE). during these special orders. I thank my to come down on the anvil of inquiry Mr. HOEFFEL. Mr. Speaker, I thank colleagues for being part of this discus- that is required of a free people in a the gentleman for his comments, and I sion. democratic society. actually wrote those words down. ‘‘The Ms. JACKSON-LEE of Texas. Mr. Speaker, We are going to return here again. hammer of truth will be brought down I rise today to comment on the Special Orders We invite our colleagues to engage in on the anvil of inquiry,’’ and that is matter related to Post-Conflict Iraq and the this colloquy. We invite our colleagues our job. It is our challenge here. It is U.S.–U.N. involvement therein. I ask that our to come forward and express their not unpatriotic to ask questions. It is colleagues remember that two wars and over views. We invite our colleagues to not unpatriotic to seek accountability. a decade of sanctions have crippled Iraq’s income forth and make inquiry of one an- It is not unpatriotic to dissent. In fact, frastructure. With respect to the events that other so that we can be better informed it is the highest form of patriotism to led to the need for Iraq rebuilding, I renew my ourselves, so that we do not have a cir- seek the truth, to ask questions, to try concerns that there has been an apparent cumstance that comes to fruition again to get to the bottom of this in the break down in U.S. intelligence as to the in this Nation such as we experienced name of the American people. search for Weapons of Mass Destruction in Vietnam. I know our time is short. Mr. Speak- (WMD) that suggests that the current adminis- If anything motivates me to be down er, does either gentleman have any tration may have misled the public in order to here on this floor, I see parallels. I am concluding remarks? garner support of the war in Iraq. Secondly, not drawing analogies, but I see par- The gentleman from Hawaii I thank because the international community looks, in allels, distinctly fearful parallels, to for being here. large part, to the United States as the nation what took place in Vietnam in which The gentleman from Massachusetts. with the best ability to aid in the job of rebuild- we were urged to keep quiet, in which Mr. DELAHUNT. Mr. Speaker, I won- ing Iraq, it is important that our leadership re- we were urged not to say anything for der if at some point in the future, and spect its humanitarian needs, especially of the

VerDate Jan 31 2003 04:22 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 9920 E:\CR\FM\K08JY7.119 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6345 right to self-determination and ensure that working group to craft a comprehensive strat- SPECIAL ORDERS GRANTED these needs take precedence over capitalistic egy for the reconstruction of Iraq. I am deeply By unanimous consent, permission to prospect. Moreover, as will be evidenced by troubled by the reports we are receiving from address the House, following the legis- my introduction of a bill to authorize the forma- Iraq. The picture that was painted for us be- lative program and any special orders tion of a women’s peace commission, I strong- fore the war—what we would find and how the heretofore entered, was granted to: ly advocate the involvement of women in the Iraqi people would respond to being ‘‘liber- (The following Members (at the re- peace and rebuilding process in leadership ca- ated’’—seems to be wholly inaccurate. It quest of Mr. PALLONE) to revise and ex- pacities. In fact, not only should the women’s seems that our forces, as well as the Amer- tend their remarks and include extra- peace commission be composed of Members ican people, were unprepared for the chal- neous material:) of Congress, American small, minority, and lenges we are now facing. It is essential that Mr. DEFAZIO, for 5 minutes, today. women-owned businesses should also be ac- we develop a truer vision for the future of Iraq, Ms. EDDIE BERNICE JOHNSON of Texas, tive in the rebuilding process. and a realistic plan for making that vision for 5 minutes, today. As to the potential misleading of the public come to be. Doing so will demand all the ex- Ms. JACKSON-LEE of Texas, for 5 min- as to the U.S. motive for waging war on Iraq, pertise and experience that Congress has to utes, today. I will offer a resolution calling for the establish- offer. (The following Members (at the re- ment of an independent commission to study To tap into those skills, we should form a quest of Mr. DUNCAN) to revise and ex- the performance of U.S. intelligence agencies working group, composed of a diverse array of tend their remarks and include extra- in gathering and disseminating intelligence on qualified and committed Members of Con- neous material:) WMD in Iraq, the current administration’s gress. Conceptually, we must immediately dis- Mr. BURTON of Indiana, for 5 minutes, knowledge of WMD in Iraq, and the accuracy pense with partisanship and turf-wars and today and July 9, 10, 14, and 15. of the information given to the public. During come together to form a plan that is right for Mr. GUTKNECHT, for 5 minutes, today a Presidential address on March 17, 2003, our troops, right for the people of Iraq, and and July 9 and 10. President Bush stated, ‘‘Intelligence gathered worthy of support and financing by the Amer- Ms. ROS-LEHTINEN, for 5 minutes, by this and other governments leaves no ican people. We do not have the luxury of today and July 9. doubt that the Iraq regime continues to pos- time to start this discussion in both the House Mr. KOLBE, for 5 minutes, today and sess and conceal some of the most lethal and Senate, a dozen committees, and then July 9. weapons ever devised.’’ Thereupon, the ad- assimilate ideas later. So, I propose that we Mr. SMITH of Michigan, for 5 minutes, ministration initiated Operation Iraqi Freedom convene a joint House-Senate bipartisan work- today. on March 19, 2003. Although the public jus- ing group on Iraq. Mr. JONES of North Carolina, for 5 tification for this war was Saddam Hussein’s Since tensions began to escalate in Iraq last minutes, today. alleged possession of WMD, we have seen year, I have consistently fought for resolving Mr. DUNCAN, for 5 minutes, today. nothing to date in the form of WMD in Iraq. the crisis with four goals in mind: minimizing f This failure to locate any WMD in Iraq or any the loss of American lives; minimizing the im- ADJOURNMENT evidence that WMD have been destroyed or pact on the Iraqi people; minimizing the costs Mr. HOEFFEL. Mr. Speaker, I move relocated strongly suggests the U.S. to the American taxpayers; and ensuring that that the House do now adjourn. intelligence’s inaccuracy or the inaccurate our work in Iraq leads to long-term peace and The motion was agreed to; accord- communication of this information to the pub- stability in Iraq and the Middle East. I believe ingly (at 11 o’clock and 9 minutes lic. At this point, thorough assessment of the that those of us against the war, as well as p.m.), the House adjourned until to- performance of U.S. intelligence agencies with those who supported it, can all agree on those morrow, Wednesday, July 9, 2003, at 10 respect to the gathering of information as to four principles. We owe it to our troops and to a.m. WMD will be required to restore public con- the people of Iraq to acknowledge the prob- fidence in the American Government before lems that exist, and to make the investments f we are in a position to efficiently offer genuine of time and money necessary to get the job EXECUTIVE COMMUNICATIONS, aid in the rebuilding process of Iraq. done—so we can bring our troops home. ETC. The United Nations (U.N.) has been in the f nation-building/rebuilding business on a world- Under clause 8 of rule XII, executive wide scale for over a decade: East Timor, LEAVE OF ABSENCE communications were taken from the Speaker’s table and referred as follows: Cambodia, Kosovo, Bosnia, Haiti, and to some By unanimous consent, leave of ab- extent El Salvador, Guatemala, and parts of sence was granted to: 3009. A letter from the Principal Deputy Africa. Although the U.N. has experts and ex- Associate Administrator, Environmental Mr. CRAMER (at the request of Ms. Protection Agency, transmitting the Agen- perience, it does not have sufficient resources PELOSI) for today and the balance of cy’s final rule — Extension of Tolerances for in which to undertake the task of rebuilding the week on account of official busi- Emergency Exemptions (Multiple Chemicals) Iraq. While, as I mentioned above, the inter- ness. [OPP-2003-0179; FRL-7311-5] received June 20, national community looks to us for the lion’s Mr. FROST (at the request of Ms. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the share of support resources, we must yield to PELOSI) for today on account of busi- Committee on Agriculture. the U.N. as a legitimizer of a new order in ness in the district. 3010. A letter from the Principal Deputy Associate Administrator, Environmental Iraq. Legitimacy through international alliances Ms. HARMAN (at the request of Ms. Protection Agency, transmitting the Agen- PELOSI) for today and the balance of and high overt purpose is vital to an effective cy’s final rule — Flufenacet (N-(4- rebuilding process. The U.N. power is that be- the week on account of official busi- fluorophenyl) -N-(1-methylethyl)-2-[[5- stowed upon it by its member-nations; how- ness. (trifluoromethyl)-1,3,4-thiadiazol -2-yl]oxy] ever, it has great capacity to bestow legit- Mr. HASTINGS of Florida (at the re- acetamide; Pesticide Tolerance [OPP-2003- imacy to this effort. In obtaining legitimacy quest of Ms. PELOSI) for today and July 0181; FRL-7313-9] received June 20, 2003, pur- through the U.N., we must not abuse the inter- 9 on account of official business. suant to 5 U.S.C. 801(a)(1)(A); to the Com- est in self-determination of the Iraqi people. All Ms. MILLENDER-MCDONALD (at the re- mittee on Agriculture. 3011. A letter from the Acting Principal ameliorative efforts should aim toward the goal quest of Ms. PELOSI) for today and the balance of the week on account of a Deputy Associate Administrator, Environ- of facilitating Iraqis in running their own trials mental Protection Agency, transmitting the without the involvement of U.N. international family emergency. Agency’s final rule — Clothianidin; Pesticide expertise. Furthermore, the United Nations will Mr. SANDLIN (at the request of Ms. Tolerance [OPP-2003-0133; FRL-7306-8] aid the effort to build internationally acceptable PELOSI) for today on account of busi- Revceived May 29, 2003, pursuant to 5 U.S.C. electoral machinery and run elections for the ness in the district. 801(a)(1)(A); to the Committee on Agri- rebuilding nation. Experienced U.N. advisers Mr. GIBBONS (at the request of Mr. culture. could remain in government ministries, for DELAY) for today and the balance of 3012. A letter from the Acting Principal years if necessary, without creating looking the week on account of traveling with Deputy Associate Administrator, Environ- a congressional delegation to Iraq. mental Protection Agency, transmitting the like an occupation. Agency’s final rule — Methoxyfenozide; Pes- As to the method of rebuilding Iraq, I have Mr. GOSS (at the request of Mr. ticide Tolerance [OPP-2003-0088; FRL-7308-6] suggested the creation of a bipartisan, bi- DELAY) for today and the balance of received May 29, 2003, pursuant to 5 U.S.C. cameral working group on Iraqi reconstruction. the week on account of official busi- 801(a)(1)(A); to the Committee on Agri- I proposed the convening of an immediate ness. culture.

VerDate Jan 31 2003 04:47 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.051 H08PT1 H6346 CONGRESSIONAL RECORD — HOUSE July 8, 2003 3013. A letter from the Deputy Associate Protection Agency, transmitting the Agen- ated Operations [WV050-6029a; FRL-7503-9] re- Administrator, Environmental Protection cy’s final rule — Approval and Promulgation ceived May 29, 2003, pursuant to 5 U.S.C. Agency, transmitting the Agency’s final rule of Air Quality Implementation Plans; State 801(a)(1)(A); to the Committee on Energy and — Bacillus thuringiensis Cry34Ab1 and of Colorado; Credible Evidence [SIP NO. CO- Commerce. Cry35Ab1 Proteins and the Genetic Material 001-0075a; FRL-7512-7] received June 20, 2003, 3033. A letter from the Acting Principal Necessary for their Production in Corn; Tem- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Deputy Associate Administrator, Environ- porary Exemption from the Requirement of a mittee on Energy and Commerce. mental Protection Agency, transmitting the Tolerance [OPP-2003-0154; FRL-7310-1] re- 3025. A letter from the Principal Deputy Agency’s final rule — Approval and Promul- ceived July 1, 2003, pursuant to 5 U.S.C. Associate Administrator, Environmental gation of Air Quality Implementation Plans; 801(a)(1)(A); to the Committee on Agri- Protection Agency, transmitting the Agen- Pennsylvania; Removal of Alternative Emis- culture. cy’s final rule — Approval and Promulgation sion Reduction Limitations [PA158-4206a; 3014. A letter from the Deputy Associate of Air Quality Implementation Plans; Utah; FRL-7504-6] received May 29, 2003, pursuant Administrator, Environmental Protection SIP Renumbering [SIP NO. UT-001-0048, UT- to 5 U.S.C. 801(a)(1)(A); to the Committee on Agency, transmitting the Agency’s final rule 001-0049, FRL-7501-5] received June 20, 2003, Energy and Commerce. — Diallyl Sulfides; Exemption from the Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3034. A letter from the Acting Principal quirement of a Tolerance [OPP-2003-0134; mittee on Energy and Commerce. Deputy Associate Administrator, Environ- FRL-7303-6] received July 1, 2003, pursuant to 3026. A letter from the Principal Deputy mental Protection Agency, transmitting the 5 U.S.C. 801(a)(1)(A); to the Committee on Associate Administrator, Environmental Agency’s final rule — Approval and Promul- Agriculture. Protection Agency, transmitting the Agen- gation of Air Quality Implementation Plans; 3015. A letter from the Deputy Associate cy’s final rule — Approval and Promulgation Georgia Update to Materials Incorporated by Administrator, Environmental Protection of Implementation Plans and Designation of Reference [GA-200325; FRL-7500-9] received Agency, transmitting the Agency’s final rule Areas for Air Quality Planning Purposes; 1- May 29, 2003, pursuant to 5 U.S.C. — Famoxadone; Pesticide Tolerance [OPP- Hour Ozone Standard for San Diego, Cali- 801(a)(1)(A); to the Committee on Energy and 2003-0130; FRL-7310-9] received July 1, 2003, fornia [CA-282-0389; FRL-7515-4] received Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- June 20, 2003, pursuant to 5 U.S.C. 3035. A letter from the Acting Principal mittee on Agriculture. 801(a)(1)(A); to the Committee on Energy and Deputy Associate Administrator, Environ- 3016. A letter from the Deputy Associate Commerce. mental Protection Agency, transmitting the Administrator, Environmental Protection 3027. A letter from the Principal Deputy Agency’s final rule — Approval and Promul- Agency, transmitting the Agency’s final rule Associate Administrator, Environmental gation of Implementation Plans; Kentucky: — Fludioxonil; Pesticide Tolerance [OPP- Protection Agency, transmitting the Agen- Approval of Revisions to Maintenance Plan 2003-0135; FRL-7313-7] received July 1, 2003, cy’s final rule — Finding of Substantial In- for Northern Kentucky [KY 147-200329; FRL- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- adequacy of Implementation Plan; Call for 7505-3] received May 29, 2003, pursuant to 5 mittee on Agriculture. California State Implementation Plan Revi- U.S.C. 801(a)(1)(A); to the Committee on En- 3017. A letter from the Deputy Associate sion [CA 086 SIP; FRL-7518-4] received June ergy and Commerce. Administrator, Environmental Protection 20, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 3036. A letter from the Acting Principal Agency, transmitting the Agency’s final rule the Committee on Energy and Commerce. Deputy Associate Administrator, Environ- — Glyphosate; Pesticide Tolerance; Tech- 3028. A letter from the Principal Deputy mental Protection Agency, transmitting the nical Correction [OPP-2003-0155; FRL-7316-5] Associate Administrator, Environmental Agency’s final rule — Approval and Promul- received July 1, 2003, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- gation of Implementation Plans Tennessee: 801(a)(1)(A); to the Committee on Agri- cy’s final rule — Interim Final Determina- Approval of Revisions to the Tennessee State culture. tion That the State of California Has Cor- 3018. A letter from the Deputy Associate Implementation Plan [TN-213-9952(a); FRL- Administration, Environmental Protection rected Deficiencies and Stay and Deferral of 7506-8] received May 29, 2003, pursuant to 5 Agency, transmitting the Agency’s final rule Sanctions; San Joaquin Valley Ozone Non- U.S.C. 801(a)(1)(A); to the Committee on En- — Pesticide Tolerance Nomenclature attainment Area [CA286-0404B; FRL-7517-9] ergy and Commerce. Changes; Technical Amendment [OPP-2002- received June 20, 2003, pursuant to 5 U.S.C. 3037. A letter from the Acting Principal 0043; FRL-7308-9] received July 1, 2003, pursu- 801(a)(1)(A); to the Committee on Energy and Deputy Associate Administrator, Environ- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commerce. mental Protection Agency, transmitting the 3029. A letter from the Acting Principal on Agriculture. Agency’s final rule — Revisions to the Cali- 3019. A letter from the Deputy Associate Deputy Associate Administrator, Environ- fornia State Implementation Plan, San Joa- Administrator, Environmental Protection mental Protection Agency, transmitting the quin Valley Unified Air Pollution Control Agency, transmitting the Agency’s final rule Agency’s final rule — Approval and Promul- District and South Coast Air Quality Man- — Pesticide Tolerance Nomenclature gation of Air Quality Implementation Plans; agement District [CA 267-0394a; FRL-7495-4] Changes; Technical Amendment [OPP-2002- Colorado; State Implementation Plan Cor- received May 29, 2003, pursuant to 5 U.S.C. 0043; FRL-7316-9] received July 1, 2003, pursu- rections [SIP NOS. CO-001-0052, CO-001-0032, 801(a)(1)(A); to the Committee on Energy and ant to 5 U.S.C. 801(a)(1)(A); to the Committee CO9-3-5603; FRL-7503-4] received May 29, 2003, Commerce. on Agriculture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3038. A letter from the Acting Principal 3020. A communication from the President mittee on Energy and Commerce. Deputy Associate Administrator, Environ- of the United States, transmitting requests 3030. A letter from the Acting Principal mental Protection Agency, transmitting the for emergency FY 2003 emergency supple- Deputy Associate Administrator, Environ- Agency’s final rule — Revisions to the Cali- mental appropriations; (H. Doc. No. 108—98); mental Protection Agency, transmitting the fornia State Implementation Plan, Ventura to the Committee on Appropriations and or- Agency’s final rule — Approval and Promul- County Air Pollution Control District [CA dered to be printed. gation of Air Quality Implementation Plans; 264-0398; FRL-7505-5] received May 29, 2003, 3021. A letter from the Secretary, Depart- Maryland; Amendments to the Control of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of Defense, transmitting a letter on the Volatile Organic Compounds from Chemical mittee on Energy and Commerce. approved retirement of General Tommy R. Production and Polytetrafluoroethylene In- 3039. A letter from the Acting Principal Franks, United States Army, and his ad- stallations [MD131-3091a; FRL-7503-7] re- Deputy Associate Administrator, Environ- vancement to the grade of lieutenant general ceived May 29, 2003, pursuant to 5 U.S.C. mental Protection Agency, transmitting the on the retired list; to the Committee on 801(a)(1)(A); to the Committee on Energy and Agency’s final rule — Utah: Final Authoriza- Armed Services. Commerce. tion of State Hazardous Waste Management 3022. A letter from the Administrator, Na- 3031. A letter from the Acting Principal Program Revision [FRL-7505-1] received May tional Nuclear Security Administration, De- Deputy Associate Administrator, Environ- 29, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to partment of Energy, transmitting a report mental Protection Agency, transmitting the the Committee on Energy and Commerce. on the Utilization of Industrial Partnerships Agency’s final rule — Approval and Promul- 3040. A letter from the Deputy Associate within the National Nuclear Security Ad- gation of Air Quality Implementation Plans; Administrator, Environmental Protection ministration, Fiscal Year 2002; to the Com- West Virginia; Regulation to Prevent and Agency, transmitting the Agency’s final rule mittee on Armed Services. Control Air Pollution from the Emission of — Approval and Promulgation of Air Quality 3023. A letter from the Principal Deputy Sulfur Oxides [WV038/053-6026a; FRL-7500-2] Implementation Plans; Virginia; Nitrogen Associate Administrator, Environmental received May 29, 2003, pursuant to 5 U.S.C. Oxides Budget Trading Program [VA127-5064; Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Energy and FRL-7523-2] received July 1, 2003, pursuant to cy’s final rule — Approval and Promulgation Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on of Air Quality Implementation Plans; Feder- 3032. A letter from the Acting Principal Energy and Commerce. ally Enforceable State Operating Permit Deputy Associate Administrator, Environ- 3041. A letter from the Deputy Associate Program; Allegheny County, Pennsylvania mental Protection Agency, transmitting the Administrator, Environmental Protection [PA 138-4098a; FRL-7511-7] received June 20, Agency’s final rule — Approval and Promul- Agency, transmitting the Agency’s final rule 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the gation of Air Quality Implementation Plans; — Approval and Promulgation of Implemen- Committee on Energy and Commerce. West Virginia; Regulation to Prevent and tation Plans and Operating Permits Pro- 3024. A letter from the Principal Deputy Control Particulate Matter Air Pollution gram; State of Nebraska [NE 178-1178a; FRL- Associate Administrator, Environmental from Manufacturing Processes and Associ- 7523-1] received July 1, 2003, pursuant to 5

VerDate Jan 31 2003 04:47 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\L08JY7.000 H08PT1 July 8, 2003 CONGRESSIONAL RECORD — HOUSE H6347 U.S.C. 801(a)(1)(A); to the Committee on En- Annual Report for the Office of Surface Min- Ms. PRYCE of Ohio: Committee on Rules. ergy and Commerce. ing (OSM), pursuant to 30 U.S.C. 1211(f), House Resolution 312. Resolution providing 3042. A letter from the Deputy Associate 1267(g), and 1295; to the Committee on Re- for consideration of the bill (H.R. 2660) mak- Administrator, Environmental Protection sources. ing appropriations for the Departments of Agency, transmitting the Agency’s final rule 3054. A letter from the Director, Office of Labor, Health and Human Services, and Edu- — Approval and Promulgation of State Plans Science and Technology Policy, Executive cation, and related agencies for the fiscal for Designated Facilities and Pollutants; Office of the President, transmitting a report year ending September 30, 2004, and for other State of Iowa [IA 186-1186(a); FRL-7523-4] re- on how the provisions of Section 428 of the purposes (Rept. 108–192). Referred to the ceived July 1, 2003, pursuant to 5 U.S.C. Homeland Security Act, will affect proce- House Calendar. 801(a)(1)(A); to the Committee on Energy and dures for the issuance of student visas; to the f Commerce. Committee on the Judiciary. 3043. A letter from the Deputy Associate 3055. A letter from the Secretary, Depart- PUBLIC BILLS AND RESOLUTIONS Administrator, Environmental Protection ment ofHomeland Security, transmitting a Under clause 2 of rule XII, public Agency, transmitting the Agency’s final rule report on the Feasibility of Accelerating the — Revisions to the Regional Haze Rule to Integrated Deepwater System, pursuant to bills and resolutions were introduced Correct Mobile Source Provisions in Op- Public Law 107—296, section 888(i); to the and severally referred, as follows: tional Program for Nine Western States and Committee on Transportation and Infra- By Mr. REGULA: Eligible Indian Tribes Within that structure. H.R. 2660. A bill making appropriations for Georgraphic Area [FRL-7522-7] received July 3056. A letter from the Deputy Associate the Departments of Labor, Health and 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Administrator, Environmental Protection Human Services, and Education, and related the Committee on Energy and Commerce. Agency, transmitting the Agency’s final rule agencies for the fiscal year ending Sep- 3044. A letter from the Assistant Secretary — Water Quality Standards for Kansas [FRL- tember 30, 2004, and for other purposes. for Legislative Affairs, Department of State, 7522-5] (RIN: 2040-2A00) received July 1, 2003, By Mr. BARRETT of South Carolina: transmitting notification that Iraq’s dec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 2661. A bill to name the Capitol Vis- laration to the United Nations of December mittee on Transportation and Infrastruc- itor Center after J. Strom Thurmond; to the 7, 2002 has been transmitted to the House Se- ture. Committee on Transportation and Infra- lect Committee on Intelligence; to the Com- 3057. A letter from the Secretary of Vet- structure. mittee on International Relations. erans Affairs, Department of Veterans Af- By Mr. CAMP (for himself, Mr. BLUNT, 3045. A letter from the Chairman, Pension fairs, transmitting a draft of proposed legis- Mr. ISAKSON, Mr. MENENDEZ, Mr. AN- Benefit Guaranty Corporation, transmitting lation to amend title 38, United States Code, DREWS, Mr. ROGERS of Michigan, Mr. the semiannual report on activities of the In- to improve benefits for Filipino veterans of COLLINS, and Mr. FOLEY): spector General of the Pension Benefit Guar- World War II and survivors of such veterans H.R. 2662. A bill to amend the Internal Rev- anty Corporation for the period October 1, and extend health care benefits to certain enue Code of 1986 to provide that certain lim- 2002 through March 31, 2003, pursuant to 5 Filipino veterans residing legally in the ousines are not subject to the gas guzzler U.S.C. app. (Insp. Gen. Act) section 8G(h)(2); United States; to the Committee on Vet- tax; to the Committee on Ways and Means. to the Committee on Government Reform. By Mrs. CHRISTENSEN: 3046. A letter from the Auditor, District of erans’ Affairs. 3058. A letter from the Under Secretary, H.R. 2663. A bill to authorize the Secretary Columbia, transmitting a copy of a report Department of Defense, transmitting the bi- of the Interior to study the suitability and entitled, ‘‘Audit of Advisory Neighborhood ennial report on the Montgomery GI Bill for feasibility of designating Castle Nugent Commission 7E for Fiscal Years 2000 Through Members of the Selected Reserve; jointly to Farms located on St. Croix, Virgin Islands, 2003 as of March 31, 2003,’’ pursuant to D.C. the Committees on Armed Services and Vet- as a unit of the National Park System, and Code section 47—117(d); to the Committee on for other purposes; to the Committee on Re- Government Reform. erans’ Affairs. 3047. A letter from the Inspector General, f sources. Corporation for National and Community By Mrs. KELLY: REPORTS OF COMMITTEES ON H.R. 2664. A bill to provide for Medicare re- Service, transmitting the semiannual report of the Office of the Inspector General for the PUBLIC BILLS AND RESOLUTIONS imbursement for health care services pro- period October 1, 2002 through March 31, 2003, Under clause 2 of rule XIII, reports of vided to Medicare-eligible veterans in facili- pursuant to 5 U.S.C. app. (Insp. Gen. Act) ties of the Department of Veterans Affairs; committees were delivered to the Clerk to the Committee on Ways and Means, and in section 5(b); to the Committee on Govern- for printing and reference to the proper ment Reform. addition to the Committees on Energy and 3048. A letter from the Chief Executive Of- calendar, as follows: Commerce, and Veterans’ Affairs, for a pe- ficer, Corporation for National and Commu- Mr. COX: Select Committee on Homeland riod to be subsequently determined by the nity Service, transmitting the Corporation’s Security. H.R. 2122. A bill to enhance re- Speaker, in each case for consideration of Report on Final Action as a result of Audits search, development, procurement, and use such provisions as fall within the jurisdic- in respect to the semiannual report of the of biomedical countermeasures to respond to tion of the committee concerned. Office of the Inspector General for the period public health threats affecting national se- By Mr. KING of New York (for himself, October 1, 2002 through March 31, 2003, pursu- curity, and for other purposes; with an Mr. GEORGE MILLER of California, Mr. ant to 5 U.S.C. app. (Insp. Gen. Act) section amendment (Rept. 108–147 Pt. 3). Referred to MCHUGH, Mr. SMITH of New Jersey, 5(b); to the Committee on Government Re- the Committee of the Whole House on the Mr. LATOURETTE, Mr. ANDREWS, Mr. form. State of the Union. OWENS, and Mr. KIND): 3049. A letter from the Secretary, Depart- Mr. REGULA: Committee on Appropria- H.R. 2665. A bill to amend the Fair Labor ment of Defense, transmitting a correction tions. H.R. 2660. A bill making appropria- Standards Act of 1938 to protect the rights of letter on the approved retirement of General tions for the Departments of Labor, Health employees to receive overtime compensa- Tommy R. Franks, United States Army, and and Human Services, and Education, and re- tion; to the Committee on Education and the his advancement to the grade of general on lated agencies for the fiscal year ending Sep- Workforce. the retired list; to the Committee on Govern- tember 30, 2004, and for other purposes (Rept. By Mr. LATOURETTE: ment Reform. 108–188). Referred to the Committee of the H.R. 2666. A bill to authorize funds for fis- 3050. A letter from the Human Resources Whole House on the State of the Union. cal year 2004 for research, development, test, Specialist, Department of Labor, transmit- Mr. SESSIONS: Committee on Rules. and evaluation for a prototype multi-role, ting a report pursuant to the Federal Vacan- House Resolution 309. Resolution providing long-range sniper system; to the Committee cies Reform Act of 1998; to the Committee on for consideration of the bill (H.R. 438) to in- on Armed Services. Government Reform. crease the amount of student loans that may By Mrs. MALONEY (for herself and Mr. 3051. A letter from the Comptroller Gen- be forgiven for teachers in mathematics, PETRI): eral, General Accounting Office, transmit- science, and special education (Rept. 108–189). H.R. 2667. A bill to amend the Federal Elec- ting the Month in Review: April 2003 Re- Referred to the House Calendar. tion Campaign Act of 1971 to require the dis- ports, Testimony, Correspondence, and Other Mrs. MYRICK: Committed on Rules. House closure of certain information by persons Publications; to the Committee on Govern- Resolution 310. Resolution providing for con- conducting phone banks during campaigns ment Reform. sideration of the bill (H.R. 2211) to reauthor- for election for Federal office, and for other 3052. A letter from the Administrator, Na- ize title II of the Higher Education Act of purposes; to the Committee on House Admin- tional Aeronautics and Space Administra- 1965 (Rept. 108–190). Referred to the House istration. tion, transmitting the semiannual report of Calendar. By Mrs. MILLER of Michigan: the Inspector General of the National Aero- Mr. LINDER: Committee on Rules. House H.R. 2668. A bill to amend the Federal nautics and Space Administration for the pe- Resolution 311. Resolution providing for con- Water Pollution Control Act to direct the riod ending March 31, 2003, pursuant to 5 sideration of the bill (H.R. 2657) making ap- Great Lakes National Program Office of the U.S.C. app. (Insp. Gen. Act) section 5(b); to propriations for the Legislative Branch for Environmental Protection Agency to de- the Committee on Government Reform. the fiscal year ending September 30, 2004, and velop, implement, monitor, and report on a 3053. A letter from the Secretary, Depart- for other purposes (Rept. 108–191). Referred series of indicators of water quality and re- ment of the Interior, transmitting the 2002 to the House Calendar. lated environmental factors in the Great

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Lakes; to the Committee on Transportation voicing the appreciation of the House of Rep- H.R. 1137: Mr. PITTS and Mr. OTTER. and Infrastructure. resentatives regarding the service of the H.R. 1157: Mr. DINGELL, Ms. MAJETTE, Mr. By Ms. NORTON: members of the United States Cadet Nurse MARKEY, Mr. BECERRA, and Mr. INSLEE. H.R. 2669. A bill to provide a model for Corps during World War II; to the Committee H.R. 1167: Mr. GREEN of Wisconsin. school districts in the United States using on Energy and Commerce. H.R. 1173: Mr. WYNN. and building on the experience of the Dis- H.R. 1196: Mr. BLUMENAUER, Ms. trict of Columbia in establishing fully ac- f SCHAKOWSKY, and Mr. DEFAZIO. countable public alternatives to traditional ADDITIONAL SPONSORS H.R. 1236: Ms. CARSON of Indiana and Mr. public schools; to the Committee on Govern- PORTER. ment Reform. Under clause 7 of rule XII, sponsors H.R. 1259: Mr. SIMMONS and Mr. OTTER. By Ms. WATSON: were added to public bills and resolu- H.R. 1266: Mr. HONDA. H.R. 2670. A bill to limit the reimburse- tions as follows: H.R. 1268: Mrs. NAPOLITANO. ment of travel expenses of the members and H.R. 1288: Mr. MORAN of Kansas and Mr. H.R. 7: Mr. WILSON of South Carolina, Mr. employees of the Federal Communications DICKS. OTTER, Mr. BISHOP of Georgia, and Mr. Commission; to the Committee on Govern- H.R. 1295: Mrs. CHRISTENSEN and Mr. DAVIS BURNS. ment Reform, and in addition to the Com- of Illinois. H.R. 36: Mr. FOLEY and Mr. WEXLER. mittee on Energy and Commerce, for a pe- H.R. 1301: Mr. TIERNEY and Mr. GRIJALVA. H.R. 119: Mr. NORWOOD, Mr. BRADY of riod to be subsequently determined by the H.R. 1310: Mr. DAVIS of Alabama, Mr. Texas, Mr. VITTER, Mr. ISTOOK, Mr. DOO- Speaker, in each case for consideration of ALLEN, and Mr. RENZI. LITTLE, Mr. FEENEY, Mr. CARTER, Mr. CAN- such provisions as fall within the jurisdic- H.R. 1355: Mr. MCDERMOTT, Mrs. MALONEY, NON, Mr. DEUTSCH, Mr. SCHROCK, Mr. SES- tion of the committee concerned. and Mr. OBERSTAR. SIONS, and Mr. CASE. By Mr. LEACH (for himself, Mr. H.R. 1359: Ms. DELAURO and Mr. LARSON of H.R. 140: Mr. MILLER of North Carolina. POMBO, Mr. RAHALL, Mr. HYDE, Mr. Connecticut. H.R. 173: Mr. GARRETT of New Jersey. LANTOS, and Mr. FALEOMAVAEGA) (all H.R. 1418: Mr. FOLEY. H.R. 218: Mr. COX. by request): H.R. 1421: Mr. FALEOMAVAEGA and Mr. MAT- H.J. Res. 63. A joint resolution to approve H.R. 284: Ms. HARMAN and Ms. KILPATRICK. SUI. the ‘‘Compact of Free Association, as amend- H.R. 290: Mr. KUCINICH, Mr. ALLEN, Mr. H.R. 1430: Mr. ANDREWS, Mrs. CHRISTENSEN, ed between the Government of the United MARSHALL, Mr. DUNCAN, Mr. DICKS, and Mr. Ms. JACKSON-LEE of Texas, Ms. VELAZQUEZ, States of America and the Government of HINCHEY. and Mr. MICHAUD. the Federated States of Micronesia,‘‘ and the H.R. 303: Mr. HENSARLING, Mr. FOSSELLA, H.R. 1435: Mr. FRANK of Massachusetts. ‘‘Compact of Free Association, as amended and Mr. LEWIS of Georgia. H.R. 1464: Mr. FALEOMAVAEGA, Mr. WEINER, between the Government of the United H.R. 369: Mr. BROWN of Ohio, Mr. KILDEE, and Mr. FARR. States of America and the Government of and Mr. KNOLLENBERG. H.R. 1472: Mr. KUCINICH, Mr. HYDE, Mr. the Republic of the Marshall Islands,‘‘ and H.R. 384: Mr. BARTLETT of Maryland and WEINER, Mr. VITTER, Mr. DEAL of Georgia, otherwise to amend Public Law 99-239, and to Mr. BURGESS. Mrs. MYRICK, Mr. WICKER, Mr. FOSSELLA, Mr. appropriate for the purposes of amended H.R. 461: Mr. COOPER. ISSA, Mrs. JO ANN DAVIS of Virginia, Mr. Public Law 99-239 for fiscal years ending on H.R. 466: Mr. CARDIN, Ms. ROYBAL-ALLARD, WELDON of Florida, Mr. TOM DAVIS of Vir- or before September 30, 2023, and for other Mr. EHLERS, and Mr. CAMP. ginia, Ms. KAPTUR, Mrs. CAPITO, Mr. MARIO purposes; to the Committee on International H.R. 516: Mrs. MUSGRAVE. DIAZ-BALART of Florida, Mr. BURTON of Indi- Relations, and in addition to the Committee H.R. 570: Mrs. MCCARTHY of New York and ana, Mr. BUYER, Mr. ISRAEL, Mr. ADERHOLT, on Resources, for a period to be subsequently Mr. MCHUGH. Mr. GOSS, Mr. GILLMOR, Mr. NORWOOD, Mr. determined by the Speaker, in each case for H.R. 571: Mr. PUTNAM, Mr. GINGREY, Mr. PENCE, Ms. HART, Mr. HONDA, Mr. BACHUS, consideration of such provisions as fall with- PETERSON of Pennsylvania, Mr. HEFLEY, Ms. Mr. PORTMAN, Mr. EVERETT, Mr. COLLINS, Mr. in the jurisdiction of the committee con- HARRIS, Mr. SESSIONS, Mr. LATOURETTE, Mr. BAKER, and Mr. SULLIVAN. H.R. 1473: Mr. MCGOVERN. cerned. COLE, Mr. COBLE, and Mr. BEAUPREZ. H.R. 676: Mr. NADLER. H.R. 1482: Mrs. LOWEY and Mr. HINCHEY. By Mr. PAYNE (for himself, Ms. LEE, H.R. 687: Mr. WICKER and Mr. WELDON of H.R. 1513: Mr. REHBERG, Mrs. BLACKBURN, Mr. MEEKS of New York, Mr. LANTOS, Florida. Mr. RAMSTAD, Mr. WAMP, Mr. HALL, Mr. Ms. CORRINE BROWN of Florida, Mr. H.R. 713: Mr. MCINTYRE, Mr. CALVERT, Mr. BURNS, Mr. SHAW, and Mr. BEAUPREZ. RANGEL, and Ms. WATSON): H.R. 1522: Mrs. CHRISTENSEN. H. Con. Res. 240. Concurrent resolution ex- WILSON of South Carolina, and Mr. DOO- H.R. 1567: Mr. KINGSTON and Mr. HUNTER. pressing the sense of Congress with respect LITTLE. H.R. 1589: Mr. LUCAS of Kentucky. to the urgency of providing support for the H.R. 725: Mrs. NAPOLITANO. H.R. 1605: Mr. MORAN of Virginia. ‘‘Agreement on Ceasefire and Cessation of H.R. 742: Mr. DOOLITTLE, Mr. JANKLOW, Mr. H.R. 1639: Ms. LEE, Mr. GRIJALVA, Mr. Hostilities Between the Government of the LEWIS of Kentucky, Mr. MCCOTTER, and Mr. MCGOVERN, and Mr. CASE. Republic of Liberia and Liberians United for COOPER. H.R. 745: Mr. ALLEN. H.R. 1657: Mr. VAN HOLLEN. Reconciliation and Democracy and the H.R. 1659: Mr. LANTOS and Ms. ROYBAL-AL- H.R. 756: Mr. LOBIONDO. Movement for Democracy of Liberia‘‘, and LARD. H.R. 785: Mr. BURR, Mr. MANZULLO, and Mr. for other purposes; to the Committee on H.R. 1652: Mr. SHIMKUS, Mr. OSE, and Mr. EMANUEL. International Relations. FLAKE. H.R. 792: Ms. ESHOO, Mr. ALLEN, Mr. KEN- By Mrs. WILSON of New Mexico: H.R. 1671: Mr. FOLEY. NEDY of Rhode Island, Mr. PUTNAM, Mr. INS- H. Con. Res. 241. Concurrent resolution ex- H.R. 1710: Mr. GOODLATTE and Ms. LEE, Mr. GUTIERREZ, Mr. DICKS, and Mr. pressing the sense of Congress with respect DELAURO. DAVIS of Illinois. to raising awareness and encouraging pre- H.R. 1748: Mr. CLYBURN. H.R. 806: Mr. SCHIFF and Mr. PALLONE. vention of stalking in the United States and H.R. 1807: Mr. SANDERS. H.R. 811: Mr. HALL. supporting the goals and ideals of National H.R. 1839: Mr. SHUSTER. H.R. 816: Mr. SANDERS. Stalking Awareness Month; to the Com- H.R. 1863: Mr. BELL and Mr. UPTON. mittee on the Judiciary. H.R. 817: Mrs. NAPOLITANO. H.R. 1865: Mrs. CHRISTENSEN and Ms. JACK- By Mr. MCINTYRE: H.R. 822: Mr. ACEVEDO-VILA and Ms. SON-LEE of Texas. H. Res. 308. A resolution expressing the MCCOLLUM. H.R. 1873: Mr. MICHAUD and Mrs. CAPITO. sense of the House of Representatives that H.R. 828: Mr. RANGEL. H.R. 1886: Mr. KIND and Ms. ESHOO. the Federal Government should actively pur- H.R. 832: Mr. BELL and Mr. BISHOP of New H.R. 1902: Ms. SCHAKOWSKY. sue a unified approach to strengthen and York. H.R. 1905: Mr. FRANK of Massachusetts and promote the national policy on aquaculture; H.R. 857: Ms. LINDA T. SANCHEZ of Cali- Mr. FILNER. to the Committee on Resources, and in addi- fornia, Mr. JONES of North Carolina, and Mr. H.R. 1906: Mr. GEORGE MILLER of Cali- tion to the Committee on Agriculture, for a PASCRELL. fornia. period to be subsequently determined by the H.R. 869: Mr. MOORE. H.R. 1909: Mr. BLUNT, Mr. DOOLITTLE, Mr. Speaker, in each case for consideration of H.R. 879: Mr. MANZULLO and Mr. KOLBE. BISHOP of Utah, Mr. TANCREDO, and Mr. such provisions as fall within the jurisdic- H.R. 891: Ms. ESHOO. PAUL. tion of the committee concerned. H.R. 898: Mr. LYNCH. H.R. 1943: Mr. ENGLISH. By Mrs. LOWEY (for herself, Mr. AN- H.R. 919: Mr. CARTER, Mr. WAMP, and Mr. H.R. 1963: Mr. STUPAK. DREWS, Mr. ENGEL, Mr. GILLMOR, Ms. FERGUSON. H.R. 1999: Mr. CLYBURN and Mr. UDALL of KAPTUR, Mr. MCINTYRE, Mr. H.R. 934: Mr. EMANUEL. New Mexico. GRIJALVA, Mrs. MCCARTHY of New H.R. 979: Mr. DAVIS of Illinois. H.R. 2011: Mr. EDWARDS and Mr. LAHOOD. York, Mr. BALLANCE, Mr. HOLT, and H.R. 980: Mr. GORDON and Mr. PALLONE. H.R. 2020: Mr. DEUTSCH and Mr. SULLIVAN. Mr. MARKEY): H.R. 1075: Mr. OSBORNE. H.R. 2022: Mr. WAXMAN and Mr. GOODE. H. Res. 313. A resolution commemorating H.R. 1078: Ms. SOLIS. H.R. 2028: Mr. CANNON and Mr. LOBIONDO. the 60th anniversary of the establishment of H.R. 1093: Mr. CAMP, Mr. SULLIVAN, and Mr. H.R. 2038: Mr. FILNER, Mr. GONZALEZ, and the United States Cadet Nurse Corps and HAYWORTH. Mr. MATSUI.

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H.R. 2047: Mr. LEVIN. H.R. 2491: Mr. OWENS. Mr. SCOTT of Virginia, Mr. SPRATT, Mr. H.R. 2052: Mr. RAHALL, Mr. BILIRAKIS, Mr. H.R. 2497: Mr. GUTIERREZ, Mr. MCDERMOTT, TOWNS, Ms. WATERS, Ms. WATSON, Mr. WAX- PALLONE, Mr. ROGERS of Michigan, Mr. MIL- Mr. ALLEN, Mr. RYAN of Ohio, and Mr. GUT- MAN, Mr. WEXLER, and Mr. WYNN. LER of Florida, Mr. SNYDER, Mr. JACKSON, of KNECHT. H. Res. 259: Mr. PITTS. Illinois, Mr. ANDREWS, Mr. MURTHA, Ms. H.R. 2505: Mr. SANDERS, Mr. ALLEN, Mr. H. Res. 280: Mr. CULBERSON, Mrs. KELLY, HOOLEY of Oregon, Mr. LANGEVIN, Mr. JEF- EMANUEL, Ms. SCHAKOWSKY, Mr. LANTOS, and Mr. MCNULTY, Mr. WALSH, Mr. ENGEL, Mr. FERSON, Mrs. NAPOLITANO, Mr. GILLMOR, and Mr. WEXLER. FROST, Mr. MCHUGH, Mr. RANGEL, and Mrs. Mr. SERRANO. H.R. 2515: Mr. FOSSELLA, Mr. GILLMOR, Mr. LOWEY. H.R. 2075: Mr. STEARNS and Mr. GINNY WYNN, Mr. DAVIS of Florida, Mr. OWENS, Mr. H. Res. 286: Ms. EDDIE BERNICE JOHNSON of BROWN-WAITE of Florida. LEVIN, Mr. MOORE, Mr. BLUMENAUER, Mr. Texas. H.R. 2118: Mr. DEAL of Georgia. SHERMAN, Mr. HINCHEY, Ms. WATSON, Mr. H. Res. 287: Ms. EDDIE BERNICE JOHNSON of H.R. 2193: Mr. LYNCH. CARTER, Mr. HASTINGS of Washington, Mr. Texas. H.R. 2198: Ms. MAJETTE. DEUTSCH, Mr. PALLONE, Ms. DEGETTE, and H. Res. 288: Ms. EDDIE BERNICE JOHNSON of H.R. 2205: Mr. MEEKS of New York, Mr. Mr. GORDON. Texas. DAVIS of Alabama, Mr. DAVIS of Illinois, Mr. H.R. 2517: Mr. GOODLATTE, Mr. OLVER, Mr. H. Res. 304: Mr. MCDERMOTT, Mr. LYNCH, DINGELL, Mrs. JONES of Ohio, Ms. KAPTUR, CARTER, Mr. FEENEY, Mr. FORD, Mr. WEXLER, Mr. FRANK of Massachusetts, and Mr. DAVIS Mr. CUMMINGS, Ms. MCCARTHY of Missouri, and Mr. HYDE. of Illinois. Ms. BALDWIN, Ms. CORRINE BROWN of Florida, H.R. 2519: Ms. HARMAN, Mr. ANDREWS, Mr. f Mr. ENGLISH, Ms. GRANGER, Mrs. MALONEY, TOWNS, Mr. WEXLER, Mr. FOLEY, and Mr. Mr. MCINTYRE, Mr. GUTIERREZ, Mr. GILLMOR, GALLEGLY. DELETIONS OF SPONSORS FROM Mr. COX, Mr. DOGGETT, Mr. FALEOMAVAEGA, H.R. 2532: Mr. EMANUEL. PUBLIC BILLS AND RESOLUTIONS Mr. KIND, Mr. GEORGE MILLER of California, H.R. 2538: Mr. WEXLER. Ms. WATERS, Mr. FORD, Ms. ESHOO, Mr. CON- H.R. 2545: Mr. OWENS and Mr. ENGLISH. Under clause 7 of rule XII, sponsors YERS, Mr. HASTINGS of Florida, and Mr. H.R. 2546: Mr. CONYERS. were deleted from public bills and reso- BRADY of Pennsylvania. H.R. 2550: Mr. WILSON of South Carolina. lutions as follows: H.R. 2218: Mr. BROWN of Ohio, Mr. TOWNS, H.R. 2574: Mr. OBERSTAR. H.R. 1063: Mr. PALLONE. Mr. GREEN of Texas, Ms. DELAURO, and Mrs. H.R. 2578: Mr. DEAL of Georgia, Mr. ISSA, NAPOLITANO. Mr. SOUDER, Mr. RYUN of Kansas, and Mrs. f H.R. 2224: Mrs. JO ANN DAVIS of Virginia. BLACKBURN. AMENDMENTS H.R. 2232: Mrs. JO ANN DAVIS of Virginia, H.R. 2591: Mrs. MILLER of Michigan, Mr. Mr. HEFLEY, and Mr. WILSON of South Caro- MARIO DIAZ-BALART of Florida, and Mr. Under clause 8 of rule XVIII, pro- lina. PAUL. posed amendments were submitted as H.R. 2250: Ms. LORETTA SANCHEZ of Cali- H.R. 2631: Mr. GOODE and Mr. VAN HOLLEN. follows: fornia. H.R. 2632: Mr. BAKER. H.R. 2657 H.R. 2253: Mr. FALEOMAVAEGA. H.R. 2637: Mr. PASCRELL. H.R. 2262: Mr. FALEOMAVAEGA, Ms. GINNY H.R. 2640: Mr. CROWLEY and Mr. SANDERS. OFFERED BY: MR. MANZULLO BROWN-WAITE of Florida, and Mr. MICHAUD. H.R. 2655: Mr. LYNCH. AMENDMENT NO. 1: At the end of the bill H.R. 2272: Mr. RANGEL, Mr. GORDON, Mr. H.J. Res. 11: Mr. HASTINGS of Florida, Mr. (before the short title), insert the following: CUMMINGS, Mr. JEFFERSON, and Mr. RUSH. FRANK of Massachusetts, and Mr. SHAYS. SEC.ll. None of the funds made available H.R. 2291: Mr. FALEOMAVAEGA and Mr. H.J. Res. 56: Mr. HAYES, Mr. BARRETT of in this Act may be used— ALLEN. South Carolina, Mr. BURNS, Mr. COLLINS, Mr. (1) to acquire manufactured articles, mate- H.R. 2295: Ms. DELAURO and Mr. KIND. ROGERS of Alabama, Mr. WAMP, and Mr. rials, or supplies unless section 2 of the Buy H.R. 2300: Mr. BISHOP of Georgia and Mrs. STENHOLM. American Act (41 U.S.C. 10a) is applied to the NAPOLITANO. H.J. Res. 62: Mrs. LOWEY. contract for such acquisition by sub- H.R. 2318: Mr. RUSH, Ms. SOLIS, Mr. DAVIS H. Con. Res. 6: Mr. FROST, Mr. GOODE, Mrs. stituting— of Alabama, Mr. BISHOP of Georgia, Mr. DAVIS of California, and Mrs. CHRISTENSEN. (A) ‘‘Chief Administrative Officer of the OWENS, Mr. BISHOP of New York, and Mr. H. Con. Res. 30: Mr. BLUNT, Mr. STRICK- House of Representatives’’ for ‘‘head of the ROSS. LAND, and Mr. ABERCROMBIE. department or independent establishment’’; H.R. 2323: Mr. FRANK of Massachusetts, Mr. H. Con. Res. 39: Mr. CUMMINGS. and SANDLIN, Mr. WAMP, Mrs. CHRISTENSEN, and H. Con. Res. 99: Mr. GEORGE MILLER of (B) ‘‘at least 65 percent’’ for ‘‘substantially Mr. HOSTETTLER. California, Ms. SOLIS, Mr. CUMMINGS, and Ms. all’’; or H.R. 2347: Ms. JACKSON-LEE of Texas and CARSON of Indiana. (2) to enter into a contract for the con- Mr. KLINE. H. Con. Res. 111: Mr. LAHOOD. struction, alteration, or repair of any public H.R. 2369: Ms. VELAZQUEZ, Mr. STRICKLAND, H. Con. Res. 119: Mr. NORWOOD, Mr. BRADY building or public work unless section 3 of and Mr. LIPINSKI. of Texas, Mr. VITTER, Mr. ISTOOK, Mr. DOO- the Buy American Act (41 U.S.C. 10b) is ap- H.R. 2377: Mr. NADLER. LITTLE, Mr. FEENEY, Mr. OTTER, Mr. CARTER, plied to such contract by substituting— H.R. 2379: Mr. SHUSTER, Mr. PEARCE, Mr. Mr. CANNON, Mr. DEUTSCH, Mr. SCHROCK, and (A) in subsection (a)— WAMP, Mr. ROSS, and Mrs. CHRISTENSEN. Mr. SESSIONS. H.R. 2418: Mrs. JONES of Ohio, Mr. NADLER, (i) ‘‘at least 65 percent’’ for ‘‘substantially H. Con. Res. 130: Mr. FROST. Mr. CONYERS, and Ms. WOOLSEY. all’’; and H. Con. Res. 210: Mr. REYES and Mr. SKEL- H.R. 2426: Mr. PRICE of North Carolina, Mr. (ii) ‘‘Chief Administrative Officer of the TON. MCGOVERN, Mr. KUCINICH, Ms. MCCOLLUM, House of Representatives’’ for ‘‘head of the H. Con. Res. 215: Ms. KILPATRICK, Mr. and Mr. EMANUEL. department or independent establishment’’; CAMP, Mr. ROGERS of Michigan, Mr. HOEK- H.R. 2427: Mr. KUCINICH, Mr. LANGEVIN, Mr. and STRA, and Mr. SMITH of Michigan. SMITH of New Jersey, Mr. WAMP, and Mr. (B) in subsection (b), ‘‘Chief Administra- H. Con. Res. 217: Mr. PITTS and Mr. BELL. SANDERS. tive Officer of the House of Representatives H. Con. Res. 229: Mr. LANTOS, Mrs. JONES of H.R. 2437: Mr. HONDA, Mr. NADLER, and Mr. has made any contract containing the provi- Ohio, Mr. CUMMINGS, Mr. RANGEL, Ms. DAVIS of Illinois. sion required by subsection (a) and’’ for ORRINE ROWN H.R. 2440: Mr. MCDERMOTT, Mr. MICHAUD, C B of Florida, Mrs. ‘‘head of a department, bureau, agency, or HRISTENSEN ARSON Mr. BISHOP of Utah, Mr. CAMP, and Mr. WAL- C , Ms. C of Indiana, Ms. independent establishment which has made ATSON YNN LAY DEN of Oregon. W , Mr. W , Mr. C , Ms. any contract containing the provision re- H.R. 2444: Mr. OTTER. MILLENDER-MCDONALD, Mr. TOWNS, Ms. KIL- quired by subsection (a)’’. PATRICK, Mr. OWENS, Ms. LEE, Mr. CLYBURN, H.R. 2445: Mr. FILNER. H.R. 2660 H.R. 2446: Mr. HASTINGS of Washington. Mr. ENGEL, and Mr. SMITH of New Jersey. OFFERED BY: MR. GREEN OF TEXAS H.R. 2448: Mr. ENGLISH. H. Con. Res. 237: Mr. HAYWORTH and Mr. H.R. 2449: Mr. BOUCHER. FLAKE. AMENDMENT NO. 1: At the end of the bill H.R. 2455: Mr. NADLER. H. Res. 103: Mr. JANKLOW. (before the short title), insert the following: H.R. 2462: Mr. TANNER, Mr. BACA, Mr. H. Res. 238: Mr. ALLEN, Mr. BALLANCE, Mr. SEC. ll. Section 2604(a)(1) of the Low-In- THOMPSON of Mississippi, Mr. DAVIS of Illi- BISHOP of Georgia, Mr. BROWN of Ohio, Mr. come Home Energy Assistance Act of 1981 (42 nois, and Mr. PASCRELL. CARDIN, Ms. CARSON of Indiana, Mrs. U.S.C. 8623(a)(1)) is amended— H.R. 2464: Mr. OWENS and Mr. WILSON of CHRISTENSEN, Mr. CONYERS, Mr. CUMMINGS, (1) in subparagraph (A) by striking ‘‘sub- South Carolina. Mr. DAVIS of Alabama, Mr. DAVIS of Ten- paragraph (B)’’ and inserting ‘‘subparagraphs H.R. 2478: Mr. HINCHEY and Mr. KUCINICH. nessee, Ms. DELAURO, Mr. DEUTSCH, Mr. (B) and (C)’’; and H.R. 2482: Mr. KING of New York, Mr. LAN- FATTAH, Mr. FROST, Mr. GRIJALVA, Ms. NOR- (2) by adding at the end the following new TOS, Mr. MARKEY, Mr. CROWLEY, Mr. EVANS, TON, Ms. JACKSON-LEE of Texas, Mr. JEFFER- subparagraph: Mr. HASTINGS of Florida, Ms. SOLIS, Mr. SON, Mr. KUCINICH, Ms. LEE, Mr. LEWIS of ‘‘(C) Not more than 50 percent of amounts MCNULTY, Ms. MCCARTHY of Missouri, Mr. Georgia, Ms. MILLENDER-MCDONALD, Mr. appropriated for carrying out this title for WU, Mr. MCGOVERN, Mr. RAHALL, Mr. PALLONE, Mr. RAHALL, Mr. RANGEL, Mr. any fiscal year shall be provided for home KUCINICH, Mr. GRIJALVA, and Mr. BERMAN. ROTHMAN, Mr. RUSH, Mr. SCOTT of Georgia, heating purposes.’’.

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H.R. 2660 following: ‘‘(increased by $200,000,000), to re- SEC. ll. Federally recognized Indian main available until expended’’. tribes shall be eligible to the same extent as OFFERED BY: MR. GREEN OF TEXAS H.R. 2660 States are eligible for programs funded with AMENDMENT NO. 2: In the matter relating to OFFERED BY: MR. BLUMENAUER OF OREGON amounts made available under this Act. ‘‘ADMINISTRATION FOR CHILDREN AND FAMI- AMENDMENT NO. 3: At the end of the bill (be- LIES—LOW-INCOME HOME ENERGY ASSISTANCE’’, fore the short title), insert the following new after the second dollar amount, insert the section:

VerDate Jan 31 2003 05:33 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JY7.069 H08PT1 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, TUESDAY, JULY 8, 2003 No. 99 Senate The Senate met at 9:30 a.m. and was trict of Arizona. At 11:45, the Senate RESERVATION OF LEADER TIME called to order by the President pro will vote on the Campbell nomination. The PRESIDENT pro tempore. Under tempore (Mr. STEVENS). Immediately following that vote, the the previous order, leadership time is Senate will proceed to a vote on the reserved. PRAYER motion to invoke cloture on the nomi- f The Chaplain, ADM Barry C. Black, nation of Victor Wolski to be a judge of offered the following prayer: the U.S. Court of Federal Claims. MORNING BUSINESS Eternal Lord God, who rules the rag- Therefore, the first vote will occur at The PRESIDENT pro tempore. Under ing of the sea, great and marvelous are 11:45 and that vote will be the first of the previous order, there will be a pe- Your works; just and true are Your two back-to-back votes. riod of morning business until 11:30 ways. Thank You for smiling upon For the remainder of the day, the a.m., with the time equally divided be- America and for blessing this Nation Senate will resume debate on the mo- tween the two leaders or their des- with your generous providence. Forgive tion to proceed to S. 11, the Patients ignees. our tendency to forget Your goodness First Act. A cloture motion on the mo- Mr. FRIST. Mr. President, I suggest and our failure to express gratitude for tion to proceed to the bill was filed the absence of a quorum. Your gifts. Thank You for these Sen- yesterday and that cloture vote will The PRESIDENT pro tempore. The ators, who seek to produce fruits that occur on Wednesday. clerk will call the roll. will nourish this land. Give them a The assistant legislative clerk pro- I ask unanimous consent that fol- kindness that remembers those on ceeded to call the roll. lowing disposition of the Wolski nomi- life’s margins and a courage that will Mr. REID. Mr. President, I ask unan- nation, the Senate resume consider- narrow the gap between the creed and imous consent that the order for the ation of the motion to proceed to S. 11. the deed. Remove the scales from our quorum call be rescinded. eyes, that we might discover celestial Mr. REID. Mr. President, reserving The PRESIDENT pro tempore. With- solutions to Earth’s most difficult the right to object, I ask the majority out objection, it is so ordered. problems. Today, let our words, leader if there were not a vote on the Mr. REID. Mr. President, I ask unan- thoughts, and actions honor and glo- motion to invoke cloture on Wolski, imous consent that the time during the rify Your Holy Name. Amen. would the distinguished majority lead- quorum call be charged equally to both er consider allowing several hours this f sides. afternoon to debate Wolski? If cloture The PRESIDENT pro tempore. With- PLEDGE OF ALLEGIANCE is invoked, of course, we would have 30 out objection, it is so ordered. The PRESIDENT pro tempore led the hours. It would seem to me that for the Mr. REID. I suggest the absence of a Pledge of Allegiance, as follows: people who have been seeking this quorum. I pledge allegiance to the Flag of the vote, we could vitiate the cloture vote The PRESIDENT pro tempore. The United States of America, and to the Repub- and the leader could give us, say, 3 or clerk will call the roll. lic for which it stands, one nation under God, 4 hours to debate Wolski and then vote. The assistant legislative clerk pro- indivisible, with liberty and justice for all. Mr. FRIST. Mr. President, I would ceeded to call the roll. f certainly entertain that. I ask if I Mr. DURBIN. Mr. President, I ask unanimous consent that the order for RECOGNITION OF THE MAJORITY might have a discussion with Chairman the quorum call be rescinded. LEADER HATCH, the chairman of the Judiciary Committee, before committing to that, The PRESIDING OFFICER (Mr. The PRESIDENT pro tempore. The and I will get back shortly with the as- ALLEN). Without objection, it is so or- majority leader is recognized. sistant Democratic leader. dered. f The PRESIDENT pro tempore. Is the f SCHEDULE unanimous consent request withdrawn? PATIENTS FIRST ACT Mr. FRIST. Mr. President, this morn- Mr. FRIST. No, it is not. Mr. DURBIN. Mr. President, I would ing the Senate will be in a period of The PRESIDENT pro tempore. Is like to speak in morning business on morning business until 11:30 a.m. Fol- there objection? the issue that is pending before the lowing morning business, the Senate Senate, which is the motion to proceed will begin up to 15 minutes of debate on Mr. REID. No. on S. 11. This is a bill relative to an im- the nomination of David Campbell to The PRESIDENT pro tempore. With- portant issue that really we have to be a U.S. District Judge for the Dis- out objection, it is so ordered. grapple with in this country, and that

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

S9001

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9002 CONGRESSIONAL RECORD — SENATE July 8, 2003 is the question of medical malpractice. Senators, men and women sitting in The medical care which they would It is an issue which has come at us in Washington, but literally by 12 of this receive, of course, would be com- so many different ways. Unfortunately, family’s neighbors and friends who live pensated, but it would only be $250,000 the bill that is before us, S. 11, which in the community, who will try to for pain and suffering. we are now considering under a motion reach a fair amount of compensation Let’s go to the root cause of this de- to proceed, looks at the issue of med- when in fact they find fault on the part bate. Why are we even talking about ical malpractice from only one narrow of the doctor and the hospital. That is medical malpractice on the Senate perspective, and from my point of view the jury system. It is a system we have floor? It is because we do have a seri- a very ineffective perspective. believed in in America from the start ous national challenge. In many What the bill before us would suggest of this Nation. It really is a system States, including my own, for many is if you or a member of your family or which parallels free elections in Amer- specialities of medical practice we have one of your children is a victim of med- ica where we say we entrust our Gov- seen medical malpractice insurance ical malpractice, there would be a ernment to the people of this country. premiums increasing at an alarming strict limitation in this bill of how In the courtroom, we entrust these rate. When we have asked the General much you could recover in court for decisions to the people of America, 12 Accounting Office and private firms to what is known as noneconomic losses, of them chosen at random to come to a analyze why this has happened, they pain and suffering. That strict limita- fair conclusion. Those who are pushing have said there is a variety of reasons tion would be $250,000. this bill today say we can no longer that have led up to it. Yes, in fact, To many people, $250,000 seems to be trust the jury system in America; we there are more settlements in cases in- a very substantial sum of money, and cannot trust 12 of this little boy’s volving medical malpractice than there it is until it is put in the perspective of neighbors and friends and people in the have been in the past, and in some the injuries we are discussing. Yester- community to come forward and reach marginal cases more verdicts. It is an day, in the course of the debate, I told a fair verdict. indication of the fact there is more the story of a 6-year-old boy in my I think that is a terrible condemna- medical negligence being discovered, home State of Illinois who went to a tion of a system of justice which has and even the Department of Health and downstate clinic with a high fever. Un- really been the bedrock of American Human Services gave us testimony a fortunately, he did not receive appro- principles and American values. few weeks ago that we are facing med- It is curious to me that many of the priate medical care and a jury decided ical negligence and medical errors same people who decide today that the he had been a victim of medical neg- across America, in their words, of epi- jury system consists of people who can- ligence. The doctors who had treated demic proportion. So now we have this not be trusted will readily trust the him did not perform the type of med- huge wave of exposure and liability jury system when it comes to questions ical procedures necessary to monitor of criminal penalties, penalties as se- coming at the medical profession, and his serious condition. As a result of vere as the death penalty. If we trust a naturally there are more lawsuits that that, this poor little boy at the age of jury of 12 to decide the life or death of are being filed to reflect this wave, this 6 became quadriplegic and uncommuni- a criminal defendant, is it not also fair epidemic, of medical negligence. cative. It is now 11 years later. He is 17 to say we would trust them to decide a What has happened on the insurance years old. He needs care around the fair amount of damages, a fair amount side to protect the doctors? Sadly, this clock. He cannot respond to stimulus of compensation, for this child and his has been, frankly, a casino mentality that ordinary people do. He certainly family? among many of the medical mal- cannot communicate. His situation for Well, no. S. 11, offered on the Repub- practice insurers. Back in the Clinton the past 11 years is, frankly, what he lican side of the aisle, says the oppo- administration, when we had a strong, will face as long as he is alive. site. It says, we will make the decision vibrant, growing economy, when the That is a harrowing prospect for his here. We are smarter. We know what is Dow Jones index was going up regu- family and it means they are going to fair, and $250,000 is adequate compensa- larly and people saw their retirement have to dedicate the rest of their lives, tion for this little boy who will face a incomes growing and their savings as mother and father, to try to make lifetime now of care on a daily basis, growing, many people were investing in his life on Earth as bearable as pos- minute by minute, whose mother has the stock market and doing well and sible. So $250,000 in that context has to had to quit her job so she can stay many insurance companies did as well, be taken from a different perspective. home and tend to this 17-year-old boy too. It goes beyond his medical bills, of who was a victim of medical mal- In the case of medical malpractice which he will receive compensation, to practice. insurers, they would collect the pre- the question of pain and suffering for Let me also add that equally unfair miums from the doctors, invest them him and certainly for his family. and unjust in S. 11 is the treatment of in the stock market or in bonds and do If this young man, now at the age of people who are senior citizens, who very well. 17, is going to live 20, 30, or 40 years, have been the victims of medical mal- Now what has happened? In the last what is $250,000 worth? That $250,000 practice, because what this bill com- 21⁄2 years under this administration, we turns out to be a very small amount pensates are medical bills and lost have seen the economy in recession; we when we consider that the injuries he wages, and limits any other recovery have lost jobs; we have lost businesses; suffered and the problems he has en- to $250,000. So if one happens to be a we have seen people lose their life sav- dured are going to be there for a life- senior citizen who has no active in- ings; they have made new decisions on time. So for us to say we will decide in come, perhaps a little retirement and whether they have to continue to the Senate in S. 11, the bill that is be- the money they derive from their sav- work. fore us, that this little boy and his ings, and they are a victim of medical Business investment, as well, has not family will never receive more than malpractice, they are limited to been as profitable. These insurance $250,000 regardless of the circumstances $250,000 compensation. companies that thought they had a facing him for the rest of his life, I I will come back later today and talk winning formula are starting to lose. think is totally unfair. about a couple who were victimized The premiums collected from doctors, In fact, it is a dramatic departure frankly because a blood bank gave invested in bonds and the stock mar- from where we have been in the United them blood that was tainted with the ket, have not been as profitable. Be- States for so long. We have said, first, HIV virus, which resulted in this 70- cause of this, many of these companies that this is an issue to be decided by year-old couple contracting that HIV have gone out of business or raised each State. Each State should decide if infection, ultimately dying of AIDS. It their premiums because of anticipated there is going to be a limitation on was a sad situation and one that was exposure for medical errors. Those how much money someone can receive graphic in terms of the malpractice in- raised premiums have caused real hard- if they are a victim of a certain injury volved. But because they were not ship among doctors in America. or malpractice. wage earners, their compensation Senator DASCHLE came to the Senate Secondly, we have said historically under this bill would be virtually noth- floor yesterday—and I tried to make this is an issue not to be decided by 100 ing. the point, also—to say we understand

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9003 this issue is serious. On the Democratic State or Federal regulation in the pitals; it is unfair to the Senate, that side of the aisle, we have offered to the United States. We have no oversight of we would include in S. 11 that type of Republican side of the aisle to come to- the way they are treating malpractice limitation. gether on a bipartisan basis to deal insurers in America. That is a guar- Finally, this bill, S. 11, allows for pu- with the malpractice insurance crisis antee that, no matter what we do in nitive damages in the most limited cir- and the malpractice crisis in America. the Senate, there will still be ultimate cumstances. It requires that there be a But we cannot resolve this issue by in- vulnerability by the medical profession deliberate act on the part of a doctor troducing a bill, S. 11, that only goes to unreasonable and excessive mal- for punitive damages to apply, as well after one discrete part of it—limiting practice premiums. as malicious intent being another op- the recovery of medical malpractice to The solution involves: Bringing to- tion under punitive damages. victims. gether the medical profession to reduce When I made an inquiry yesterday as This drastic response is not going to medical errors, to reduce medical inju- to what it would mean if a doctor were solve the underlying problem. We need ries; bringing the insurance industry in intoxicated or an addict to drugs and, to come together on a bipartisan basis to make certain that we have some ac- because of that intoxication or addic- as we did on terrorism insurance after countability and fairness in the pre- tion, performed some medical proce- September 11. We found a way to do it. mium charges; and, finally, bringing in dure which harmed a person for life, I But we can only do it if we engage the those in the legal profession to make was told that punitive damage section three elements that can lead to suc- certain that any lawyer filing a frivo- would apply. I have to say quite hon- cess. Those elements are: First, the lous malpractice lawsuit is going to be estly it does not because the language medical profession itself. We have to held accountable for the costs and at- of the section is only about deliberate bring together those doctors of good torney fees, initially, and ultimately, and intentional conduct, not about the will across America who want to work if he or she continues doing so, banned kind of gross negligence involved in ad- with us to reduce medical errors, to from filing future lawsuits; also mak- diction and intoxication. bring more safety to the practice of ing certain that punitive damages As we look at S. 11, we owe the med- medicine, to take away from the prac- would be eliminated in virtually all ical profession as well as the people of tice of medicine those doctors and medical malpractice cases. All of these America more than is being offered. To practitioners who are largely respon- factors will move us toward a solution bring this bill on a take-it-or-leave-it sible for medical malpractice. Fifty to this problem. basis, to say we will have no com- percent of the medical malpractice This week, we are going to be visited mittee hearings, no amendment proc- claims in America can be attributed to by many doctors from across the ess in committee, no opportunity for 5 percent of the doctors. We need to United States. They will come and tell an exchange of information, is not fair make certain the medical profession is us of their legitimate concerns about to the people of America. I hope we can more vigilant in taking these doctors malpractice premiums that are hurting do better—I think we can—that when out of the practice of medicine, are their profession and limiting the avail- the vote takes place tomorrow on the changing the way they practice medi- ability of good medicine and good doc- cloture motion, we will see a number of cine so fewer innocent victims emerge tors across America. I do not quarrel Senators are going to come forward from this experience. with their premise that they have a and ask that we try to resolve this difference in a fair way, in a balanced Second, we need to bring in the in- problem that needs to be resolved, that way, rather than this unbalanced and surance industry. I know this is a sa- we need to face squarely and honestly. cred cow in the Senate, to talk about But this morning, at 11 o’clock, I will unfair way being offered. Mr. REID. Will the Senator yield? insurance companies and holding them hold a press conference in which we Mr. DURBIN. I am happy to yield. accountable for the way they are treat- will have five victims of medical mal- Mr. REID. As I listen to the Senator ing doctors across America. But you practice. They will tell their heart- today—and I am aware of what the cannot have an honest conversation breaking stories, how they went to the Senator talked about yesterday—is the about dealing with medical mal- doctor, they went to the hospital, and Senator saying he is not opposed to our practice premiums without talking came home so injured and so changed doing something regarding medical about the insurance industry. We could that their lives were never the same. malpractice? cap recoveries across America in every The $250,000 being offered by the spon- Mr. DURBIN. That is exactly true. courtroom for every victim of medical sors of S. 11 is totally inadequate to The Senator’s home State, the State of malpractice with no guarantee that the injuries they suffered. The limita- Nevada, was a classic example of seri- medical malpractice premiums are tion of $250,000 would make them wards ous problems that were ultimately ad- going to decrease for doctors across of the state and dependent on govern- dressed last year by legislative action America. ment and charity for the rest of their when the State of Nevada accepted its Here is what I think we should do. life. That is what is being offered on responsibility. First, we should eliminate the anti- the Republican side of the aisle. We need to deal with this through trust exemption for insurance compa- The last point I make is this: When each State, and we need to find ways nies across America. To think we allow you read S. 11 closely, you will find it on the Federal level to try to make these companies to collude, to come to- is not only about doctors and hospitals, certain we do not have States in crisis, gether and share pricing information it is also about protecting from liabil- as mentioned yesterday, because of to the detriment of their customers—in ity HMO insurance companies and malpractice premiums. this case, their doctors—is indefen- health care organizations, the makers Mr. REID. The Senator is absolutely sible. The McCarran-Ferguson Act of medical devices, and those pharma- right. In Nevada, the Governor, Repub- should be repealed so the antitrust ex- ceutical companies that are found to lican Gov. Kenny Guinn, called a spe- emption is removed from the U.S. in- have been negligent in the sale of their cial session of the Nevada Legislature dustry. products. to address this problem which was cre- Second, we need to look at the whole I cannot understand how the medical ated by one insurance company that question of reinsurance. Most of these profession can allow itself to be used decided to take a powder when the malpractice insurance companies only by the sponsors of this bill so that stock market fell, as the Senator aptly protect doctors up to a certain those who are coming in to represent described. amount—perhaps $1 million or $2 mil- these special interest groups—the The Senator, who previously served lion—in terms of their exposure to li- HMOs and managed care organizations, in the House of Representatives, also ability. Then they sell off the addi- the pharmaceutical companies, and the said during his statements in the Sen- tional exposure—$2 million to $10 mil- medical device companies—get protec- ate that if we are going to move impor- lion, $2 million to $20 million—and buy tion, using as their argument the sym- tant legislation such as this, there insurance to cover it. There are five pathy that is being generated on behalf should be committee hearings dis- major companies selling reinsurance in of doctors who are struggling with mal- cussing the legislation. It is true, is it the medical malpractice area. Four are practice premiums. That is unfair to not, that we have had no hearings on offshore and not regulated by any the doctors; it is unfair to the hos- this legislation?

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9004 CONGRESSIONAL RECORD — SENATE July 8, 2003 Mr. DURBIN. I would say to the Sen- came to the floor yesterday and said: consideration the people who are para- ator from Nevada, that is accurate. In Use the same model on malpractice. lyzed, people who are injured and dam- fact, we had a limited hearing last Feb- Bring us together, Republican and aged in many other ways. With this ruary on the issue but not on this bill. Democrat alike, and try to find com- cap, these cases simply do not go for- Senator COLEMAN of Minnesota had a mon ground and a solution. If it is not ward. hearing in the Governmental Affairs through a committee process, let it be So it is really not fair to analyze Committee to talk about the general through an honest to goodness, good- what goes on in those States because issue of medical malpractice, where the faith negotiation, but we can achieve you don’t take into consideration the administration testified we are facing that goal. damage, the harm, the pain and suf- an epidemic of medical malpractice in Mr. REID. The Senator is aware, is fering of these people who have no way America. But no one has sat down to he not, the reason terrorism insurance to recover their expenses as a result of measure whether this bill will actually was held up for so long is that Repub- a direct negligent act by a physician. reduce malpractice premiums. The licans wanted absolute tort reform, ev- Mr. DURBIN. I agree. I say to the only studies that have been done by erything involving medical mal- Senator from Nevada, I do not profess the General Accounting Office, as well practice, slips and falls, rear-end auto- to be an expert, but I did, in my private as by a group known as the Weiss Insti- mobile accidents—everything. We said: practice as an attorney before I came tute, have come to the conclusion that Why don’t we just deal with terrorism to the Congress, have several mal- limiting the recovery of victims in insurance? We finally prevailed, and we practice cases. In some I defended doc- medical malpractice lawsuits is no have done a good job. There is con- tors and in some I sued doctors for guarantee of malpractice premiums struction going on all over America what I believed to be malpractice. coming down. In fact, in many cases of today, and they are able to go forward Those are heartbreaking cases and States with caps on the recovery, limi- because they can get terrorism insur- should not be dismissed easily by the tations on recovery for malpractice ance based upon the legislation we Members of the Senate until they sit victims, the malpractice premiums for passed. down and talk to families. doctors have gone up. The Senator, as I understand it—I I can recall a family who brought in There is no linear connection or want to make sure I am correct in an infant girl to my office. She had guarantee that limiting the recovery this—believes reform is needed? gone to the doctor for her ordinary for victims is going to help the doctors, Mr. DURBIN. Yes. baby shots, which I am sure the Sen- yet that is the only solution that is be- Mr. REID. No. 2, you believe we ator from Nevada and my family have fore us on the floor today. should do it through the ordinary proc- done; we have brought our children in Mr. REID. It is also true, is it not, I ess, have committee hearings. for them without any real concern. say to the Senator from Illinois, that Finally, you believe the insurance in- This poor little girl, because she had a the two studies of the Weiss and the dustry should be involved in this be- condition known as roseola, a form of General Accounting Office are not cause the McCarran-Ferguson Act, measles that was undetected before the studies that have been paid for, were named after Senator Pat McCarran of administration of the baby shot, ended involved with or directed by attorneys? Nevada, was passed to give a few years up with a serious reaction to the per- Is that a fair statement? of relief to the insurance industry so tussis vaccine for whooping cough and Mr. DURBIN. That is exactly right. I they could gather together during the literally became a quadriplegic. This would say to the Senator from Nevada, Depression and not be involved with little girl was going to live the rest of it is true the medical profession feels the Sherman Antitrust Act, and now, her life in a virtual coma-like state very strongly on one side and the trial some 70 years later, they are the only and need constant care. bar on the other. But what I have tried business other than major league base- What we hear from the other side of to do is gather information from those ball that is not subject to the Sherman the aisle is that that is not worth more who have no axe to grind, people who Antitrust Act. So the Senator believes than $250,000. are trying to analyze this problem hon- they should be like other businesses in estly. The conclusions they have America, subject to the Antitrust Act. I would say, if I were the parent of reached suggest to me this is a much If we did some reform here and we in- that little girl, I would view this a lot more complex problem than what we volved the committee structure and we differently. I would want to have a jury see today. involved the insurance industry, I of my peers to decide what it is worth, Unfortunately, S. 11 I think is a po- think we could move the bill pretty what is the value. litical answer to a much more serious quickly. Does the Senator agree? But S. 11 takes away the authority of problem. If this is a question about Mr. DURBIN. I agree with the Sen- the jury to make that decision and de- whether the White House is going to ator. cides we will make the decision here take on the trial bar in some sort of One other thing that needs to be part for every case in America—no matter confrontation for the next election, of the record: Even if we enacted S. 11, how serious the injury to the infant or that is one thing. It is an interesting which is the cap on recovery for med- the person who is the victim of mal- political battle. It is not going to solve ical malpractice victims—children, el- practice, no matter what the cir- the problem, not in my State or any derly people and families alike—there cumstances—to strictly limit it to a other State. We have to deal with it is no guarantee medical malpractice $250,000 recovery. honestly by saying the medical profes- insurance premiums will come down. In I think that is unfair. I think the sion, the insurance industry, as well as Nevada, significant reform legislation Senator from Nevada has made the the legal profession have to come to was passed but, as I understand it, the point. the table. We need to have not only premiums did not start coming down The last point I will make on this committee hearings so we can see pub- for some period of time, if at all. issue is that I think we need to give licly what this issue is all about, but Mr. REID. It is absolutely true. The the doctors immediate relief on mal- we need to have a good-faith effort. We fact is, if you look around the country, practice premiums. I am going to in- can do it. insurance rates have not gone down troduce legislation with Senator GRA- I think the Senator from Nevada re- where these medical malpractice re- HAM of South Carolina that will pro- calls after 9/11 we had a problem with forms have been initiated. vide an immediate tax credit, in addi- terrorism, of course, and the threat of But another thing it doesn’t take tion to the deductibility, an immediate terrorism. That had an impact on the into consideration is the tremendous tax credit of up to 20 percent for relief construction industry and on invest- harm done to people who have no abil- to the specialties that are hardest hit ment. So people came to us and said: ity to move forward when a doctor does by these increases in premiums for We can’t get people to invest in build- something wrong to them. malpractice insurance—neurosurgery, ing new buildings unless we do some- I think the Senator indicated there OB/GYN, trauma surgeons. I really be- thing about terrorism insurance. are about 100,000 people killed because lieve we need to do something quickly. We sat down on a bipartisan basis of medical malpractice in America S. 11 does nothing but change a law and worked it out. Senator DASCHLE every year. But that doesn’t take into which may or may not, in 3 or 4 years,

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9005 result in premiums going down. It is America says, look, don’t expect any looking at caps if there was any con- far better for us to do something on an relief, what is it we are doing? This clusive evidence that caps work. There immediate basis, an emergency basis. I isn’t from some trial. This is a person is a very respected analytical group hope the medical association and soci- who advocates tort reform, but he is in that made, with some fanfare, a deci- eties across America will take a hard the name of real honesty saying: Look, sion a couple of years ago to examine look at this bill—it is being offered in this is not the reason we are arguing this whole relationship between caps good faith to deal with the immediate for tort reform today. It is not going to and premiums. They announced when crisis—rather than penalize the victims bring down insurance premiums. they started the study that they did of medical malpractice. I think procedurally we have a real not know how it is was going to turn Mr. President, I yield the floor. concern about the reason we are here out. It could be pro-cap or it could be Mr. REID. Mr. President, if I could today. I think that is something that anti-cap. They didn’t know. But they say one thing—I know the Democratic ought to be considered very carefully. believed an objective review of the leader is in the Chamber—I have the This is an important bill. It deserves available information ought to be con- highest respect and admiration for my the kind of careful, substantive atten- sidered. They studied it. They looked colleague from the State of Nevada, tion that only committees can bring. at every single State. They released Senator JOHN ENSIGN, who has intro- Second, of course, is the issue itself. their findings about 3 weeks ago. duced this legislation. He is passion- As the distinguished Senator from Illi- nois has said so ably, we understand Do you know what they found? They ately involved with doing something to found that there is no relationship. In solve this medical malpractice crisis. how important it is to address the seriousness of insurance premiums. We fact, what they found is, in those As I have indicated, I have supported States where there are caps, insurance his efforts to do something about it. He have two approaches before us: The one offered by the Senator from Illinois, premiums went up more than in those and I tend to disagree on how to do it. States that didn’t have caps. But I want the record to be spread with and the one offered by the Senator the fact that I have great respect and from South Carolina which will give They are not arguing that caps had admiration for his moving forward on immediate relief. We are talking with- anything to do with it. But it is an in- this problem. in the next couple of weeks, if this teresting fact. Those States today with I only wish there had been full com- went to the President’s desk, imme- caps have actually seen higher insur- mittee hearings on his legislation. I diate relief for meaningful insurance ance premiums than those without think it would have improved it before cost reduction. caps, according to this very respected it reached the floor. I think he has When I go home that is the issue independent study just released. about which doctors tell me they are been shortchanged by not having his Both on the substantive as well as on concerned. They can’t afford to pay the legislation brought before the appro- the procedural issue, we have great premiums. There is no better way to priate committee, had hearings, and concern with the fact that we are here reduce the premiums than to give them then brought here. I think with some today. We have a solution. I would the immediate relief offered in the Gra- changes in this legislation it is some- ham-Durbin bill. But I must say this is argue to anyone on the other side who thing we could all support. also a recognition of the concern. really wants to resolve this issue that The PRESIDING OFFICER. The There has to be a way to address the we go back to what we did last year Democratic leader. problems created when mistakes are with terrorism insurance. That, too, Mr. DASCHLE. Mr. President, I com- made. Tommy Thompson himself—cer- was a tort reform question. Member pliment again, as I did yesterday, the tainly no advocate of the status quo— after Member came to the floor and distinguished Senator from Illinois for has recognized that last year, the year said unless we deal with tort reform we his great work on this issue and for be- before that, and the year before that will never solve the terrorism insur- ginning this educational process that I 100,000 people died as a result of mis- ance question. We sat together in a bi- think has to be a part of the debate at takes made in operating rooms, in clin- partisan fashion—Republicans and this time. ics, and hospitals across the country. Democrats—worked out a reinsurance I also want to thank, as is always the That is not my figure. That is not some concept and passed it on the Senate case, the distinguished assistant Demo- special interest figure. That is the Sec- floor, finally, after a great deal of trib- cratic leader for his involvement in retary of Health and Human Services— ulation and negotiation, with a large these discussions as well. 100,000 people died. margin. I have concerns about where we are I oftentimes find myself equating with regard to this issue on at least If you go to New York or to Chicago numbers with Vietnam and Vietnam- or to the hometown of the Senator two counts. era veterans. We lost 58,000 people in First of all, the procedural count: I from Illinois or a lot of other places, Vietnam. We are losing almost twice you will find that the terrorism insur- wish I had $1 for every occasion when that number every year due to mis- Republicans would lament the fact ance bill worked. I would argue it takes made in operating rooms and in worked in part because procedurally we that the committee process was by- hospitals. passed. Yet here we are. There has been decided to come together and resolve it What I find perplexing—interesting— and solve it. I think it worked in partly no hearing. There has been no markup. is that our Republican colleagues, who There has been no committee consider- because we addressed the issue with say the States know best how to gov- real solutions. We didn’t get hung up ation at all of what is one of the most ern, are saying: Well, in this case we complex and extremely controversial on all of this tort reform because that don’t think that is the case. In this wasn’t the issue there either. issues to face the Senate and the coun- case what we think is we know better. try. To bypass the entire committee Washington is going to dictate to the Today, we still celebrate a success process and bring the bill straight to States what the laws with regard to story. We celebrate a success story the floor does an injustice to the issue. tort will be. Not only are we going to here, too. We have a bipartisan Gra- As Senator REID has noted, a bill of set the cap at $250,000, but we are actu- ham-Durbin bill. It might not be every- this magnitude deserves careful consid- ally, under the legislation before us thing. Maybe we can figure out a way eration, deserves the opportunity to be today, going to preempt every single to make it an even better bill. I think heard, and deserves the chance to have State law except the cap. we have to deal with reinsurance. I some debate in the committee among We are going to tell the States we think we have to find a way to deal the experts who know this issue. I know better and we are going to dic- with reinsurance reform. We have to think it would be very helpful. tate to the States what it is they are provide immediate relief and the tax It is interesting that the president of going to have to abide by from here on credit relief proposed by the Senator the Tort Reform Association said don’t out—total Federal preemption of State from Illinois. We can do that. I think it count on insurance premiums going law. It is amazing that is coming from is important that we do it. I think it is down if this legislation passes. I think our Republican colleagues. important that we recognize unless we Senators need to know that. If the I would also say I am concerned be- do it that way we are not going to president of the Tort Association of cause I can probably even consider solve this issue.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9006 CONGRESSIONAL RECORD — SENATE July 8, 2003 Cloture will not be invoked tomor- going to live a lifetime of medical de- who would sit in judgment of every sin- row—not because we don’t want to pendency because of medical mal- gle case in America involving medical solve this problem but because we practice. It is not going to be done in a malpractice. don’t want to have a bill that is poorly way that is going to deny a woman who We are not going to hear the story of conceived and will not solve the prob- went in for simple cosmetic surgery the parents, who are going to come lem and which will be rammed down and ended up with horrific burns on her from that downstate community in Il- the throats of the country. We can find face that required a dozen operations linois, who took their little boy in with a better way to do this. and years and years of suffering. That a high fever, who expected medical I would just implore my colleagues is not the way to resolve this. care—which each of us would expect as on the other side to work with us to Do this in a fair way for doctors; do parents bringing in our baby with a make that happen. it in a fair way for medical malpractice fever to a clinic—and did not receive it Let me again thank the distinguished victims. Do not be afraid to call in the because no temperature monitor was in Senator from Illinois for his work. special interest group, the insurance place and, as a consequence, that little I yield the floor. companies, and tell them they have to boy’s high fever led to complications, The PRESIDING OFFICER. The Sen- be part of this conversation. We have quadriplegia, and the fact that he now ator from Illinois. the power in Congress to bring them in. has a lifetime of medical dependence Mr. DURBIN. Mr. President, I thank We have the power to change the laws on his parents. He will never enjoy the the Democratic leader for his com- to make sure they treat doctors and simple things in life which each of us ments and for his leadership on this hospitals fairly and to make certain takes for granted. issue. I think he has shown a good- the medical profession comes forward. We are not going to hear that story faith effort in the past to deal with It is interesting to me that as I have in the Senate as a jury would hear in a issues and with the complexity of ter- discussed the issue of medical mal- courtroom. We will not hear the details rorism insurance. And that oppor- practice with doctors in my State and of his life and what it means now: the tunity is still here today. across the Nation, they have been of pain and suffering he goes through This week in Washington, many rep- one mind and one voice and they have every single day. No, we will not hear resentatives of the medical profession agreed: We need to do more to make those facts. We will not make a deci- will come to visit us and talk about the certain we reduce the incidence of med- sion based on the reality of the mal- seriousness of this issue. They don’t ical errors. practice that this family and boy en- need to convince me; I am convinced. A doctor, who is a friend of mine, in dured. The question is, How do we resolve it Decatur, IL, also works on the board of Instead, we will make a decision, fairly and not just for doctors but for a local hospital. He said he went to the under S. 11, that says $250,000 is the the victims of medical malpractice. We hospital pharmacy where they literally maximum amount that boy and his can do this. But I don’t believe S. 11 is write thousands of prescriptions each family will ever receive for the injuries the way to approach it. year for the patients who come which they have suffered when it If we are going to allow this to dis- through that hospital and they wanted comes to pain and suffering. That isn’t integrate into a political face-off be- to find out how many errors had been fair. We should not stand as a jury and tween the White House and the trial made in the prescriptions that had make that decision. We ought to trust lawyers of America, perhaps when it is been written. They came up with a a jury system that has been part of all over someone will have bragging handful of examples. The doctor said to American justice for a long time, a sys- rights for a 30-second ad. It will not me: Senator, I know better, and you tem that we rely on every single day in help the doctor with whom I met who know better. We’re not doing a good thousands of courtrooms across Amer- is serving Primbrook Township, south enough job here to make certain that ica. of the city of Chicago about an hour- mistakes are not made in the drugs and-a-half drive. You will find some of that are prescribed and the prescrip- I think a sensible approach is to say the poorest rural towns in America in tions that are written. that we do have a problem; we will Primbrook Township. This doctor is We can do a better job—and we work with the doctors; we will work literally giving his life to the poor who should—to have medical safety. Doc- with the insurance companies; and we need medical care. He said to me 2 tors want the best results. They do not will work with the legal profession to weeks ago in Washington: Senator, I want bad results. Certainly, the fami- find a reasonable alternative to it. S. 11 am here to receive this Jefferson lies and patients do not, either. We can is not that alternative. Award, and I am proud of it, but I need work together to try to improve med- If, in fact, the cloture motion is de- help with malpractice insurance. I ical care in America in a professional feated tomorrow, which means we do want to help him. way. not proceed to the bill, I make this Limiting the recovery by mal- The bill I am going to introduce is offer, not only to the sponsors of that practice victims may ultimately give going to allow for the transfer of infor- bill but to all who are interested in someone some satisfaction that they mation, data on medical safety, and this issue, that I will personally engage have scored a political victory over the the transfer of information without myself in trying to find a reasonable, trial bar, or perhaps their limitation of legal liability, so a doctor who would good-faith alternative that reduces victims’ recovery will give them some report an incident at a hospital that malpractice rates, premium rates, par- satisfaction, but it is not going to help may lead to a change in a procedure or ticularly for those doctors who have no that doctor. It is not going to reduce perhaps to a disciplining of a doctor is experience of wrongdoing—now, there his premiums. It is not going to give not going to be held legally responsible are some doctors paying high rates him an opportunity to continue his for having come forward with this in- who, frankly, have to pay them be- practice. formation. cause they have been found guilty of So I say to my friends in the medical I think that is the only fair and hon- malpractice—but for the innocent doc- profession—and this doctor is a good est way to deal with this issue. But if tors, who have given their lives to med- example—we honor and respect what we are going to deal with it, let us look icine and who come forward every sin- you do. We need you. We need to work at each of those components: the med- gle day in a valiant effort to save and with you. Do not get so caught up in a ical profession, the insurance industry, improve lives, I will stand on their side political agenda involving the White as well as the legal profession. to make certain that they are treated House and the trial lawyers that you What I do not want to see occur is reasonably and fairly. overlook the fact there are many peo- what S. 11 really mandates; that is, in- Please do not turn to S. 11 as your ple of good faith and good will who stead of a jury of 12 in communities only recourse because S. 11, being of- want to sit down and help. across America taking a look at each fered on the floor today, is one bill We believe this can be done. It can be individual case to decide what a fair, which is as unfair to malpractice vic- done in a way that is not going to deny reasonable verdict and outcome might tims as the insurance premiums are the parents and the family of the small be, we would have a jury of 100, 100 Sen- unfair to doctors in many places in child, who, as I mentioned earlier, is ators, men and women elected here, America today. Let us work together—

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9007 as we can; as we did under the ter- 10,000 square miles unserved by a trau- cially in the last few years, and if this rorism insurance legislation—to find a ma unit. chart continued out, it is continuing reasonable alternative. The bottom line is patients cannot that trend up to the point where the Mr. President, I yield the floor and get care when they need it most. By average being paid in jury awards is suggest the absence of a quorum. definition, this is a crisis. This crisis continuing to skyrocket, and it is The PRESIDING OFFICER. The boils down to two factors: affordability doing that because of the number of clerk will please call the roll. and availability of medical liability in- over $1 million awards being made by The assistant legislative clerk pro- surance for providers. juries. ceeded to call the roll. The States in red are currently in This is a chart reflecting the median Mr. SCHUMER. Mr. President, I ask crisis. A number are new States in cri- jury award. We can see this is the $1 unanimous consent that the order for sis. We can see they have been added, million line, and we can see what has the quorum call be rescinded. including the Chair’s State of Wyo- happened. It has gone up. This, unfor- The PRESIDING OFFICER (Mr. ming. My State has been in crisis for tunately, has created a situation where ENZI). Without objection, it is so or- quite some time now, and it has led to doctors, hospitals, and health care pro- dered. a lot of the national press, but it is cer- viders cannot afford to buy the insur- Mr. SCHUMER. Mr. President, I ask tainly not alone. The States indicated ance they need to continue practicing. unanimous consent to address the Sen- in yellow are the States that have This excessive litigation is leading to ate for about 15 minutes on an upcom- problem signs. The States that cur- higher health care costs for every ing judicial nomination. rently seem to be OK are indicated in American and an unstable peace of The PRESIDING OFFICER. All re- white, and we can see that very few mind for our health care providers. maining time is on the majority side. States are in pretty good shape. Most Health care professionals are forced to Is there objection? of those States have enacted medical practice defensive medicine by order- Mr. ENSIGN. Mr. President, I was liability reform that has been in place ing unnecessary tests just to avoid scheduled to make a statement on the long enough to stabilize the rates on being sued for ‘‘underdiagnosing’’ their medical liability bill, and I am pre- medical liability insurance. patients. A study by the Department of pared to do that at this time. On affordability, the American Med- Health and Human Services found de- Mr. SCHUMER. Mr. President, I ask ical Association found that in the year fensive medicine is costing the Federal the Senator how long he intends to 2000, medical liability insurance rates Government an estimated $28 billion to speak. increased at least 30 percent in 8 States $47 billion in unnecessary health care Mr. ENSIGN. Probably 10, 20 min- and by at least 25 percent in more than costs. utes. 12 other States. In this past year, the Who else pays for these unnecessary Mr. SCHUMER. I ask unanimous con- physicians in my State would be costs? Every American with health in- sent that after the Senator from Ne- pleased if the rates had only gone up surance in the form of higher pre- vada finishes his remarks, I be recog- that much. These rates are forcing miums and, obviously, the American nized for 15 minutes on the nomination more physicians, hospitals, and other taxpayer. Too often costs are so great of Mr. Wolski on which we will vote at health care providers to limit their that employers have to stop offering 11:45 a.m. practices or to leave the profession al- coverage altogether, thereby increas- The PRESIDING OFFICER. It was together. ing the number of uninsured Ameri- the Chair’s understanding there would Anecdotally—and obviously this hos- cans. A lot of those uninsured Ameri- be a substitute in the chair so he could pital would not want this word to get cans are younger, healthier people. So make a statement on the Republican out—at this time of the year when they the people who are left in the health time following Senator ENSIGN’s speech get applications for new residents, they care field are a higher risk pool, which and that the debate would begin at normally get about 18 to 20 residents drives up the cost even more, which 11:30 a.m. on the judges. applying for slots at that hospital. causes more and more people to not be Mr. SCHUMER. Mr. President, are That is an average of 18 to 20 each able to afford health care insurance; you saying there is no time between year. This year they have received zero therefore, more uninsured. It is a vi- now and 11:30 a.m.? applications, and that is because of the cious cycle that goes on and on. This The PRESIDING OFFICER. All the medical liability crisis that is occur- cycle has to be stopped. We can do that time has been reserved on the Repub- ring in my State. by passing national medical liability lican side. Rates are forcing so many physicians reform right now. Mr. SCHUMER. I thank the Chair. and hospitals into a situation they did Comprehensive reform is critical on a The PRESIDING OFFICER. The Sen- not want to be in. They went into these national level because every American ator from Nevada. practices because of the compassion patient should have access to afford- Mr. ENSIGN. Mr. President, I have they felt for patients, and they are not able and high quality health care. come to the Chamber to talk about the being able to deliver the services be- Likewise, every responsible, meri- legislation we are going to be dis- cause of the out-of-control costs of torious member of the health care cussing for the next couple of days. It medical liability insurance. community should not be afraid to pro- is very important legislation that af- On the issue of availability, thou- vide such care because of the fear of fects people in virtually every State in sands of doctors nationwide have been litigation. the country. left with no liability insurance as To achieve these reforms, I have in- We have patients today being denied major insurers are either leaving the troduced the legislation that is before access to medical care in many States market or raising the rates to astrous today, known as the HEALTH Act. across the country, and we are going to nomical levels. It has several key reforms. It includes explore why that is happening and Why are insurers raising rates or a $250,000 cap on noneconomic damages, what I believe the solution should be. leaving the market? Because there is joint liability, and collateral source Several States are losing medical pro- no stability in the marketplace for pro- improvements, and limits on attor- fessionals at an alarming rate, leaving viding medical liability insurance. Why ney’s fees according to a sliding scale thousands of patients without a health is that the case? Because our health award. care provider to serve their needs. care system is being overrun by frivo- In addition, my legislation includes In Bisbee, AZ, the town’s only mater- lous lawsuits and outrageous jury an expert witness provision to ensure nity ward closed. Today expectant awards. This excessive litigation is that relevant medical experts serve as mothers must drive more than half an leading to higher health care costs to trial witnesses instead of the so-called hour to have their babies delivered. In every American and an unstable peace professional witnesses who are used to Mississippi, 11 out of 21 obstetricians of mind for our health care providers. further abuse the system today. If one terminated service in four rural coun- This chart shows the average pay- talks to physicians, there is literally a ties. In my home State of Nevada, our ment in red from the year 1989 to the whole industry that has been created of only level 1 trauma center closed for 10 year 2001 and the median payment. We these ‘‘professional witnesses.’’ It days, leaving every patient within can see the dramatic increase, espe- would make sense that if somebody

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9008 CONGRESSIONAL RECORD — SENATE July 8, 2003 was testifying in a case involving neu- Colorado State University. I saw first- ways we can do that is to enact legisla- rology, that the person should have ex- hand that mistakes are made. tion to encourage voluntary reporting. pertise in the field of neurology. I Medicine is an art and a science, and The current system actually is a pro- think that makes incredible common there is a human being practicing that tectionist-type system that if some- sense, but that is not the way it works very inexact science. Every day somebody voluntarily reports mistakes, today. As long as somebody is a physi- where mistakes are made. They are un- they set themselves up for lawsuits. So cian, they are able to testify and be fortunate. We should do everything we we have no way to follow where the called an ‘‘expert.’’ can to limit those mistakes, but we mistakes are being made and to point Our legislation today says that if know mistakes will be made. out trends so we can correct those mis- they are to be called an expert, they Sometimes they are mistakes in takes. must have expertise in the field in judgment. When one looks back in The House has passed patient safety which they are testifying. Over 50 orga- hindsight, they can see how they could legislation. We are going to be working nizations are in support of my bill, in- have made that decision differently. on that in the HELP Committee, of cluding business groups, medical asso- But when they are faced with it at the which I am a member. I hope, in a bi- ciates, device manufacturers, and the time, because the human body does not partisan fashion, we can craft patient list goes on. I have heard from people read the textbook—this is how the dis- safety legislation that will make the all over my State, and not just physi- ease is supposed to progress, this is outcomes more of what we all want to cians. This is not a doctors versus law- how the injury is supposed to see. That means fewer mistakes. But yers issue. This is about patient access progress—the human body does not understand that there is no way to to medical care. That is why we have read that. So sometimes it reacts dif- have a mistake-free environment in heard from nurses, physical therapists, ferently to the way the physician was such an area where the science is so in- and people who work in doctors’ offices trained, and so what looks like a mis- exact. We have an opportunity here. and understand the problem that is take in a court of law could have actu- We have an opportunity with so going on. We have heard, of course, ally been a very difficult judgment many States now in crisis. The States from physicians, but we have also call. Yet a lot of these are frivolous in red on the chart are in crisis; the heard mostly from the patients who lawsuits that are going to trial. States in yellow show serious problem understand; we have gotten so many In our legislation, we are trying to signs. We have a chance in the Sen- calls from women whose physicians bring some balance back to the system. ate—the House of Representatives has used to deliver babies. The women are We do limit the amount of non- already enacted this legislation—to now pregnant and their obstetricians economic damages, pain and suffering make a real difference in patients’ no longer can deliver babies because as it is most often referred. People say, lives. We can make sure trauma cen- they may be a high risk delivery and how can that be limited? How can los- ters do not close. We can make sure they can no longer afford to provide ing a leg be limited or how can a dollar when a woman needs access to an ob- that type of a service. figure be put on that? stetrician she can have that access. The broad coalition that has come Well, a dollar figure can never be put A friend of mine has Parkinson’s dis- forward to urge meaningful reform on it. No amount could ever be justi- ease, lives in Las Vegas, and has to go highlights that this problem affects a fied to somebody for some of the things to Loma Linda where his specialist number of industries, not only our that happen to them, but we have to treats him. We do not have that par- health care system. Starting the Sen- look at the overall good of our system. ticular field of subspecialty in southern ate debate with our strongest proposal With the system we have now, we are Nevada. He talked his physician into is critical because we must not approve losing doctors, and we are losing the coming to Las Vegas before the crisis a weak bill that the President will not kind of patient care we need. How does hit Nevada. When the crisis hit and we be able to sign into law. Doing someone put a dollar figure on the doctor lost our major carrier of medical liabil- thing weak as a Band-Aid would actu- not being there, on the health care pro- ity insurance, the rates literally dou- ally make things worse, and that is vider not being there, on the hospital bled and tripled overnight, and that why we need very strong legislation. closing, on the trauma center closing? physician decided to stay in California. Opponents of this legislation ask how We had a press conference several Why? Because they have enacted a law I know this approach works. It works months ago in Washington with a that has kept rates reasonably low. because this legislation is modeled woman whose father was in Las Vegas My next chart shows differences in after the highly successful legislation visiting, and it happened to be the larger cities around the country. First, that passed and has been in place for week that our trauma center closed. OB/GYN in Los Angeles, a well-to-do over 20 years in California. It is known During that week, unfortunately, he area that has enacted medical liability as MICRA. MICRA has brought about needed our trauma center. I cannot tell reform, $54,000 on average for an OB/ real reform to California’s liability my colleagues that he would have lived GYN; in Denver, also where they have system. The number of frivolous law- if it was open, but the reason trauma had enacted legislation, $30,000. Then suits going to trial has declined dra- centers exist is because they provide we have New York, Las Vegas, Chicago, matically. Injured patients receive a intense expertise in the area of trauma. with Miami the worst. These are places larger share of their rewards because of They have great results, much better that do not have medical liability re- the limits on the fees that go to the than normal emergency rooms. Unfor- form. In Miami, rates are over $200,000 trial attorneys. Disciplinary actions tunately for this family, that trauma on average for an OB/GYN. against incompetent health care pro- center was closed. People say doctors make plenty of viders have increased. By the way, the only way we were money. Have you talked to an OB/GYN The bottom line is that California’s able to reopen the trauma center in lately about their average income? In medical liability system works. This is Las Vegas was because the State Las Vegas, the average income is a quote by one of our colleagues from stepped in and said that we are going around $200,000 for an OB/GYN who the other side of the aisle, Senator to limit not to $250,000, but we are goes through 8 years of undergraduate DIANNE FEINSTEIN, January 14, 2003: going to limit to $50,000 any injuries and medical school and then a 5-year With the California law, we have a time- and malpractice that occurs. That is residency. They come out $250,000 to tested solution. California passed MICRA in not just noneconomic, that is even eco- $300,000 in debt minimum and they 1975, so we have our 27 years of successful ex- nomic damages. That is the only way work about 100 to 110 hours a week to perience with the law. that the trauma center in Las Vegas make $200,000. And their rates now in One important point, neither MICRA was able to open. We are losing all Las Vegas are around $130,000 to nor my legislation limits the amount kinds of experts in emergency rooms in $140,000, up from a couple of years ago of economic damages that an injured other areas in Las Vegas as well. around $40,000 or $50,000 a year. patient can recover. As in every other People talk about decreasing the Because of managed care they are profession, mistakes are made by amount of mistakes by physicians, and not able to increase their rates, so it health care providers. I practiced vet- we need to do that. It is very difficult comes out of their pockets. That is erinary medicine after graduating from and very complex to do. One of the why a lot of them are leaving our

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9009 State. That is why a lot of new people one of the reasons I am speaking this the Judiciary Committee or their des- are not going into the practice of ob- morning. I thank the Senator from Ne- ignees. stetrics and gynecology. Especially for vada for that courtesy. The clerk will report. delivery of high-risk patients, rates We all went home during the Fourth The legislative clerk read the nomi- have skyrocketed. Many physicians of July break to celebrate a birthday, nation of David G. Campbell, of Ari- simply will not treat high-risk pa- the birthday of our great Nation. We zona, to be United States District tients. gathered with family and friends. We Judge for the District of Arizona. What are the women to do with a set off fireworks. Some Members were The PRESIDING OFFICER. The Sen- high-risk pregnancy? More and more in parades. It was all about a birthday, ator from Idaho. women today are choosing to have ba- the birthday of this great Nation. Mr. CRAIG. Mr. President, I suggest bies later and later in life, and more My wife Suzanne and I were also the absence of a quorum. and more of them have high-risk preg- home in Idaho because of other birth- The PRESIDING OFFICER. The nancies as a result. With fewer and days. On May 31 of this year, our clerk will call the roll. fewer doctors able to deliver high-risk daughter Shae and her husband David The legislative clerk proceeded to pregnancies, this does not add up. That had twins. Two new grandchildren en- call the roll. is why it is so critical to enact this leg- tered both Suzanne’s and my life, a boy Mr. FRIST. Mr. President, I ask islation before the Senate today. and a girl, born on May 31. The little unanimous consent that the order for I know where the politics lie. We will boy’s name is Drew Calvin Howell and the quorum call be rescinded. probably not be able to pass this legis- he weighed 5 pounds and 3 ounces. His The PRESIDING OFFICER. Without lation at this point. However, I want sister, I am sure always to be called objection, it is so ordered. people to take a hard look, talk to the the little sister, is Peyton Shae Howell, UNANIMOUS CONSENT AGREEMENT patients in your States, find out what and she was born at 11:54. Drew was Mr. FRIST. Mr. President, I ask is really happening at the grassroots born at 11:32. She weighed 4 pounds and unanimous consent that the cloture level. This is not a question of how 1 ounce. They are twins and were pre- vote with respect to the Wolski nomi- much money a physician makes. This mature so they stayed the first 3 weeks nation be vitiated; provided further is not a question of whether hospitals of their lives in intensive care in a that at 2:15 today the Senate resume or insurance companies are going to be Boise hospital before they were allowed the motion to proceed to S. 11; further, profitable. This is a question of wheth- to come home. I ask unanimous consent that on er when somebody needs the health Here we are, Fourth of July, and they Wednesday the time between 9:30 a.m. care services to save lives or deliver are really home for the first time. It is and 11 a.m. be equally divided between babies, that health care will be there the first time grandpa had a chance to the two leaders or their designees; that because the provider is there. hold them and love them and see them at 11:30 the Senate proceed to the vote I am passionate about this issue be- and be around them. It was a treat for on invoking cloture on the motion to cause people are in jeopardy of not get- our family but especially for Suzanne proceed to S. 11; and, regardless of the ting the kinds of lifesaving services and myself to be with our grand- outcome of that vote the Senate then they need, the types of services that children. proceed to an immediate vote on the improve the quality of life for so many This Fourth of July in Idaho with our confirmation of Victor Wolski to be a Americans. That is why this legislation family took on special meaning as we judge of the U.S. Court of Federal is so critical today. celebrated the birthday of these grand- Claims. As we go forward over the next 24 children, these twins, with our daugh- I further ask unanimous consent that hours debating this bill, I encourage ter Shae and her husband David. It is immediately after the confirmation of Members to have a healthy debate with always an important time in families the Wolski nomination the Senate pro- an up-or-down vote and start hearing when grandchildren enter them. Drew ceed en bloc to Executive Calendar from the American people on this and Peyton are the sixth and seventh Nos. 89, 129, and 130; and, further, that issue. If Senators listen to their con- grandchildren, so we feel very privi- the nominations be confirmed and the stituents, they will hear loudly and leged by that. motions to reconsider be laid upon the clearly we need to reform our medical Often we come to the floor to talk table, the President be immediately liability system so we can afford to about momentous and meaningful notified of the Senate’s action, and the have health care that is so desperately events. The Republican Senator from Senate then resume legislative session. needed. Nevada just spoke about a critical Finally, I ask unanimous consent I yield the floor. issue of reforming health care in our that following that action the Senate The PRESIDING OFFICER. The Sen- country, and malpractice. But probably then proceed to the consideration of ator from Idaho. there is no more important event than Calendar No. 77, S. 925, the State De- Mr. CRAIG. Are we in morning busi- when grandchildren enter our lives. partment authorization bill. ness? I yield the floor. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. We are in objection? f morning business with remaining time Mr. DASCHLE. Mr. President, reserv- on our side of 4 minutes 21 seconds. CONCLUSION OF MORNING ing the right to object—I will not ob- Mr. REID. Mr. President, I ask that BUSINESS ject—I will make a comment and then the Senator from Idaho be given what- The PRESIDING OFFICER. Under pose a clarification. I talked to the majority leader ear- ever time he needs. He is talking about the previous order, morning business is lier today about the concerns that we a very important subject. closed. The PRESIDING OFFICER. There is have regarding Mr. Wolski. Although it a unanimous consent to begin debate f was not our intent to extend the debate on judges at 11:30. EXECUTIVE SESSION indefinitely, it was our view that, Mr. REID. I ask unanimous consent given the nature of his nomination, it NOMINATION OF DAVID G. CAMP- the Senator have whatever time he deserved a little additional attention BELL, OF ARIZONA, TO BE needs up to 25 minutes to the hour for and some specific time for debate be- UNITED STATES DISTRICT this very important statement. yond that which we were provided this JUDGE FOR THE DISTRICT OF The PRESIDING OFFICER. Without morning. ARIZONA objection, it is so ordered. I wish to express my appreciation to f The PRESIDING OFFICER. The hour the majority leader for giving us that of 11:30 having arrived, the Senate will opportunity. I hope, if there are breaks BIRTH ANNOUNCEMENTS proceed to executive session for the in the debate either today or tonight, Mr. CRAIG. Mr. President, the Demo- consideration of Executive Calendar that Senators who have an interest in crat leader and I were visiting a few No. 227 until the hour of 11:45, with the this particular nomination use that moments ago about our Fourth of July time equally divided between the time in addition to the amount of time break and what we were doing. That is chairman and the ranking member of that is earmarked for the debate on the

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9010 CONGRESSIONAL RECORD — SENATE July 8, 2003 nomination tomorrow morning. So we I commend the President for his Mr. MCCONNELL. I announce that will certainly find a way in which to nomination of David Campbell. the Senator from Oklahoma (Mr. make that part of the schedule. I also express appreciation to David’s INHOFE) is necessarily absent. The clarification: As I understand wife Stacey and their five children for Mr. REID. I announce that the Sen- it—and I ask for the majority leader’s putting up with what will now be a ca- ator from Delaware (Mr. BIDEN), the affirmation—Nos. 89, 129, and 130 are reer on the Federal bench for this very Senator from North Carolina (Mr. the nominations involving the Federal fine candidate, David Campbell. EDWARDS), the Senator from Florida Claims Court. They are the other nomi- I urge my colleagues to support the (Mr. GRAHAM), the Senator from Massa- nees whose names are still pending on confirmation of his nomination to be a chusetts (Mr. KERRY), the Senator from the Executive Calendar. I ask the ma- U.S. Federal judge. Connecticut (Mr. LIEBERMAN), the Sen- jority leader if that is, indeed, the case. I ask for the yeas and nays. ator from Georgia (Mr. MILLER), and Mr. FRIST. Mr. President, that is the The PRESIDING OFFICER. Is there a the Senator from Florida (Mr. NELSON) case, and the understanding as put sufficient second? are necessarily absent. forth in the unanimous consent request There is a sufficient second. I further announce that, if present is that we proceed to them en bloc. The yeas and nays were ordered. and voting, the Senator from Massa- They are the other three on the claims Mr. HATCH. Mr. President, I rise chusetts (Mr. KERRY) would vote court. today to express my strong support for ‘‘yea.’’ Mr. DASCHLE. Mr. President, I have the confirmation of David G. Campbell The result was announced—yeas 92, no objection. to serve as a judge of the United States nays 0, as follows: The PRESIDING OFFICER. Without District Court for the District of Ari- [Rollcall Vote No. 263 Ex.] objection, it is so ordered. zona. YEAS—92 The PRESIDING OFFICER. The Sen- David Campbell is an extremely well- ator from Arizona. qualified nominee with a significant Akaka DeWine Lott Mr. KYL. Mr. President, I ask unani- Alexander Dodd Lugar amount of litigation experience, and he mous consent to speak for no more Allard Dole McCain will make an excellent addition to the Allen Domenici than 2 minutes on the nomination of McConnell federal bench. Baucus Dorgan Mikulski David Campbell upon which we are Bayh Durbin Murkowski He received his undergraduate degree Bennett Ensign about to vote. magna cum laude, as well as his law de- Murray The PRESIDING OFFICER. Without Bingaman Enzi Nelson (NE) gree, from the University of Utah— Bond Feingold objection, it is so ordered. Nickles which, in my view, is a reliable and Boxer Feinstein Pryor Breaux Fitzgerald Mr. KYL. Mr. President, I advise my Reed persuasive indication of his excellent Brownback Frist colleagues that the person we are Reid Bunning Graham (SC) judgment. Roberts about to vote on is one of the smartest Burns Grassley Upon graduation from law school, Rockefeller candidates for Federal district court Byrd Gregg Mr. Campbell clerked for Ninth Circuit Santorum that I have ever seen nominated by a Campbell Hagel Sarbanes President of either party. His name is Judge Clifford Wallace, and for then Cantwell Harkin Associate Justice William Rehnquist Carper Hatch Schumer David Campbell. He is nominated to be Sessions on the United States Supreme Court. Chafee Hollings a U.S. District Judge for the District of Chambliss Hutchison Shelby Arizona. He joined the Phoenix law firm of Clinton Inouye Smith Snowe He has a distinguished record in the Meyer, Hendricks, Victor, Osborn & Cochran Jeffords Maledon in 1982 and became a partner Coleman Johnson Specter State of Arizona, primarily with the Collins Kennedy Stabenow Phoenix law firm of Osborn and there in 1986. Since 1995, Mr. Campbell Conrad Kohl Stevens Maledon. He was a graduate of the Uni- has been a partner at its successor Cornyn Kyl Sununu Talent versity of Utah Law School in 1979, firm, Osborn Maledon, where he prac- Corzine Landrieu tices in the area of general civil litiga- Craig Lautenberg Thomas where he was a note editor on the Law Crapo Leahy Voinovich Review and was awarded the Order of tion. The American Bar Association be- Daschle Levin Warner Coif. stowed on Mr. Campbell its highest rat- Dayton Lincoln Wyden He clerked for both Judge Clifford ing of unanimously well qualified in NOT VOTING—8 recognition of his outstanding legal Wallace for the U.S. Court of Appeals Biden Inhofe Miller for the Ninth Circuit and for U.S. Su- skills and reputation. Edwards Kerry Nelson (FL) preme Court Justice William In addition to his distinguished legal Graham (FL) Lieberman Rehnquist. career, Mr. Campbell has been a great The nomination was confirmed. He has practiced primarily in the asset to his community and has do- The PRESIDING OFFICER (Mr. SES- civil area but has a broad experience, nated many hours of pro bono service SIONS). Under the previous order, the including a lot of work with the Ari- and volunteer time to help individuals President shall be immediately noti- zona State Bar Association’s Com- and families in need in his community. fied of the Senate’s action. mittee on Rules of Professional Re- His volunteer service has included f sponsibility, and he has been cobar building homes for the homeless in counsel in a majority bar disciplinary Mexico, providing Christmas supplies LEGISLATIVE SESSION to crises nurseries, and providing back case. The PRESIDING OFFICER. The Sen- to school clothing for disadvantaged In addition to his work in the law ate will now return to legislative ses- children. He was also named Professor practice, he has taught as adjunct pro- sion. of the Year in 1991 by the J. Rueben fessor of law at the Arizona State Uni- The Senator from Wyoming is recog- Clark Law School at Brigham Young versity Law School and was a visiting nized. professor at the J. Reuben Clark Law University for his service as a visiting School at Brigham Young University civil procedure professor. f where he was named Professor of the I am confident that David Campbell MORNING BUSINESS Year. will be a model jurist, and I urge my He has published articles and has had colleagues to join me in supporting his Mr. ENZI. Mr. President, I ask unani- a distinguished career as a lawyer in confirmation. mous consent that the Senate begin a the State of Arizona. The PRESIDING OFFICER. The period of morning business until 12:30 I think the Senate will be proud to question is, Will the Senate advise and p.m. have confirmed him to the Federal consent to the nomination of David G. The PRESIDING OFFICER. Without bench. He epitomizes what we are look- Campbell, of Arizona, to be United objection, it is so ordered. ing for in judicial temperament, intel- States District Judge for the District f ligence and integrity, and I think the of Arizona? State of Arizona and the U.S. bench The yeas and nays have been ordered PATIENTS FIRST ACT generally will be the better as a result and the clerk will call the roll. Mr. ENZI. Mr. President, throughout of our confirmation of David Campbell. The legislative clerk called the roll. the West, and all over the country,

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9011 more and more physicians are closing would have a shortage of health care its on pain and suffering awards. By up shop and moving their practices out providers even if our medical liability moving, he will reduce his premiums of State because they can no longer af- system worked perfectly, but the costs by $43,000 a year. ford their medical liability insurance of medical litigation and of medical li- The threat of lawsuits is enough by premiums in States that don’t have ability insurance are taking matters itself to raise insurance premiums in a some kind of a control over the amount from bad to worse for the people of my State such as Wyoming. Plus, with so that can be awarded. State. few doctors purchasing insurance in Whenever I go home for a town meet- In fact, a study released yesterday by the pool, one major payout, whether ing or when I visit with constituents, I the Agency for Health Care Research the doctor was at fault or not, can real- hear story after story about people who and Quality found that States that ly send premiums for every doctor are facing the loss of the sole option limit pain and suffering awards in med- right through the roof. As a result, for health care in their towns because ical lawsuits have more physicians per many doctors in Wyoming are moving of the skyrocketing premiums their capita than States such as Wyoming to States with larger risk pools and doctors must pay. that have no such limits. fairer liability laws, just as their col- One constituent told me about her Here are some other examples of the league from Riverton is doing. family physician in Newcastle, WY. impact this crisis is having on Wyo- People who are truly injured by er- She had to close her doors because the mingites: rors made by health care providers cost of insurance premiums made it Two physicians who practice internal ought to be compensated fairly for impossible for her to provide obstet- medicine in my hometown of Gillette their losses. However, the medical jus- rical services to the pregnant women of have been notified that their medical tice system today does not achieve this the town. She said: Telling a pregnant liability insurance will be canceled as objective. If fair compensation is the woman I won’t be there to deliver her of July 31—not increased, canceled. If standard, our medical justice system baby was one of the hardest things I they are unable to find insurance cov- falls woefully short of the mark. Most had to do as a family physician. erage to replace their canceled policy people who are injured as a result of She then joined two other doctors in in 2 weeks, they will be forced to close health care errors do not receive any Newcastle to announce as of July 1 their practice in a town that is already compensation. However, some who are they would be unable to deliver babies experiencing a shortage of primary injured receive multimillion-dollar because of a more than 50-percent in- care doctors. judgments as compensation for a bad crease in their liability insurance pre- Another doctor in Casper, WY, was outcome often without regard for miums. That means pregnant women in barely able to find insurance coverage whether the physician or hospital was the Newcastle area will now drive 30 to for this year. The doctor delivers more even negligent. 90 miles when it comes time to deliver than 350 babies each year. Nearly half The unpredictability of our medical their babies. This is a problem for the of the mothers are covered by Med- justice system really does not serve pa- people of Newcastle, but it is one that icaid. He also performs nearly one-half tients or providers well. The only peo- also faces the people who live in a lot of the gynecological surgeries in the ple who come out ahead are the per- of towns throughout my State of Wyo- Casper area. The only insurance he was sonal injury lawyers who happen to ming and many other States. able to find cost him $140,000 per year find the right case. When it becomes Take Jackson, WY, for instance. A with an additional $69,000 to purchase impossible for insurance companies to surgeon there paid $16,000 for liability ‘‘tail’’ coverage in case he is sued for predict their losses with any certainty, insurance in his first year in practice. something that happened before his premiums go up. It is a fact of the busi- He is now facing an increase in his new insurance took effect. ness, and it is no different for property rates that will place his premium at In Wyoming, a physician who deliv- insurers or life insurers than it is for $164,000. That is a jump of $148,000 in 1 ers a baby can be sued any time until medical liability insurers. year. Emergency room and trauma doc- the child’s eighth birthday. So this Yes, people are hurt by health care tors are facing similar jumps in the ‘‘tail’’ is quite long, which means the errors, but skyrocketing medical li- cost of liability insurance. An emer- premium could be quite high. In addi- ability premiums are hurting people, gency room doctor in Rawlins, WY, tion, this coverage is a short-term pol- too. They are hurting physicians and nearly closed his practice after his in- icy only good for 1 year, and he expects hospitals in my home State by forcing surance company announced it would his cost of insurance will increase sub- them to curtail services or, in the case no longer provide coverage for emer- stantially again next year. Without his of doctors, to leave their practices en- gency room services. Fortunately, his service, many pregnant mothers will tirely. Those doctors who continue to hospital was able to find him coverage find it difficult to obtain important practice now look at each patient as a at the last minute, but this is merely a prenatal care, especially expectant potential lawsuit. So they order more temporary solution to a critical prob- mothers in low-income families. tests, whether or not the patient needs lem. Earlier this year, a doctor in the tests. They spend less time dis- Recruiting physicians to practice in Wheatland, WY, went to a high school cussing a course of treatment with the rural States such as Wyoming is a dif- basketball game between the patient so they can spend more time ficult job. The high cost of medical li- Wheatland Bulldogs and the nearby writing a report after the appointment ability premiums is making it nearly Douglas Bearcats. At the game, he an- to justify the treatment decision in impossible. These examples highlight nounced he would not be delivering any case they get sued. the problem we are facing. This prob- more babies in Wheatland or Douglas Ordering more tests and writing lem is not just about lawsuits and in- and may be leaving the State because more reports costs an already over- surance rates, it is about people who of the cost of liability insurance. The worked doctor time with his or her cannot get the medical attention they irony is that he had delivered just family and time to catch up on his or need. It is about communities without about every player on both teams. This her sleep. Doctors should not have to doctors to serve them. It is about a was not somebody new in practice. make choices between what is right for health care system in crisis. We also have doctors who are being their patients and what is right for The cost of medical liability insur- forced to leave Wyoming to find relief themselves, but our medical litigation ance and the role of medical litigation from the financial burden of liability system does not offer them a real alter- raise very complex issues, but the focus insurance. One doctor from Riverton, native. is not and should not be on doctors or WY, grew up there, married a native of Most importantly, the medical liabil- trial lawyers or insurance companies Wyoming, and returned to Riverton to ity crisis in my State is hurting inno- fighting among themselves. Our focus raise his family and practice medicine cent citizens who are losing their should be on patients and on ensuring in the State he loves. But between pay- trusted hometown doctors to other accessible and affordable health care ing off student loans from medical States that have reformed their med- for all Americans. In Wyoming, ensur- school and paying expensive premiums ical justice systems. ing access to affordable health care is a on liability insurance, he is being What do we know about our overall persistent challenge. We probably forced to move to a State that has lim- system of medical justice in America

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9012 CONGRESSIONAL RECORD — SENATE July 8, 2003 today? We know compensation to pa- speech by the Senator from California. In my State of Arizona, health care tients injured by medical errors is nei- Is that true? providers have experienced dramatic ther prompt nor fair. We also know The PRESIDING OFFICER. That is increases in their insurance rates. Be- verdicts with huge awards that do not correct. tween 2001 and 2002, two hospitals in match the severity of injuries or the Mr. REID. I ask unanimous consent Phoenix saw a threefold increase in conduct of the defendants destabilize that following the statement of the their malpractice premiums, paying the insurance markets. This sends pre- Senator from California, Senator COR- more than $1.7 million. Meanwhile, in miums skyrocketing, which forces NYN be recognized for 30 minutes, fol- Winslow, AZ, the hospital premiums many physicians to curtail, move, or lowed by Senator HOLLINGS for 30 min- have more than doubled, to $1.8 mil- drop their practices. This leaves pa- utes, and following Senator HOLLINGS, I lion. tients without access to necessary ask that Senator VOINOVICH be recog- Some of you know the town of Wins- medical care. nized for up to 30 minutes, and then he low, AR, from a famous song by the Ea- Finally, we know litigation does would be followed by a Democrat. gles. It is a town with great history nothing to improve quality or safety. The PRESIDING OFFICER. Is there and rich in tradition in Arizona but it In fact, the constant threat of litiga- objection? is not very big. It doesn’t have the pation drives the inefficient and costly Without objection, it is so ordered. tient base to support a hospital that practice of defensive medicine and also The Senator from Arizona. has to pay almost $2 million a year in discourages the exchange of informa- Mr. KYL. Mr. President, I am pleased medical malpractice premiums. It is tion about preventable health care er- to address one of the most important not just in my State of Arizona. Meth- rors that we could use to improve the issues I think we are going to be talk- odist Hospital in south Philadelphia re- quality and safety of patient care. ing about all year. I hope our col- cently closed its maternity ward and The current medical liability crisis leagues will permit us to conclude our prenatal program because of its med- and the shortcomings of our medical debate with a vote so we can actually ical liability insurance rates. Green- litigation system make it clear that adopt some legislation to deal with wood Hospital in Mississippi was un- this is the time for a major change. We this crisis of lawsuit abuse in the able to keep its level II trauma center need a medical justice system that pro- United States. Some call it medical rating because the neurosurgeons in motes accountability and fairness in- malpractice reform. Whatever you call the area had left citing the high cost of liability insurance. stead of discouraging them. it, we have to deal with it. I spoke with a woman whose husband Regardless of how we vote on this Unfortunately, what we have heard is had been very seriously injured in an legislation before us, we all ought to that some of our colleagues are going automobile accident in Mississippi. She start working toward replacing the to prevent us from having a vote on the told the story of how—because of the current medical tort liability scheme bill that is before us, S. 11. It is a bill that addresses one of the most funda- lack of physicians and because of the with a more reliable and predictable high cost of premiums—her husband system of medical justice. We need a mental problems we have, and that is access to available quality medical has suffered so terribly as a result of system that restores rationality to the that accident and the inability to get way in which we compensate the in- care by a lot of people in our society today. We need to reform this flawed quick medical attention. jured and learn from mistakes. We need Back to my home State of Arizona, medical malpractice system which is a system that restores the trust that the Copper Queen Community Hospital prohibiting people from getting the patients and providers used to have in in Bisbee, AZ, was recently forced to quality medical care they need and de- each other. It is incumbent upon all of close its maternity ward because the serve. us to strive for such a system so that family practitioners in that commu- We debated just before the Fourth of we may raise the overall standard of nity were looking at a 500-percent pre- July recess Medicare reform to provide health care in this country. mium increase. Expectant mothers now prescription drug benefits to all of our The legislation we are considering must travel more than 60 miles to the senior citizens. We took a lot of time today is an important step in the short closest hospital, which is either in Si- talking about why our senior citizens term toward making the medical jus- erra Vista or in Tucson. According to needed access to care and how we were tice system work better for everyone, the recent news accounts, four women going to improve that access. But all of not just a fortunate handful of personal have since had to deliver babies en that will go for naught, it will do no injury lawyers. I urge my colleagues to route. join me and vote for this bill. good, if there are no hospitals and To cite the news accounts, Time I ask unanimous consent that at 2:15, there are no pharmacists, if there are magazine has a June 9 cover story Senator KYL be recognized to speak for no physicians and other health care about the doctor being out and why so up to 15 minutes to be followed by Sen- providers—or an insufficient number of many patients are losing doctors to the ator FEINSTEIN for up to 25 minutes. those providers—to help those people rising cost of malpractice. The PRESIDING OFFICER. Without in need, whether they be senior citizens This is now truly a national event. objection, it is so ordered. or others, because of the high cost of In the Time magazine piece dealing f malpractice premiums and therefore with this question of physicians having the inability of these providers to con- to leave the practice, there is a par- RECESS tinue to serve the people in their com- ticularly interesting story about a The PRESIDING OFFICER. Under munities. woman in Arizona whose name is the previous order, the hour of 12:30 Last year, the American Medical As- Vanessa Valdez. The title of the story having arrived, the Senate will stand sociation released a study on this law- is ‘‘Taking the Highway to Have a in recess until the hour of 2:15. suit abuse problem. It concluded that Baby.’’ The story points out that Thereupon, the Senate, at 12:32 p.m., 12 States were having a full-blown cri- Vanessa has to drive about 50 miles to recessed until 2:15 p.m. and reassem- sis and that 30 States were seeing seri- see her OB/GYN and to have a baby. bled when called to order by the Pre- ous problems in terms of the ability of She lives in the town of Douglas, which siding Officer (Mr. VOINOVICH.) physicians and hospitals to stay in is on the Arizona-Mexico border. But f practice to take care of their patients. there is no obstetrician within an Today, just a year later, that study hour’s drive to deliver her child. There PATIENTS FIRST ACT OF 2003— has been updated and the AMA has now were six family practitioners in that Motion to Proceed—Resumed concluded that 19 States are having a community but they couldn’t afford The PRESIDING OFFICER. The Sen- full-blown crisis in dealing with the the soaring malpractice premiums. As ator from Arizona is recognized. medical malpractice insurance rates a result, the hospital was forced to Mr. REID. Mr. President, if the Sen- just for physicians. Let me give some close its delivery room, and suddenly ator will yield just for a brief second, it examples of how this is affecting dif- rural Cochise County has but one deliv- is my understanding the Senator from ferent communities around the country ery room for the 118,000 residents. That Arizona has authority to speak up to 15 so you can see it is truly a nationwide is in Sierra Vista, 50 miles from minutes, followed by a 25-minute problem. Valdez’s home of Douglas.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9013 This is beautiful country. It is a That is one of the issues with which differences, all have a chance to vote great place to live. But it is no place to this legislation deals. on that, and then hopefully have a bill live if you are going to get sick or you The Congressional Budget Office de- we can send to the President. know you are going to have a baby be- termined that the House bill, which If we are never able to have a vote on cause you have an hour’s drive to get passed and which was pretty similar to this, it is not just the doctors, hos- to a doctor. That is not right. It is not S. 11, would reduce direct Federal pitals, and other providers that are as if this is out in the middle of no- spending for Medicare, Medicaid, and going to suffer; it is the American peo- where and you chose to live there with other Federal health programs by al- ple because they will not have access all of the attendant risks involved. No. most $15 billion over the next 10 years. to the quality of medical care which There are a lot of communities in this Since the Federal Government is a they need and deserve. I hope we can- area but none of them had physicians payer for many of the medical services, not only debate this legislation but able to continue to practice because of particularly for our seniors who are in- also permit it to come to a vote so we the medical malpractice premiums digent, it is a saving to the Federal can address this serious crisis in Amer- they had to pay. Government as well for this lawsuit ica today. One other example: Nevada was very abuse to be addressed. Because employ- The PRESIDING OFFICER. The Sen- much in the news last year because of ers will pay less for health insurance ator from California is recognized. the crisis in that State. Nevada’s top for their employees and more of the level trauma center was recently employees’ compensation will be in the Mrs. FEINSTEIN. Mr. President, I closed for 10 days after 58 orthopedic form of taxable wages and other fringe wanted to use 12 minutes of the Sen- specialists in Las Vegas temporarily benefits, including, of course, money ate’s time to discuss my reaction to quit because of the skyrocketing insur- that could be plowed back into greater this bill and my general thinking about ance costs. Also, a lot of the physicians health care for the employees, the Con- the subject of medical malpractice in- delivering babies and performing high- gressional Budget Office estimated surance premiums. risk surgeries have indicated that they that enacting this legislation would in- I think it is pretty clear that medi- won’t be able to continue to practice crease Federal revenues by about $3 cine is at a crossroads. I think it is without some kind of relief. billion over the next 10 years as em- pretty clear that something has to be Ultimately, this destructive lawsuit ployees receive higher wages. done. My own State of California was abuse hurts the patients. Yes. The doc- Just a note about the legislation at the crossroads 28 years ago. A bill tors can’t make it, so they leave. But itself, there are a lot of different ways was passed through the legislature ultimately it is the patients who are you can do this. I had actually cospon- called the Medical Injury Compensa- the ones who suffer. sored a bill somewhat different than tion Reform Act, known as MICRA. Therefore, we are trying to deal with this. But the basic idea is the same, MICRA had a rough road initially. It that through legislation that will even though we might want to change had a number of court challenges. Fi- make it a little bit more difficult for specific provisions of this legislation. nally, it was sustained by the Cali- this kind of lawsuit abuse to occur so It basically sets sensible limits on the fornia Supreme Court. that the insurance companies won’t noneconomic damages that can be ob- What we saw—I will go into this in have to charge quite as high a rate, so tained in these lawsuits. The non- more detail later on—was that pre- the physicians and hospitals can stay economic damages are those damages mium costs began to settle down. In in business, and so the people of the that go above and beyond the bills that fact, I think it is fair to say that the communities can continue to be served. have to be paid. When you get sick and California medical profession is very Also, the threat of lawsuit abuse the physician allegedly committed pleased with the MICRA bill as it often forces doctors to perform a lot malpractice, you had to go to another stands today. more in the way of tests and surgeries doctor to get the problem resolved. The problem I have—and I am prob- and other kinds of treatments than Those are economic damages as you ably one of the few on my side of the they otherwise would do simply to pro- lost wages, and any other expenses that aisle who is not opposed to the issue of tect themselves from a claim that they you have. And those economic losses caps because I think in this situation weren’t doing enough for the patients— are fully compensated. But above and they are helpful, but my problem is sometimes expensive tests, sometimes beyond that, you are entitled and ju- with the bill that is before us today be- invasive procedures. ries will award substantial damages for cause that bill is nearly identical to All of this is called defensive medi- noneconomic losses, mostly called pain the bill passed out of the House and, cine—trying to do everything they can and suffering because of what you had frankly speaking, it is not one that I to make sure some smart lawyer out to go through. Certainly people recover can support. there doesn’t try to pick at what they something for their pain and suffering. did and find some kind of fault with it This bill before us sets a $250,000 cap The question is how much. for noneconomic damages in medical and find a client who is willing and In order to avoid lawsuit abuse, some malpractice suits. Now, this can be ap- able to hire a lawyer to bring a lawsuit States—for example, the State of Cali- plied not only to suits against doctors against the doctor. fornia has put a $250,000 limit on those but to suits against HMOs, nursing That is another effect of this lawsuit noneconomic damages. That is pre- homes, and medical product manufac- abuse. Another is the fact that a lot of cisely what this legislation does as turers. It is a very broad provision. times doctors are no longer willing to well. However, states with higher caps This cap would even apply for extraor- perform risky procedures that may be can keep those under this legislation dinary cases. I will give you one: A necessary to really help somebody or too. It also reserves punitive damages youngster, Jessica Santillan, a 17-year- even save somebody’s life. Obviously, for cases that justify it. Part of lawsuit old who died after doctors mistakenly the more serious the condition, fre- abuse is very large punitive damage transplanted the wrong kidneys into quently the more risky the procedure. awards which have nothing whatsoever her body. You want to be served by a physician to do with either the economic or non- who is willing to go to the mat for you economic losses but nevertheless help So under this bill, suits against drug in that case. But if the physician is to enrich the lawyers. and device manufacturers also, such as looking at a big medical liability suit, There are some other features of the the makers of the weight loss drug if the result doesn’t happen to work legislation as well. But the point I Phen-Fen, the Dalkon shield contra- out right, then that physician is going wanted to make is whatever the spe- ceptive device, faulty heart valves, and to be less likely to try to treat you. cifics of the legislation, we need to act. other products that have caused inno- All of this results in an inferior qual- I hope our colleagues will permit us cent deaths, would be limited to ity of medical care for American citi- to conclude the debate and have a vote $250,000 in noneconomic damages. I find zens, which is wrong. It is not at all un- on this legislation so we can get to- that unacceptable. common for these lawsuits to be gether with the House of Representa- Secondly, this legislation would se- brought and the lawyers to get over tives, which also passed a bill, have a verely limit the availability of puni- half the settlement. That is wrong. conference committee work out any tive damages not only for doctors but

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9014 CONGRESSIONAL RECORD — SENATE July 8, 2003 also for manufacturers. In general, pu- is a very dangerous signal. There were ments. It would allow defendants to in- nitive damages are capped at the great- 14 companies underwriting liability in troduce evidence at trial to show that er of $250,000 or twice economic dam- Mississippi; today, there is but one claimants have already been com- ages in this bill. But the bill also wipes willing to write new policies. Texas had pensated for their injuries through out any punitive damages in several 17 insurance carriers; today it has 4. workers compensation benefits, dis- different types of lawsuits against med- In California, we have nonprofits ability benefits, health insurance, or ical product manufacturers. It would handling the insurance for California’s other payments—that is only fair—and immunize the manufacturer or seller of doctors, and that is one reason the sys- it would permit the recovery of unlim- drugs from punitive damages for any tem works. ited economic damages. packaging or labeling defect on their I have spent a number of months tak- My proposal would differ from Cali- product. So, presumably, if a drug ing a good look at the California law to fornia’s law in two key areas: One, non- package label had mistakenly directed see what could be transferred to the economic damages and, two, punitive a patient to take 10 pills a day instead national level. And I want to say, here damages. The California MICRA law of 1 pill a day, a patient could not sue and now, this Senator would support has a $250,000 cap on noneconomic dam- for punitive damages, regardless of the reasonable caps on noneconomic damages. In contrast, I would propose a harm caused or the basis of the mis- ages because I deeply believe they can $500,000 general cap on noneconomic taken direction. lead to more stable premium rates. damages. Today 15 States have caps of It would also limit the availability of At the time MICRA was enacted in $500,000 or less for noneconomic dam- punitive damages against any manu- 1975, the cost of health insurance in ages. Twelve States have a cap of facturer or distributor of medical prod- California was higher than any other $500,000 or less on noneconomic dam- ucts if the product complied with FDA market except New York City. In the 6 ages, and that includes Alaska, Flor- regulations. Let me give you an exam- years before 1975, the number of mal- ida, Louisiana, Massachusetts, Michi- ple: a product such as the Bjork-Shiley practice suits filed per 100 physicians gan, Mississippi, Nevada, Oregon, artificial heart valve. It originally re- in California more than doubled. Texas, Hawaii, North Dakota, and ceived FDA approval, but these valves MICRA has kept costs down. In 1975, South Dakota. Three States have caps broke in an estimated 619 patients and California’s doctors paid 20 percent of of $250,000-or-less and they include led to hundreds of deaths. Under this the gross costs of all malpractice insur- Montana, New Hampshire, and Cali- bill, they would be immune from any ance premiums in the country. Today, fornia. Thus, 15 States already have punitive damage case. I think that is they pay 11 percent of the Nation’s caps of $500,000 or lower. wrong. total malpractice insurance premiums. In catastrophic cases, where a victim This FDA exemption, in a sense, sets Clearly, costs have dropped in compari- of malpractice was subject to severe a downward and unacceptable course. If son with other States. disfigurement, severe disability, or a company has an FDA-approved prod- All over the United States, premiums death—in other words, a catastrophic uct on the market and then learns of a have grown 505 percent in the past 25 exemption—the cap would be the great- dangerous complication presented by years. California’s premiums have er of $2 million or 50,000 times the num- that product or a failure of that prod- grown 167 percent. In other words, pre- ber of years of the life expectancy of uct, it should have the incentive to re- miums have grown three times slower the victim. This really takes into con- move that product from the market- in California than in other States. sideration terrible morbidity done to a place as soon as possible. I think to That alone shows that MICRA is work- young child whose life span might be 50 provide an exemption if the product ing, regardless of what anyone might or 60 years more. Clearly, a cap of has FDA approval creates a disincen- say. $250,000 or $500,000 is really not fair to tive to the rapid removal of that prod- Also, because of MICRA, patients get that youngster. Therefore, the cata- uct from the shelf. their money 23 percent faster than in strophic exemption we would propose So while I cannot support this pro- States without caps on noneconomic would provide the greater of $2 million posal, there are, however, proposals damages. Bottom line: California’s or 50,000 times the number of years of which I could support because I do be- malpractice premiums today are one- life expectancy of the victim. lieve that rising premiums are creating third to one-half lower, on average, In addition, we would propose a less a crisis all across this country in terms than those in Florida or New York. onerous punitive damages standard of access to care. Others have placed Because the California law has prov- than California law. California law is before this body a number of situa- en successful at keeping premiums very strict today with respect to a tions. Let me just repeat a few. down—and I know there are those who plaintiff’s ability to prove punitives Obstetricians and gynecologists in do not want to believe it; they will say under the very high standard of fraud, Florida pay over $200,000 a year for it is some other reason; but I believe it oppression, or malice. In other words, malpractice insurance as opposed to has—I used the law as a departure if you can’t prove fraud, oppression, or $57,000 a year in California. And there point for crafting a proposal which I malice, you can’t prove punitive dam- is no more high-cost State than Cali- believe is both just and fair and which ages. If a doctor is in the middle of sur- fornia. So OB/GYN premiums in Flor- I believe should stabilize and, over gery and walks out to go to his bank to ida, $200,000; in California, because of time, reduce premium costs. make a deposit while the patient is MICRA, $57,000; surgeons in Michigan I very much appreciate the efforts of under a general anesthetic, in my view, pay $110,000 for malpractice insurance. Senator FRIST and Senator MCCONNELL that doctor should have punitive dam- Twenty percent of the OBs and GYNs in working with me to explore this op- ages brought against him because that in West Virginia and Georgia have been tion. I am not going to offer it on the clearly is not accepted medical proce- forced out of their practice due to ris- floor today for one reason: Unfortu- dure. ing premiums. nately, it would not have the necessary California’s law is much stricter. You Nine hundred doctors in Pennsyl- votes. have to prove fraud, oppression, or vania have left the State since 2001 to Specifically, my proposal would do malice. Under this law, I am not aware avoid annual premiums as high as the following: It would create a sched- of a single case where a plaintiff has $200,000. The Methodist Hospital in ule for attorney’s fees. It would create obtained punitive damages in Cali- Philadelphia discontinued its prenatal a strict statute of limitations, requir- fornia over the past 10 years. So at program for low-income women being that medical negligence claims be least in my view, for situations such as cause of high premium costs. brought within 1 year from the dis- the one I just indicated, the California The neurosurgeons of Wheeling, WV, covery of an injury or within 3 years of law is too strict in this regard. have left the area, and local trauma pa- the injury’s occurrence. It would re- Instead we would offer a four-part tients requiring neurosurgery need to quire a claimant to give a defendant 90 test where a plaintiff would have to be airlifted out of the State. days’ notice of his or her intent to file show by clear and convincing evi- Not only are insurance premiums a lawsuit before a claim could actually dence—and this was put together based skyrocketing in some States, but in- be filed. It would allow defendants to on measures that have passed this Sen- surers are leaving the market, and that pay damage awards in periodic install- ate in the not too distant past—that

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9015 the defendant, one, intended to injure cer and underwent a double mastec- is to protect the freedom of all people the claimant unrelated to the provision tomy. Two days later she was told that to act in their own interests and in the of health care; or two, understood that a mistake was made. She didn’t have interests of their health. I think it is the claimant was substantially certain cancer and the amputation of both her appropriate that we make sure their to suffer unnecessary injury and, in breasts was not necessary. decisions are not made by the Govern- providing or failing to provide health A pathologist had mistakenly ment but by themselves and their fami- care services, the defendant delib- switched her test results with another lies. Patients and doctors, rather than erately failed to avoid such injury; woman who had cancer. Is this Con- lawyers and bureaucrats, should be three, the defendant acted with a congress willing to say there should be a trusted to decide what treatment is scious flagrant disregard of a substan- cap of $250,000 on noneconomic dam- best for themselves and their patients. tial and unjustifiable risk of unneces- ages for this kind of mistake? I think I strongly believe that when people sary injury which the defendant failed not. have good choices in a health care sys- to avoid; or four, the defendant acted A cap on noneconomic damages must tem built upon free market principles, with a conscious flagrant disregard of take into account severe morbidity it ultimately translates into high-qual- acceptable medical practice in such produced by a physician’s mistake, ity care. One of the obstacles, though, circumstances. such as amputating the wrong limb or to achieving access to that high-qual- Clearly, the doctor who walked out of transfusing a patient with the wrong ity care is the current crisis involving a surgery and left a patient under a type of blood. medical liability litigation. general anesthetic would fall under Unfortunately, because of the opposi- Today, America is experiencing a this fourth plank. It certainly is a flation of both the American Medical As- medical liability litigation crisis that grant disregard of acceptable medical sociation and the California Medical is increasing the cost of health care, it practice which would be, you don’t go Association, I am not proposing an is decreasing access to physicians and to your bank in the middle of an oper- amendment at this time. My purpose hospitals for many patients, and it is ation to make a deposit when the pa- was to help physicians and patients, generally lowering the quality of care. tient is under a general anesthetic. and I deeply believe that a $500,000 non- As a matter of fact, we could hardly I firmly believe a variant of this type economic damage cap, coupled with the call our medical liability system a could lead to a compromise in the pro- catastrophic exception I outlined, ‘‘system’’ because it is such a mess. In posal in the Senate. Why didn’t I go would accomplish this, would accom- recent years, average jury awards have ahead with it? Much to my chagrin plish it fairly, and would stabilize pre- more than doubled, from more than and, I think, surprise, both the Amer- miums over the long term. $460,000 in 1996 to more than $1 million I also suggest that State laws, where ican Medical Association and the Cali- in the year 2000. they exist, should prevail. So the Cali- fornia Medical Association rejected In the past year, medical liability in- fornia MICRA law, or any other State this proposal. The AMA contends that surance premiums in many States have law, would prevail regardless of wheth- despite the fact 15 States have caps of increased by more than 20 percent, on er that State law was already enacted $500,000 or less, they believe that a average, and more than 75 percent for or retroactive. certain specialties. That is just in 1 $500,000 cap is too high and it would not So, bottom line, I could not get 60 year. Between 1991 and 2001, the num- stabilize premiums. votes for this proposal with the opposi- The California Medical Association is ber of medical malpractice payments of tion of physicians. So the result may opposed to it for a different reason. Al- $1 million or more that were reported well be an alternative because I don’t though we leave State law in place, to the National Practitioners’ Data- believe the House bill can pass in the whether that State law is retroactively base increased from 298 to 806. The Senate in its present form. passed or prospectively passed, the Let me say this. I have given this bill overall result is sky-high costs for li- CMA felt the State legislature might— a great deal of thought. I really mean ability insurance, increased costs for I say ‘‘might’’—change the $250,000 cap what I say—that I am prepared to sup- those who provide health treatment, to $500,000. So both of these associa- port a reform bill. I am prepared to and costs that have really created a tions have rejected that proposal which support a cap on noneconomic dam- crisis of enormous proportions, one meant I wouldn’t have a chance to get ages. But it has to be a cap that is real- that is threatening the quality of care, the necessary votes on either my side istic in view of today’s time. It cannot diminishing access to care, and explod- of the aisle or pick up a few votes on be a cap that was passed 28 years ago ing the cost of care. According to studies at the Depart- the other side of the aisle. that has an actual value of $40,000 They refused to move from a cap of ment of Health and Human Services, today. So I am hopeful there will be an- $250,000 for noneconomic damages in doctors across the country are closing other time and another place when a even catastrophic cases. To me this is their practices, they are limiting the bill such as the one I have tried to out- wrong because a $250,000 cap in 1975, types of patients they see, or they are line might be found to be acceptable. when the California law set this cap, leaving communities where they have In the interim, I will vote against S. 11. adjusted for inflation was worth long practiced because they cannot af- But, again, I stand ready to participate $839,000 in 2002. So last year a $250,000 ford the rapidly increasing costs of in a solution along the lines I have cap, passed in 1975, would be worth medical liability insurance or, worse mentioned. $839,000, if passed today. If a figure of Mr. President, I yield the floor and I yet, insurance coverage is unavailable $250,000 was adequate in 1975, why suggest the absence of a quorum. altogether. couldn’t a figure of $500,000, which is The PRESIDING OFFICER. The Fear of liability suits—even frivolous lower than the 1975 cap adjusted for in- clerk will call the roll. litigation—also results in the practice flation, be acceptable this year? The assistant legislative clerk proof defensive medicine. Now if a victim receives $250,000 ceeded to call the roll. A recent survey, for example, con- today, this is equal to $40,000 in 1975. So Mr. CORNYN. Mr. President, I ask ducted by an organization known as when California led the Nation by pass- unanimous consent that the order for Common Good, revealed some dis- ing the Medical Injury Compensation the quorum call be rescinded. turbing trends: 79 percent of physicians Reform Act and setting a cap for non- The PRESIDING OFFICER (Mr. admit that the fear of litigation has economic damages of $250,000 in 1975, CRAPO). Without objection, it is so or- caused them to order more tests than everybody should know that that is dered. they thought medically necessary, and worth $40,000 today. In my book, that is Mr. CORNYN. Mr. President, I wish 74 percent refer more patients to spe- unacceptable. to say a few words about the issue of cialists than their best medical judg- There are many specific instances of medical liability reform, a matter that ment would otherwise dictate. Half why it is unacceptable. Let me share cries out for a remedy from the Con- have recommended invasive procedures one case. That is Linda McDougal. She gress because of its sheer scope and they do not consider on a medical basis is 46. She is a Navy veteran. She is an size. to be necessary, but they have done it accountant, a mother. She was diag- When it comes to health care, I be- in an effort to protect themselves nosed with an aggressive form of can- lieve the proper role of the Government against the second-guessing that goes

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9016 CONGRESSIONAL RECORD — SENATE July 8, 2003 along with the medical liability re- We all want to prevent disease and malpractice cases at $250,000. It will gime. injury. When patients get sick, we all eliminate joint and several liability; in Defensive medicine increases risks want to prevent medical errors, and other words, the person at fault will for patients and it raises health care when errors do happen, we can all pay for their percentage or their share costs by as much as $126 billion per agree that a patient should be com- of fault and no more. It will create a year. This is a crisis not just for the pensated fairly. But if you can find uniform statute of limitations; in other Nation’s physicians, it is a danger to some goal hidden somewhere within words, a period of time in which a law- America’s patients—in other words, the current dysfunctional medical li- suit can be filed and pursued in court every single one of us. ability system, that goal would not be in a way that will preserve both the For example, pregnant women in Ne- either the prevention of errors or the rights of the patient, as well as make vada, Mississippi, West Virginia, and fair compensation for injury. Very sure that so much time does not pass Florida must drive hours just to find clearly, the current medical liability that memories dim, records are dean obstetrician who can care for them, crisis operates for the benefit of a few stroyed, and the facts are difficult to and many still cannot get the essential at the expense of the many. discern. prenatal care they desperately need. Personal injury trial lawyers should It will reform the collateral source The only level 1 trauma center in Las not be able to drive good doctors out of rule, another arcane rule of our legal Vegas had to close temporarily last medicine or to reduce patients’ access system that says that even if someone year because its surgeons could not af- to health care. This system undermines has already been paid from one source ford medical liability insurance. Some the ability of physicians to treat their they can still keep that information physicians’ annual premiums had in- patients without fear, and it destroys from the jury and seek to be paid yet creased from $40,000 to $200,000 in just a the trust and the important relation- again for the same loss. year. ship between patients and their physi- Finally, it will create reasonable lim- In many States, physicians are retir- cians, and it truly abandons the Amer- its and court approval of attorney con- ing or moving their practices because ican patient—that is, every one of us— tingency fee awards. In many places, they either cannot afford the liability when we need the help the most. the amount of money that a lawyer insurance or simply cannot buy the li- I am proud to say that in my home will receive, and others will receive, in ability insurance they need in order to State of Texas, the State government terms of costs of expert witnesses and protect what they have worked a life- has stepped up in the legislative ses- the like routinely exceeds the amount time to achieve. sion just ended and passed some needed In Mississippi, physicians are actu- of money that an injured patient will reforms in this and other areas. This ally moving across the river to Lou- receive, somewhere on the order of out year, despite overwhelming pressures isiana to serve the same patients they of every dollar that is awarded by a from special interest groups, the State would serve in Mississippi because they jury the injured patient only gets 40 can no longer afford to practice in that passed historic liability reform which cents. It is the lawyer and the bureauc- State, and most cities in the State of makes it possible for doctors to prac- racy in our litigation system that ab- Mississippi with populations under tice in Texas without fear of unwar- sorb the rest. 20,000 no longer have any physician ranted and frivolous lawsuits. The law If this were truly about what is best who will even deliver a baby. puts caps on punitive damages while for the patients, we would see reform. There are many more examples from allowing for patients who are truly We would see it in the Senate. Unfortu- my State, the State of Texas. The city hurt to be fairly compensated. Judg- nately, this is about the 60 cents on the of Austin, for example, is suffering ments will be based on the amount of dollar that goes to people, other than from a shortage of neurosurgeons involvement in the act caused in the the patient, who are obstructing true caused by retirements and relocation suit without consideration of who has reform. to avoid liability coverage costs, a the deepest pocket. This legislation is a comprehensive shortage so heavy that some patients I must add, though, that even in my reform and is modeled after the highly have to travel more than 65 miles away State of Texas, there will be a vote of successful MICRA law in California, to find treatment. the people on whether the Texas Con- one that has been very successful both In 100 of the 254 counties in the State stitution will be amended to provide a in making sure injured patients are of Texas, there is no obstetrician; in means to achieve this historic reform fairly compensated while at the same other words, there is no medically and much needed reform, and that vote time holding down the escalating costs trained specialist who will deliver a remains to be given and taken. Yet of medical liability insurance in a way baby in 152 Texas counties. After 44 there is still little recourse for patients that allows most physicians to practice years, Spring Branch Medical Center in States without meaningful reform, their chosen profession and which pro- near Houston has stopped delivering and this is truly a nationwide crisis vides better access to good quality babies altogether due to the soaring and not one that should be addressed health care. malpractice insurance costs and the by individual States, given the sheer This act will help protect our critical shrinking pool of physicians that will magnitude of the crisis, its geographic care hospitals and provide needed relief actually deliver babies. expanse and, frankly, the amount of for nursing homes and medical special- According to the Texas Medical Asso- Federal taxpayers’ dollars to go in to ists. The cost of health care will be re- ciation’s physician survey last year, paying for the current dysfunctional duced as the need for high premiums more than half of all Texas physicians, system. for liability insurance will become a including those in the prime of their Our health care system is still bur- thing of the past. professional career, are considering dened with frivolous lawsuits and out- We must remember that this crisis is early retirement because of the State’s rageous jury awards. According to a not, in the end, about what is best for medical liability insurance crisis, and Health and Human Services study, pre- doctors, hospitals, insurance compa- earlier this year the Fort Worth Star- miums in States without meaningful nies, or personal injury trial lawyers. Telegram reported about one story liability reform went up 39 percent in What this bill is about is what is best that illustrates the way this problem the year 2001 and an additional 51 per- for patients—in other words, what is affects patients who need care the cent in 2002. An out-of-control system best for the American people. most. The story said: in one State can have an effect on mal- This crisis is threatening the quality Last summer, a pregnant woman showed practice premiums in other States, of care, jeopardizing access to care, and up at Dr. Lloyd Van Winkle’s Castroville of- even those States that have made some escalating the costs of care. In my own fice in south Texas, less than 10 minutes incremental step toward reform. State, one can travel to the gulf coast from delivery. Her family doctor in Uvalde This is a national problem, and it de- and Corpus Christi where emergency had recently stopped delivering babies, cit- mands a national solution. This legis- room physicians live in fear that they ing malpractice concerns, and the woman was trying to drive 80 miles to her San Anto- lation is comprehensive reform that will be called to answer to a patient in nio doctor and hospital. ‘‘She made it as far will enact several critically needed a hospital emergency room, someone as Castroville and decided she wasn’t going components. For example, it caps non- who they know they have never seen to make it any further,’’ Van Winkle said. economic damages awarded in medical before and will never perhaps see again

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9017 after treating them in the emergency result of medical malpractice. That is tives say: Pass the caps, we are not room, and for a patient visit that they people killed. That is casualties. We going to lower the rates. will likely not get paid or will get paid had 58,000 people killed over 10 years, But the majority leader, the distin- only pennies on a dollar for their usual just about, in Vietnam. guished Senator from Tennessee, is one fee, but yet because of the medical li- Now, the doctors have to get ahold of of the most eminent physicians. And I ability crisis they will put at risk ev- themselves in the State of West Vir- don’t say that just speaking on the erything they have worked a lifetime ginia, for example. There are some 40 floor in a right fashion. He saved the to build and achieve for themselves and doctors, I think it is, who account for life of a good friend of mine with a lung for their family. That is even when some 25 percent, one-fourth, of the 2,300 transplant back in Tennessee. She has they can buy insurance. malpractice claims. been getting along extremely well as a The truth is, the costs of medical li- Incidentally, they are moving down result of the expertise, the touch, the ability insurance have escalated so to South Carolina because I have sensitivity, the bedside manner of Dr. dramatically because of this crisis that talked to some of my doctor friends. FRIST. So there is no question in this many physicians cannot even buy ade- There is no better friend of medicine body that we have a very valued doctor quate amounts of coverage. If they can, than this Senator from South Carolina. friend as a Senator from Tennessee. it is at such a cost that they figure I have worked with them closely over But Tennessee doesn’t have that why bother, why bother to practice, the many years I have been in the Na- problem. Of course, there are no caps and so they simply leave. tional Government, and as their Gov- there. They are below the median in I reiterate that in the end this is not ernor. We have a very disciplined, one premiums, and they do not have dam- about doctors, lawyers, hospitals, or might call it, medical practice in age caps. I am sure the distinguished insurance companies. This is about South Carolina. In fact, they have al- doctor/Senator would long since have who gets access to quality health care, ways told me, and again recently af- asked that his State move in that di- and in many parts of my State, and in firmed, that if we had the average li- rection if that were the problem. many States across the Nation, access censed doctors of some of the other No, the problem is a political one. We to health care is simply not there be- States we would immediately add 1,000 have the doctors in town. It is almost like the computer crowd who came to cause of this crisis. doctors. In other words, it is not easy I believe we should end the liability to practice medicine in the State of town with Y2K, and the sky was going lottery, where select patients and some South Carolina. to fall—we had to immediately pass trial lawyers receive astronomical So we go immediately to the doctors Y2K to make sure at the first of the century the world wouldn’t end. awards, while others pay more—all of disciplining themselves like the law- We have a similar situation now us really—for health care and many yers, and I can get example after exam- where we look for the needs of the cam- ple of us at the bar association dis- suffer access problems because of it. paign rather than the needs of the ciplining the lawyers. Unfortunately, We should pass meaningful medical li- country. We call this bill, right in the the doctors just recently returned now ability reform that includes real and middle of the energy bill, appropria- to that particular practice and they lasting change and bring the lessons of tions bill, and all the other important are beginning to see that they are hav- Texas and other States that have done matters that we have, tort reform, ing to pay for the whole thing. Other- so to the Nation’s Capital and the medical malpractice, because the doc- American people. wise, it is not tort reform; it is insur- tors are in town. I yield the floor. ance reform. I guess instead of $2,000, those doc- The PRESIDING OFFICER. Under The distinguished Senator from tors could give $4,000 to political cam- the previous order, the Senator from Texas mentioned California. I have paigns, so you might call this the $4,000 South Carolina is recognized. heard, and it is true, that California bill we will be voting on tomorrow Mr. HOLLINGS. I thank the distin- has brought down the malpractice in- morning, as to whether or not we guished Presiding Officer. surance rates for the doctors there. should have cloture. I hope we do have My most respected colleague from That was done with caps in the begin- cloture because we ought to nail this Texas said it is not about doctors and ning, but it did not work—in 1975. And buzzard quickly and get rid of it. it is not about insurance companies. I it wasn’t until 1988 that they had Prop- You never hear anybody who has would have to dissent from that view osition 103, to institute insurance re- been represented as a result of medical from the standpoint of my experience form—not tort reform but insurance malpractice complain about the fee. It over some 30 years dealing with this reform, where they had an immediate is always the loser who complains particular problem. rollback of the rates of some 25 per- about a plaintiff’s fee. I never have We started in the early 1970s with my cent, regulation written by the insur- found a plaintiff yet who complained good friend Victor Schwartz. Product ance commission, and anyone who about lawyers’ fees. liability was the style of the day, the wanted to question any rate increase That gets me right into lawyers be- crisis. The Little Leaguers could not had a right before the commission to cause that is the pollster cancer we play anymore at the playgrounds. petition and be heard. have in Government in Washington Football was going to have to be abol- So, yes, there is a way to do it. But today. You get the pollsters—and they ished because they could not buy safe you will see, as I speak here this after- don’t know. I never have found a poll- helmets. They were all being sued be- noon, it is not this tort reform. In fact, ster, incidentally, who ever served in cause of the helmets. We faced down tort reform is being taken care of in government or public office. So they do the situation of so-called product li- the States. They are moving fast. They not know the questions to ask, What ability and tort reform with the help of are already moving in the State of Illi- about lawyers? Shouldn’t we have tort the National Legislative Association, nois, as the distinguished Senator DUR- reform? Of course, the Chamber of the National Governors Association, BIN has been pointing out, with respect Commerce has us behaving like toadies and some others. to that, and other States have not for corporate America, doing every- We went to Y2K. We would go to ter- waited. thing they want because we want their rorism insurance. I resisted, being an The only trouble with the cap is that money in order to run for office. So we old States righter. I have an unusually it has not brought down the rates. The only pay attention to the money needs good insurance commissioner in South cap States—I mentioned Illinois that and the campaign needs and not the Carolina. In fact, we have low rates as has no cap. The rates are up there. But needs of the country. a result of his administration. But four of the first five—Florida, Michi- As far as tort reform is concerned, it from a studied view of this particular gan, Texas, West Virginia—these four is being taken care of at the State situation, the problem is, yes, the doc- of the five top States with the highest level. The big problem, of course, is the tors and, yes, the insurance companies. premiums have caps on damages. losses that have been, not from medical Why do I say that? Well, according to So the proof of the pudding is in the malpractice, incidentally, but from the Secretary of Health and Human eating. We have experienced this with their investments. Services, Mr. THOMPSON, there are caps. I have other examples to show. Let’s say a word about those lawyers 100,000 deaths a year in America as a Time and again, the insurance execu- because, after all, we just had the

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9018 CONGRESSIONAL RECORD — SENATE July 8, 2003 Fourth of July. I saw a program about and make the arguments before the ap- son Co. in Bloomington felt the blow almost the forefathers. They were all men- pellate court. Then, if you finally win— immediately. The manufacturer’s property tioning the different ones who brought if you finally win, yes, you get a good insurance renewed just days later, with us this 227 years of freedom. fee. But you probably spent a couple of nasty surprises. ‘‘Our premium quadrupled from $500,000 to Is life so dear or peace so sweet as to be years or more waiting around. And $2 million’’ and suddenly excluded $150 mil- bought at the price of chains of liberty and that is the practice of the trial bar. lion worth of terrorism coverage, said Marty freedom? I know not what course others may I have been in it. I have also de- Kohne, Donaldson’s safety, environment and take, but as for me, give me liberty or give fended. And they are lazy. Man, they insurance manager. me death. are lazy. I have seen them. They just After Enron imploded, Donaldson’s cost to A lawyer said that. absolutely sit there and let the runners insure its directors and officers tripled to I can see that 34-year-old Jefferson, and investigators do all the work, call $300,000 a year. with the quill in hand: that doctor and do this and do that, ‘‘You get very frustrated because all these events affect you, but you have no control,’’ We hold these truths to be self-evident, and then if it is inconvenient, they say: Kohne said. that all men are created equal. We have a witness who is sick, and we It’s a common sentiment among insurance Equal justice under law, with the will move for a continuance—because, buyers of every kind, both corporate and Declaration of Independence. why? The clock runs. The clock runs, consumer. Pushed by events as divergent as What is government itself, but the and they get, what, $450 an hour? Enron’s collapse, terrorism, natural disas- greatest of all reflections on human na- I remember when I passed the first ters, and health care inflation, insurance ture? If men were angels, no govern- textile bill here, a Senator on the other costs are spiraling industrywide unlike any- ment would be necessary. If angels side of the aisle came and said: I know thing seen in more than a decade. The insur- were to govern men, neither external a lawyer downtown who has been paid ance inflation is part of what’s stifling cor- $1 million to get that bill passed, and porate profits and eating into household nor internal controls on government budgets, and experts believe it could be at would be necessary. In framing a gov- he didn’t do anything. Here you are, a least another two years before prices sta- ernment which is to be administered by freshman Senator, and you passed it. bilize. men over men, the great difficulty lies I said: Yes, and I passed it for free be- Insurance executives contend they’ve had in this: You must first enable the gov- cause I believe in it. little choice but to make major adjustments ernment to control the governed; and But you have big fees down here. The in premiums. Paul Bridges, senior vice presi- in the next place oblige it to control clock runs with this corporate crowd, dent of Marsh USA, the nation’s largest in- itself. just look at the bill. They say: Oh, no, surance broker, explained the increases this We are out of control: We have a $428 no—they have no control over their way: fees. Just control the trial lawyers— ‘‘We had an insurance industry that used billion budget deficit, after talking to make all of its money off of investment about the surplus, surplus, and sur- with tort reform. You have the biggest returns on Wall Street. But with the death of pluses for 2 years. The public debt to myth on the courts we have ever expe- the dot.bombs, those stopped,’’ he said. the penny is $428 billion, and we have rienced. ‘‘Then, with recent losses, margins reversed not finished the fiscal year. Let’s go, since my time is limited, to and [insurers] weren’t making money for Madison, the lawyer, the Emanci- the truth about malpractice premiums. stock holders.’’ pation Proclamation—Abraham Lin- According to the National Association ‘‘We started ratcheting up prices partly on coln, the lawyer. of Insurance Commissioners: the backs of disasters’’ last year, added Total profits as a percentage of premiums Bridges, noting that premiums are still on The only thing we have to fear is fear the rise. Commercial policies ‘‘started off itself. for 1999 [that is the most recent year for which data is available] are nearly twice as rising 30, 40 and 50 percent and some even 100 Franklin Delano Roosevelt, the law- high in the medical malpractice line than percent.’’ yer. the casualty and property insurance indus- THERE’S NO ESCAPING You go right on down the line, giving try coverage. Recent price increases are The burden is being felt at firms of all meaning to equal justice under law. merely an attempt by the insurance industry sizes. Thurgood Marshall, the lawyer. to maintain the extremely high level of prof- Minneapolis CPA Barry Rogers runs his These were eminent lawyers and not itability for malpractice coverage. own firm with six employees. There have jury fixers. We have 60,000 lawyers If that is all the profits, where are been no major illnesses among his workers, working on K Street. I am one of the the losses? This is Enron. This is so he was shocked when his agent announced 60,000 licensed to practice in the Dis- Kenny Boy. The Justice Department last year that his premiums were ‘‘only going up 12 percent.’’ trict of Columbia. There are 60,000, and 1 spent 2 ⁄2 years and they can’t get him. ‘‘We had one person who had outpatient 59,000 will never see the courtroom of They have gotten everybody in the surgery done, and that was the extent of it,’’ law. They are supposed to fix the 535 of world. They have gotten WorldCom all Rogers said of the firm’s previous claims. us lawmakers here in Government. the way through the courts up to the The firm’s health care premiums jumped They are salesmen. I delight in seeing SEC and reaffirmed their bankruptcy from $145 per worker to $163, with the co-pay them. They are a big help because we plan, but you haven’t heard any more from $15 per office visit to $25. have to have the proceedings, and I lis- about Kenny Boy. Rogers and his agent eventually worked ten to both sides and I make up my Listen to what this says: out a plan to reduce the co-payment back to $ deductibles for hospitalization climbed mind. When terrorists slammed airplanes into from $300 to $500. the World Trade Center in 2001, the Donald- But they are, under the bill at hand Statewide, commercial health insurance son Co. in Bloomington felt the blow almost that has been introduced, not limited premiums rose 12 percent in 1999, 16 percent immediately. The manufacturer’s property in their fees. They sit there claiming in 2001, according to the Minnesota Depart- insurance renewed just days later, with frivolity. If you are a trial lawyer, you ment of Health. Estimates are that rates will nasty surprises. get the client who comes in. You have Our premium quadrupled from $500,000 to go up again around 12 percent this year. Health care companies reported their costs to perhaps get the doctor for him, get $2 million. rose 9, 13 and 10 percent in 1999, 2000 and 2001, the medicine. Then if you get the case, I ask unanimous consent to have this get out on the highway, get some pic- respectively. article from the Metro edition of the In many cases, the rising health care costs tures and everything else like that, get Star Tribune in Minneapolis printed in are being partly passed along by employers, the experts, draw up the pleadings. the RECORD. effectively canceling out workers’ cost-of- After the pleadings are drawn, make There being no objection, the mate- living raises. Workers are then finding that all the motions, the interrogatories, rial was ordered to be printed in the their personal insurance costs also take and discoveries. Still you haven’t got- RECORD, as follows: more money. Last year, homeowner premiums rose 10 percent nationwide. This year, ten a red cent. Time passes on, and [From the Star Tribune, Mar. 9, 2003] homeowners’ rates are expected to rise what happens is you get to the trial FEW SPARED AS INSURANCE RATES SOAR; COR- and, after all the trial and the motions again. PORATE, HOUSEHOLD BUDGETS FEEL SAME ‘‘There’s no doubt about it, ’02 had lots of in the trial, you have to win all 12 ju- PAIN premium increases,’’ said Kenneth Ciak, rors. And after the 12, you have to (By Dee DePass) president of American Express Property Cas- make the motions on appeal, you have When terrorists slammed airplanes into ualty, which collected $260 million in pre- to print up the briefs, you have to go the World Trade Center in 2001, the Donald- miums last year.

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CORPORATE COVERAGE The St. Paul Companies, which lost $941 Enron and to create a $900 million reserve for ‘‘Frankly, it’s about time,’’ Ciak said. ‘‘On million in 9/11 claims, hoisted commercial related but unresolved legal claims. the personal lines side, we have not had a 9/ premiums 32 percent in 2001, and 27 percent J.P. Morgan Chase had sued the insurers 11 catastrophe, but there are a fair number last year to squeak back into the black after last year, after the companies refused to of storms that have occurred and the home- a dismal 2001. The company lost nearly $1 cover $1.1 billion in losses on several failed owners’ product has just been underpriced. billion in 2001. It earned $290 million in 2002, energy trades in the late 1990s involving We have not made money for the last four or about half the $567 million it earned in 2000. Enron and Mahonia, an offshore company as- five years.’’ St. Paul CEO Jay Fishman has said pre- sociated with J.P. Morgan Chase. While homeowners paid $37 million nation- mium increases will continue this year. The insurers—plus congressional investiga- wide to protect their homes against storms, At Apogee, the company’s property pre- tors who have looked into Enron’s ties with fire and other disasters in 2001, insurers re- miums have risen 40 percent, while its gen- Wall Street banks—alleged that the deals be- ported losses and expenses equal to 114 per- eral liability premiums doubled. To com- tween Enron and J.P. Morgan Chase were cent of all home premiums collected last pensate, it has adopted higher property fake accounting transactions designed to year. deductibles and is self-insuring for workers hide debt and boost revenue. Even corporate coverage, which for years compensation claims. Under the complex settlement submitted was predictably and modestly priced, has ex- ‘‘Not only did we assume more of claims in court, the insurance companies could pay ploded in cost, thanks to recent events. The but we also incurred even more costs because from $520 million to $660 million to J.P. Mor- accounting scandals at Enron, WorldCom premiums keep going up. It’s been a very gan Chase. and other companies have erased an change challenging year for us,’’ Clauer said. Neither side admitted wrongdoing, and for reasonable directors and officers insur- On top of that, the company is still wait- both claimed a legal victory. ance or cheaply priced surety bonds. ing for some projects to get going because of John Callagy, an attorney at Kelley Drye The recent $1.4 billion settlement by in- the lack of terrorism insurance, a product & Warren in New York who represents J.P. vestment banks with regulators over allega- that is only beginning to be offered again Morgan Chase, says the settlement bolsters tions of misleading stock recommendations now and is likely to add another cost equal the bank’s contention that the Enron deals also has increased the pricing pressures on to about 10 percent of the property’s regular were legitimate. ‘‘There was absolutely no such policies, as insurers brace for investor insurance costs. evidence of fraud,’’ he says. Alan Levine, a lawyer at Kronish Lieb Wei- lawsuits alleging biased stock research. Di- ‘‘We still have projects on hold because of ner & Hellman in New York and the lead at- rectors and officers insurance protects com- the developers’ inability to get terrorism in- torney for the insurers, says, ‘‘We’re very panies if their executives are sued by share- surance,’’ Clauer said. satisfied with the economics of the settle- holders or other plaintiffs. SURGING PREMIUMS ment.’’ A 2001 survey by Tillinghast-Towers Perrin After going through a long period of sub- J.P. Morgan Chase’s troubles relating to found that insurance claims against execu- dued prices in the ‘90s, premiums for busi- Enron haven’t ended, though. The bank still tives averaged $5.7 million for each of its ness and homeowners insurance are rising faces the giant Enron bankruptcy case, a 2,037 corporate respondents that year, up 75 fast, pushed by a confluence of events includ- shareholders’ class-action lawsuit against percent from 2000. Shareholder lawsuits ing terrorism, corporate crimes and natural Enron and several Wall Street banks and fed- alone leaped 178 percent to cost insurers $17 disasters. Percentages for 2002 are estimated, eral investigations into the Enron scandal. million on average in 2001. percentages for 2003 are forecast. The insurers’ settlement should have no PAYING FOR ENRON’S SINS Premium percent change from prior year— legal impact on the other legal fights, says Companies that haven’t been sued aren’t ’90 4.5 percent; ’02 14.0 percent; and ’03 12.2 one attorney close to the cases. However, escaping the fallout. percent. lawyers often use settlements as leverage in Apogee Enterprises of Minneapolis manu- Mr. HOLLINGS. Mr. President, talks in related cases. factures and installs exterior building glass. Enron alone hit 11 insurance companies In the insurers’ case, the settlement came The company has 5,500 workers, 12 directors for $350 million in director and officer early Thursday morning, near the end of a and no directors and officer claims in its his- claims. Enron’s bankruptcy also cost monthlong trial in New York before U.S. District Judge Jed Rakoff. The jury was tory. Nevertheless, it is paying or Enron’s St. Paul $10 million in surety bond sins. ready to start its deliberations Thursday. ‘‘Last year we paid about $150,000 [in pre- losses and $12 million in unsecured debt As part of the settlement, Travelers Prop- miums]. Now we can expect it to go way up, insurers held in the energy company. erty Casualty could pay up to $159 million; maybe triple . . . even though [four under- AIG has announced a $1.8 billion charge Chubb’s Federal Insurance, $110 million; writer groups] are very comfortable with Ap- in part to deal with claims for both Lumbermens Mutual Casualty, $94 million; ogee and our governance,’’ said Michael Enron and WorldCom. Allianz’s Fireman’s Fund, $93 million; St. Clauer, Apogee’s chief financial officer. All of this was on top of 9/11 which Paul Fire & Marine Insurance, $80 million; ‘‘That’s the reality of Enron. If you want cost insurers $40 billion in losses. Now, CNA Financial’s Continental Casualty and National Fire Insurance, $47 million; Safeco, the coverage, you pay the price,’’ Clauer we find 9/11 and Enron. Kenny Boy is added. $33 million; Hartford Financial Services, $25 Marcy Korbel, a Marsh vice president of fi- responsible for the losses. It is not million; and Liberty Mutual Insurance, $13 nancial professional services, recently medical malpractice. In fact, in all of million. shared similar bad news with risk managers the cases, only 1 out of 9, or 12 percent, Mr. HOLLINGS. Mr. President, it from General Mills Inc., 3M Co. and other of the cases actually go to court. Some says: firms. 26 percent of that small percentage ac- Hoping to cut loose the Enron albatross, Industrywide, directors and officers ‘‘pre- tually are tried. The verdicts are up in- miums average 50 to 300 percent increases J.P. Morgan Chase early Thursday settled a stead of down. But now we find out legal dispute with 11 insurance firms that and that’s only if there are no claims,’’ she from where they come. said. ‘‘We are seeing increases of more than had accused the Wall Street bank of engag- 300 percent if there is claims activity and I have another article in the final ing in sham financial deals with the col- even more for companies with market caps edition of the Gannett Corporation on lapsed energy-trading firm. over $1 billion.’’ Friday, January 3, 2003. I ask unani- As part of the settlement, Travelers Prop- Policy prices have to reflect reality, said mous consent that it be printed in the erty Casualty could pay up to $159 million; Chubb’s Federal Insurance, $110 million; Bob Hartwig, senior economist for the Insur- RECORD. ance Information Institute. Lumbermens Mutual Casualty, $94 million; There being no objection, the mate- Allianz’s Firemen’s Fund, $93 million; St. ‘‘The end of 2001 and all of 2002 were hor- rial was ordered to be printed in the rific years for this country in terms of cor- Paul Fire & Marine Insurance, $80 million; RECORD, as follows: porate governance. We have had some of the CNA Financial’s Continental Casualty and worst scandals in the history of this coun- [From USA Today, Jan. 3, 2003] National Fire Insurance, $47 million; Safeco, $33 million; Hartford Financial Services, $25 try,’’ Hartwig said. J.P. MORGAN, INSURANCE FIRMS SETTLE million; and Liberty Mutual Insurance, $13 LEGAL DISPUTE PREMIUMS GOING UP million. (By Edward Iwata) Enron alone hit 11 insurance companies for Let us talk about those losses. Where $350 million in director and officers claims. Hoping to cut loose the Enron albatross, Enron’s bankruptcy also cost the St. Paul J.P. Morgan Chase early Thursday settled a do we go? Companies $10 million in surety bond losses legal dispute with 11 insurance firms that I quote from an article dated June 30 and $12 million in unsecured debt the insurer had accused the Wall Street bank of engag- in U.S. News and World Report. held in the energy company. AIG has an- ing in sham financial deals with the col- The case of Samuel Desiderio, while tragic, nounced a $1.8 billion charge in part to deal lapsed energy-trading firm. seems to give perfect voice to the complaints with claims for both Enron and WorldCom. Later in the day, J.P. Morgan Chase said it of many doctors who see a legal system gone All of this was on top of 9/11, which will take $1.3 billion in fourth-quarter wild. As a 4-year-old, he suffered brain dam- brought insurers $40 billion in losses. charges to cover losses on its dealings with age following surgery at a New York City

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9020 CONGRESSIONAL RECORD — SENATE July 8, 2003 hospital. A state court jury awarded him a People talk about those two lawyers The cutbacks are taking the form of higher hefty $80 million for medical expenses and and say, ‘‘Look at all the fees they deductibles and lower limits on overall cov- pain and suffering. In April, just two months got.’’ I say look at all the good they erage. But the insurance companies are also ago, an appeals court approved boosting the did. Over the many years, we have had demanding that corporations pay part of any award against his doctors and the hospital to court settlements or jury awards out of their an astonishing $140 million. the American Cancer Society, we have own pockets. As a result, corporations in But as Joan Butsko’s modest award sug- had fundraisers, we have had cancer in- telecommunications, energy, financial serv- gests, caps may not be the answer. Insurance stitutes, we have had all kinds of re- ices and pharmaceuticals—where the risk of costs are up, but it’s not clear that juries or search and everything else like that, being sued is thought to be highest—could the courts are the culprits, or even that the but how do you stop people from smok- face payments of up to half of the cost of any crisis is as dire as it’s being portrayed. The ing? When they got that 360-some-bil- settlement. statistics don’t line up as neatly as doctors lion-dollar settlement with the Govern- The three leaders in this line of coverage— and insurers would have them, and left out the American International Group, the of the argument is recognition that ordinary ment, the Attorney General, the med- Chubb Group and Hartford Financial Serv- market forces may be at work instead. ical community, and everybody con- ices—have already begun requiring some cus- For starters, there’s no explosion of cases cerned, and the State attorneys gen- tomers to share the expense of settlements. that might drive up legal costs. The number eral, that failed to pass the Senate, so The cutbacks effectively limit the size of filed each year has remained fairly steady it was taken up, and I think it was $232 policies insurance companies will sell to any during the past decade, according to the Na- billion that the States settled for. That one company, said Andrew Marcell, who is in tional Center for State Courts. Further, charge of insurance for directors and cor- most malpractice plaintiffs never even see a money is being paid out. In many porate officers at Guy Carpenter, a New jury—two thirds of their cases are dropped or States they have programs to teach York reinsurance broker and a unit of the dismissed—and when they do, it often isn’t a youngsters to avoid smoking. I go to Marsh & McLennan Companies. sympathetic one. Only a tiny sliver of cases the heart of the Pee Dee in South Caro- ‘‘Companies that until recently were will- filed—just 0.9 percent of some 5,500 cases sur- lina where they grow tobacco, and you ing to provide $50 million in coverage are veyed for 2002—produce jury verdicts for pa- will see a big sign on the courthouse now offering $25 million, and companies that tients claiming injury. And even the size of that says: ‘‘No smoking.’’ offered $25 million are now providing $10 mil- that small wedge is down by half since 2000, Now, that really got me. Those two lion to $15 million,’’ Mr. Marcell said. according to the Physicians Insurers Asso- Enron had $350 million in this kind of cov- ciation of America, the trade group for mal- lawyers really deserve every dime they erage and some corporations had been buy- practice insurers owned or operated by doc- get out of the legal fees. They had been ing up to $1 billion worth. But now, Mr. tors, which account for about 60 percent of bringing cases upon cases upon cases, Marcell said, ‘‘$250 million in coverage is the market. and I think their average victory was pretty hard to come by.’’ Within that wedge, the number of pay- some 4 in 100 cases. The sharing of the burden of settlements ments that doctors’ insurers make following They just lost another case down in may also leave directors’ and officers’ per- jury verdicts has held steady in recent years, sonal assets exposed, lawyers said. Charleston last year. Of course, there ‘‘This is very bad news for directors and of- at around 400 annually, according to a U.S. have been ridiculous verdicts, like in News review of hundreds of thousands of pay- ficers,’’ said Michael Young, a partner at the ments of all kinds reported to the federal Na- Florida, where the punitive damages is law firm of Willkie Farr & Gallagher in New tional Practitioner Data Bank. These pay- somewhere around $27 million, but had York who often represents directors and offi- ments total about $143 million each year. been $145 billion. Well, that was a six- cers. ‘‘The insurance industry is sending out Malpractice insurers are required by law to man jury and a judge who did not know the word that for outside directors, insur- report their payouts to the system. what they were doing. That was just a ance that provides 100 percent protection is going to be increasingly difficult to get and Doctors and insurers say that frequency of seven-man conspiracy. I agree, it was claims aside, the prime issue is the size of companies are going to have to pay through wild and unjustified. the nose for it.’’ awards. Indeed, the size of insurer payments My point is, these trial lawyers are stemming from jury verdicts has been in- John Keogh, a unit president of the Amer- creasing in recent years, U.S. News has really doing a wonderful service. I can ican International Group, said that some found; in 2002 it reached a median of $295,000. go to the class actions, I can go to the corporations could avoid sharing the costs of But, that’s far below the median jury award asbestos cases. The onslaught has got lawsuits with insurance companies and get of $1 million the AMA and others often cite. to be stopped here on this so-called full coverage up to limits of their policies by Even assuming two defendants per case—a paying higher premiums. But David H. tort reform because it is totally polit- McElroy, who is in charge of this kind of in- number insurers say is typical—plus other ical. It is totally campaign funds. It is adjustments, the median payment remains surance at Hartford Financial Services, said totally the election next year and not the riskiest clients could not get full cov- hundreds of thousands of dollars short of the the needs of the country. $1 million figure. erage at any price. But it’s not clear that verdicts are really Mr. President, that is what is going The insurers say they are merely acting in the whip behind settlements. Over time, the on, and colleagues have to wake up and self-defense as they watch corporate giant size of a typical settlement payment has realize we have a President who runs after corporate giant collapse as they come grown somewhat faster than a typical jury off to Africa, who has not settled Af- under fire for deceptive accounting and man- verdict payment. And while the sum from agement abuses that have drained companies ghanistan, who does not know where he like WorldCom, Global Crossing and Tyco of jury awards has remained stable over the is in Iraq. All he knows is the election past decade, the total of payouts from settle- hundreds of millions in corporate money. is next year, in November. So there we As share prices of these companies have ments has soared, especially recently, when are. We are being put upon with not plunged, shareholders have turned to law- doctors say the crisis has emerged. the needs of the country but, frankly, suits in an attempt to recover at least some Mr. President, that is what punitive with the needs of the campaign. of their losses. damages do. They really set the pace. I have an article here dated Sep- Combining the expected costs from some of Dickie Scruggs and Ron Motley, the the latest lawsuits, which are still in their tember 7 of last year from the New trial lawyers in the tobacco case, did early stages, and scores of others that have York Times. I ask unanimous consent more to cure people of cancer or pre- been working their way through the courts to have that article printed in the vent people from getting cancer than over the last few years, insurers estimate RECORD. that they will have to pay out $7.5 billion Dr. Koop and Dr. Kessler. There being no objection, the mate- this year on liability policies for directors I have been in the vanguard since rial was ordered to be printed in the and officers—but they collected only $4.5 bil- Warren Magnuson had me have cancer RECORD, as follows: lion in premiums. hearings all the way back in 1967 and ‘‘The expected claims paid out are going to [From the New York Times, Sept. 7, 2002] 1968. And over the years, we have tried be multiples of the premiums that have been INSURERS SCALE BACK CORPORATE LIABILITY everything in the world to stop people collected,’’ said Mr. Keogh of A.I.G. He would POLICIES from smoking. not comment on specific numbers. Some in- (By Jonathan D. Glater and Joseph B. surers said that they expected the actual If my time is up, I ask unanimous Treaster) consent for 10 additional minutes, Mr. losses to be lower, but that the industry Shellshocked by corporate scandals and would still lose money this year. Quietly, President. fearful of the hefty payments they will have several insurers have also begun trying to The PRESIDING OFFICER. Is there to make to settle shareholder lawsuits, the cancel certain policies, arguing that cor- objection? big commercial insurance companies are cut- porate fraud makes them void—a nightmare Without objection, it is so ordered. ting back sharply on liability coverage for for executives. Mr. HOLLINGS. I thank the distin- American corporations, their directors and The cutback in liability coverage and in- guished Presiding Officer. senior executives. creases in premiums are hitting corporations

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9021 hard. Bruce S. Zaccanti, an insurance con- doctors. They are going to have to do it lawsuits and the rights of society to be sultant at Ernst & Young, said a nationwide on the one hand. And let’s have insur- protected against frivolous lawsuits real estate management company he had ance reform. Yes, the Durbin-Graham and outrageous judgments that are dis- been advising paid $3 million for $100 million approach is salutary in that it does proportionate to compensating the in- in coverage last year. This year, the company’s premium jumped to $4.5 million for away with the fixing of rates. That jured and made at the expense of soci- $70 million in coverage. On top of that, he ought to be done away with. But the ety as a whole. said, the deductible has jumped to $15 mil- only way to really get at the problem I have been concerned about this lion from $5 million. itself is what they did in California issue since my days as Governor of By forcing the companies to share the cost with proposition 103 that passed in 1988 Ohio. I wish we had the outpouring of of settlements, the insurers also hope to prod and that is to regulate the rates them- support for medical liability reform 6 them to fight harder to keep those costs selves. years ago that I see now. In 1996, I es- down. When all the costs have been covered, You can get the information only the insurers said, the corporations are often sentially had to pull teeth in the Ohio eager to settle quickly—rather than work for then from the insurance companies, Legislature to pass my tort reform bill. a smaller settlement. and I have tried my best as a member I signed it into law in October 1996. ‘‘There is no doubt in our minds that in- of the Commerce Committee, subject Three years later, the Ohio Supreme sureds’ settlement behavior has been less re- to insurance jurisdiction, to try to Court ruled it unconstitutional, and if luctant than maybe it once was when there again and again, year in and year out. that law had withstood the Supreme was an economic alignment,’’ said Tony And the insurance companies won’t tell Court’s scrutiny, Ohioans wouldn’t be Galban, vice president and manager of direc- you anything because they say they facing the medical access problems tors and officers liability insurance under- are State regulated and we have no ju- writing at Chubb Specialty, a subsidiary of they are facing today: doctors leaving Chubb & Son. risdiction whatsoever over them. If their practice, patients unable to re- In recent years, the average size of settle- there is one thing that is engaged in ceive the care they need and costs of ments in securities lawsuits has increased interstate commerce, it is insurance. health insurance going through the drastically, rising to $16 million in 2001, ac- Let’s don’t just go with terrorism in- roof. cording to the Securities Class Action Clear- surance, and just tax credits to pay the During my time in the Senate, I have inghouse, an organization at Stanford Uni- premiums, and patchwork little Band- continued my work to alleviate the versity that tracks securities litigation. Be- Aids on this problem. Let’s get to the fore 1995, when a law was passed making it medical liability crisis. To this end, I real heart of the problem. The insur- worked with the American Tort Re- tougher to bring securities fraud claims, the ance companies lost money. They lost average settlement was less than half that form Association to produce a study amount. it on Kenny Boy. And now the officers that captured the impact of this crisis The possibility that individual directors and directors of these corporations are on Ohio’s economy in order to share and officers could be forced to dip into their being sued, and the rates have gone up these findings with my constituents own wealth may make it harder to recruit with respect to corporate bad practice. and colleagues. Guess what we found? executives to serve on corporate boards, said The only way to get at it is insurance In Ohio, the litigation crisis costs Brooks Chamberlain, head of the global in- reform itself. surance practice at Korn/Ferry Inter- every Ohioan $636 per year, and every We are just acting like a dog chasing Ohio family of four $2,544 per year. national, an executive search firm. Fearful its tail when we go on about tort re- of personal liability, more and more recruits These are alarming numbers! In these are conducting their own due diligence on form, and the lawyer’s fees, and joint economic times, families can not afford prospective employers, he said. and severable liability, and product li- to pay $2,500 for the lawsuit abuse of a Smaller companies, companies with finan- ability. If they are real problems, every few individuals. State has a legislature and they are cial problems, companies in certain indus- It is not just the individuals but the tries perceived to have a higher incidence of subject to that jurisdiction. They can lawyers who bear some of the responsi- fraud, and companies with fewer hard assets do it. But as far as insurance goes, I bility. I recently received my yellow but sizable market capitalizations will have have worked with them. I have seen and white pages. Look what I found on more trouble, Mr. Chamberlain said. them, after 50 years of governmental According to Mr. Young of Willkie Farr & the front and back covers, advertise- service at every level. I had to clean up Gallagher, directors want some assurance ments for personal injuries. This is the my own insurance department as Gov- that somebody else will be able to pay any yellow pages of the Cleveland ernor of South Carolina. I know it inti- settlement or damage award. phonebook and the white pages, adver- mately. ‘‘What if the company goes into bank- tisements on the front cover and on the ruptcy? Then who covers?’’ he asked rhetori- I can tell you that we have an insur- back cover. One of them says: Medical cally. ‘‘Or what if the company’s just not ance reform bill, and I want to work malpractice. It talks about wrongful wealthy enough? with my colleagues on this, for this is death, quadriplegic/paraplegic. They The changes have already had the odd ef- how to take care of the medical mal- have pictures, birth injuries, nursing fect of leading to the creation of a new type practice increase in premiums. of policy that will protect only independent I yield the floor. home negligence, Erb’s palsy, cerebral directors. A.I.G. will sell the policies that palsy, heart attacks/late treatment, cannot be canceled even in the case of man- The PRESIDING OFFICER. Under the previous order, the Senator from cancer late diagnosis, emergency room agement fraud, Mr. Keogh said. negligence. But Gregory M. Schmidt, general counsel Ohio is recognized. at the LIN TV Corporation, an owner of tele- Mr. VOINOVICH. Mr. President, I It goes on to say, ‘‘Our firm will ad- vision stations in several states, wondered rise today in strong support of S. 11, vance expenses for our clients in most whether companies might choose not to take the Patients First Act, of which I am cases,’’ and ‘‘Clients do not have to on the additional cost of these policies and an original cosponsor. Throughout my repay expenses unless there is a suc- instead promise to cover any settlement career in public service, health care cessful outcome.’’ This kind of stuff is costs owed by the directors. ‘‘The question is has been one of my top legislative pri- in the yellow pages and on television whether that’s going to be satisfactory’’ to every night. the directors and officers, he said. orities. We all want access to quality, LIN’s policies are not up for renewal until affordable health care. And when the When I got out of law school, solici- March, he said, but executives at the com- quality is not there, when people die or tation was a violation of the canons of pany are monitoring changes the insurers are truly sick due to negligence or professional ethics of lawyers. That has are announcing. other medical error, they should be all changed today. I think unfortu- ‘‘We’re worried,’’ he added. compensated. But when healthy plain- nately so. Mr. HOLLINGS. We really are in tiffs file meaningless lawsuits to coerce Next to the economy and jobs—the trouble. I have in my own State the settlements or to shake the money tree most important issue facing our coun- widow of a physician who worked at a to get as much as they can get, there’s try today is health care. In fact, it is a hospital in Columbia, where her hus- a snowball effect and all of us pay the major part of what is wrong with the band died after surgery. They had to price. economy. We have too many uninsured, sue as a result of his death. For the system to work, we must employers face spiraling costs, and How can we, the Congress, solve this strike a delicate balance between the those who have insurance face soaring problem? Let the doctors discipline the rights of aggrieved parties to bring premiums every year. The impact on

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9022 CONGRESSIONAL RECORD — SENATE July 8, 2003 businesses is great. It affects their abil- sis very strongly in Ohio. Medical Li- last October in Columbus, OH which ity to offer health insurance to em- ability Monitor ranked Ohio among the was sponsored by the Ohio State Med- ployees. Too many times, they pass on top five states for premium increases ical Association. I was impressed with the added costs to their employees, in 2002. OHIC Insurance Co., among the all of the speakers, in particular, Dr. whose family budgets are often already largest medical liability insurers in the Evangeline Andarsio, an OB–GYN from stretched razor thin. And then there State, reports that average premiums Dayton, who described the changes in are those who lose their jobs and can’t for Ohio doctors have doubled over the the profession and the effect of the liti- afford COBRA, assuming their com- last 3 years. But don’t listen only to gation cloud: pany is still in business and COBRA is the statistics. Let’s talk about doc- The professional liability crisis is creating available. tors—human beings who have practices a barrier to patients’ access to good medical This issue is a personal one for me. and patients: care, especially pregnant women. . . . a para- My daughter-in-law, who is expecting Dr. Perm Jawa, a Cleveland urolo- digm shift needs to occur in our society. Our her fourth child, recently learned from gist, says that soaring liability pre- laws must change to begin to reflect this her obstetrician that after her deliv- miums leave him in perpetual fear of paradigm shift. ery, she is no longer going to deliver career-ending lawsuits. ‘‘I shy away After speaking at this rally, I re- any more babies. Her doctor is in a from major cases now. Sometimes you ceived a letter from a young doctor, four-physician group, all of them obste- know what the best thing is but you telling me that he was leaving Ohio be- tricians. They have never had any law- don’t want to be doing it because there cause he couldn’t afford his medical li- suits against them, yet their insurance are potential complications with it,’’ ability insurance premiums. Dr. Cly premiums have skyrocketed from Jawa said. ‘‘You’re not as aggressive as had received a notice from his insur- $81,000 three years ago to over $381,000 you should be.’’ ance carrier that his premiums would today. That’s $75,000 per person over a In Columbus, Dr. David Stockwell be increased by $20,000–30,000. This, plus period of 3 years. How can physicians has seen coverage for his two-physician the $20,000 increase from last year, be expected to afford rate hikes like OB–GYN practice climb to over $100,000 forced him to make the difficult deci- these? And how many babies do they a year. And he expected his premiums sion of uprooting his family and his have to deliver in order to pay for med- to rise 20 to 25 percent in May. practice to another State. Dr. Cly was ical insurance. Think of somebody get- Dr. Robert Norman, a geriatrician in unable to make the insurance pre- ting out of medical school that is an Cuyahoga Falls, saw his annual med- miums and still take care of his stu- OB/GYN and being told: Before you ical liability premium jump $5,700 to dent loan obligations and his family. open the door, you will have to pay a $34,000 last year. He had been warned Even though he has never had a mal- premium of $75,000 to $80,000 to practice that it could reach $100,000 this year if practice claim or judgment against medicine. he continued treating patients in nurs- him during his residency training or This crisis is out of control, and ing homes. But in May he received an his private practice years, his rates when you listen to the statistics, you unexpected ultimatum from his insurer continued to skyrocket to the point will be astounded: and every other carrier he queried: where he could no longer afford them. From 1994 to 2000, the median award agree to stop seeing nursing home pa- His move to Fort Wayne, IN, will save for medical negligence in childbirth tients or lose liability coverage alto- him $50,000 per year in liability insur- cases, $2.05 million, was the highest for gether. As a result, 150 of Dr. Norman’s ance. all types of medical malpractice cases patients had to find a new doctor. In his letter to me, which I would analyzed. Dr. Stephen Cochran lost his hospital like to submit for the record, Dr. Cly The median medical liability award privileges at Akron General Medical writes: jumped 43% in one year, from $700,000 Center when his insurer’s financial sta- I represent young physicians in Ohio. Most in 1999 to $1 million in 2000; it has dou- bility rating was downgraded recently. young physicians I speak with are all consid- bled since 1995. He is seeking another insurer, but ering relocating to a place where the ability Medical liability reform could meanwhile, he says, ‘‘We receive daily to practice medicine is better and the liabil- produce $12.1 billion to $19.5 billion in phone calls from the patients: ‘Why ity situation is more stable. I do not want to annual savings for the Federal Govern- aren’t you here? Why aren’t you seeing leave. I have developed close relationships with many patients, families, nurses, physi- ment and increase the number of me? I want my doctor.’ ’’ He says. ‘‘It’s cians, and staff here in Dayton, Ohio. I al- Americans with health insurance by up been very stressful to a lot of the pa- ways planned to retire here and raise my to 3.9 million people. tients, particularly the geriatric pa- children here. It saddens me greatly to have There are some who say the Federal tients . . . This [the malpractice crisis] to make this decision. I feel as if I am giving Government doesn’t have a dog in the has probably changed the nature of our up and ‘‘throwing in the towel’’ by leaving, fight. We certainly have, when medical practice more than anything that has but I believe my decision is the right one for liability reform could produce $12.1 bil- happened in the last 10 to 20 years.’’ my family. lion to $19.5 billion in annual savings After practicing for 15 years—their I ask unanimous consent that this and increase the number of Americans entire careers—in Cleveland, Dr. Chris- entire letter be printed in the RECORD. covered by insurance. topher Magiera and his wife, surgeon There being no objection, the mate- Seventy-six percent of physicians in Patricia Galloway, decided to leave rial was ordered to be printed in the Ohio, surveyed by the Ohio State Med- Ohio to seek refuge from overwhelming RECORD, as follows: ical Association, said rising profes- liability premiums. Their insurance MAY 16, 2003. sional liability premiums have im- agent warned them that both would Hon. GEORGE V. VOINOVICH, pacted their willingness to perform soon be paying $100,000 in annual pre- Hart Senate Office Building, high-risk procedures. miums, up from $30,000 this year. Washington, DC. Over half said they are considering Magiera and his wife decided to ‘‘get DEAR SENATOR VOINOVICH: Thank you for early retirement as a result of rising out before the situation became hope- you listening to the challenges Ohio physicians are facing regarding the medical mal- costs. less,’’ he said. They resettled in Wis- practice insurance premiums. As you may There has also been an immense consin. Good for Wisconsin. recall, I was the young physician from Day- jump in million-dollar verdicts. In This is disgraceful. This crisis is forc- ton, Ohio who spoke with you after your 1995–97, a little over 36 percent of cases ing doctors to close their doors and speech to the Ohio State Medical Associa- resulted in an award of $1 million or greatly affecting patient access to tion May 3, 2003, while you were walking to more. By 1998–99, the rate of million care. another meeting. I work alongside Dr. Evan- dollar awards reached 43 percent. By I want to commend the physicians’ geline Andarsio at Miami Valley Hospital. 2000–01, it was at 54 percent, with one grassroots efforts—they are really I too, am an obstetrician/gynecologist here starting to get attention for this issue. in Dayton, Ohio. I have been in Dayton since quarter of all awards exceeding $2.7 1988 when I attended the University of Day- million. It is going up like a On May 3, 2003, I spoke in my home ton. I later went to Wright State University rocketship. State of Ohio at the annual conference School of Medicine in 1992. After graduating These numbers are shocking, and of the Ohio State Medical Association. from medical school, I did my residency they continue to grow. We feel this cri- I also participated in a physicians rally training at Miami Valley Hospital from 1996

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9023 until 2000. I have been in private practice for ing Medicare and Medicaid, and costs In my hometown of Cleveland, OH, at the past 3 years. the Federal Government billions of dol- one of our hospitals, the neurosurgeons In order to attend college and medical lars every year. just left. There was no one there to school I had to take out educational loans In fact, the cost of this crisis to the and work during those years. As a result, I take care of emergency patients, al- have accumulated $150,000 in student loans. economy is quite staggering. With over though just recently because of some- With the decreasing reimbursement and in- 41 million Americans without health thing the Cleveland Clinic did, they creasing medical liability insurance pre- insurance, including an estimated 1.25 agreed to step in, but there were four miums I am not able make much effort in million Ohioans at some time in 2001, neurosurgeons serving about 15 hos- paying off my student loans. In addition, I we have to look at a new system—be- pitals, and they just decided they were am married with a set of 5 year old boy and cause this crisis is not only bad for girl twins. I haven’t been able to afford to getting out. Who is going to pick that doctors and patients, it also affects our up for them? What is going to happen save for their future college educations yet, competitiveness in the global market- nor have I been able to put away much to those patients? place. Many of our company’s insur- money in a retirement plan for me and my Patients cannot get emergency med- wife. ance costs have skyrocketed because of Unfortunately, the liability insurance medical lawsuit abuse costs that their ical treatment because fewer neuro- rates are being unfairly and significantly in- competitors just do not have. surgeons are covering ERs, and trauma creased once again this July by our carrier, The Nation’s medical schools and hospitals are shutting their doors and OHIC. I am expecting another $20,000–30,000 students feel the effects of the medical diverting patients with serious head increase from the $20,000 increase last year. liability crisis. According to the Na- and spinal cord injuries to other loca- Currently, prior to the July increase, I am tional Resident Matching Program, a tions. paying $55,000 for my insurance premium. It is important to know that I have never had private, nonprofit corporation, the Patients cannot find a neurosurgeon a malpractice claim or judgment during my number of American medical students close to home because neurosurgeons residency training or private practice years. applying to general surgery residency are moving to States where insurance I no longer afford to stay in Dayton or programs declined by 30 percent from costs are relatively stable. Ohio to practice medicine. I am leaving the 1992 to 2002. If this trend continues, less state, in July, 2003, and I will be moving to than 5 percent of medical school grad- Further exacerbating this problem is Fort Wayne, Indiana to practice medicine. I uates will choose a career in surgery by the high retirement rate. According to will save approximately $50,000 per year in li- the American Board of Neurological ability insurance alone. In addition, the 2005, and only 75 percent of general surgery residency positions will be filled Surgery, in 2001 alone, over 300 neuro- managed care penetrations is much less and surgeons retired. This is 10 percent of the reimbursement is better. These factors by graduates of medical schools in the will allow me to begin eliminating my debt United States. our Nation’s neurosurgical workforce. and saving for my family’s future. Thank God we have foreign doctors And for the first time in over a decade, I represent young physicians in Ohio. Most who have come to the United States of there are now fewer than 3,000 board young physicians I speak with are all consid- America. In Ohio, one out of six doc- certified neurosurgeons practicing in ering relocating to a place where the ability tors is an Asian Indian. the U.S. to practice medicine is better and the liabil- And, in its 2003 biennial survey of ity situation is more stable. I do not want to Earlier this year, I participated in a leave. I have developed close relationships medical residents in their final year of press conference with my distinguished with many patients, families, nurses, physi- training, the firm of Merritt, Hawkins colleague from Pennsylvania, Senator & Associates, MHA, noticed a dis- cians, and staff here in Dayton, Ohio. I al- SANTORUM, and my distinguished col- ways planned to retire here and raise my turbing trend. When asked if they league from Nevada, Senator ENSIGN. children here. It saddens me greatly to have would study medicine or select another During this conference, I met a doctor to make this decision. I feel as if I am giving field if they had their education to from Florida who had rushed his son to up and ‘‘throwing in the towel’’ by leaving, begin again, one quarter of all resi- the hospital with his head hem- but I believe my decision is the right one for dents surveyed indicated they would my family. orrhaging, only to find that there were select another field—this compared I am extremely thankful of your willing- no pediatric neurosurgeons there. He with only 5 percent in 2001. It is sweep- ness to help physicians with this crisis. I am asked if a regular neurosurgeon could genuinely concerned about the future of ing across the country and everybody medicine for our patients. If these issues is getting hit. It is going to have a dis- help, but they could not because pedi- aren’t corrected soon, many patients will astrous effect—it already is—and we atric neurosurgeons require special li- suffer due to the lack of access to care. have to do something about it. When ability insurance. Due to the exorbi- If I can be of any assistance please contact tant costs of insurance for pediatric me. My home phone is 937–376–0705. My cell asked to identify what factors caused them a significant level of concern, neurosurgeons, only seven were prac- phone is 937–657–5094. My 24 hr pager is 937– ticing in the State of Florida and the 636–3263. My office numbers, until June 27, sixty-two percent of residents indi- 2003, are listed above. My email is cated that malpractice is a significant nearest one was 150 miles away. Fortu- [email protected]. area—compared to just 15 percent of nately, the boy survived, but this type Sincere Thanks, residents surveyed 2 years ago. of scenario does not need to happen. GEOFFREY CLY, MD. Specific medical specialties feel the I was recently speaking with some Mr. VOINOVICH. For those of my crisis more than others. A September doctors in Cleveland who told me that colleagues who think medical liability 25, 2002 report by the American Asso- the nephrologists practicing there will reform is a State issue, I ask them to ciation of Neurological Surgeons, Con- not even look at a baby facing kidney read this letter and see how the med- gress of Neurological Surgeons, and problems, because adding pediatric ical liability crisis transcends State Council of State Neurological Soci- work to their existing practices will lines—particularly my friends from the eties, entitled ‘‘Neurosurgery in a cause their premiums to skyrocket. neighboring State of West Virginia. State of Crisis’’ found that professional Our Ohio physicians who practice along liability costs among Ohio neuro- The effects of the medical liability the border are feeling the effects of surgeons have skyrocketed since 2000. crisis can also be felt by the obstetrics- their proximity to West Virginia and For a $5 to $7 million coverage policy, gynecologists community. In fact, ob- its favorable plaintiff’s verdicts. They in 2000, a physician would have paid stetrics-gynecology is among the top are feeling these effects in their in- $75,000. By 2002, this number had three specialties in the cost of profes- creasing insurance premiums. jumped to $168,000. sional liability insurance premiums. This is a nationwide crisis. And it’s Not only in Ohio, but across the na- Nationally, insurance premiums for not only doctors crossing State borders tion, between 2000 and 2002, the average OB-GYNs have increased dramatically: to find better insurance rates—it’s pa- premium increase was 63 percent. As a the median premium increased 167 per- tients as well. Citizens living along the result, of those neurosurgeons polled: cent between 1982 and 1998. The median thousands of miles of State borders 14 percent said they plan to, or are con- rate rose 7 percent in 2000, 12.5 percent very often obtain their medical care sidering moving; 25 percent said they in 2001, and 15.3 percent in 2002 with in- across that line. Federal action is ap- either plan to, or are considering, retir- creases as high as 69 percent, according propriate and critically necessary. ing; 34 percent said they already do, or to a survey by Medical Liability Mon- Even more so because this crisis affects are considering, restricting their prac- itor, a newsletter covering the liability Federal health care programs, includ- tices. insurance industry.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9024 CONGRESSIONAL RECORD — SENATE July 8, 2003 According to Physicians Insurance There are going to be a lot of ex- had the courage to try some new Association of America, OB-GYNs were cuses. We are going to hear from some things. His name was Dr. Holloway. Dr. first among 28 specialty groups in the colleagues as to why this is not a good Holloway saved my life. I will not ever number of claims filed against them in thing, and they are going to get into forget going to his funeral. 2000. OB-GYNs were the highest of all specific caps and so forth. There are a lot of other people specialty groups in the average cost of The fact is, this legislation provides around this country like GEORGE defending against a claim in 2000, at a a commonsense approach to our litiga- VOINOVICH who are in need of access to cost of $34,308. In the 1990s, they were tion problems that will help keep con- orthopedic surgeons and other types of first—along with family physicians- sumers from bearing the cost of costly medical care. I want them to have the general practitioners—in the percent- and unnecessary litigation, while mak- same opportunity I had, to have a life. age of claims against them closed with ing sure those with legitimate griev- That is what this is about. a payout of 36 percent. They were sec- ances have recourse to the courts. I suggest the absence of a quorum. ond, after neurologists, in the average That is what we want to do. We want The PRESIDING OFFICER. The claim payment made during that pe- to make sure those who are legiti- clerk will call the roll. riod. mately harmed have recourse to the The assistant legislative clerk pro- Although the number of claims filed courts and are compensated. ceeded to call the roll. against all physicians climbed in re- The bill sets sensible limits on non- Mr. MCCONNELL. Mr. President, I cent decades, the phenomenon does not economic damages to help restrain ask unanimous consent that the order reflect an increased rate of medical medical liability premium increases, for the quorum call be rescinded. negligence. while ensuring unlimited economic The PRESIDING OFFICER. Without That is something we should point compensation for patients injured by objection, it is so ordered. out. It does not reflect an increased negligence. Mr. MCCONNELL. Mr. President, I rate in negligence. In other words, there is no cap on also understand we are under an agree- In fact, OB-GYNS win most of the economic compensation. All of those ment that we go back and forth. It claims filed against them. A 1999 Amer- issues that can be documented, you can could be that a Democratic speaker ican College of Obstetrics and Gyne- be reimbursed for. It limits attorney’s might have been next. Therefore, I ask cology survey of its membership found fees so the money awarded in the court unanimous consent that I be allowed to that over one-half of claims against goes to the injured parties, who are the go ahead and speak since I am in the OB-GYNS were dropped by plaintiffs’ people who really need it. It mandates Chamber and prepared to speak. attorneys, dismissed or settled without that relevant medical experts testify in The PRESIDING OFFICER. Without a payment. Of cases that did proceed, malpractice trials, as opposed to highly objection, it is so ordered. OB-GYNS won seven out of ten times. paid ‘‘expert witnesses’’ who are often Mr. MCCONNELL. Mr. President, I Enormous resources are spent to deal used to influence juries and foster have heard colleagues on the other side with these claims, only 10 percent of abuses in the legal system. It also al- of the aisle extol the virtues of the which are found to have merit. The lows physicians to pay any large judg- Weiss report to justify opposing limits costs to defend these claims can be ments against them over a period of on noneconomic damages. Some of our staggering and often mean that physi- time in order to avoid bankruptcy, and colleagues on the other side of the aisle cians invest less in new technologies requires all parties to participate in al- seem to view this report as the end all that help patients. In 2000, the average ternative dispute resolution pro- and be all of reports on the effect of cost to defend a claim against an OB- ceedings, such as mediation or arbitra- damage caps. GYN was the highest of all physician tion, before going to court. This Weiss report makes the rather specialties: $35,000. It is a sensible way of handling a bold and somewhat astonishing asser- According to an ACOG survey of its problem in our country and, at the tion that States with caps on damages members, the typical OB-GYN is 47 same time, looking at the societal actually have higher premiums than years old, has been in practice for over costs that are being paid today by all States without caps on damages. I 15 years, and can expect to be sued 2.53 Americans. times over his or her career. Over one- Providing this commonsense ap- never heard of such a conclusion. In- fourth of ACOG fellows have even been proach to our medical liability pre- deed, it flies in the face of common sued for care provided during their miums is a win-win situation. Patients sense, common experience, and the ex- residency. In 1999, 76.5 percent of ACOG would not have to give away large por- pertise of actuaries and insurance com- fellows reported they had been sued at tions of their judgments to their attor- missioners. least once so far in their career. The neys, truly injured parties can recover As one can imagine, I was intrigued average claim takes over 4 years to re- 100 percent of their economic damages, by this report and wanted to learn solve. punitive damages are reserved for more about it. Upon reviewing the re- Practicing medicine and having law- those cases that are truly justified, port, it reminded me of the saying by suits hanging over your head, and only doctors and hospitals will not be held Mark Twain, or Will Rogers, who said: 10 percent are well taken, can you liable for harms they did not cause, There are lies, there are damn lies, and imagine, Mr. President, how it is to and physicians can focus on doing what then there are statistics. practice medicine under those condi- they do best: practicing medicine and I am wondering how Weiss calculated tions? providing health care. the median premiums found in his re- How does all of this affect patients’ I end with the words of Dr. Andarsio, port. No one can seem to figure that access to care? whom I quoted earlier: out because the report never really explains how the median premium was As premiums increase, women’s ac- Help us to maintain an ability to have a cess to general health care—including practice that offers patients excellent access established. regular screenings for reproductive to care—to continue one of the most impor- The Weiss report uses data over a cancers, high blood pressure and cho- tant relationships in our lives—the doctor- decade-long period. We are talking lesterol, diabetes, and other serious patient relationship—thus maintaining indi- about the cost of something, in this health risks—will decrease. OB/GYNs vidualized and compassionate care. case insurance coverage, over a sub- are disappearing. In my own particular case—and it stantial amount of time. Inflation is a It leads to more uninsured women. may be why I am probably more fired pretty basic statistical variable for Last year, 11.7 million women of child- up about this than some people in the which one should account. Does the bearing age were uninsured. Without Senate—when I was about 2 years old, Weiss report take inflation into ac- medical liability reform, a greater I contracted osteomyelitis. count in reaching its conclusion re- number of women ages 19 to 44 will It is a disease in the marrow of the garding caps? It looks as if the Weiss move into the ranks of the uninsured. bone. There was a lot of controversy report knows that to do a proper anal- The legislation we are debating today among a couple of doctors on how I ysis one should take inflation into ac- gets us on our way to enacting mean- should be treated for that osteomy- count. After all, it does so in analyzing ingful medical liability reform. elitis. There was one physician who insurance company payoffs.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9025 For some inexplicable reason the PIAA, it is impossible to calculate a of that, punitive damages at twice the Weiss report fails to do so in its anal- valid and useful median premium using amount of economic damages or a ysis of the increase in insurance com- the numbers found in the Medical Li- quarter of a million, whichever is pany premiums. There is no indication ability Monitor for many reasons. One greater. Weiss took inflation into account, de- of the obvious reasons is a median is This is a bill that does provide for spite the fact it does so in making a not a weighted average. Thus, the victims. In addition to that, it provides similar calculation for insurance com- Weiss methodology, as far as we can some reasonable restraint on lawyer’s pany payoffs in other parts of the re- tell, actually inflates the insurance fees, which of course also benefit the port. If I didn’t know better, I would carrier’s premium increase by not victim because the dollars the lawyers say such a glaring and telling omission weighing premiums according to mar- don’t get, the victims do. was part of an effort to arrive at a pre- ket share. This is critically important We can have many legitimate argu- determined conclusion. because the highest rate probably has ments. I know my colleagues on the The publication from which the the lowest market share. other side of the aisle seem to be ter- Weiss report obtained its data is some- In fact, the Medical Liability Mon- ribly concerned about States’ rights as thing called the Medical Liability Mon- itor does not report how many doctors it applies to this issue. I think that is itor. It is one of the best sources for have a particular premium, so a helpful certainly a reasonable argument to medical malpractice premium informa- weighted average is impossible to cal- make. But it seems to me it borders on tion. Many legitimate reports use the culate based upon that data as the au- nonsensical to argue that caps on non- data found in this publication to help thors of the Weiss report will tell you. economic damages have not had an im- explain the crisis. The most recent In short, according to the very ex- pact on premiums, because clearly they comprehensive rate survey in the Med- perts upon whom the Weiss report re- have. The facts speak for themselves. ical Liability Monitor, dated October lies, the conclusion of the Weiss report All you have to do is look at the pre- 2002, had a headline that reads ‘‘2002 on the effective economic damages are miums for these specialists in States rate survey finds malpractice pre- wrong, misleading, and should be where there are caps on noneconomic miums are soaring. Hard market wal- avoided. damages and compare them to pre- lops physicians. Average rate increase I think it is better to look at some miums in States where there are not. more than double those in 2001.’’ legitimate studies. While folks should Clearly it makes an enormous dif- It seems to me the methods the Weiss question the Weiss study, we can gen- ference. Taking a look at California again, report uses are not only wrong but, in erally trust CBO. So let’s look at some their underlying legislation, which is fact, misleading. The Weiss report is so highlights from CBO. commonly referred to as MICRA, is the seriously flawed, according to the Med- Reading from pertinent parts, States model for the bill which we hope to be ical Liability Monitor, the experts who with limits of $250,000 or $350,000 on able to proceed to. California has had collect the data that Weiss manipu- noneconomic damages have an average very stable rates over the years going lated, actually had to print the fol- combined highest premium increase of back to 1976 when MICRA was adopted, lowing disclaimer in a June 2003 issue 15 percent compared to 44 percent to States without caps on noneconomic going right up to the present. If you to ensure this report was not used to look at the rest of the United States, mislead the public. damages. In California, where the State has placed a cap on noneconomic California has had a 182 percent in- Let me read the most salient parts. crease in medical malpractice liability The Weiss ratings analysis of medical mal- damages, punitive damages, or rewards for pain and suffering at a quarter of a insurance premiums over this quarter practice caps cites Medical Liability Monitor of a century period, but if you compare as the source of data Weiss uses to calculate million, insurance rates have not average and median premiums for physicians shown the sharp increase experienced that to the rest of the country, there during the last 12 years. in other States. has been a 573 percent increase. Any While we are an independent news publica- Looking at my next chart which has way you look at it, the California law tion and take no position on tort reform or been used by a number of proponents of obviously has had a positive impact on other proposals to improve the medical li- the underlying legislation, it is very making it possible for physicians to af- ability climate, we feel it necessary to com- clear that major cities in States which ford their liability insurance and there- ment on the use of our statistics because fore continue to offer health services some readers have expressed concern. have adopted some kind of caps on noneconomic damages are experiencing for their people. The medians and averages in the Weiss re- That takes us back to where I started port are not the numbers we report in our lower malpractice insurance rates for yesterday. A year ago when the under- annual rates surveys. Weiss may have taken physicians. California and Colorado, our numbers—the amounts and increases of lying bill was offered as an amend- where there are sensible restraints on ment, or a portion of it was offered as premiums paid by doctors State by State— noneconomic damages, whether you and used them to arrive at their statistics, an amendment, we had a number of look at a specialty of internal medicine but it is impossible from their report to say States in crisis. Today we have more definitely how our numbers have been used. or general surgery or obstetrics, there States in crisis. Wyoming just yester- It is our view that it is impossible to cal- is a dramatic difference between the day changed from a state with problem culate a valid ‘‘average’’ premium for physi- rates in California and in Colorado signs to a state in crisis. Also, in the cians or for physicians in a particular State compared to States such as New York, year since we last debated this issue, or territory, and we state that clearly in the Nevada, Illinois, and Florida where executive summary of our rate survey. my own State of Kentucky, which was there are no such caps. a State with problems a year ago, is But the editor of the Medical Liabil- The most dramatic example, I sup- now a State in crisis. We have to add ity Monitor goes further, advising the pose, is in the area of obstetrics where both states to the red State list. leaders it is misleading to use median in California the annual premium is Connecticut. A year ago Connecticut annual premiums compiled from data $54,000; in Colorado, $30,000; compare was a State in trouble. Today, it is a from the Medical Liability Monitor to these figures to a premium for obstet- State with a genuine crisis. So it will demonstrate the effect of noneconomic rics in Florida, which is $200,000 a year, have to be added to the crisis State list damage limits on medical liability Illinois is $100,000 a year, Nevada is today. rates. This is exactly what Weiss does. $107,000 a year, and New York is just North Carolina. A year ago North The report uses median annual pre- under $90,000 a year. These are actual Carolina was a State with problem miums compiled with data from the 2002 premium survey data looking at signs. Today it is a State that is in cri- Medical Liability Monitor to try to selected specialties in States where sis over this issue. demonstrate the effect of noneconomic there are caps versus States where Arkansas. One year ago when we damage limits on liability rates. Not there are no caps. were considering legislation similar to only is this wrong, it down right mis- I repeat, once again, this legislation this, Arkansas was a State with prob- leads the public. does not deny the victim a full recov- lems. Today, Arkansas is a State in I would be the first to confess I am ery for all economic damages, plus on crisis. not an expert on the subject but ac- top of that, a quarter of a million dol- Missouri. A year ago, Missouri was in cording to many experts, including the lars for pain and suffering, plus on top trouble. But today it is in crisis.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9026 CONGRESSIONAL RECORD — SENATE July 8, 2003 Finally, Illinois would have to be whether or not they are going to have limits punitive damages to two times added today as a State in crisis. choices under the Medicare program. actual damages, or $250,000, whichever So let’s take a look at the map, Now we need to turn our attention to is greater, but does not preempt exist- where we stand today. As I can count another major health care crisis, and ing state caps. It does not preempt them, there are only six States in that is the unavailability of health State law with respect to compen- America that are currently OK accord- care in major portions of the country satory or punitive damages, regardless ing to the AMA; that is, physicians are simply because physicians can no of the limit. not avoiding choosing certain special- longer afford to pay their medical li- S. 11 limits attorney contingency ties or retiring early or closing their ability insurance premiums and still fees so that awards go to victims, not shops over the cost of their medical provide health care for patients. That to trial lawyers. malpractice premiums. We now have 19 is why we call this the Patients First No provisions in the House-passed red States. Red States are States in Act of 2003. bill or in S. 11 would limit awards for crisis. I think we had 11 this time a I hope tomorrow, late morning, when actual damages. year ago. Now we are up to 19. Then the we have the vote on cloture on the mo- This legislation is important to en- rest of America is yellow. That is, tion to proceed, that cloture will be insuring access to quality health care for States with problem signs. At the rate voked, that we will move on to this our citizens, and retaining our we are going, many of these yellow legislation, consider the various sug- healthcare workforce. States will become red States in the gestions that have been made by Sen- As an example of what providers face coming months if we do not act to deal ators on both sides of the aisle as to and the impact on patients, consider with this truly national problem. how we ought to deal with this crisis. the fact that annual medical liability I think the argument of States’ But let’s act. Let’s act. Let’s make an insurance premiums for OB-GYNS rights occasionally makes sense, but effort to tackle one of America’s great range from a low of $12,000 a year in this is a national issue, affecting health care problems of the 21st cen- Nebraska, to a high of $208,000 in cer- health care for all Americans. This is tury. tain areas of Dade and Broward Coun- really largely about the patients. Some I yield the floor. ties in Florida. Women in rural areas people have described this as sort of a The PRESIDING OFFICER. The Sen- have historically been particularly titanic struggle with doctors and insur- ator from Nebraska. hard hit by the loss of obstetric pro- ance companies on one side and law- Mr. HAGEL. Mr. President, I ask viders. yers on the other. Frankly, I am not unanimous consent that I be allowed to Practicing obstetrics is already eco- particularly interested in that strug- address the underlying bill for no more nomically marginal in rural areas due gle. I am sure it exists in a number of than 10 minutes. to sparse population, low insurance re- different ways. The real issue is wheth- The PRESIDING OFFICER. Without imbursement for pregnancy services er or not patients are going to be cared objection, it is so ordered. and growing managed care constraints. for, whether or not there is going to be The Senator from Illinois. An increase in liability insurance rates a medical professional within reason- Mr. DURBIN. Mr. President, I will will force rural physicians to stop de- able proximity of patients in order to not object, but I would like to amend livering babies. deliver a service all Americans are en- that to be recognized after the Senator This is happening now. With fewer titled to. That is no longer the case in from Nebraska. obstetric providers, women’s access to a significant part of our country. The PRESIDING OFFICER. Without early prenatal care will be reduced. In my State in eastern Kentucky we objection, it is so ordered. This is happening now. have had a number of horrendous oc- Mr. HAGEL. Mr. President, rapid in- Greater availability of prenatal care currences as a direct result of medical creases in the cost of medical liability over the last several decades has re- professionals not being available be- insurance are forcing many physicians sulted in this country’s lowest infant cause they went out of business. They to stop performing high-risk proce- mortality rates ever. simply could not afford to pay their dures, limiting the kind of patients Providers’ ability to maintain this medical malpractice insurance pre- they will see, moving to another State standard will be threatened because miums and still be in business. So this where the liability climate is more fa- the cost of insurance places a major ad- is a national crisis. vorable, or, simply, they take the op- ditional strain on our maternal health Let me just say in closing, we are de- tion of early retirement. When this oc- care system. bating a motion to proceed. Reasonable curs, who wins? Who benefits? No one. Dr. Daniel Rosenquist, family practi- people can differ about how to do some- Everyone loses. tioner in Columbus, NE who has been thing about this crisis, but I don’t Twenty-six States, including my in practice 16 years, has delivered ba- think there are many Senators coming State of Nebraska, have instituted bies across Nebraska. However, if Ne- out here, saying this is not a crisis. It some sort of cap on noneconomic dam- braska’s medical liability cap is over- is a crisis. Even those who are opposing ages. However, some States have had turned, he may have to give up that the motion to proceed, I would expect their caps overturned by the courts and part of his practice. In the months be- most of them think we have a major other States are barred by their State fore the cap was finally upheld, Dr. problem here. One of the advantages of constitutions from enacting a cap. Rosenquist had to tell his patients that voting for the motion to proceed is to Medical liability and access to quality he wasn’t sure if he would be able to get us onto the bill so amendments can health care are national problems. continue seeing them. be considered. I would not even rule Medical liability reform is needed to Dr. Rosenquist is not alone. The Har- out the possibility that by the time we help preserve the ability of health care ris Interactive for Common Good Poll came to final passage of this legisla- providers to obtain affordable mal- of April 11, 2002 states that 432 percent tion, it might look quite different. I practice insurance so we can remain in of physicians said they have considered might not like that, but I am not sure practice and deal with the health care leaving the medical profession because where the votes are unless we get onto needs of America. At the same time, we of changes brought about by the threat the bill and have a chance to consider must ensure that victims of medical of malpractice liability. amendments and options to deal with malpractice continue to have access to Because of a liability cap, Nebraska this measure about the national health the courts and jury awards. is able to recruit physicians into rural care crisis. This is not an either/or issue. S. 11, areas by keeping medical malpractice Two weeks ago we added a prescrip- the Patients first Act of 2003, is a reinsurance premiums at the fifth lowest tion drugs benefit to a reformation of sponsible solution. It is a balanced ap- in the Nation. It is important to note Medicare. The House has acted. A con- proach to maintaining access to qual- that even with a cap in place, medical ference will unfold in the coming ity care while preserving the rights of liability premiums in Nebraska rose 36 weeks and we will on a bipartisan basis both patients and providers. percent in 2002. deal with one of the major health care S. 11 does not cap actual damages. S. Dr. Christopher Kent, one of four issues confronting senior citizens, that 11 caps non-economic damages but de- neurosurgeons in Lincoln, NE, who has is how to afford prescription drugs and fers to current or future state caps. It come to view Nebraska as a great place

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9027 to practice medicine, initially came to could be achieved through such re- I met for the first time today. When Nebraska to practice because of its rea- forms, in addition to that sense of con- you hear their stories, I hope those who sonable medical liability structure. fidence that would be increased across are following the debate will step back If Nebraska’s cap were to be over- America because these dollars would be for a second and say: Wait a minute— turned, he says he would have to leave focused in areas that need the health as I have—is this right for the Senate, the State, probably within a year. One care the most—productive uses for $50 for those of us elected from 50 States of his partners would also leave Ne- billion. across the Nation, to decide in each braska and another would retire. This I am proud to be an original cospon- and every case what the maximum re- is equivalent to losing 75 percent of the sor of this responsible legislation, S. 11, covery will be for medical malpractice neurosurgeons in Lincoln, and 15 per- the Patients First Act of 2003. I urge injuries? I think the answer is clearly cent of the neurosurgeons statewide. my colleagues to give it serious consid- no. That is why I am encouraging my Dr. Kent and his colleagues have al- eration and support S. 11. colleagues to vote against the cloture ready begun restricting their practice, Thank you and I yield the floor. motion, which is a motion which tries and worry that they will have to re- The PRESIDING OFFICER (Mrs. to bring this bill before the Senate. strict care further if the cap is over- DOLE). The Senator from Illinois. What I believe—and others, I think, turned. Mr. DURBIN. Madam President, I share this belief—is that we have a na- According to a study by the Depart- thank my colleagues on the other side tional challenge and a problem when it ment of Health and Human Services’ of the aisle and on the other side of comes to medical malpractice. But it is Agency for Healthcare Research and this issue for coming to the floor be- a problem that will not be resolved Quality, States that have enacted lim- cause I hope the tone we have set in until we deal with it responsibly and its on non-economic damages in med- this debate indicates that regardless of completely, until we look at all the ical lawsuits have about 12 percent which side of the aisle you are on, re- facets of the problem. more physicians per capita than states gardless of which side of the bill you This bill says it comes down to one without such caps. are on, we understand that we are fac- thing: Injured victims of medical mal- Medical liability reform is about ing a national challenge. practice are recovering too much There is entirely too much medical quality of care and access to care. money for their injuries. If we can malpractice in our country today. The Caps on non-economic damages help limit the amount of money they re- best doctors concede that. However, keep premiums down, and keep doctors cover, then the system is going to be so the insurance that is being charged to in practice all over our State. S. 11 will much better. even good doctors is too unreasonable provide security to States like Ne- I think that oversimplifies it. In fact, in many areas, depending on the spe- braska facing the uncertainty of legal I think it really is an abuse of the situ- cialty and where they choose to live. challenges to existing caps, and will re- ation rather than an effort to rectify Frankly, there are a lot of people who sult in a faster, fairer, simpler medical it. That is why I am opposing it. will suffer if we don’t do something liability system that protects both pa- We had testimony a few weeks ago about that. Obviously, the doctors tients and doctors. from the Bush administration, a doctor themselves who have dedicated their The economic benefits of medical from the Department of Health and lives to the medical profession want to lability reform are substantial. Human Services, saying that medical see some solution to this. I do as well. CBO estimates that if legislation malpractice in America has reached But the patients who are served by such as S. 11 is signed into law, Medi- epidemic proportions—epidemic pro- them are also looking for us to do care, Medicaid and the Federal Em- portions. There are those who estimate something constructive and positive to ployees Health Benefits Programs that as many as 100,000 Americans lose make certain that quality health care would save $14.9 billion in Federal their lives each year because of med- is available across America. spending over the next 10 years. I don’t personally believe S. 11 is up ical malpractice—not because they are State and local governments would to that challenge. I am not even cer- destined to die because of God’s choice save about $8.5 billion. State spending tain it is a step in the right direction. but, rather, because someone has made for Medicaid would decrease by $2.5 bil- There has been lengthy debate about a very serious and fatal mistake in lion over that period—again putting whether or not putting a limitation on their medical treatment—100,000 a that money where we need it the most, the amount that can be awarded to a year. where health care is most urgent. person who has been a victim of med- We also have studies that have come The Joint Economic Committee in a ical malpractice is going to bring down out from Harvard University that sug- May, 2003 report, estimates an addi- malpractice insurance premiums. gest that only 1 out of every 50 cases of tional $16.7 billion will be saved over 10 This bill, S. 11, suggests that rather medical malpractice ends up in a law- years due to reductions in the practice than giving that decision to a jury— yer’s office with a claim against a doc- of defensive medicine. According to a whether it is in Rhode Island or Illinois tor or hospital—1 out of 50. So I say to July 2002 Health and Human Services or Nebraska—that decision on how those who support this bill, if you do report, States with reasonable caps on much an injured patient should receive not look at the underlying incidence of noneconomic damages saw premium in- will be made by a jury of 100 U.S. Sen- medical malpractice in this country, creases of 12 to 15 percent in 2002 com- ators. We will pass a bill that says: Re- simply limiting the amount that an in- pared to 44 percent in States without gardless of what has happened to you, jured person can recover is no guar- caps on noneconomic damages. what happens to your family as a re- antee you will not face an avalanche of Dr. Daniel Kessler, a professor at the sult of medical negligence and medical cases coming at you for medical mal- Stanford Business School, and Dr. malpractice, you will be unable to re- practice. We have to go to the under- Mark McClellan, a former Stanford cover anything more than $250,000 for lying issues in how to deal with it. University economist who is currently your pain and suffering. Oh, yes, they It is interesting to me, as well, how FDA Commissioner, in a February 2000 will pay the medical bills. And if you many elements are being overlooked study, looked at spending cuts after have lost wages, those will be paid, too. during the course of this debate. All tort reform, beyond claim payouts and But when it comes to pain and suf- the debate on the floor has been about insurer expenses. fering, regardless of whether you are 6 doctors: States that do not have doc- They concluded that States adopting years old, 60, or 96, there will be a limi- tors, communities that do not have ob- direct reforms exhibited reductions in tation of $250,000 which can come your stetricians to deliver babies, red maps hospital expenditures of 5 percent to 9 way. brought before us to show State after percent, but this did not result in high- Now, $250,000 in the abstract sounds State where doctors are facing prob- er patient mortality rates or an in- like a large sum of money—until you lems. crease in serious medical complica- sit down and consider the cases, the ac- But read this bill. This bill isn’t just tions. tual people who have been affected by about doctors. This bill is about pro- If these savings were generalized to medical malpractice. tecting HMOs, managed care insurance all medical spending, a $50 billion re- In a few moments, I am going to talk companies, pharmaceutical companies, duction in national health spending about a number of them, some of whom medical device companies, and nursing

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I cial interests: HMOs, managed care in- This is another question asked of read from a book entitled ‘‘The Wall of surance companies, which many times these doctors in this Health Affairs Silence,’’ written by Rosemary Gibson make decisions which can be as lethal study that came out today: If ‘‘some- and Janardan Singh. This is a quote and fatal as any decision made by any times’’ or ‘‘more often’’ you decide not from the book: doctor. to offer a useful service because the in- Experienced nurses as well as newly-mint- I think most Americans know of surance company tells you you can’t, ed nurses are leaving patient care at the bed- what I am speaking. When an HMO are you doing so more often, less often, side at a time when other job opportunities exist. Their knowledge and skills are valued that you are a part of or a managed or about as often as you were 5 years in pharmaceutical companies, managed care care insurance company that your fam- ago? Most of them say unchanged: 55 organizations and information technology ily is a part of makes a decision as to percent. But 35 percent say ‘‘more firms. How many are leaving? It is hard to whether or not they will pay for a diag- often.’’ say precisely. The Federal Government’s Bu- nostic test, a laboratory procedure, So you have doctors who are increas- reau of Health Professions issued a report your hospitalization, or a surgery, ingly finding insurance companies showing that about 50,000 fewer nurses were making decisions on what you, your using their licenses in 2000, as compared with when they decide how many days you 1996. can stay in the hospital, they are, in mother and father, your wife or hus- As our population ages, as the de- fact, dictating medical care in the band or child is going to receive in mand for nurses increases, the number name of profitability. They want to terms of medical care. Is that the an- of nurses in America diminishes. We make more money. They would like to swer to this issue, that we are going to have seen that when there are fewer keep you out of the hospital as much say that HMOs will make these deci- nurses in a hospital, there is more like- as possible, reduce your costs as much sions, and when they are wrong, and lihood of medical mistakes, medical people are injured, and these poor peo- as possible, and they make medical de- malpractice, and medical injuries. Has ple then turn to a court and ask for cisions. that even been mentioned in the course It is interesting that today a report some compensation for their injury, of this debate? Has anyone talked came out. It is a report that was pub- they will be limited not only in what about the HMOs and their impact on lished by Health Affairs, and those who they can recover from the doctor or the medical practice? Has anyone talked prepared it are people from the Amer- hospital but even the HMO insurance about the shortage of nurses and the ican Medical Association based in Chi- company? That is what this bill says. fact that it is leading to more medical cago: Matthew Wynia, Jonathan That is what this bill is designed to do: mistakes, leading to more lawsuits VanGeest, Deborah Cummins, and Ira to insulate from liability even HMO in- filed against doctors and hospitals. In- Wilson. This report is entitled ‘‘Do surance companies which are respon- stead what we have had in this debate Physicians Not Offer Useful Services sible for more and more doctors mak- is a strict debate, limited to the ques- Because Of Coverage Restrictions?’’ ing medical decisions which they be- tion of how much injured parties can They surveyed doctors across Amer- lieve, based on their training and expe- recover once they face medical mal- ica and asked them the question: How rience, are not the right decisions for practice, once the injuries have oc- often have you decided not to offer a their patients. I do not think that is curred. useful service to a patient because of fair. I do not think it treats people as I would like to introduce in the de- health plan rules? they should be treated. bate now some real-life stories about I have talked to doctors who have Let me mention a couple other items. people who have been victims of med- told me many times that is happening We have a nursing shortage in Amer- ical malpractice. As I mentioned ear- more often than they would like to ica. It worries me. I am reaching an lier, some of them were kind enough to admit. age when I am thinking about the day join Senator LINDSEY GRAHAM and my- Let me show you a chart which tells when I want to punch a button at a self earlier this morning when we held you what they found in asking doctors hospital or some other place to call a a press conference and introduced our across America that question. They nurse and hope that someone shows up. version of a bill which we think is a were asked this question: How often But the likelihood that is going to more reasonable approach to dealing have you, as a doctor, decided not to occur is diminishing because we have a with the medical malpractice challenge offer a useful service to a patient be- nursing shortage, and it is a serious we face in America. cause of health plan rules, insurance shortage. The first person is Colin Gourley. rules? In this case, ‘‘very often,’’ 2 per- As America’s population ages, we Colin is on your left as you view this cent; ‘‘often,’’ 6 percent; ‘‘sometimes,’’ need more nurses to take care of us in picture here in the striped shirt. This 23 percent; ‘‘rarely,’’ 27 percent. Even if convalescent homes and nursing homes is his twin brother Connor. Nine-year- you take the ‘‘very often,’’ ‘‘often,’’ and hospitals and other places. Sadly, old Colin Gourley, from the State of and ‘‘sometimes,’’ you have 31 percent those nurses are not as plentiful as Nebraska, suffered a terrible complica- of the cases. Almost a third of the time they once were. tion at birth as a result of a doctor’s doctors are saying they are making de- Let me tell you about a report from negligence. Colin has cerebral palsy. cisions not to provide a useful service the Journal of the American Medical He cannot walk. He could not speak to a patient because the health insur- Association that relates to the issue of until he was 5 years old. He has irreg- ance company tells them they will not malpractice and the shortage of nurses. ular brain waves and the amount of pay for it and they cannot do it. This is a report from October of 2002 time he has spent in a wheelchair has Now, that isn’t part of this debate. from the Journal of the American Med- affected his bone growth. He has had No one has brought into this conversa- ical Association. They published the five different surgeries, and he needs to tion the question as to whether or not results of a study that, for the first sleep in a cast every night to prevent HMOs, in the way they are treating time, showed that the number of pa- further orthopedic problems. His twin doctors, are having some impact on tients who die in the hospital increases brother Connor survived birth without medical malpractice and injuries to pa- when nurses are assigned to care for any injury. tients. No. What we are doing for HMOs too many patients. An estimated 20,000 A jury ruled that Colin was a victim is not holding them accountable but, people die each year in hospitals from of medical negligence. They decided rather, saying we are going to give medical mistakes attributed to nurses that because of that medical neg- them even more privileges under law. caring for more patients than they can ligence the Gourley family was enti- We are going to insulate them from the handle. tled to receive $5.6 million. That was liability of these bad decisions. So the This accounts for 20 percent of the what was needed to compensate him insurance companies, particularly the nearly 100,000 deaths annually from for his medical care and for the life- HMOs, are running rampant across the medical mistakes. While a link be- time of suffering and problems which

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9029 he will face. Last month, the Nebraska this morning. She told her terrible a stay-at-home mother with her fam- Supreme Court upheld a Nebraska law story. This is Sherry Keller from Con- ily. For a Senate that is supposed to be that severely cut this jury verdict to yers, GA. Sherry is shown in her wheel- dedicated to family values, it is hard to about one-fourth of the award. As a re- chair. That is where she was today understand how Sherry’s case tells sult, Colin will have to rely on the when she came to speak to us. She that story. State of Nebraska and the Federal Gov- stood up and said: I am from Conyers, The next person I would like you to ernment for assistance for the rest of GA, and I am a registered Republican. meet is Evelyn Babb of Tyler, TX. This his life. I want to make that clear. case is similar to many you may have The jury understood what the case I said: We have Republicans and read about. She is a bright, happy- was worth. The jury got to meet Colin, Democrats and Independents. Then she looking person in this picture. She his brother, his two sisters, and mom told her story. needed arthroscopic surgery on her and dad. The jury heard what happened Sherry Keller received a complete right knee for a torn lateral meniscus. that led to this terrible medical mal- hysterectomy. Her surgeon relied upon Her doctor marked her right knee to be practice, and the jury decided in fair- staples rather than sutures to hold her operated on with an X. However, the ness that he and his family were enti- incision closed. Upon having the sta- hospital staff negligently prepared her tled to $5.6 million. Yet the law came ples removed, Sherry’s incision began left knee for surgery. Without in and said: I am sorry. We have to to bleed. The surgeon began cleansing verifying whether the staff had prop- limit you—a law similar to the one we the wound. Unfortunately, the incision erly prepared the patient, the doctor are considering in the Senate this opened. I won’t go into the graphic de- proceeded to operate on the knee which evening, a law which will say no jury tails. But the doctor in that situa- the staff had prepared. He began per- in Nebraska nor Illinois nor North tion—this happened at the doctor’s of- forming the partial lateral Carolina is going to make that deci- fice—apparently panicked and left her meniscectomy before he realized he sion. This decision will be made by a alone in the room for 35 minutes when was operating on the wrong knee. The jury of 100 United States Senators, and the doctor went to call a wound spe- staff then prepared the other knee, and we will decide, in the case of Colin, cialist. She left her lying on an exam- the doctor performed the operation as that no matter what his life may be, ination table. The doctor continued to previously planned. whether it is 5, 10, 20, 50, or 80 years, see other patients while the specialist Due to the unnecessary surgery on the maximum amount we will pay for was on the way and left Sherry in that the one knee, Mrs. Babb’s recovery was his pain and suffering is $250,000. examining room for 35 minutes. Sherry considerably longer and more painful What may have sounded like a large went into shock from loss of blood, lost than it would have been. She has se- amount of money at the beginning of consciousness, and fell off the exam vere pain and swelling in her left knee this conversation, as we understand as table. There was no one with her. Her and a lingering infection. She con- we consider each and every case, be- head hit the counter as she fell. She tinues to suffer from pain, has dif- comes an amount which is hardly ade- came to but in the process damaged her ficulty walking, and has a markedly quate to take care of what Colin is spinal cord and rendered her an incom- decreased range of motion in her knee. going to face, as well as his family. plete quadriplegic. She dragged herself As an elderly woman of 75, Mrs. Babb Let me introduce you now to Kim out in that condition into the hallway will suffer no loss of income, however, Jones. This is a picture taken before to get the attention of a nurse or doc- and there will be few, if any, additional Kim’s medical malpractice. As you can tor to come to her aid. The doctor medical expenses because there is see, she is a lovely, proud mother from called for an ambulance but gave direc- nothing that could be done to improve King County, WA. She was 30 years old tions that she should be transported her condition. Virtually all of the dam- and she remains severely brain dam- only. She, the doctor, left instructions ages she could recover for this obvious aged and in a comatose state today that a doctor would go to the emer- malpractice would relate to the pain after undergoing routine tubal ligation gency room to dress the wound later. and suffering she would endure. This surgery following childbirth at the Sherry was then left in the emer- bill has decided how much her case is Washington State Medical Center. gency room for 21⁄2 hours waiting for a worth: no more than $250,000, period. After the operation, the hospital staff doctor to treat her wound. As a result When you look at that situation, a failed to notice that Kim had stopped of that fall in the office, Sherry will person who is retired, with no active breathing since her vital monitors had never walk again. As she was not em- income, and with limited medical bills, been improperly removed. Though suc- ployed outside the home, she has no but a serious medical outcome, it is an cessfully resuscitated, Kim suffered lost income for her injury. Her dam- indication of the unfairness of this un- multiple seizures and was given seizure ages were virtually all medical bills derlying bill. control medication that actually wors- and pain and suffering. Here she is, a This case I will tell you about now ened her condition. She was later woman, some 35 years of age, who faces involves Heather Lewinsky from Pitts- taken by helicopter to another medical a lifetime in a wheelchair now because burgh, PA. Seventeen-year-old Heather facility. of malpractice. Lewinsky’s face remains scarred for Today Kim is unable to control her This law we are considering would life after a Pittsburgh plastic surgeon bodily functions. She has no pay her medical bills but say that the performed radical surgery to correct a discernable mental function and is total amount of compensation for her skin disorder near the left corner of her being cared for at a convalescent cen- for the pain and suffering she and her mouth when she was 8 years old. ter. Kim’s father filed a lawsuit against family will go through is limited to The doctor claimed to have done this the hospital and the anesthesiologist. $250,000. Some Senators as jurors have procedure on children many times be- The case is still pending. decided that in her case $250,000 is ade- fore when, in fact, neither he nor any Kim is standing there at a better quate, thank you. doctor in the United States had ever time before the medical injury with I think a jury has a right to consider done the surgery to treat a condition her daughter. Now she is in a nursing that case. A jury has a right to con- such as Heather’s. Following the oper- home or convalescent home for the rest sider whether that doctor is guilty of ation, Heather was left with horrific fa- of her natural life. What is it worth? malpractice and whether this woman cial scarring and a terrible stroke-like After the medical bills are paid, after and her family are entitled to more tugging at the corner of her mouth. her lost income is paid, what is it than $250,000. The fact that she was at The doctor attempted to fix the prob- worth to her, to her daughter, to her home raising her children, because of lem with two additional surgeries, parents? According to this bill, we this bill, will be used against her. She which made it even worse, forcing her know exactly what it is worth. It is has no job where she earns a paycheck, to undergo 10 more operations with worth no more than $250,000 for the but she has a real job as far as America other doctors between the third and pain and suffering she will endure for is concerned; she was raising her fam- tenth grades. the rest of her life. ily. The pain, swelling, and recuperation Now let me introduce you to a young And now look at this situation. This with each procedure were excruciating. lady who made quite an impact on us bill will actually penalize her for being Heather and her family filed a lawsuit

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9030 CONGRESSIONAL RECORD — SENATE July 8, 2003 against the doctor who only paid a disability policy, he would be penalized Sadly, there haven’t been many peo- small fraction of the jury verdict be- in a court of law by the disclosure of ple who have used it. Consider this cause he had insufficient insurance this insurance and this disability pol- fact: coverage. icy. The data bank is an effective information This is an indication of a young lady That isn’t done today in any court in tool only if hospitals and other health orga- who is scarred for the rest of her life. America, but it would be done under nizations actually report adverse actions in- What is permanent disfigurement this bill. S. 11 has decided that is a fair volving a health care professional. Federal law requires this information to be reported. worth if it is the result of medical mal- way to deal with medical malpractice. practice? A point will be reached when But hospitals are not complying. Since the I think most Americans would dis- data bank was established, more than 60 per- no more surgeries will be indicated; agree. What they believe is, if you put cent of hospitals have never reported any ad- they won’t add much to her improve- a cap or limit on the recovery of a per- verse action [against a doctor that occurred ment. She may not have lost wages, son who is a victim of medical mal- on the premises.] It was expected that hos- but she is scarred for life. As far as this practice, the malpractice insurance pitals would report more than 1,000 discipli- bill is concerned, permanent disfigure- premiums may come down. They hope nary actions every month, yet fewer than ment because of medical malpractice is if they come down, the threat to the 1,000 are reported in a year. worth $250,000, not one penny more. lifestyle and future careers of doctors Managed care organizations, which The last case I want to talk to you is going to be diminished. Yet when are protected by this bill from liabil- about is a case that involves Alan you look at the studies—the Weiss ity—the HMOs and managed care orga- Cronin of California. In the year 2000, study, for example—you find the oppo- nizations which, again, receive pre- Alan Cronin, then 42 years old, went site is true. ferred treatment by the Senate under into the hospital for a routine hernia States with limitations on what can this bill—are not doing much better. surgery. Alan was married with three be recovered in court had a higher per- From September 1, 1990, to September 30, children at the time—two of them still centage increase in malpractice pre- 1999, [the managed care organizations in at home. He goes in for a routine her- America] reported only 715 adverse events to miums between 1991 to 2001 than States nia surgery. After the surgery, two the data bank. Eighty-four percent of them without caps. So not only is this pro- doctors failed to diagnose an acute in- have never reported any adverse action. The posal in S. 11 fundamentally unfair, it fection following the routine hernia re- investigative arm of the Federal Department is totally ineffective. What we are pair. The doctors treated him as of Health and Human Services, the Office of doing is seeing, frankly, this battle be- the Inspector General, notes that ‘‘with close though he had the flu rather than in- tween the White House and the people to 100 million individuals enrolled in [man- specting the surgery site. He became who are gearing up for some Presi- aged care organizations and HMOs] and hun- septic and suffered toxic shock. Once dential campaign and the American dreds of thousands of physicians and dentists the doctors finally opened the surgery associated with them, fewer than a thousand trial lawyers. That is what this is site, the pus and sepsis were so over- adverse action reports over nearly a decade about. It is not about malpractice pre- whelming that they told Alan’s family of service, for all practical purposes, are re- miums, bringing them down. It is not that he had a 98-percent chance of ported. about the incidence of malpractice and dying. Gangrene had set in and all of So the efforts we put in place to reducing it. Frankly, it is about a po- Alan’s limbs were amputated. When he track medical malpractice, to try to litical battle which should be sec- awoke from his coma, he no longer had weed out the bad actors, to try to take ondary to the more important issues arms or legs. the doctors away who perform some of Alan was a customer service rep- before us. these acts of malpractice have been in resentative for a medical equipment S. 11, as it has been brought to us vain. manufacturer. Workers’ compensation today, is a bill against which I have led Hospitals, HMOs, managed care orga- paid for all of his medical bills, includ- the fight. I am sorry I have to do it in nizations, have refused to report the ing future expenses. He also had a pri- one respect, but I am proud to do it in bad actors. Yet our answer on how to vate disability policy that was used as another. I am sorry because this should deal with that situation is S. 11. We are an offset against future economic dam- not be the bill we are considering. We going to limit the amount of money ages. ought to be coming before the Amer- victims can recover. Is this totally up- In speaking with Alan about the cap ican people with a bill that addresses side down? on noneconomic damages, he says that this problem in its entirety and in a Should we not start with the premise there are so many things that you fair way. We ought to bring into this that we want to limit the amount of don’t think of as necessities, and conversation medical providers across malpractice itself and medical error in $250,000 could not begin to cover those America. We should sit down and have America and then follow through to expenses. Alan, 42 years old, has had an honest and open conversation about the next and obvious question: When the amputation of his arms and legs how to reduce medical injuries and doctors are going to buy insurance, from medical malpractice. How much medical errors. That would be good for how can we help them secure reason- is the suffering and pain that he will everyone. I am sure doctors could tell ably priced malpractice insurance poli- endure in the next 30, 40 years of his us ways to do that. cies? That, of course, would mean life worth? We know in the Senate. It Let me give you an example of what bringing in the malpractice insurance is worth $250,000 and not one penny we have tried to do in the past. We de- companies and reinsurance companies. more. cided at one point that we would create Incidentally, there is one thing I said Incidentally, there is another provi- a national registry to try to find out yesterday that we are going to look sion in the bill. Because Alan had the how often we have these incidents of into. It was my understanding from re- foresight to work for a company that problems. With that national data ports we received that there were five provided him with health insurance bank, we would say to hospitals that reinsurance companies available to that covered some of his medical bills before you hire a doctor on your staff, U.S. insurers. A call today to the Illi- after the medical malpractice, and be- you can check to see whether he has nois State Medical Society said they cause he also had a private disability had his license suspended or has been work with 9 or 10. I want to make sure policy that will help him with some of sued successfully for malpractice. In the record is corrected and reflects the his expenses as he tries to struggle the 1980s, we established that—my col- fact that at least we are trying to come through rehabilitation and rebuilding league, Ron Wyden from Oregon, was to the right number of reinsurance his life, that information, according to then a Congressman who proposed the companies. Regardless of whether it is the bill, should be brought up in the legislation. He thought if this data 5 or 50, the reinsurance companies have trial. As a former trial lawyer, I can bank were present, we could find the to be part of this conversation as to tell you it is being brought out so as to limited number of doctors who are how we are going to reduce the cost of encourage the jury to diminish any most responsible for malpractice and malpractice insurance for doctors and award they are going to give to Alan make certain that they either change hospitals across America. Cronin. Because he had the foresight to their ways or get out of the practice of The third point, and equally impor- pay for health insurance and a private medicine. It was certainly a good idea. tant, and I speak to this one as a

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9031 former trial lawyer myself, is that the higher medical malpractice insurance tunity stands before us today. I hope legal profession has to be part of this rates than the State of Illinois without we do not let it slip through our fingers conversation. We have to say those caps. once more. lawyers who would consider filing a The belief that in passing this bill I remember as a young lawyer in the frivolous lawsuit are going to face se- and establishing caps across America early days of my practice in Pitts- vere penalties. They will have to pay we are going to bring down malpractice burgh, PA, the law basically was, if compensation of cost and fees associ- insurance premiums I do not think is a you met the standard of practice in the ated with those cases, and if, in fact, reasonable conclusion, which is borne community, there was no case because they are found to have done it repeat- by the evidence presented here, and everybody knew that medical science edly, we can prohibit them from that this comes from an analysis of the is not an exact science. Once they field of practice completely. medical liability monitor data, the adopted the doctrine of informed con- I add, based on my personal experi- same monitor data used by both sides sent in its various forms, it meant that ence, it would take an absolute fool as of the debate. every case goes to the jury, regardless; a lawyer to entertain a medical mal- I understand the Senator from Utah every case that has a bad result, even practice case that really did not have a is here and would like to speak. I close though the doctor did everything in his chance of success and that could be at this point by saying what I said at or her power to effectuate a decent re- considered frivolous. Those cases in my the outset, and I repeat today, I value sult. And we have had this medical li- State of Illinois are extremely expen- very much the medical profession. ability catastrophe upon our hands sive. You start with a certification by They have meant so much to me and ever since. a doctor that you actually have a jus- my family. I have entrusted the care of I can remember as a defense lawyer, tifiable cause of action before you file my greatest treasures on Earth—my my advice to some doctors was that your complaint. An important consid- wife and children—to great doctors, they needed to do everything they pos- eration in taking these cases up is and I thank God they were there when sibly could to make sure there was ab- whether or not you can move them for- we needed them. solutely no way they overlooked any- ward to recover for the plaintiff who is I want them to continue in practice. thing with regard to any person’s com- injured. If you do not think you have a I want them to feel good about what plaint. If a person came in to them chance, you have to tell that sad news they do for a living. I do not want them with a common cold, they could no to the client who sits in your office, looking over the shoulders at lawyers longer say: Take two aspirin every 6 and I have done that. who are filing frivolous lawsuits. I do hours, drink all the liquids you can, Frankly, you have to honestly tell not want them facing 35-percent in- and in 7 days you will be better. Or: many people who are seriously injured: creases in malpractice premiums they Don’t do anything and in 7 days you I do not think you have a case on cannot cope with, that they cannot will be better. No, they have to give which you can recover. pass on to patients, that force them to vascular and respiratory examinations, We have to bring together, if we are make decisions that, frankly, are not blood tests, et cetera. As a result, what serious about medical malpractice, the in the best interest of good medicine. used to be a $5 bill in those days, or at doctors who can speak for their profes- Today, during the course of our press most $15 or $20, is far more today. Of sion, nurses who can help us under- conference with these victims of med- course, I believe unnecessary defensive stand how we can bring more medical ical malpractice, one of the staff in the medicine such as that has driven our professionals to the job to reduce the back of the room fainted. When he country to its knees from a medical li- likelihood of medical injuries, HMO in- fainted, we stopped everything and ability standpoint. surance companies that have to be told somebody said: Call a doctor. How Today, defensive medicine increases they can no longer dictate sound med- many times have we heard that said? health care costs by $60 to $108 billion ical practice, where doctors are told We say it because we all know in those per year according to the Department what they have to do regardless of dire emergency situations and in ev- of Health and Human Services report of whether they think it is right profes- eryday situations, we need the medical last year. sionally. We have to bring in the insur- profession. As I have noted previously, out-of- ance companies to make certain the I said at the outset of this debate, control medical liability litigation is rates they charge are reasonable, and and I repeat, I stand ready to sit down needlessly increasing the cost and de- lawyers have to be brought in as well with anyone in good faith who wants to creasing the quality of health care for so they are involved in responsible con- deal with the medical malpractice cri- every American. It is preventing pa- duct which is focused more than any- sis facing America. Let us deal with tients from accessing high-quality thing else on recovery for the patient this in its entirety and in an honest health care or, in some cases, any care or claimant involved. That is what this fashion. Let us ask everyone to make a at all because doctors are being driven is about. sacrifice—the doctors, the lawyers, and out of practice. The idea that by limiting recovery the insurance companies—and then I I was pleased that President Bush an- for the victims we have talked about think we can come up with a bill that nounced his desire to address medical here is going to solve the problem just is worthy of the Senate. liability legislation reform last sum- will not work. For us to deliberately limit the mer when he spoke of the need for re- Let me use this chart as an illustra- amount of money available to these form in his State of the Union Address tion as well. Here are two States in the victims with tragic stories, which I and when he called on us to pass mean- Midwest: One I am very familiar with, have brought to the Senate today, is ingful medical liability reform legisla- my State of Illinois, and a neighboring fundamentally unfair. It is as unfair to tion in this Congress. I am pleased that State, Michigan. They are comparable those victims as those malpractice pre- our majority leader, Dr. FRIST, has States in makeup of the population in miums are unfair to many of the doc- brought the Patients First Act forward rural areas and urban areas. They are tors who are paying them today. to be debated today. big States by most standards. Madam President, I yield the floor. Our colleagues, Senator ENSIGN from Michigan has caps and limitations on The PRESIDING OFFICER. The Sen- Nevada, who introduced this bill, and how much a person can recover in ator from Utah. Senator MCCONNELL from Kentucky, court. Illinois does not. Here we take a Mr. HATCH. Madam President, I rise deserve special recognition and thanks look at the professional liability insur- to speak about the medical liability for their work on this bill as well. ance that is being paid in these two and medical crisis threatening our Of course, this was not the first time States as of October of last year. We great Nation. Over the years, I have we have addressed this issue. As many will see in the State of Michigan, OB/ pressed for legislation to protect our of us will recall, we passed medical liti- GYNs on average are paying more than health care delivery system from the gation relief language with the Com- in the State of Illinois that does not ravages of an out-of-control medical li- monsense Product Liability and Legal have caps. With surgery, it is the same ability system. Reform Act in 1995. Unfortunately, it story. With internal medicine, it is the Many times we have come close to was stripped from that bill in con- same story. Michigan, with caps, has enacting legislation, and a giant oppor- ference.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9032 CONGRESSIONAL RECORD — SENATE July 8, 2003 I am sorely disappointed that in the the economy and problems with State In 1985, less than 1 percent of all ensuing 8 years we have not addressed insurance regulations are responsible. awards exceeded $1 million. In 2001, this problem. As a result, the problem But, in addition, we heard from the over 8 percent of awards were $1 mil- has continued to fester like an infec- Texas State insurance commissioner lion or higher. The data is very clear. A tion that will not heal. Worse yet, this and from the president of Physician In- high percentage of medical liability infection is spreading to all parts of surance Association of America, rep- claims are frivolous. Average and me- our country. resenting provider-owned or operated dian claim payments are increasing This map which has been utilized insurance companies that provide in- rapidly and the percentage of mega throughout this debate, and I think surance for the majority of American awards, those greater than $1 million, properly so, with data supplied by the doctors. increased dramatically as shown on American Medical Association, shows One reason they do is not because the this particular chart. the States that currently are experi- insurance companies are so awful. It is It seems clear to me that out-of-con- encing a medical liability crisis and because the insurance companies will trol medical liability litigation is driv- those that are showing signs of a devel- not handle this type of coverage any ing the increase in premiums, not the oping crisis. The 19 red States are cri- more. The reason they will not is be- economy and not a problem with the cause of the exposures they are facing. sis States. Nineteen of the 50 States insurance industry which some would So they have turned now to provider- are crisis States. The 26 yellow States try to make it. It is not just the doc- owner and operated insurance compa- are showing problem signs. Only 5 tors but all Americans who are paying nies. States are currently OK. The red ones the price. This is a national problem are in crisis. The yellow ones are about These gentlemen face this crisis and its consequences every day. Their data and one that requires a national solu- to be in crisis. The white States are tion. currently OK generally because they and their studies, as well as those from In my letter of March 12 to Budget have passed medical liability litigation the Department of Health and Human Committee Chairman NICKLES and reform legislation like S. 11. Services, show that increasingly fre- To contrast this for my colleagues, I quent frivolous lawsuits and sky- Ranking Democrat CONRAD, I empha- must note that on a map with last rocketing awards are responsible for sized the important implications of year’s data, only 12 States were in cri- rapidly rising premiums. medical liability litigation on the Fed- sis. In March, it was up to 18. Now it is Have the recent downturns in the eral budget. In that letter, I wrote: 19. The problem is growing and it economy and the stock market af- The Federal Government pays directly for reaches from coast to coast. fected medical liability premiums? health care for members of the armed forces, There are very unfortunate con- Possibly. But this does not appear to veterans, and patients served in the Indian sequences to this crisis—doctors forced be a major cause of the current crisis. Health Service. The Federal Government to quit practicing, trauma centers clos- Look at this chart. This is a chart provides reimbursement for the Medicare showing how insurance companies that and Medicaid programs. According to the De- ing, babies being born by the roadside, offer medical liability coverage allo- partment of Health and Human Services’ and, yes, people dying. These are all cate their assets. As this chart shows, March 3, 2003, report . . . the Federal Gov- due to out-of-control litigation and between 1997 and the year 2001, insur- ernment spends $33.7 billion–$56.2 billion per soaring medical liability insurance pre- year for malpractice coverage and the costs ance companies invested conserv- miums. of defensive medicine. atively, primarily in bonds—that is The crisis is particularly acute in the That is $33.7 billion to $56.2 billion a farming and ranching communities of corporate in red, Government in green, which is the middle line, and municipal year just for malpractice coverage in rural America where obstetricians and bonds in purple. A minority of funds, these areas of Federal Government family practitioners, some of whom only about 10 percent, happens to be in- medicine. have been delivering babies for 25 vested in equities, which is shown in years, are quitting their obstetrical That report states: the yellow. practice. As a result, there is an in- reasonable limits on noneconomic damages This conservative investment strat- would reduce the amount of taxpayers’ creased shortage of obstetricians in the egy minimizes the effect that changes rural west, including in my home State money the Federal Government spends by in the stock market have on insurance $28.1 billion to $50.6 billion per year. of Utah. premiums. In fact, there is good evi- Studies by both the Utah Medical As- dence that increasing medical liability Now I continued to write: sociation and the Utah chapter of the awards are responsible for increasing In my view, Federal legislation that would American College of Obstetricians and premium costs. decrease costly frivolous medical liability Gynecologists underscore the problem. This pie chart with data from the lawsuits and limit awards for noneconomic According to the Utah Medical Asso- Physicians Insurance Association of damages is necessary, not only to ensure pa- ciation: America shows the outcome of medical tient access to health care, but to curb in- 50.5 percent of family practitioners in Utah liability cases. The area in the orange, creasing Federal health care costs. Because have already given up obstetrical services or of the substantial and important budgetary almost 68 percent of the pie, represents implications, particularly to the Medicare never practiced obstetrics. Of the remaining medical liability cases that were 49.5 percent who still deliver babies, 32.7 per- and Medicaid Programs, we request that the cent say they plan to stop providing OB serv- dropped or dismissed. In other words, a budget resolution include language calling ices within the next decade. Most plan to vast majority of cases are frivolous to for medical liability legislation reform. begin with. In those cases, the plaintiff stop within the next five years. I am pleased to report the budget res- received no award because no harm was The Utah study examined the causes olution we passed in the Senate recog- found. Yet these frivolous lawsuits cost of the crisis also: nized the tremendous impact of med- money, an average of at least $25,000 Professional liability concerns were given ical liability costs. The budget resolu- per case, and those costs increase the as the chief contributing factor in the deci- tion included $11.3 billion in savings costs of medical liability insurance. sion to discontinue obstetrical services. over 10 years as a result of medical li- Such concerns include the cost of liability This next chart shows the growth in insurance premiums, the hassles and costs median—that is the blue line and the ability reform based on CBO calcula- involved in defending against obstetrical average in red—medical liability claim tion. The Medicare Program alone lawsuits and a general fear of being sued in payments between 1989 and the year would save $7.9 billion while Medicaid today’s litigious environment. 2001. Prior to 1995, median and average would save $2.9 billion. The remaining Although many blame out-of-control claim payments increased readily, as savings would occur in the Federal Em- litigation, others believe that the we can see. But the rate of growth for ployees Health Benefits Program and downturn in the economy caused the both increased dramatically after 1995. the Department of Defense. crisis. In an attempt to identify the Finally, this next chart shows the What if we had that money to help cause, in February Senator GREGG and growth in million dollar ‘‘mega ver- with the poor? It would certainly do a I held a joint hearing of the HELP and dicts’’ claim payments equal to or lot of good, more good than is being Judiciary Committees. We heard from greater than $1 million between 1985 done by spending it on medical liabil- a lawyer who believes the downturn in and 2001. ity.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9033 But it is not only the Federal Gov- increased by only 182 percent. As a re- The task before us is to design a sys- ernment that is affected. Medical li- sult of MICRA, California has saved tem that protects both the patient and ability litigation directly and dramati- billions of dollars in health care costs, the provider. S. 11, the Patient First cally increases health care costs for all and Federal taxpayers have saved bil- Act of 2003, which I am proud to co- Americans. lions of dollars in the Medicare and sponsor, includes provisions that have What is more, skyrocketing medical Medicaid Programs. been shown to work that are fair to all litigation costs increase health care The March 2003 report goes on to concerned. So S. 11 would encourage costs indirectly by changing the way state: speedy resolution of claims by pro- doctors practice medicine. In an effort A leading study estimates that reasonable viding a reasonable statute of limita- to avoid frivolous suits, doctors often limits on non-economic damages such as tions. The bill provides for unlimited feel compelled to perform diagnostic California has had in effect for 25 years, can awards for economic damages, and it tests that are costly and unnecessary. reduce health care costs by 5–9% without limits awards for noneconomic dam- This defensive medicine is wasteful. ‘‘substantial effects on mortality or medical ages to $250,000. complications.’’ With national health care Unfortunately, for doctors, it has be- expenditures currently estimated to be $1.4 Moreover, S. 11 does not preempt come a necessity. trillion if this reform were adopted nation- State limits on awards for damages, I hate to admit it, but I am partly really, it would save $70-$126 billion in health noneconomic or otherwise, even if the sponsible for that myself because, care costs per year. State limits are higher than those im- knowing that many doctors are going Now, in our joint HELP and Judici- posed by S. 11. The Patient First Act to be sued unnecessarily and improp- ary Committee hearings in February, limits attorney’s fees, thereby reducing erly, I advised them to do what they we heard from those who believe insur- the costs of medical liability litigation can to protect themselves. Con- ance reform is a cure for this crisis. and channeling award money to where sequently, this defensive medicine is These individuals believe the Federal it belongs, the injured patient. leading to a lot of unnecessary defen- Government rather than the States Normally I am against that, limiting sive medicine. And they have to do it should regulate insurance. Those who the attorney fees, but in this particular or they face unnecessary litigation. advocate Federal insurance regulation case we have to do something. Women According to a recent Harris poll, apparently believe the States and the are going to be without obstetricians. fear of being sued has led 79 percent of State insurance commissioners are not Many people are going to be without doctors to order more tests than are able to accomplish this alone. They surgeons and many will be without spe- medically needed; 74 percent refer pa- suggest that insurance companies are cialists. Young people are not going to tients to specialists more often than colluding to increase premiums. In all go into the profession. Young out- necessary; 51 percent recommend honesty, some of them are getting out standing geniuses who would make invasive procedures that they thought of the business because of the risks and great doctors do not want to go into were unnecessary; 41 percent prescribe exposure they face. the profession. more medications, including anti- There has been little, if any, evidence In addition, S. 11 provides for evi- biotics, that they did not think were during or after our hearing to support dence of collateral source payments to necessary. these allegations. In fact, we heard be introduced in any health care law- Defensive medicine increases health that the State insurance commis- suit. Juries would be made aware of ex- care costs. But the real problem inher- sioners monitor and regulate insurance isting health insurance or other ent in the current medical liability business practices very closely. The sources that compensate individuals system and the resulting process of de- State laws are based on the National for injuries. No longer would Ameri- fensive medicine is that it also puts Association of Insurance Commis- cans compensate an individual twice Americans at risk. Every test and sioners model rating laws that include for the same injury. every treatment poses a risk to the pa- the following language: While there is much to commend S. tient. Every unnecessary test, proce- No insurer or advisory organization shall 11, one provision we should consider dure, potentially puts a patient in attempt to monopolize or combine or con- adding is the carefully crafted cata- harm’s way. spire with any other person to monopolize an strophic exception to the limit on According to the Harris poll, 76 per- insurance market or engage in a boycott . . . awards for noneconomic damages. A cent of the physicians are concerned of an insurance market. carefully worded catastrophic excep- that malpractice litigation has hurt And: tion can provide that individuals who their ability to provide quality care for No insurer . . . shall make any arrange- have particularly severe injuries as a their patients. ments with any other insurer . . . which has result of extremely egregious acts of That brings us to the main question. the purpose or effect of unreasonably re- negligence receive an award for non- What can we do to address this crisis straining trade or lessening competition in economic damages that would be great- today? The answer is, plenty. There are the business of insurance. er than the limit. Nine States have in- excellent examples of what works. The Moreover, insurance companies are cluded such a provision in their stat- March 2003 Department of Health and precluded from increasing premiums to utes. Human Services report describes how make up for past losses. It seems to me Having said that, I must say that S. reasonable reforms in some States have insurance reforms that some have pro- 11 is a very good bill and I believe that reduced health care costs and improved posed not only miss the mark badly, it will accomplish our primary goal of access to, and the quality of, care. Ac- they would do nothing to address the ensuring that Americans have access cording to this report, over the last 2 cause of the crisis and would prevent to health care. years the States with limits of $250,000 State insurance commissioners from What I like most about the ‘‘Patients or $300,000 on noneconomic damages performing their jobs. First Act’’ is that it is true to its premiums have increased an average of I have to say I came away from the name. 18 percent compared to 45 percent in hearing convinced, and I remain con- The bill puts the patient first. States without such limits. vinced, that out-of-control medical Not the doctor. In 1975, California enacted the Med- litigation is the major cause of the cri- Certainly not the lawyer. ical Injury Compensation Reform Act, sis and we have to do something to You see, it is the patient who is MICRA. Again, I will refer to this stop it. The current medical litigation threatened the most by the medical li- chart. This graph shows that MICRA system represents and resembles a lot- ability litigation crisis. slowed the rate of increase in medical tery more than a justice system. This It is the patient who eventually pays liability premiums dramatically, and it system harms patients in many ways. for the increased health care costs and did so without affecting negatively the All Americans deserve the access to it is the patient that suffers most when quality of health care received by the care, the cost savings, and the legal he or she cannot access needed care. State’s residents. protections that States such as Cali- The medical liability litigation crisis The red on the chart is States that fornia provide their residents. This threatens the economic health of our have gone up 573 percent from 1976 to problem has reached crisis proportions, country and the personal health of the year 2000. In California they have and it is high time we end it. every American. It is like a festering

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9034 CONGRESSIONAL RECORD — SENATE July 8, 2003 wound, spreading like an infection Settling 20 of these frivolous cases This proposal would shield HMOs throughout the country. It is time that per year, makes a pretty good living that refuse to provide needed care, we cured this infection by treating it for an attorney, just forcing the insur- drug companies whose medicine has with a proven remedy. S. 11, the Pa- ance companies to pay defense costs toxic side effects, and manufacturers of tients First Act of 2003 is the proven because the insurance company doesn’t defective medical equipment. remedy Americans need and deserve. I want to take the risk of a runaway In the last 2 years, the entire Nation urge my colleagues to join me in sup- jury verdict in a runaway community. has been focused on the need for great- porting this very important legisla- I think what jurors need to know is er corporate accountability. This legis- tion. that in many respects, by allowing out- lation does just the reverse. It would Madam President, I began these re- rageous verdicts in some of these cases drastically limit the financial responsi- marks by stating that, as someone who where there has been no negligence, bility of the entire health care indus- had experience in this field, I have wit- they are basically running this system try to compensate injured patients for nessed an unfortunate transition; a right into the ground. That is what has the harm that they have suffered. transition from the days when the happened. When will the Republican Party start standard of practice in the community As I say, I would have a catastrophic worrying about the injured patients was the rule in most communities, provision in this bill if I could, that ba- and stop trying to shield big business which seemed to me to be a fair rule, to sically would take care of particularly from the consequences of its wrong- a rule of the doctrine of informed con- egregious, gross negligence type cases. doing? Less accountability will never sent, which means the doctor has to so There are reasons for bringing litiga- lead to better health care. inform the patient that the patient tion from time to time. There are good According to professor Sara Rosen- knows all of the risks involved. Well, reasons to weed out those doctors who baum, a nationally respected expert on the patient would have to go to med- should not be in the operating room, health care law at the George Wash- ical school to know all of the risks and those doctors who really are incom- ington University School of Public it would take so much of the doctor’s petent, those doctors who do not do Health: time to advise a patient of those risks what is right. This measure is so vast in scope that it that none of us could afford it. But those are the exceptions, not the reaches every conceivable health care claim There are always risks in surgery and rule. We are finding that far too many against every health care corporation or good doctors are leaving the profession manufacturer of health care products . . . In there are always risks in a number of this sense the measure extends far beyond its clinical procedures. Consequently, be- because they cannot stand this intolerable situation anymore. The country popular billing as one related to the crisis cause no doctor can ever really meet facing physicians and other medical profes- those standards, every one of those cannot stand it, either. sionals in individual practice. With that, I yield the floor. cases go to trial. In this country, jurors The PRESIDING OFFICER. The Sen- In testimony on the companion bill don’t realize by giving outrageous ator from Massachusetts. to S. 11 before the House Commerce awards that are not justified in these Mr. KENNEDY. Madam President, Committee, she stated that the bill was medical liability cases, they are basi- this legislation, S. 11, is not a serious written so broadly that it would shield cally spreading that cost to everybody attempt to address a significant prob- health care companies from claims as in society. lem being faced by physicians in some varied as billing fraud, providing taint- If we do not act, babies will not be States. It is the product of a party cau- ed blood to patients, fixing the prices delivered with the utmost care in the cus rather than a bipartisan delibera- of drugs, deliberately overcharging future. Americans will not have access tion of a Senate committee. It was de- Medicare or Medicaid for health serv- to trauma care. Americans will not signed to score political points, not to ices, making defective implants and have access to the top surgeons. achieve a bipartisan consensus which is violating nursing home safety rules. And if we do not act, unnecessary and needed to enact major legislation. For This legislation is attempting to use costly defensive medicine will con- that reason, it does not deserve to be the sympathetic family doctor as a tinue. I have to say, I have witnessed taken seriously by the Senate. Trojan horse concealing an enormous the increased use of costly CAT scans We must reject the simplistic and in- array of special legal privileges for and MRIs in cases where patients could effective responses proposed by those every corporation which makes a very easily have been treated at a very who contend that the only way to help health care product, provides a health low cost in comparison. You can go doctors is to further hurt seriously in- care service, or insures the payment of right on down the line in almost every- jured patients. a medical bill. Every provision of this thing else. It is getting so that young Unfortunately, as we saw in the Pa- bill is carefully designed to take exist- people in this country cannot afford to tients’ Bill of Rights debate, the Bush ing rights away from those who have have children because it costs so much, administration and congressional Re- been harmed by medical neglect and and it is all driven by this medical li- publicans are again advocating a policy corporate greed. ability situation. I think that is pa- which will benefit neither doctors nor This legislation would deprive seri- thetic. I think it is pathetic for any- patients, only insurance companies. ously injured patients of the right to body to stand on the floor and say this Caps on compensatory damages and recover fair compensation for their in- is not a problem of tremendous concern other extreme tort reforms are not juries by placing arbitrary caps on and, literally, say that it is the insur- only unfair to the victims of mal- compensation for noneconomic loss in er’s fault. practice, they do not result in a reduc- all of these cases. These caps only That just is not the case. In all hon- tion of malpractice insurance preserve to hurt those patients who have esty, it doesn’t take a rocket scientist miums. Not only does this legislation suffered the most severe, life-altering to figure out what the problem is. I fail to do what it claims but it would injuries and who have proven their hate to say it, being a lawyer and hav- do many things that its authors are at- cases in court. ing been a trial lawyer. The problem is tempting to conceal. They are the paralyzed, the brain-in- caused by many in our profession who In reality, this legislation is designed jured, and the blinded. They are the are bringing these frivolous suits. I to shield the entire health care indus- ones who have lost limbs, organs, re- have to tell you that I have seen law- try from basic accountability for the productive capacity, and in some cases yers bring frivolous medical liability care it provides. While those across the even years of life. These are life-alter- suits for one reason and that is because aisle like to talk about doctors, the ing conditions which deprive a person it costs between $50,000 and $100,000 to real beneficiaries will be the insurance of the ability to engage in many of the defend those suits. Many of these in- companies and large health care cor- normal activities of day to day living. surance companies, rather than take porations. This amendment would en- It would be terribly wrong to take the risk of a runaway jury or a forum rich them at the expense of the most their rights away. The Bush adminis- shopping situation, even within in a seriously injured patients, men and tration talks about deterring frivolous state, will pay the defense costs to get women and children whose entire lives cases, but caps by their nature apply out of the case even though the case have been devastated by medical ne- only to the most serious cases which has no merit. glect and corporate abuse. have been proven in court.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9035 A person with a severe injury is not tion really is. It is not about fairness amount spent on medical malpractice made whole merely by receiving reim- or balance. It is about protecting de- insurance rose just 52 percent over that bursement for medical bills and lost fendants. period, less than half the rate of infla- wages. Noneconomic damages com- The amendment preempts State stat- tion for health care services. The in- pensate victims for the very real, utes of limitation, cutting back the crease is rising at virtually one-half of though not easily quantifiable, loss in time allowed by many States for a pa- what other health care services are ris- quality of life that results from a seri- tient to file suit against the health ing. ous, permanent injury. It is absurd to care provider who injured him. Under The White House and other sup- suggest that $250,000 is fair compensa- the legislation, the statute of limita- porters of caps have argued that re- tion for a person paralyzed for life. tions can expire before the injured pa- stricting an injured patient’s right to Caps are totally arbitrary. They do tient even knows that it was mal- recover fair compensation will reduce not adjust the amount of the com- practice which caused his or her injury. malpractice premiums. But there is pensation ceiling with either the seri- It places severe limitations on when scant evidence to support their claim. ousness of the injury, or with the an injured patient can receive punitive In fact, there is substantial evidence to length of years that the victim must damages, and how much punitive dam- refute it. endure the resulting disability. Some- ages the victim can recover. Under the In the past year, there have been dra- one with a less serious injury can be bill, punitive damages can only be matic increases in the cost of medical fully compensated without reaching awarded if the defendant acted ‘‘with malpractice insurance in States that the cap. However, a patient with se- malicious intent to injure’’ or ‘‘delib- already have damage caps and other revere, permanent injuries is prevented erately failed to avoid unnecessary in- strictive tort reforms on the statute by the cap from receiving full com- jury.’’ books, as well as in States that do not. pensation for their more serious inju- This is far more restrictive than cur- No substantial increase in the number ries. Is it fair to apply the same limit rent law. It prohibits punitive damages or size of malpractice judgments has for ’‘reckless’’ and ‘‘wanton’’ mis- on compensation to a person who is suddenly occurred which would justify conduct, which the overwhelming ma- confined to a wheelchair for life that is the enormous increase in premiums jority of States allow. In the very applied to someone with a temporary which many doctors are being forced to small number of cases where punitive leg injury? pay. Caps discriminate against younger damages would still be allowed, it Comprehensive national studies show victims. A young person with a severe would cap them at twice the amount of that the medical malpractice pre- injury such as paralysis must endure it economic damages, no matter how miums are not significantly lower on egregious the defendant’s conduct and for many more years than an older per- average in States that have enacted no matter how large its assets. son with the same injury. Yet that damage caps and other restrictions on It imposes unprecedented limits on young person is prohibited from receiv- patient rights than in States without the amount of the contingent fee which these restrictions. Insurance compa- ing greater compensation for the many a client and his or her attorney can more years he will be disabled. Is that nies are merely pocketing the dollars agree to. This will make it more dif- which patients no longer receive when fair? ficult for injured patients to retain the Caps on noneconomic damages dis- ‘‘tort reform’’ is enacted. attorney of their choice in cases that criminate against women, children, mi- Let’s look at the facts. Approxi- involve complex legal issues. It can mately half of the States have a cap on norities, and low-income workers. have the effect of denying them their medical malpractice damages. Most These groups do not receive large eco- day in court. Again the provision is have had those statutes for a substan- nomic damages attributable to lost one-sided, because it places no limit on tial number of years. The other half of earning capacity. Women who are how much the health care provider can the States do not have a cap on mal- homeowners and caregivers for their spend defending the case. practice damages. The best evidence of families sustain no lost wages when If we were to arbitrarily restrict the whether such caps affect the cost of they are injured, so they only receive rights of seriously inured patients as malpractice insurance is to compare minimal economic damages. Non- the sponsors of this legislation propose, the rates in those two groups of States. economic damages are particularly im- what benefits would result? Certainly Based on data from the Medical Li- portant to these vulnerable popu- less accountability for health care pro- ability Monitor on all 50 States, the av- lations. viders will never improve the quality erage liability premium in 2002 for doc- In addition to imposing caps, this of health care. It will not even result in tors practicing in States without caps legislation would place other major re- less costly care. The cost of medical on malpractice damages was $31,926, strictions on seriously injured patients malpractice premiums constitutes less virtually the same as the average pre- seeking to recover fair compensation. than two-thirds of 1 percent—66 per- mium for doctors practicing in States At every stage of the judicial process, cent—of the Nation’s health care ex- with caps, which was $30,521. it would change long-established judi- penditures each year. For example, in There are many reasons why insur- cial rules to disadvantage patients and 2001, health care costs totaled $1.42 tril- ance rates vary substantially from shield defendants from the con- lion, while the total cost of all medical State to State. This data demonstrates sequences of their actions. malpractice insurance premiums was that it is not a State’s tort reform laws It would abolish joint and several li- $7.3 billion. Malpractice premiums are which determine the rates. Caps do not ability noneconomic damages. This not the cause of the high rate of med- make a significant difference in the means the most seriously injured peo- ical inflation. malpractice premiums which doctors ple may never receive all of the com- This chart clearly reflects that we pay. This is borne out by a comparison pensation that the court has awarded spend $1.42 trillion a year in total per- of premium levels for a range of med- to them. Under the amendment, health sonal health care expenditures. It is a ical specialties. care providers whose misconduct con- very large amount per individual. If we The average liability premium in 2002 tributed to the patient’s injuries will are ever able to get the cost of health for doctors practicing internal medi- be able to escape responsibility for care per individual down to a reason- cine was less—2.8 percent—for doctors paying full compensation to that pa- able amount there would be real sav- in States without caps on malpractice tient. ings. But that isn’t what this is about. damages—$9,552—than in States with The bias in the legislation could not This is about $7.3 billion, and that caps on damages—$9,820. Internists ac- be clearer. It would preempt State laws amounts to just one-half of 1 percent of tually pay more for malpractice insur- that allow fair trdatment for injured all medical costs. Medical malpractice ance in the States that have caps. patients, but would allow State laws to premiums do not contribute to the The average liability premium in 2002 be enacted which contained greater re- overall rise. We ought to address the for general surgeons was almost iden- strictions on patients’ rights than the cost of health care. That isn’t what tical for doctors in States without proposed federal law. This one-way pre- this bill is about. caps—$33,016—than States with caps— emption contained in Section 11(b) Over the last 15 years, medical costs $33,157. Surgeons are paying the same shows how result-oriented the legisla- increased by 113 percent. The total regardless of the State’s tort laws.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9036 CONGRESSIONAL RECORD — SENATE July 8, 2003 The average liability premium for Insurance industry practices are recent. That is from the study by Weiss OB/GYN physicians in 2002 in States sponsible for the sudden, dramatic pre- Rating, Inc. It is not a study that is without caps—$53,163—exceeded the mium increases which have occurred in made up by those of us who are ex- rate for doctors in States with caps— some States in the past 2 years. The pressing opposition. $48,586—by less than 10 percent, a rel- explanation for these premium spikes Doctors, especially those in high-risk atively small difference. can be found not in legislative halls or specialties, whose malpractice pre- Shown on this chart are the figures in courtrooms, but in the boardrooms miums have increased dramatically for: internal medicine, general surgery, of the insurance companies themselves. over the past 2 years, do deserve pre- OB/GYN, and the physicians in States There have been substantial in- mium relief. That relief will only come without caps on damages and the phy- creases in the last 2 years in a number as a result of tougher regulation on the sicians in States with caps on damages. of insurance lines, not just medical insurance industry. A fair reading of that would indicate malpractice. Insurers make much of When insurance companies lose there is virtually little that would re- their money from investment income. money on their investments, they flect itself in lower malpractice insur- Interest earned on premium dollars is should not be able to recover those ance rates for those States with caps. particularly important in medical mal- losses from the doctors they insure. This evidence clearly demonstrates practice insurance because there is a Unfortunately, that is what is hap- that capping malpractice damages does much longer period of time between re- pening. not benefit the doctors it purports to ceipt of the premium and payment of Doctors and patients are both vic- help. Their rates remain virtually the the claim than in most lines of cas- tims of the insurance industry. Excess same. It only helps the insurance com- ualty insurance. profits from the boom years should be panies earn even bigger profits. As The industry creates a ‘‘malpractice used to keep premiums stable when in- Business Week Magazine concluded crisis’’ whenever its investments do vestment earnings drop. However, the after reviewing the data ‘‘the statis- poorly. The combination of a sharp de- insurance industry will never do that tical case for caps is flimsy.’’ That is cline in the equity markets and record voluntarily. Only by recognizing the from their March 3, 2003 issue. real problem can we begin to structure Since malpractice premiums are not low interest rates in the last 2 years is the reason for the sharp increase in an effective solution that will bring an significantly effected by the imposition end to unreasonably high medical prac- of caps on recovery, it stands to reason medical malpractice insurance premiums. What we are witnessing is not tice premiums. that the availability of physicians does I conclude with a quotation from the new. The industry has engaged in this not differ between States that have analysis of medical malpractice pre- pattern of behavior repeatedly over the caps and States that do not. AMA data miums by Weiss Ratings, Inc. Weiss last 30 years. When ‘‘tort reform laws’’ shows that there are 233 physicians per Ratings, as I said, is not speaking from are enacted, the insurance companies 100,000 residents in States that do not the perspective of a trial lawyer or a pocket the resulting savings to bolster have medical malpractice caps and 223 patient advocate, but as a hard-nosed their profits. physicians per 100,000 residents in financial analyst that has studied the Last month, Weiss Ratings, Inc., a States with caps. Looking at the par- facts of malpractice insurance ratings. nationally recognized financial ana- ticularly high cost speciality of obstet- Here are their recommendations to us lyst, conducted an in-depth examina- rics and gynecology, States without based on those facts: caps have 29 OB/GYNs per 100,000 tion of the impact of capping damages in medical malpractice cases. This is a First, legislators must immediately put on women while States with caps have 27.4 hold all proposals involving non-economic OB/GYNs per 100,000 women. Clearly nationally recognized financial ana- damage caps until convincing evidence can there is no correlation. lyst. Their conclusions sharply con- be produced to demonstrate a true benefit to If a Federal cap on noneconomic tradict the assumptions on which this doctors in the form of reduced med mal compensatory damages were to pass, it legislation is based. Weiss found cap- costs. Right now, consumers are being asked would sacrifice fair compensation for ping damages does reduce the amount to sacrifice not only large damage claims, injured patients in a vain attempt to of money that malpractice insurance but also critical leverage to help regulate the medical profession—all with the stated reduce medical malpractice premiums. companies pay out to injured patients. However, those savings are not—those goal that it will end the med mal crisis for Doctors will not get the relief they are doctors. However, the data indicate that seeking. Only the insurance companies, savings are not—passed on to doctors similar state legislation has merely pro- which created the recent market insta- in lower premiums. That is the conclu- duced the worst of both worlds: The sacrifice bility, will benefit. sion. by consumers plus a continuing—and even A National Association of Insurance This is what the Weiss report, issued worsening—crisis for doctors. Neither party Commissioners study shows that in on June 3 of this year, states: derived any benefit whatsoever from the 2000, total insurance industry profits as Since the insurers in the states with caps caps. a percentage of premiums for medical reaped the benefit of lower medical mal- Mr. DURBIN. Will the Senator yield malpractice insurance was nearly practice payouts, one would expect that they for a question? twice as high—13.6 percent—as overall would reduce the premiums they charged Mr. KENNEDY. I also reference a casualty and property insurance prof- doctors. really excellent article in U.S. News its—7.9 percent. Do we understand that At the very minimum, they should and World Report from June 30 that now? This is the National Association have been able to slow down the pre- shows on a chart what has been hap- of Insurance Commissioners. Their mium increases. Surprisingly, the data pening with premiums going from $2.9 study showed, in the year 2000, that the show they did precisely the opposite. billion to $4.9 billion and, on the other insurance industry profits as a percent- Between 1991 and 2002, the Weiss anal- hand, points out insurers’ payments age of premiums for medical mal- ysis shows that premiums rose by sub- after the jury verdict was $147 billion practice insurance was twice as high as stantially more in the States with in 1993 and in the year 2001, $172 bil- casualty and property insurance prof- damage caps than in the States with- lion—so basically a fairly flat line its. The profits from the premiums for out caps. The 12-year increase in the across almost a 10-year period, a dra- medical malpractice insurance were median annual premium was 48.2 per- matic increase in the premiums and twice as high. This is the National As- cent in the States that had the caps, virtually flat in terms of the payments. sociation of Insurance Commissioners and only 35.9 percent in the States that I am glad to yield. study. had no caps. In the words of the report: Mr. DURBIN. If the Senator from In fact, malpractice was a very lucra- On average, doctors in states with caps ac- Massachusetts would yield for a ques- tive line of insurance for the industry tually suffered a significantly larger in- tion, I would ask him, since he has throughout the 1990s. Recent premium crease than doctors in states without caps. been our leader in the Senate on the increases have been an attempt to . . . In short, the results clearly invalidate issue of a Patients’ Bill of Rights to en- maintain the high profit margins de- the expectations of caps proponents. sure that patients across America have spite sharply declining investment There it is. Those States with the their rights against HMOs and man- earnings. That is what is at the root caps, 48.2 percent median premium in- aged care companies—I ask the Sen- cause here. crease; States without caps, 35.9 per- ator from Massachusetts, is he aware

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9037 that despite the copious debate on the be able to say: Look, they have lan- Mr. KENNEDY. I thank the Senator. floor about the crisis facing physicians guage in here that it is the sense we all The PRESIDING OFFICER (Mr. across America, S. 11 provides a limita- feel this way. But, of course, it says ALEXANDER). The Senator from Nevada. tion on liability not just for doctors this in a piece of legislation which will Mr. ENSIGN. Mr. President, I wish to and hospitals but also for HMO insur- effectively undermine the protections respond to a few of the items just laid ance companies, managed care organi- for working families, for their parents, out in the Senate and try to point out zations, pharmaceutical companies, and for their children. what I think are glaring inaccuracies. and manufacturers of medical devices? We have many things that can be First of all, the Weiss report we have Mr. KENNEDY. The Senator is ex- done to provide help to some of those heard so much about from the last two actly right. It is not only limited to who have the particular specialties speakers uses numbers from the Med- those groups the Senator has cited, but which need attention, but the idea that ical Liability Monitor. The Medical Li- there is a strong belief that it would you have these two lines of a sense of ability Monitor just provides the num- also apply protection for billing fraud, the Senate to effectively say: We have bers. They are not a group that is pro tainted blood to patients, fixing of done all of these bad things, and we tort reform or anti tort reform. This is prices of drugs, deliberately over- have put them in law, but we want a what the editor, Barbara Dillard, says charging Medicare and Medicaid for sense of the Senate to make you feel about the numbers that the other side health services, as well as making de- good and show that we are actually of the aisle is using to somehow skew fective implants, and violating nursing protecting the average family in this what the premiums are doing in those home safety standards. country—as the Senator well knows, it States that have enacted tort reform. We don’t hear much from those who isn’t worth the paper it is printed on. Let me read some of the most salient are supporting this about why all of Mr. DURBIN. If I may ask one last parts: these various groups need this kind of question of the Senator? The Weiss ratings analysis of medical mal- protection. It is a catch all, not dealing Mr. KENNEDY. If I may just add, as practice caps cites the Medical Liability with what was stated by many of those the Senator remembers—I hope the Monitor as the source of data Weiss uses to who were speaking in favor. This is a American people do—we had weeks of calculate ‘‘average’’ and ‘‘medium’’ pre- catch all for anything to do in any debate on the floor on the Patients’ miums for physicians during the last 12 years. While we are an independent news way, under any pretense, with the Bill of Rights. As the Senator remem- health care industry. publication and take no position on tort re- bers, what underlined that whole de- form, or other proposals to improve the med- Mr. DURBIN. May I ask the Senator bate was that we ought to put the well- from Massachusetts another question ical liability climate, we feel it is necessary being and the health care interests of to comment on the use of our statistics be- through the Chair. There is a section in the patients of this country ahead of cause some readers have expressed concern. this bill I would like to call to his at- the bottom line of the HMOs. This was The median and averages in the Weiss report tention, section 13. I would like to read a debate in which the American people are not the numbers we report in our annual it to the Senator and ask him to re- really participated. It was sidetracked rate surveys. Weiss may have taken our spond, since he has been the sponsor of numbers, the amounts and increases of pre- because the administration refused to a Patients’ Bill of Rights, so that once miums paid by doctors State by State, and allow States to make the ultimate de- and for all HMOs and managed care used them to arrive at their statistics. But it cision about compensation for individ- companies will be held responsible and is not possible from the report to say defi- uals. That was in the final compromise accountable for medical decisions they nitely how our numbers have been used. It is which this administration refused. our view that it is impossible to calculate a make that injure patients. I ask the So for all those who want to talk valid ‘‘average’’ premium for physicians, or Senator if he would respond and tell about States rights issues on this and for physicians in a particular State or terri- the Senate on the record what it means the States know best—all those who tory, and we state that clearly in the execu- to include in S. 11 a section 13, with the make that argument—they somehow tive summary of our rate survey. following language—sense of Congress: miss the importance of the real protec- But the editor of the Medical Liabil- It is the sense of Congress that a health in- tions for people. ity Monitor goes further. She advised surer should be liable for damages for harm the leader’s office that: caused when it makes a decision as to what Mr. DURBIN. My last question to the care is medically necessary and appropriate. Senator: If this sense of the Congress is It is misleading to use median premiums I ask the Senator from Massachu- not worth the paper it is written on, as compiled with data from the Medical Liabil- the Senator has said, is it fair to con- ity Monitor to demonstrate the effect of non- setts, does this sense of Congress lan- economic damage limits on liability rates. guage guarantee that those who are clude that since the HMOs and man- harmed by health insurers who make aged care companies prevailed before This is exactly what Weiss does. That bad decisions about diagnostic proce- when the Senator from Massachusetts is the report they have been quoting dures, stays in the hospital, necessary offered his Patients’ Bill of Rights to here. The report uses median annual surgery—is this language some refuge protect individuals from insurance premiums compiled with data from the and comfort for them that finally now companies making medical decisions, Medical Liability Monitor to try to they will have their day in court and is it fair to conclude that if S. 11 were demonstrate the effect of noneconomic now, with this sense of Congress, they enacted as written, limiting the liabil- damage limits on liability rates. Not can hold these health insurance compa- ity of these HMO and insurance compa- only is this wrong, it downright mis- nies accountable? nies, these companies would win again, leads the public. Mr. KENNEDY. It really insults the that we would reward them again for Let me refer to some of the other intelligence of the average family, and bad conduct, despite the sense of the issues they were talking about. Half of the average family is far too bright and Senate, sense of Congress, section 13 of the States have enacted medical liabil- smart not to understand what this says this bill? ity reform. My State did that a year and what it does not. As implicated in Mr. KENNEDY. I think what you ago. It has caps. If you look at my the Senator’s question, this is a sense could say is that this is the anti-Bill of State, as far as the numbers, it would of the Senate of something we should Rights for the American consumer be- look like it hasn’t worked. It takes a be doing by legislation which we have cause it goes in just the opposite way. minimum of probably 8, 10, 12, or 15 attempted to do with the Patients’ Bill Rather than guaranteeing protections, years to go through the courts to find of Rights. it undermines whatever protections are out whether the caps are going to be This sense of the Senate is meaning- out there. This is a battle we have been upheld. If the insurance companies are less. It isn’t even worth the paper it is fighting over and over again in recent unsure whether the caps are going to written on, because of all the other years, making sure the most basic pro- be upheld or not, there is no predict- provisions included in the legislation tections for our consumers and families ability there because they can reach which the Senator has spoken to so ef- in the health care area are not under- way back—once it is held unconstitu- fectively during the course of the de- mined. tional, they can go back and try those bate. As the Senator has pointed out, this cases and get those awards. This is sort of a catch all, a ‘‘make is going in the opposite direction. That is why in California it took so them feel good,’’ section, for some to Mr. DURBIN. I thank the Senator. long—from 1975 until the mid-1980s—to

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9038 CONGRESSIONAL RECORD — SENATE July 8, 2003 find out whether the law was going to months ago. One of his favorite things player. They would obviously get a lot work. Colorado and California have to do in his practice—he is an obstetri- more money because they have the po- now had their laws in place long cian—is to deliver babies, especially tential of making so much more enough to stabilize rates. Let’s look at those high-risk pregnancies. He got so money. But this child would still get a those two States, in major cities, com- much enjoyment from bringing them significant amount. pared to other cities around the coun- to the point where they were success- Let me go through these points, and try. ful. His insurance company made him then I will yield for a question. Here are Los Angeles and Denver. We stop performing high-risk deliveries, All medical expenses would be cov- will start with the general surgery. It and they also cut him down from 250 or ered under this bill: long-term care, as- is almost $37,000 in Los Angeles for the 300 deliveries a year, and he can deliver sisted living devices, child care, house- medical liability premiums for the no more than 125 babies a year. hold services, lost time, special med- year; that is for a general surgeon. In Southern Nevada is the fastest grow- ical damages, value of care, counsel, Denver, it is around $34,500. New York ing metropolitan area in the country. advice, aid, comfort, counsel for chil- is about $51,000. Las Vegas was $70,000. Yet we are losing OB/GYNs and new dren, parents, and spouses. All of those It is a lot higher this year in Las ones are not coming in. So what hap- are possible under economic damages Vegas. In Chicago, it is $68,000. In pens in that area is women are having in this bill. Miami, it is $174,000. The cities in the serious trouble locating OB/GYNs to The final point I wish to make is gray on the chart are States without deliver their babies. this: Does this capping hurt patients? medical liability reform. The two in I want to try to talk a little bit We just have to look at Colorado and the white have had medical liability about the bill and what it really does California and ask: Are there people reform in place long enough for them do and try to clear up some of these out there being hurt? I submit there to have predictability. issues. First, to go back to premiums. are a lot more people being hurt and This whole debate isn’t about hurting It was said that in places such as Cali- going to be hurt in States such as Ne- patients; it is about helping them to fornia premiums and caps on economic vada where the doctors are leaving, have access to quality care. In my damages—caps on pain and suffering where the doctor will not be in that State, we had a level I trauma center emergency room or will not be able to close for 10 days because of a crisis, don’t work. According to the CBO, they where the specialists who were treating do work. H.R. 5, which is virtually deliver a baby, especially in those patients there could not afford the identical to the bill we have today, high-risk pregnancies. This one case in Florida is a very medical liability insurance anymore. would significantly lower premiums for So they had to say: We cannot come in medical malpractice insurance from good example. I actually met this gen- there and practice because we cannot what they would otherwise be under tleman. He is a physician himself. He afford the insurance. The Governor of current law. Premiums for medical was not performing duties as a physi- our State, within a week, called a spe- malpractice insurance ultimately cian at this time, he was a parent of an cial session of the legislature. They en- would be an average of 25 to 30 percent injured child. His name is Dr. Frank acted, in a bipartisan way, caps. Unfor- below what they would be under cur- Shwarin. His 4-year-old child in Naples, tunately, like a lot of the caps in the rent law. FL, fell and hit his head on the side of country—and they use a lot of these The Congressional Budget Office is the swimming pool. This was in July of statistics—they are similar to the caps nonpartisan, and everybody is supposed 2002. The father is named Frank and in my State where they have loopholes to respect the numbers they put out Craig is the son. He rushed him to the that you can drive a truck through, around here. They certainly don’t have nearest hospital only to find that none which makes the legislation pretty any pro or con as far as tort reform is of the neurosurgeons on call would much, as far as a court of law is con- concerned. There are others such as the treat patients under 18 years of age. cerned, ineffective. That is why there U.S. Department of Health and Human Why? Because they could not get med- is a move in my State to close those Services that say States with limits of ical liability coverage to treat, even in huge loopholes down to where just the $250,000 or $350,000 on noneconomic an emergency situation, a pediatric most serious cases actually have un- damages have average combined high- neurosurgery case. They had to limited pain and suffering type of est premium increases of 12 to 15 per- medevac his son a couple hours away. awards. cent—that is average combined highest Fortunately, because the father is a In our State, the way they reopened premium increases—compared to 44 doctor, he was able to keep his son the level I trauma center in that spe- percent in States without caps on non- alive during that time. cial session of the legislature—not only economic damages. A woman testified before the Senate did they enact a $350,000 cap for the The Joint Economic Committee of that when the level I trauma center general population but for the level I the Congress says that tort reform will crisis happened in my State, her father trauma center they put it under the reduce overall spending on health care died when that trauma center was State. Guess what. Our State has savings by between $67 billion and $106 closed because he had to be sent to an- $50,000 caps total—economic, pain and billion over the next 10 years. other emergency room, and an emer- suffering, medical, the whole thing. I wish to talk a little bit about what gency room is not a trauma center. That is the only way they could get the kinds of economic damages. That has They do not have the kind of expertise level I trauma center back open. Why been criticized. We don’t cap economic to treat severe trauma. As a result, her did they do it? They knew there was a damages. What can you get in eco- father died. crisis. People had died, and more would nomic damages under this bill? You We cannot guarantee he would not die if they didn’t reopen the trauma can get all lost wages and benefits. have died in the trauma center, but we center. Lost earning capacity. They say it can guarantee he would have had the Well, how bad does it have to get in hurts children. You get a child who best possible care and the best chance the U.S. for us to say there is a crisis? gets hurt because of malpractice and of living. That is what I believe this de- When will the other side realize how you can calculate what that child bate has come down to: The system is bad the situation is in America? We are would have had over the next 60, 70 out of balance now. It is not working. losing specialists. People are leaving years. To correct this imbalance, we have to the practice of medicine—especially Mr. DURBIN. Will the Senator yield start reining in some of these frivolous, those specialties and subspecialties in for a question? outrageous jury awards. which we already have a shortage in Mr. ENSIGN. They may not have the I yield for a question. many areas; and new people are not education to know what their total po- Mr. DURBIN. Mr. President, I thank going into these areas because they see tential was but it is 60 or 70 years’ the sponsor of the legislation for com- the writing on the wall. They see it is worth of earnings they can get in eco- ing to the Chamber. I want to give him going to be too expensive for them to nomic damages. That can be signifi- an opportunity to complete his state- go out and practice. cant. I will freely admit it is not what ment, and perhaps at the end of that I have a good friend from Las Vegas, Barry Bonds would get if he got hurt, statement, if he and I can engage in di- Dr. Spoon. We were talking a couple or LaBron James, the new basketball alog or debate, that would be fair. I do

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9039 not want to interrupt his train of about punitive damages and that we as I understand are the most profitable thought during his presentation. are protecting big companies. Under corporations in America with an aver- Mr. ENSIGN. That would be fine. I this bill, we do protect companies that age annual return of 18 percent on cap- have a couple other issues to go make medical devices if they have fol- ital, about 6 times the rate of return of through. There are a few other cases I lowed FDA regulations. In other words, the Fortune 500? Is he going to tell us would like to bring to the attention of the manufacturer would not be liable about the liability exposure of HMOs our colleagues. for punitive damages if it satisfied that really necessitate this protection First, because we need to put a real FDA’s rigorous approval process and if which he is building into his proposed face on this issue—we need to put a the harm to the patient did not result law, S. 11? Is he going to tell us about face on the patients, and I think it is from the company’s violation of an the medical device corporations that legitimate to put a face on the other FDA regulation. If they played by the have made faulty products which are way. I think it is legitimate to put a rules that the Government set down, causing problems across America and face on somebody who has had a claim we protect them in this bill from non- how their exposure and liability neces- of malpractice and actually had mal- economic—we do not protect them sitate this need to limit their account- practice committed against them, and from economic or from medical ex- ability and cap the recovery of inno- it is also fair to put faces on those peo- penses. But if they violate the FDA cent people who are victims of their ple who now are having trouble finding rules, then they are not protected. I misconduct? the kind of health care they need. think that is fairly reasonable. That is Mr. ENSIGN. If the Senator would This is a balancing act, there is no why we think this bill is a reasonable vote for us to go forward with the bill question about it. There is no perfect compromise, is a reasonable approach tomorrow when we have a cloture vote, answer to this situation. I wish there to solving what I believe is an out-of- we will have a lot of time to debate were. The fact is, the current system is control system. this. We can amend it and go forward driving health care providers out of the I will be happy to yield for questions. with this debate. So I hope he will join practice of medicine, hospitals are Mr. DURBIN. Mr. President, I thank us in voting for cloture because I do closing down, and we need to correct the sponsor of the legislation. I would have a lot of evidence to justify the the situation so that when we seek like to ask him this question. Virtually various provisions in the bill. health care in an emergency situation every example the Senator has given, The bottom line is we all know that or in a nonemergency situation, we every compelling example he has given today it costs around $900 million to will have the kind of care we need. for this legislation involves doctors bring a single new drug to the market. A friend of mine in Las Vegas has paying malpractice premiums. Yet as I am not here to defend the pharma- Parkinson’s disease and goes down to he has written this legislation, it goes ceutical companies or any other com- Loma Linda—I told this story earlier far beyond providing limitation of li- pany. today—to see his subspecialist in neu- ability for doctors. It includes limita- Mr. DURBIN. That is what the bill of rology to treat this disease. He had tion of liability for HMOs, managed the Senator does. some fairly radical surgery where they care, pharmaceutical companies, med- Mr. ENSIGN. No. What I am here to actually separate parts of the brain. He ical device manufacturers, and nursing say is we have a problem with our has had very good success with it. He homes. health care system today and we need had a specialist talked into moving his Can the Senator from Nevada explain to fix it. If we can go forward with this practice to Las Vegas shortly before to me why he has not come before us bill, if there are amendments the Sen- the medical malpractice crisis hit in and argued on behalf of HMOs and why ator thinks can improve this bill, let’s Las Vegas. Once that hit the news, the their exposure to liability for wrong- at least move to it so that we can guy said: Sorry, I live in California doing is a source of concern and leads amend it, put the amendments forward, where we have caps. I cannot go to Las to, he thinks, the need for legislation? and have a healthy debate. We can take Vegas and pay $250,000 a year for my Mr. ENSIGN. Mr. President, we know a week, or whatever it takes, to do practice for medical liability coverage. we live in a litigious society. We are that so that we can go forward and try I cannot afford to do it. Why would I do sue happy today. Everything is some- to fix some of the glaring problems. If that when I have a good practice here, body else’s fault, and we immediately the Senator thinks there are some we have caps, and it is working well in go to court. Because of the nature of problems with the bill, let’s bring forth California? our courts, it is easier to settle. When amendments and try to fix it. He wanted to move to Las Vegas. He we settle, it drives up the cost for all of Mr. DURBIN. If the Senator will was ready to go with his family. He us. A lot of the cases never make it be- yield for another question, I am curi- liked the quality of life in Las Vegas. cause it is too expensive to take the ous. What the Senator has just sug- He did not go simply because he cannot case all the way to court. gested is a good basis for establishing afford to take that kind of economic A lot of companies especially are what we might even call a Senate com- hit. So people in Las Vegas have to self-insured for certain amounts of mittee where we could have Members drive down there. money. It is easier for them to cal- of the Senate come together, consider Most of the time those are not emer- culate the cost of going to court, and evidence, and offer amendments before gency cases, but for those cases that what happens in the long run is that all the bill comes to the floor. If I am not are an emergency, it is just a shame. of us pay for that in higher premiums. mistaken, the Senate bill already pro- People say this is a State issue. I When we have higher premiums, it is vides for committees. Why is it that would counter that this is the United pretty simple. We end up with a situa- this bill, of such consequence, should States of America, and we are supposed tion where employers cannot afford it. not go through a Senate committee to be able to live where we want to A lot of small employers especially are system so that the very aspects that live, and now we are saying to people: dropping their health insurance cov- we have just discussed can be openly No, you cannot go there because of erage and we are ending up with 41 mil- debated and amended and come up with medical liability premiums, you can- lion uninsured in this country and a a work product that might be of real not afford to open up your practice be- big part of that is the cost, not only of value to this country? cause of medical liability premiums. the premiums to doctors but just the Mr. ENSIGN. I say to my friend and People should be able to find the kind whole cost of defensive medicine that colleague that it is obvious why. We of health care they need wherever in we have to practice today because of could not get a bill to the floor. The the United States and live the quality the fear of being sued. Senator knows that and everybody of life and obtain the best health care Mr. DURBIN. So if the Senator from here knows that. It is just like last they can possibly get based on what is Nevada will yield for another question, year when the Senator was in the ma- available in the area. I do not think through the Chair, is the Senator from jority, there were at least two bills outrageous premiums should be the Nevada going to bring for us then more that I remember, the Energy bill, as, limiting factor. evidence, as he has when it comes to well as the prescription drug bill, that Let me close with this point, Mr. doctors, as to the insurance crisis fac- were brought to the floor that were not President. Earlier there was debate ing drug companies in America, which brought through committee. They were

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9040 CONGRESSIONAL RECORD — SENATE July 8, 2003 brought directly to the floor by the wish they were empowered a little surance, $30,000 in Denver. Go over to majority leader at the time. It is not a more and maybe protected a little New York; it is almost $90,000; in Las common procedure, but it is a proce- more to do that. Vegas, $108,000. I guarantee that num- dure that has to be done every once in Mr. SESSIONS. Will the Senator ber in Las Vegas is old because friends a while to bring up important legisla- from Nevada yield for a question? of mine who are OB/GYNs say they are tion that cannot go through committee Mr. ENSIGN. I am happy to yield for paying anywhere from $130,000 to and my colleagues know cannot get a question. $150,000 a year. Chicago, $102,000 and through committee. Mr. SESSIONS. I say to Dr. Ensign, Miami is over $200,000 a year. The cities The way the Senate works is so dif- we appreciate his leadership on this in gray, representing the states in ferent than the House, and the Senator matter and know that he is a profes- gray, have no tort reform that has been knows that. We both served in the sional himself, and he is familiar with on the books. Nevada has it but it has House of Representatives. The House of these liability issues. The Senator not been on the books long enough. It Representatives does almost all their talked about two doctors in Nevada will take 6, 8, 10 years. Los Angeles and work in the committee. We can do a lot being responsible for $14 million of the Denver have had their laws on the of our work on the floor and produce a $22 million in punitive damages. I guess books long enough to work. pretty darn good product by bringing it what I want to ask the Senator is that Because they have enacted what we to the floor, amending the bill on the in this way we operate with punitive want to do today, we see these pre- floor, and that is what I think we damages, is not the real truth that miums. should do. when two doctors get hit with big ver- I yield the floor. Mr. DURBIN. If I could ask the Sen- dicts that the premiums from all the The PRESIDING OFFICER (Mr. TAL- ator from Nevada, the sponsor of this innocent doctors in Nevada go up? It is ENT.) The Senator from Alabama. legislation, another question, he has not just the bad doctor who pays—it is Mr. SESSIONS. I will share my spoken about his own home State of supposed to punish him—but the insur- thoughts. I believe this bill is a good Nevada and the problems they have ance company pays it, does it not, and way to go about at the present time faced. In the last 2 days, there has been then they pay for that by raising the dealing with what is a health care cri- a lot of discussion on the Senate floor premiums on everybody else? sis in America—the surging costs of in- about the medical malpractice crisis in Mr. ENSIGN. The Senator from Ala- surance and liability. I wish we were this country that involves an increas- bama brings up a very true point, but not in the Senate having to deal with ing incidence of medical malpractice. also the Senator from Illinois is cor- it. I have some great friends in the tort In fact, the Bush administration says rect in that we do need to do a better business, good lawyers, and they have it has reached epidemic proportions. job of policing the physicians. They learned over the years how to utilize I ask the Senator from Nevada, what need to do a much better job of that. the system to maximize verdicts and in his bill, S. 11, would deal with the That is why I brought up the point of maximize recoveries. They have been problem in his home State of Nevada, the boards. The point is, though, if we successful. reported by Business Week on March 3 vote for cloture tomorrow, maybe we Things have gotten out of sync. They of this year, in which they reported can work this out. Maybe we can come need to be brought into sync. We can that in his home State of Nevada, up with something that could be ad- do it a number of different ways. We which adopted a $350,000 cap on recov- dressed, or at least give suggestive lan- can do it State by State. The truth is ery last year, it was discovered that guage to the States to be able to work over half of the medical care in hos- two doctors in his State were respon- this out. It is so clear that if we can in- pitals in America today, and a very sible for $14 million of the $22 million voke cloture—for the general public, large percentage of what doctors do in claims awarded in Nevada in 1 year? that means that we can proceed to the every day, is paid for by the Federal What in this legislation would make bill. The vote tomorrow is just whether Government in Medicaid. It is our tax certain that those doctors, guilty of we can proceed to the bill. All of this is money. We are paying it. Part of the malpractice, would be held accountable just pre-debate on whether we are need they have for higher pay and for their wrongdoing and would be re- going to proceed to a bill that is so higher reimbursement rates is because moved from practice if, in fact, they critical to the future health care in of the malpractice insurance they must are not meeting the standards of pro- this country. pay. fessional conduct? Mr. SESSIONS. The Senator is ex- Caps on damages have worked. Last Mr. ENSIGN. Mr. President, I say to actly correct. I certainly agree, as a week I was in the small town of Rus- my colleague that it is a great point. I Federal prosecutor—and I prosecuted sellville in Alabama where I practiced practiced veterinary medicine and I some physicians and other profes- law for a year or so. It is pretty far off understand how professional boards sionals in the medical business for bad the beaten path. A bright young doctor work. I understand that with profes- behavior, but the odd thing about the gave me a couple of ideas about re- sional boards there is a self-policing way our tort system works, people forming medical care unrelated to this that is assumed. It is supposed to hap- think the doctor who gets sued is being issue. He told me he had come from pen with lawyers. It is supposed to hap- punished, but really the doctor has in- California. His premiums in Alabama pen with accountants. It is supposed to surance which he is required to have in were substantially higher, and growing happen with veterinarians. It is sup- order to practice in a hospital—vir- each year, than his colleagues he left posed to happen with physicians. The tually everybody has to have some, no in California. He did not expect that. big problem today with professional matter how much it costs—and they do We have little or no caps. We have boards is they are afraid to do some- not end up being punished. Every phy- some caps in Alabama, but not the thing with somebody’s license because sician in the community is punished, kind in California. if they do, they can be held personally are they not? Is that not an odd thing I talked to a physician friend of liable. That happens time and time that we are dealing with in current mine, a wonderful person I go to again. law? church with, Dr. Conrad Pierce, former All of the professional boards go Mr. ENSIGN. I do not know if the president of the OB/GYN Association. through this; that as badly as they Senator can see this chart—maybe we And he talked about the $100,000 liabil- would love to jerk somebody’s license, can have that chart turned just slight- ity premiums that OBs pay. He said, unless it is so clear and the evidence is ly so the Senator from Alabama can Jeff, you can get by in a city if you are so outrageous of what they have done see it, but it brings up the exact point. delivering a couple hundred babies a to deserve their license being jerked, it The States that have capped non- year, but if you deliver 50 or 100 babies, just does not happen. Frankly, it economic damages in the white, Cali- this is $1,000 per delivery. It represents should happen more. There are incom- fornia and Colorado, represented by your health care premium. That is a petent doctors. There are incompetent Los Angeles and Denver, in those big deal. lawyers. There are incompetent veteri- States let’s go down to the OB/GYNs, Mr. ENSIGN. If the Senator will narians. More of them should have $54,000 in Los Angeles for the annual yield, is the Senator aware that, for in- their license jerked in that case, and I premiums for the medical liability instance, in Las Vegas, they are limiting

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9041 the number of babies they are allowed the cost for settling and defending mal- but the premiums have gone up at an to deliver to 125. What your friend was practice claims increased from $320 a extraordinary rate. talking about is right, they used to de- bed in a nursing home to $4,410 per bed, I think this Congress, faced with a liver 250 to 300. Now they limit how over a tenfold increase in the insurance demand for improving health care and many they can deliver. premiums paid. This was first brought health care delivery to more people, Mr. SESSIONS. That is the result we to my attention by an individual I and at the same time trying to do so are dealing with. All kinds of factors know in my hometown of Mobile who with contained cost, ought to look at are occurring that are impacting ad- shared those numbers with me. It is one aspect of the medical system that versely health care as a result of the consistent with his personal experi- produces little or no benefit and that is premiums. ence. I was shocked. We are looking at the amount of money paid out through As my friend pointed out, in some $4,000 per-bed cost annually for liabil- this system. rural areas you only deliver 50 or 60. It ity insurance per nursing home bed. Yes, I do believe that lawsuits make is not precisely how many babies deliv- That is very significant. some physicians more careful. I do ered by a doctor that determines the I hope as we go forward we can move think it has led to the altering of prac- premiums paid. You pay a basic pre- beyond obstruction and a filibuster to tices for better health care. I do not be- mium if you deliver any at all. So the be able to offer amendments, if people lieve all lawsuits are bad. I do not below numbers drive out physicians in think they can make it better, that we lieve all recoveries are bad. I think it rural areas who do not deliver that can do things that would be realistic is good sometimes if physicians get hit many babies. and effective. I think we can do that. and popped and sent a message. I think It is a big deal. We have seen medical This bill has a good core right now. I the embarrassment of the lawsuit itself malpractice insurance jump by 81 per- intend to support it and I intend to has a substantial impact on this physi- cent over the past 2 years alone. It has vote for it and I intend to vote to move cian and other physicians in the com- driven people out of business. it up for debate. munity. But whether the recovery is The Physicians Insurance Associa- The odd thing about malpractice in $500,000 in punitive damages, $250,000 or tion of America shows a fourfold in- America today and the lawsuits that $2 million is not the point. That physi- crease from the period of 1991 to 2002 in get filed are, as I suggested to my able cian is not really going to be paying it. the percentage of jury awards that ex- friend from Nevada, Senator ENSIGN, The other physicians in the community ceed $1 million. We have a fourfold in- we think we are punishing doctors who will be paying it. crease in the percentage of jury awards make a mistake and we sue them for I think we will get the same impact that exceed $1 million. Some say the punitive damages. This historically in terms of improving health care if we reason these premiums have gone up is was not a big part of litigation in allow lawsuits to go forward but we because insurance reserves are not pro- America, but in the last 20 or 30 years don’t allow them to turn into jackpot ducing the returns they used to punitive damages have become a staple justice where one patient, one victim, produce. I don’t think it is disputed in litigation. If a doctor makes a mis- one injured patient who sues gets $10 that we have a substantial increase in take, they sue him for the mistake, million and another one gets $500,000 or the large verdicts around the country. they sue him for the compensation, zero for virtually the same cir- That does drive the market. damages, pain and suffering of the pa- cumstance. Too often that has hap- In West Virginia, Charleston Area tient, and they invariably add it was pened. This is not a systematic way we Medical Center lost its Level I Trauma done recklessly, wantonly, or without are dealing with malpractice in Amer- Center status, leaving West Virginia due regard of care and that he is, there- ica. And who is paying for it? John Q. University Ruby Memorial Hospital as fore, responsible for punitive damages. Citizen, the Federal Government, in the only Level I Trauma Center in the Those punitive damages are added on terms of Medicare and Medicaid mon- State. The inability of this facility to to it as a punishment to that doctor. eys we send out. find neurosurgeons and orthopedists But already the doctor in the basic re- I think we can do better. I think this created a situation in which critically covery is above the deductible he had bill is a step in the right direction. My injured patients had to be medevac’ed on his insurance policy. He has already friend from Illinois is a skilled lawyer. out of the State. paid that out of his pocket. So whether There is no doubt in my mind his re- Open the newspaper and you will read it is $1 million or $10 million or $500,000 marks on this bill will represent the of similar crises in Pennsylvania, Ne- in punitive damages, that is paid for by best comments that can be made in op- vada, Mississippi, and other areas. the insurance system that we set up. position to it. But overall I think it is Rural areas are hit hardest by the in- And who pays into that insurance sys- a net plus. It is the right step to take. creasing costs. This places additional tem? All the doctors in the commu- We are going to need to do something burdens on those who can least afford nity. about these costs. I do not believe the it. I absolutely agree with Senator EN- benefits in improved health care are In my home State, I was in the town SIGN that we need tighter controls on anything like the costs that are being of Atmore, not too far from where I physicians by the medical associations, incurred by physicians. They do not grew up. The Atmore Community Hos- just as I believe—and have believed for consider the amount of care being de- pital was forced to close its obstetrics a long time—we need tighter controls nied American citizens as a result of unit because it could not afford the 282 by the legal professional community, physicians choosing another course. percent increase in malpractice insur- of which I have been a part. We do not Finally, I read in the newspaper ance from $23,000 to $88,000. When you do enough there. about Dr. Sumpter Blackman from deliver a limited number of children, But, regardless of that, you are still Camden, AL, a small town I grew up in $88,000 is a substantial cost against going to have negligence. You are still of not much more than 1,000 people you. Now expectant mothers must going to have these kinds of recoveries. with a small hospital with about 20- travel either to the hospital in If not capped, they continue to shift some-odd beds. Dr. Blackman is the Brewton, 30 miles away, or to Mobile or the payment from the person who did main physician there. Pensacola, FL, an hour away, elimi- wrong to the innocent doctors and phy- It was reported that he may have to nating availability of health care. sicians out there who will all see their give up his practice; that he could not Another rising crisis in my State has premiums increase substantially. get insurance. One of the companies been brought to my attention involv- I have visited hospitals in my State had changed and he was not able to get ing the nursing home industry. It was a on a regular basis. I visited probably 30 other insurance. The rates were ex- stunning statistic. At the request of hospitals in the last 3 or 4 years. I ask traordinarily high. He was wondering the American Health Care Association, them about how their liability insur- whether or not he should stay in the Aon Risk Consultants conducted an ac- ance premiums are doing. They tell me business. tuarial analysis that found there was a they tripled in the last several years, I could say to the Members of this substantial increase in premiums, an invariably—more than double consist- Senate, with no doubt, if you took a extraordinary increase from 1995 to ently, they tell me, over the last 3 or 4 poll of the people in Camden, AL, and 2002 for nursing homes, meaning that years. Each one is somewhat different the environs and asked who was the

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9042 CONGRESSIONAL RECORD — SENATE July 8, 2003 most important person in that commu- facing these high premiums today. In filed. I would concede that the general nity to them, Dr. Sumpter Blackman fact, it may be 8, 10, 12, or 15 years, ac- awards have gone up. It reflects a num- would win that hands down. cording to Senator ENSIGN, the sponsor ber of things. It reflects inflation in He was my mother’s physician. He of this legislation. I think that should medical care, and the cost of medical takes care of people there. He knows give pause to every Senator who be- care. Everybody knows that is a fact. them. He is an excellent physician. He lieves they can vote for this legisla- The cost of prescription drugs, the cost is talking about retiring early as a re- tion, see it enacted, go home to doctors of doctors’ care, and the costs of hos- sult of lawsuits. I think this has gone in their community and say we have pitals have all gone up. That is re- beyond just talk and debate and big in- met our obligation. I do not think that flected when a verdict or an award is surance companies and rich companies is a fact. given to someone who has been injured. and poor victims and doctors. I think it There is another side of the story You would expect under normal cir- is a health care issue. We cannot afford here that is worth at least pointing to. cumstances for a person who is ag- to lose people such as Dr. Sumpter When I asked the Senator from Nevada grieved or injured by medical mal- Blackman from the medical profession. why he included more than just doctors practice on a year-to-year basis to see He has saved the lives of thousands in in this bill, more than just hospitals in that award going up, understandably his long career there in Camden, AL, this bill, why did he go on to include so. But how about the big awards, ones and there are a lot more like him. They health care organizations such as in- over $1 million? are thinking maybe this business just surance companies, HMOs, managed According to Business Week, and isn’t worth it; I put aside some money care organizations, why did he include their March 3, 2003, issue, which I and maybe I will just go off somewhere pharmaceutical companies, medical de- quoted earlier—Business Week is hard- and do something else and not have to vice manufacturers, nursing homes, ly a liberal publication—in 2001 there worry about this and worry about get- why are all of them being brought into were only 895 out of 16,676 payouts ex- ting insurance. the debate if our concern is whether or ceeding $1 million, about 1 percent. I yield the floor. not there will be enough doctors That is up from 506 in 1996. The PRESIDING OFFICER. The Sen- around to deliver babies, he basically In a 5-year period of time, the num- ator from Illinois. said we are trying to reduce the cost to ber of awards over $1 million went from Mr. DURBIN. Mr. President, I thank the health care system. I assume if you 506 to 895. the Senator from Alabama for his kind limited recovery to zero dollars, you From the debate on the floor you words. He and I disagree on many could reduce it even more. This bill would conclude that the number was issues but respect one another very limits it to $250,000 in noneconomic much larger. much. I am sure there will be an issue losses. He gave an illustration of the I take exception especially to a ref- somewhere along the way on which we fact that economic losses include lost erence to these awards and settlements agree. We are both waiting, and after 6 wages. Then he went on to say that if in larger numbers as ‘‘jackpot justice.’’ or 7 years the day may come. We will a child were injured and would be un- I will not bring out the photographs. announce it. able to be employed, for example for But earlier I mentioned some of the Mr. SESSIONS. If the Senator will the rest of his life, they would have to people who have been victims of med- yield, I think we do agree we need to try to make some calculation as to the ical malpractice. work to improve our legal system to lost wages. Heather Lewinsky of Pittsburgh, PA, make it the best we possibly can. How I might remind my friend from Ne- a 17-year-old who has gone through a do we do that? Sometimes we disagree vada that his bill requires objective series of plastic surgeries and will be but I respect the Senator from Illinois verifiable losses. How do you calculate deformed and scarred for the rest of her and his skill. that for a 6-year-old boy, such as the life by medical malpractice—would a Mr. DURBIN. I consider that a rhe- one I talked about yesterday, who will verdict in her case be a jackpot? I don’t torical question but I respect the Sen- literally have no work life, no work ex- think so. ator from Alabama. perience the rest of his life on Earth? Evelyn Babb, a 75-year-old woman Let me say there was a statement How do you calculate that in objective from Tyler, TX, went in for a simple made earlier by the sponsor of this leg- verifiable ways, as to his future lost knee surgery and the surgeon operated islation that tells the whole story. wages? on the wrong knee. As a result, this 75- When he came to illustrate the savings The importance of that, of course, is year-old lady lost her mobility and will in malpractice premiums from States that is only one of two things he can be be suffering with pain for the rest of with caps and States without caps, he compensated for—medical losses as her natural life. Would a verdict in her said to us, I think the CONGRESSIONAL well as loss of income. So the calcula- case be ‘‘jackpot justice’’? RECORD will reflect what I am about to tion is very difficult under the exact Sherry Keller from Conyers, GA, a say is accurate, that the reason he only language of the bill written by the Sen- graphic case which I talked about ear- chose Los Angeles and Denver to illus- ator from Nevada. lier, a lady who went into her doctor’s trate that States with caps lower mal- I take exception to a comment made office after a hysterectomy and had a practice premiums was because it during the course of this debate by my terrible situation where her womb was takes a long period of time for the caps friend from Alabama. He has made this reopened because of bleeding and she to be reflected in the premiums comment before. He referred to what went into shock—the doctor left her charged to doctors. In his words, he he called ‘‘jackpot justice.’’ He referred alone in the room, she fell off the ex- said 8 to 12 to 15 years before premiums to verdicts that really are of little or amination table striking her head as come down. no benefit, as he said, to society. she fell to the floor, eventually leading I think perhaps he may be right. Per- I suggest to him that we have statis- to a situation of being a quadriplegic. haps he may not be right. Over a period tics. Virtually both sides inundated the If she received an award, this mother of 8 to 15 years it is hard to measure record with statistics. But these come and homemaker, of $500,000, has she hit what is going to have an impact on from the National Association of Insur- the jackpot? malpractice premiums. It could be the ance Commissioners. Here is what they I don’t think so. investment success of the insurance tell us. Colin Gouley from Nebraska came company as much as a cap or any other The number of new medical mal- with his family to see us today. This thing. But it tells an important part of practice claims declined by 4 percent little 9-year-old boy, whose life has the story. If we are facing a medical between 1995 and 2000. During that 5- been compromised dramatically, will malpractice insurance crisis today in year period of time, new medical mal- have a difficult time doing things we America, what is being proposed, lim- practice claims declined by 4 percent. pray that every child can do, such as iting the recovery of medical mal- If we were talking about a prolifera- read, write, engage in conversation, practice victims, putting a cap on the tion of claims or lawsuits, the record walk, and run. He will never have that amount of money they can take home suggests it is not the number. But, of chance. A jury in Nebraska thought from a lawsuit, is, in fact, not going to course, some will argue how much is that his damages from malpractice provide relief to doctors or hospitals being awarded to those that are being committed against him was worth

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9043 more than $5 million. So did Colin attorney will be able to represent ADDITIONAL STATEMENTS Gouley hit the jackpot with a $5 mil- them. lion verdict if he has a lifetime of being Do you recall not too many months in a wheelchair because of medical ago that sad story in North Carolina, I A TRIBUTE TO ROZ WYMAN malpractice? Is this ‘‘jackpot justice’’? believe at a major university, where ∑ Mrs. FEINSTEIN. Mr. President, 50 Kim Jones, 30 years old, went in for a there was supposed to be a heart-lung years ago today a young and dynamic simple tubal ligation and ended up in a transplant and they mistakenly woman was elected as a member of the comatose state in a nursing home for brought the wrong blood and tissue Los Angeles City Council. She was just the rest of her life. Is an award in her type organs to be transplanted and a 22 years old, making her the youngest case a jackpot? Did she hit it big if mistake was made? It was clearly not council member in the city’s history. they gave her enough money for some- the mistake of the family or the little The fact that such a record has been one to care for her the rest of her life? girl who was involved. Discovering this held for so long is in itself remarkable. Frankly, she will never be able to care error, they tried to implant an addi- But then again, we are talking about a for her daughter again. tional set of organs—heart and lung— truly remarkable woman, Rosalind Or Alan Cronin, 42 years of age, who to save her after this serious mistake Wyman. went into a hospital in California for a was made. For many years now, Roz has worked routine hernia surgery and ended up I can tell you that this little girl, tirelessly, for her family and friends, with an infection so serious that it lead who sadly died because of that mal- for the city she loves, for the State of to gangrene in all of his limbs and am- practice, would have recovered little or California, for the Democratic Party, putation of both arms and legs—Alan nothing for that wrongful death under and for women everywhere. Cronin, would he be the winner of a this legislation. There is a wonderful photo of Roz jackpot if those who were responsible Where do you point to in terms of when she was only 2 years old, smiling for his losing his arms and his legs had lost wages for a little girl who died up at a portrait of Franklin Roosevelt. to pay and compensate him not only during the course of the surgery? Her mother, Sarah, was a precinct cap- for his medical bills and lost wages but Where is the pain and suffering in a tain for FDR’s first Presidential cam- also for his pain and suffering? wrongful death lawsuit? Yet that is paign, running the operation out of the That is the part of the calculation what it comes down to. family’s drugstore on 9th Street and which those who bring the bill to the Those sponsors of this bill are pre- Western Avenue in Los Angeles. floor have not spoken of. They talked pared to close the courthouse door and Roz’s father, Oscar, worried that such about the challenges facing doctors. We say that for her family, they do not a partisan stance would cost them cus- conceded that. In some areas of the have the opportunity to get a lawyer tomers, but Sarah believed that elect- country, malpractice insurance is too because the contingency fee is limited, ing Roosevelt was much more impor- high. Don’t overlook what this bill and once they have that lawyer there tant. does. It closes the door and removes is little or nothing they can recover de- Small wonder, then, that Roz devel- the jury from the decision about fair spite clear evidence of medical mal- oped a deep and abiding passion for po- compensation for people who have been practice. litical activism and the Democratic injured through no fault of their own. That isn’t fair. It isn’t American. It Party. Her first campaign was working That is why I think those who are isn’t just. We are talking about reward- on behalf of Congresswoman Helen pushing this bill will probably be un- ing people who have been seriously and Gahagan Douglas, in her ill-fated 1950 successful tomorrow. People on this egregiously injured. Senate race against Richard Nixon, I hope my colleagues will join me to- side of the aisle, and Republicans as when he unfairly portrayed her as ‘‘the morrow in voting against the motion well, believe this bill, S. 11, goes too Pink Lady.’’ far. This is excessive. This is not set- for cloture. We should not proceed to Then, 2 years later, Roz made history ting out to simply solve the problem. this bill. This bill should proceed to a by becoming the youngest person ever This is setting out to make a political committee. It should go to a com- elected to the L.A. City Council, and point—that we are going to go after mittee for a long period of study of only its second woman member. She those who would be so bold as to file a compromise, of amendment, of a good- went on to serve in that body for the lawsuit. faith effort on both sides involving the next 12 years, on the finance and budg- In the pages of this bill, you will see medical profession, and the insurance et committees, and eventually becom- a limitation on what attorneys can be industry which gets a windfall from ing president pro-tempore. paid if they represent one of these cli- this bill, as they do virtually every bill As another woman who entered Cali- ents or one of these patients I have that comes through here, as well as the fornia politics in the 1950s, I can assure mentioned—people who have lost their legal profession; and a bill that will you that it was quite a different world limbs, people who are no longer able to end up in a resolution of the problems back then. It was still very much a function as normal human beings. If facing our doctors and medical pro- male club. In both Los Angeles and San they go to hire a lawyer to represent viders whom we value very much, but I Francisco, one was hard-pressed to find them in a case of malpractice, this law don’t believe they would stand behind a women’s bathroom anywhere near will restrict how much their lawyer such a product that is so fundamen- the chambers. can be paid. tally unfair. Something else Roz inherited from If you believe in justice, wouldn’t I yield the floor and suggest the ab- her mother was a love for baseball. In you also argue that those who defend sence of a quorum. fact, there is nowhere that Roz Wyman The PRESIDING OFFICER. The the doctors and defend the hospitals would rather be than at Dodger Sta- clerk will call the roll. should have their attorney’s fees lim- The legislative clerk proceeded to dium, at the home plate corner of the ited as well? Wouldn’t that be fair? call the roll. Dodger dugout, where she has had her Isn’t that justice with a blindfold? No. Mr. BROWNBACK. Mr. President, I seats for over 40 years now. The blindfold is raised on one side. It is ask unanimous consent that the order It is no exaggeration to say that the a wink and a nod to the defense indus- for the quorum call be rescinded. Dodgers would not have come to Los try representing the doctors and the The PRESIDING OFFICER. Without Angeles without the vision, fortitude, hospitals. But when it comes to these objection, it is so ordered. and sheer determination of Roz poor people with limited economic re- Wyman. Just ask Tommy Lasorda, who f sources fighting for compensation for said: ‘‘What this lady did for baseball injuries that are no fault of their own, MORNING BUSINESS in this city, they should erect a monu- this bill limits the amount of money Mr. BROWNBACK. Mr. President, I ment to her.’’ that can be paid to those lawyers. ask unanimous consent that the Sen- Today, it is hard to believe how po- I will tell you that without the con- ate proceed to a period of morning larizing the effort was to bring the tingency fee system, most of these poor business. Dodgers from Brooklyn in the late people I have described today will The PRESIDING OFFICER. Without 1950s. Yet Roz, believing that a profes- never ever have their day in court. No objection, it is so ordered. sional sports team was just what L.A.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9044 CONGRESSIONAL RECORD — SENATE July 8, 2003 needed to cement its image as a major job, not just for the Democratic Party school career helping his father care American city, braved death threats but for the city of San Francisco. for his younger siblings. David’s teach- and earned many political enemies in President Clinton recognized Roz’s ers note that he is a quiet, yet diligent order to see this come about. contribution, back in 2000, when he student who is dedicated to his studies One year after coming to L.A., how- said: ‘‘She reminds me of my ties to my and his family. David will attend the ever, the Dodgers went on to win the roots. Her loyalty to our party and our University of Nebraska-Lincoln in the World Series, as they did again in 1963, candidates is something I hope I can fall where he plans to major in com- 1965, 1981, and 1988, along with three emulate for the rest of my life.’’ puter engineering. National League Championships in the I share President Clinton’s senti- Codah Gatewood, 18, is the youngest 1970s. No one today could imagine the ments—and I, too, hope that I can emu- of three children and a member of the city without one of baseball’s greatest late Roz Wyman. A pioneering force in Navaho, Omaha, and Santee Sioux franchises. American politics, she is my Field tribes. His parents are Edison One of the other defining moments in Marshall, my trusted adviser, and most Gatewood and Belva Gatewood. Since the modern history of Los Angeles, importantly to me, my very dear he was a young boy, Codah’s primary which placed the city firmly on the friend.∑ academic interest has been architecture. As a child, he would create intri- map as one of America’s premier cities, f was when it hosted the Democratic cate buildings with Legos; at Lincoln LOCAL LAW ENFORCEMENT ACT Convention in 1960. High School, he learned to use com- And here, too, Roz Wyman played a OF 2003 puter-aided-design, CAD, in technical vital, even pivotal role. She was an ar- ∑ Mr. SMITH. Mr. President, I speak design and architecture classes before dent Kennedy supporter, having sup- about the need for hate crimes legisla- tackling advanced architecture and en- ported him in 1956, in his unsuccessful tion. On May 1, 2003, Senator KENNEDY gineering. Codah won an academic let- bid for the Vice Presidential nomina- and I introduced the Local Law En- ter during his senior year of study for his mastery in pre-calculus, differen- tion. forcement Act, a bill that would add She understood the natural connec- new categories to current hate crimes tiated physics, advanced architecture, and applied economics. In his free tion between Hollywood and Wash- law, sending a signal that violence of time, Codah volunteers at the Indian ington, and before many others recog- any kind is unacceptable in our soci- Center of Lincoln, assisting in pow- nized Kennedy’s enormous charisma ety. wows and dinners. He also likes to ex- and appeal, along with the growing im- I would like to describe a terrible periment with mobile electronics on crime that occurred in Tulsa, OK. On portance of television to electoral poli- his car, frequently updating his own September 11, 2001, a 29-year-old Paki- tics. website with his success in modifica- stani was hospitalized after he was And with her late husband, Eugene, tions. Codah’s teachers describe him as badly beaten and kicked by three men. who served as chairman of the Cali- a self-reliant and high-ranking scholar. fornia Democratic Party, they proved The racially motivated attack hap- For his commitment to academic ex- to be extraordinarily effective fund- pened outside of a service station as cellence, Codah has also earned a Uni- raisers and campaigners. They were re- the victim was visiting a friend who versity of Nebraska Davis Scholarship, sponsible for enlisting the likes of worked there. The victim suffered a awarded to the most academically tal- Frank Sinatra to sing by the swim- broken jaw and lost several teeth dur- ented racial minority students. He will ming pool, as Kennedy worked his po- ing the attack. He was hospitalized for attend the university this fall. litical magic with the delegates. several days in a Tulsa hospital. Huong Le, 18, came to Lincoln from It is easy to forget that back then, I believe that government’s first duty Long An, Vietnam, 11 years ago with party conventions were not the largely is to defend its citizens, to defend them her parents, Vinh Le and Luong scripted events that they are today. against the harms that come out of Nguyen, and sisters and brother. Long There was real drama—nothing was in- hate. The Local Law Enforcement En- An is a small province in the Mekong evitable—and delegates could change hancement Act is a symbol that can Delta of South Vietnam. Huong spoke their vote at the last minute. become substance. I believe that by very little English when she arrived in Such was Roz’s influence with the passing this legislation and changing Lincoln, but began to master the lan- Kennedy campaign, that she was able current law, we can change hearts and guage while a student at Everett Ele- to convince Robert Kennedy to change minds as well.∑ mentary School. Huong was nominated the venue for JFK’s fabled ‘‘New Fron- f for the Gates scholarship by her Lin- tier’’ speech from the Sports Arena to HONORING STUDENT RECIPIENTS coln High School chemistry teacher, the grander Memorial Coliseum next who taught her a rigorous advanced door. OF GATES MILLENNIUM SCHOL- ARSHIP chemistry course and saw promise in She went on, 8 years later, to work her passion for science. The following ∑ closely on Robert Kennedy’s bid for the Mr. NELSON of Nebraska. Mr. Presi- summer, Huong participated in a so- White House, which ended so tragically dent, today it is my great honor to rec- phisticated research project, coordi- in Los Angeles. ognize three outstanding Nebraska stu- nated by the University of Nebraska, During the 1970s, both with her hus- dents who recently were named Gates involving organic and biochemical band Gene and after his unexpected Millennium Scholars by the Bill and processes of insects. While at Lincoln passing, Roz was a highly effective ad- Melinda Gates Scholarship Foundation. High School, she also played tennis for vocate for the Democratic Party, rais- David Sanchez-Aparicio, from 4 years and was a member of the Asian ing awareness on a wide array of Oaxaca, Mexico, is the son of Benito Caucus, Upward Bound, and Youth issues. and Juana Sanchez. Since he was a Leadership Lincoln. Huong has also I first met Roz when I was mayor of child, David’s scholastic interest has volunteered at the Lincoln Buddhist San Francisco and she served as con- been in computer technology. While a Temple, Lincoln Action Program and vention chair and chief executive offi- student at Lincoln High School in Lin- United Way. Huong plans to take cer of the 1984 Democratic National coln, NE, David took part in the Infor- English composition and calculus Convention, the first woman—Demo- mation Technology Focus Program, classes as part of the Summer of Prom- crat or Republican—ever selected to specializing in computer programming, ising Scholars Program. Huong will run a Presidential Convention. In that networking, and multimedia produc- pursue a degree in pharmacy from the position she oversaw the entire plan- tion. David played tennis and ran University of Nebraska. ning and management of the conven- track, focusing on the 800-meter race. The Gates Millennium Scholarships tion and its $13 million budget. David also spent his time working at aim to reduce the financial barriers for We soon became close friends, form- BryanLGH Medical Center in the cafe- African-American, Hispanic, Native ing a bond that has grown ever strong- teria. In addition to rigorous and Asian-Pacific students with high er over the years. She was already a coursework and extracurricular activi- academic and leadership promise. They living legend, already a star of our ties, David, whose mother passed away also increase representation of minor- party, and she did an absolutely stellar 2 years ago, has spent much of his high ity students in the targeted disciplines.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9045 The Gates Foundation will pay for the HONORING THE LIFE OF E.W. medicine because they spend several students to attend any college with KELLEY months of each year providing medical any undergraduate major, and for a ∑ Mr. BAYH. Mr. President, it is with care to children in developing and un- graduate education in mathematics, great sadness that I rise today to honor derprivileged countries. science, engineering, education, or li- the life of my friend, E.W. Kelley, who Drs. Cottrill, Slusher, and Salley per- brary science. passed away on July 4, 2003, after a formed an implantation of a new me- I am proud to represent these prom- long-fought battle with prostate can- chanical heart valve for a young girl ising young students who are dedicated cer. Mr. Kelley was known around the from the village of Eku, Nigeria. Dr. to excellence in the classroom and in world for his philanthropy and gen- Slusher first examined Sussana the community. I am confident that erosity, yet remained a modest man Olesenekwu in a 168-bed Baptist hos- these talented leaders will excel at the who never sought the fame that came pital near her village in Nigeria. Upon University of Nebraska and beyond. with his great gifts. realizing the gravity of Olesenekwu’s The city of Lincoln and the State of Among his many projects, Mr. Kelley heart condition, Dr. Slusher worked Nebraska are fortunate to have these helped found the Jerusalem YMCA to with urgency to find a U.S. hospital three students as part of their commu- help foster peaceful coexistence and and surgeon willing to do the surgery nity.∑ even friendship among the city’s resi- quickly and for free. Dr. Cottrill, a dents. He was also a past-president of children’s heart specialist, and Dr. f the Boy Scouts of America Council and Salley, a heart surgeon, joined Dr. was involved with the United Way. In Slusher in donating their time and 1997, he donated more than $23 million skill to perform a surgery largely un- HONORING THE LIGHT OF THE available in Nigeria. Dr. Cottrill is WORLD CHRISTIAN CHURCH to Indiana University’s School of Busi- ness, where he had graduated nearly 60 even allowing Olesenekwu to recover in ∑ Mr. BAYH. Mr. President, it is with years before. her home. Aided by Medtronic, which great pride that I rise today to honor Born in 1917, Estel Wood Kelley grew contributed the mechanical heart the Light of the World Christian up near Sharpsville, IN, before attend- valve, and St. Joseph’s Hospital, which Church of Indianapolis. This congrega- ing Indiana University’s School of incurred the remaining costs, these ex- tion, under the leadership of Bishop T. Business. Mr. Kelley made a name for ceptional doctors saved Olesenekwu’s Garrott Benjamin Jr., is opening a new himself in business marketing, cre- life. Open-heart surgery is almost non- worship facility this weekend. The atively introducing America to count- existent in Nigeria. Though the coun- 3,000-member congregation has come less products that have become inte- try has a population of approximately together to raise the funds necessary gral parts of domestic life today. In 130 million, it has just one facility that for a truly impressive church. The new 1961, he became the youngest vice performs only a few surgeries each facility will feature a congregation president ever at General Foods, and in year. In Nigeria the surgery would cost hall capable of seating 1,200, a chapel 1967 was named ‘‘Marketer of the Year’’ $3,000 to $4,000, and most families earn for weddings and funerals, and amply by Advertising Age magazine. However, less than $10.00 a week. Drs. Cottrill, space for classrooms and offices. But it is his philanthropic work and the nu- Slusher, and Salley’s altruistic and what I would most like to recognize is merous lives he touched through it, for selfless donations of time and skill are the persistence and dedication dem- which he will be remembered best. unparalleled. onstrated in achieving this goal by E.W. Kelley served as a shining ex- Drs. Cottrill and Salley both live and Bishop Benjamin and the benefit he has ample for business executives every- practice in Lexington, KY, and Dr. provided our community as a result. where, humbly giving back to home- Slusher is a native of Bell County, KY. In addition to providing spiritual town institutions and international or- Their commitment to improving the guidance, the church provides numer- ganizations alike in order to improve lives of those less fortunate are an in- ous family services including the well- the lives of those around him and those spiration to many. Their contributions known Respect Academy that empha- he would never meet. His legacy of giv- have truly made the world a better sizes teaching children self-respect as ing will continue through his many place. Drs. Cottrill, Slusher, and Salley well as respect for others. The church’s scholarship awards, including the are tributes to Kentucky. They are programs and services affect nearly Kelley Scholarship Program at Indiana Kentucky at its finest. I thank the 2,000 young people each year. The influ- University, which provides full tuition Senate for allowing me to recognize Dr. ence the church has on the lives of the to 15 business undergraduate students Carol Cottrill, Dr. Tina Slusher, and children at such an important time in each year. Mr. Kelley eschewed any Dr. Robert Salley and voice their their lives is invaluable. special attention connected with his praises.∑ Bishop Benjamin, now in his 34th gifts, saying that the reason he do- year as pastor, has made his struggles nated to causes like Indiana University f in life the mission and driving force be- was simply ‘‘to give back to society CELEBRATION OF THE 100TH ANNI- hind many of the youth programs of- what society helped me get.’’ VERSARY OF THE GEORGETOWN fered at the Light of the World Chris- The sense of loss to all those who FIRE COMPANY tian Church. At the age of 5 Bishop knew E.W. Kelley and were affected by ∑ Mr. CARPER. Mr. President, I rise Benjamin was abandoned by his par- his generosity in Indiana, the Nation, today to celebrate the 100th anniver- ents and was raised entirely by his and throughout the world is tremen- sary of the Georgetown Fire Company. grandmother. He says it was his own dous. He is survived by his wife, Wilma Founded in 1903, the Georgetown Fire experience that made him so distinctly Lippert Kelley, and their children, Company is only one of fifteen Dela- aware of the value of a nurturing spirit E.W. Kelley II, Wayne L. Kelley and K. ware fire companies to achieve a cen- in a young child’s life and that has Kelley Germaine. tury or more of service a testament of made him so proud of the youth pro- It is my sad duty to enter the name the hard work and dedication of those grams sponsored by his church. of my friend Estel Wood Kelley into who have been part of this venerable ∑ I would like to take this opportunity the CONGRESSIONAL RECORD. organization. to commend the Light of the World f Several fire companies in Delaware, Christian Church for nearly 140 years particularly around rural communities, of service to the Indianapolis commu- TRIBUTE TO CAROL COTTRILL, were formed in the wake of disasters. nity. I know that my colleagues will TINA SLUSHER, AND ROBERT That was the case for nearby Milton, join with me in congratulating the con- SALLEY which founded its fire company in 1901. gregation, and especially Bishop Ben- ∑ Mr. BUNNING. Mr. President, I rise But residents and town leaders in jamin, for their accomplishments and today to pay tribute to three of Ken- Georgetown formed their own fire com- in wishing them continued success as tucky’s finest physicians. Drs. Carol pany before a major fire broke out. they enter a new and promising fu- Cottrill, Tina Slusher, and Robert On April 11, 1903, the commissioners ture.∑ Salley are exemplars in the field of of the Town of Georgetown advised the

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9046 CONGRESSIONAL RECORD — SENATE July 8, 2003 town’s people by posting in the local Houston, TX. In this capacity she and got to know some of the most in- newspaper, The Sussex Journal, that taught health care administration sub- fluential people in New Mexico. Even- there would be a meeting that evening jects to over 5,000 officers annually. tually, Dick became an anchor. Over for the purpose of creating a fire com- MAJ Chang also served as the senior the course of his career, he moved to pany. In this posting, they stated that patient administrator for the Com- the ABC affiliate, then to the NBC sta- the formation of a fire company would mand Surgeon, United States Army tion, and back to ABC. This month, he decrease the cost of fire insurance Reserve Personnel Command. She celebrates his 40th anniversary in within the town. There were fourteen counseled and assisted hundreds of re- broadcast journalism at channel 13, the charter members of the Georgetown servists that were injured as a result of CBS station where it all started. Fire Company. Until that day, the service in Operation Desert Storm. Her Since Dick returned to Channel 13, a community had relied solely on so- knowledge of the intricacies of the station whose news had been in the rat- called bucket brigades and a hand- physical disability system for both the ings cellar, the station rapidly shot drawn ladder wagon. active duty and reserve component sol- into head-to-head competition with Today, the fire company owns the diers is unsurpassed, and she is consid- other New Mexico news channels. most modern of technology and fire- ered an expert trainer in these areas. There is one big reason—Dick Knipfing. fighting equipment, and what started She served as a health care operations New Mexicans trust Dick as a vet- off as a small squad of locals with officer and the head of communications eran newsman. He is respected by his minimal training has evolved into a and customer service at the TRICARE colleagues. He has been inducted into company that today has almost 100 Mid-Atlantic, Lead Agent Office Nor- the Silver Circle Society by the Na- members, 50 of whom are active. The folk, VA for final assignment tional Academy of Television Arts and remaining members are life members, TRICARE Mid-Atlantic serves over 1 Sciences, one of the organization’s limited service members or honorary million military beneficiaries. highest honors for a television jour- members, all of whom continue to help In each assignment, MAJ Chang ex- nalist. protect Georgetown. Originally located celled and met every challenge, and Dick Knipfing is revered by viewers in the old fire hall building on The Cir- was rewarded with greater responsibil- because they easily discern that he is devoted to bringing them a comprehen- cle in 1930, they moved to their new ities and opportunities. Her talent for sive and accurate look at the day’s building on South Bedford Street in teaching and mentoring personnel, as major news events. Viewers have wel- 1966. There, the doors are opened one well as her creativity and skill in man- comed him into their homes, either as evening each February for an annual agement, were instrumental in pro- a reporter or anchor, because he has fundraiser for the fire company, the viding army medicine the fine cadre of shown them that he cares very deeply legendary ‘‘Oyster Eat,’’ which at- hospital administrators serving today. for New Mexico and its people. Dick, tracts people from throughout the Del- Above all, she is a stellar officer and and his wonderful wife, Charlene, have marva peninsula and beyond. leader who always put the welfare of made Albuquerque and New Mexico I rise today to recognize all the mem- her staff and patients first. MAJ Chang their home, and integrated themselves bers of the Georgetown Fire Company, is a committed health care profes- into activities to make it a better past and present, and their contribu- sional, and is an active member of the place to live. tions to their beloved community. This American College of Healthcare Execu- Like tens of thousands of New Mexi- is a historic event, especially for a non- tives and the American Health Infor- cans, my wife Nancy and I have grown profit organization based solely on vol- mation Management Association. MAJ accustomed to Dick’s face and his unteerism. I congratulate you all and Chang always went the extra mile to voice. As he marks his 40th anniver- thank you for your service to the peo- serve her country and her fellow man. sary in broadcast journalism, we hope ple of Georgetown and to all of South- Her performance reflects greatly on there will be 40 more years of Dick ∑ ern Delaware. herself, the United States Army, the Knipfing to represent the best in broad- f Department of Defense, and the United casting.∑ States of America. I extend my deepest TRIBUTE TO MAJOR ROBERTA f KEARNEY CHANG appreciation to MAJ Roberta Kearney Chang on behalf a grateful Nation for GREATER MIDWEST AFFILIATE OF ∑ Mrs. MURRAY. Mr. President, I rise her over 20 years of dedicated military THE AMERICAN HEART ASSOCIA- today to recognize a great American service. Congratulations, MAJ Chang, TION and a true military heroine who has and let me be the one of the first to ∑ Mr. LEVIN. Mr. President, I am honorably served our country for over welcome you home to Washington pleased to recognize the creation of the 20 years in the Army Medical Service State.∑ Greater Midwest Affiliate of the Amer- Corps: MAJ Roberta Kearney Chang. f ican Heart Association. This new affil- As a resident of Bellevue, WA, MAJ iate which was founded on July 1, 2003, DICK KNIPFING’s 40TH ANNIVER- Chang began her career at Fort covers seven States, including my Benning, GA, home of the Army’s in- SARY IN NEW MEXICO BROAD- State of Michigan. fantry, as a medical platoon leader. CASTING Heart disease is still the No. 1 killer There, she earned the coveted Para- ∑ Mr. DOMENICI. Mr. President, I rise in America. The American Heart Asso- chutist Wings and Expert Field Med- to pay tribute to a friend and public ciation is the second largest funding ical Badge. Following in her father’s servant of New Mexico, Dick Knipfing source for research and prevention of footsteps, the late First Lieutenant of Albuquerque. heart disease behind only the Federal Robert M. Kearney, United States A few years ago, a New Mexico re- Government. Its mission is to reduce Army, Retired, she quickly rose search company conducted a statewide disability and death from cardio- through the ranks and served at Army poll on the popularity of certain well- vascular diseases and stroke. To this bases throughout the world. known people. My name was one of the end, they work within local commu- MAJ Chang had two overseas tours, most recognized, but I wasn’t No. 1. nities to educate people on prevention one in Honduras, Central America, and The person best known and best liked and identification of heart disease. one in the Republic of Korea. In Hon- by New Mexicans was Dick Knipfing. The merger which creates the Great- duras, she participated in humani- He is not a politician. He has never er Midwest Affiliate strengthens the tarian missions to provide aid and med- been Governor, Senator, mayor, or on potential for positively influencing the ical care to the people of this country. any city council. Dick is something health and welfare of Americans by ad- In Korea, she successfully completed more special to everyday citizens—he vancing groundbreaking medical re- two consecutive company commands has been a nightly guest in their living search and spreading lifesaving edu- for the 121st Evacuation Hospital and rooms for 40 years. cation on heart disease to people of all Headquarters, 18th Medical Command. In July 1963, Dick started as a re- ages. I am sure my colleagues join me MAJ Chang was handpicked to become porter for the CBS affiliate in Albu- in applauding the Greater Midwest Af- an instructor at the U.S. Army Acad- querque. He did it all. He shot and edit- filiate of the American Heart Associa- emy of Health Sciences, Fort Sam ed his own film, wrote his own scripts, tion as they renew a commitment to

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Mr. President, I would caring community, Marquette County taught us about Nebraska and helped like to recognize an important event includes some of the nation’s most us understand ourselves. that will soon be held in my home beautiful beaches, waterfalls, and wild- Tom Allan passed away on June 27, State of Michigan. On July 9, 2003, life. Thousands of tourists each year 2003.∑ community residents, business owners, are attracted by the breathtaking sce- f and area youth will gather at Belle Isle nery and numerous outdoor leisure ac- RECOGNITION OF THE to celebrate the 21st Annual Metro De- tivities such as golf, skiing, canoeing, MAGDALENA RIDGE OBSERV- troit Youth Day. hiking, and fishing. ATORY Metro Detroit Youth Day was found- I take great pride in congratulating ∑ ed to improve relations between youth Marquette County for the award of All- Mr. DOMENICI. Mr. President, I rise and other community members in the America City. This award is well de- to congratulate the Office of Naval Re- metropolitan Detroit area. Before its served and is a source of pride for ev- search for the successful design review creation 20 years ago, a series of alter- eryone in my home State of Michigan. to begin development of the next great cations had occurred between Detroit I know my Senate colleagues will join astronomical telescope. The Navy is area youth and several grocery store me in saluting Marquette County and the preeminent authority in the areas owners. Since that time, Youth Day wishing its citizens continued success of Precise Time and Astrometry, and has provided an opportunity for all in the years to come.∑ distributes Earth Orientation param- eters and other Astronomical Data re- community members to work and play f together and has drastically reduced quired for accurate navigation and fun- the level of violence in the area. Youth NEBRASKA’S TOM ALLAN damental astronomy. Now they are Day includes games, meetings with ce- ∑ Mr. NELSON of Nebraska. Mr. Presi- managing an international team to lebrities, motivational speakers, sports dent, Tom Allan wasn’t born in Ne- build the Magdalena Ridge Observ- events, and a wide variety of other ac- braska, but that didn’t stop him from atory, MRO, on a 10,000 foot mountain tivities designed to promote unity falling in love with my State or from in central New Mexico. The Navy, within the Detroit community. making the entire State feel like part along with the Air Force, Army, and a I am pleased to recognize Metro De- of his family. Tom traveled the high- consortium of universities from the troit Youth Day as an example of a ways and byways for over 40 years, see- United States and the United Kingdom, proactive community effort that has ing the beauty of Nebraska, making will break ground on October 20 this promoted positive change. I am sure friends, and sharing his experiences year. that my Senate colleagues will join me through his often humorous and always This month, the prestigious scientific in saluting this event and in wishing insightful news articles. When he journal, Physics Today, published a su- Metro Detroit Youth Day continued passed away recently there were Ne- perbly written article that explains the success in the future.∑ braskans in every city, town, and vil- MRO. The project will create a unique array of mirrors that can take pictures f lage that mourned him and fondly remembered their favorite Tom Allan of bright celestial objects with a reso- IN RECOGNITION OF MARQUETTE stories. lution equivalent to a huge telescope COUNTY Tom Allan was born in Scotland and measuring 400 meters in diameter. I ask that a copy of the article be ∑ Mr. LEVIN. Mr. President, I am moved to Nebraska when he was only 9 printed in the RECORD. pleased to recognize an outstanding years old. After graduating from high The article follows. county in my home State of Michigan school and Ottawa College he served NEW MEXICO PLANS OPTICAL INTERFEROMETER for receiving a prestigious community his Nation honorably in World War II AND FAST-SLEWING TELESCOPE recognition award. Marquette County, with tours in the Philippines and Alas- How does a minor university land a major which is located in the beautiful upper ka. He retired as a major in the Ne- observatory? In New Mexico Tech’s case, it peninsula of Michigan, was recently braska National Guard. helped that the university has access to a named an All-America City by the Na- He began working for the Omaha high, dark site, that the Magdalena Ridge tional Civic League. World Herald in 1947 and became the Observatory (MRO) will have national secu- The National Civic League has pre- paper’s roving reporter in 1959. He trav- rity applications, and that the project has sented the All-America City Award an- eled more than a million miles and allies in Congress. nually for the last 54 years. The award wore out 20 cars while filing stories ‘‘We had a coalition of universities looking recognizes outstanding communities for an observatory,’’ says Van Romero, vice from every community in the State. He president for research at New Mexico Tech such as Marquette for their excellence covered the occasional big news story, (officially the New Mexico Institute of Min- in combining grassroots efforts with but Tom Allan specialized in simple ing and Technology), which has around 1800 local government and businesses’ com- stories that touched the heart. For students and 110 faculty members. New Mex- munity programs to address critical readers in Omaha, Tom brought to life ico Tech and its partners—New Mexico State local issues. This year Marquette Coun- the unique people and small towns that University, New Mexico Highlands Univer- ty was selected in recognition of its ef- can’t be found on a map. sity, and the University of Puerto Rico— forts to increase access to health care, Tom Allan outran tornados, trekked learned that the US Army’s neighboring create a countywide nonmotorized trail White Sands Missile Range wanted better through the Amazon jungle, and even missile tracking capability and the Air system, and build support for at-risk stood in for a U.S. Ambassador in Fin- Force Research Laboratory in Albuquerque youth in the community. land. He covered the State fair with was interested in developing adaptive optics. Marquette County was one of only 10 such regularity that he was honored ‘‘We seemed to have a critical mass—univer- communities nationwide to be awarded with ‘‘Tom Allan Day’’ at the Nebraska sities, along with more than one military the distinction of All-America City. State Fair in 1997. His humor and hu- user,’’ says Romero. Representative Joe The selection was made out of a pool of mility were clear when he wrote, ‘‘I’d Skeen and Senator Pete Domenici, both New more than 700 applicants and 30 final- rather they’d just given me a fat-hog Mexico Republicans, supported creating the ists. A 10-person jury comprised of na- MRO because the potential for education blue ribbon and let it go at that.’’ outreach, adaptive optics research, and tionally recognized public and civic af- In that same column Tom described world-class astronomy ‘‘all came together in fairs experts evaluated Marquette his job as the privilege of discovering a happy confluence of ideas,’’ says Stephen County based on a 10 category model what is over the next hill and who is Traver, a legislative fellow in Domenici’s of- developed by the National Civic around the next bend in the road along fice who used to work for the now retired

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9048 CONGRESSIONAL RECORD — SENATE July 8, 2003 Skeen. Domenici led the way in winning a spinning. How big are they? What are their ment Services, Department of Agriculture, congressional markup for the $48 million ob- shapes? transmitting, pursuant to law, a rule enti- servatory. POSSIBLE WITH PORK tled ‘‘Notice, Comment, and Appeal Proce- The observatory’s future home is on a dures for National Forest System Projects What with the MRO being funded directly ridge in the Magdalena mountains near and Activities’’ (RIN0596-AB89) received on by Congress, the project often gets labeled as Socorro, about 130 kilometers south of Albu- June 25, 2003; to the Committee on Agri- pork. Says Romero, ‘‘Without this type of querque. Besides the clear skies and roughly culture, Nutrition, and Forestry. funding, we would not be able to build it. But 3200–meter-high perch, the site’s advantages EC–3014. A communication from Chief, we think this is a facility that funding agen- include that it is near both White Sands and Regulations Unit, Internal Revenue Service, cies like NASA and NSF will take the oppor- New Mexico Tech, it has room for the observ- Department of the Treasury, transmitting, tunity to fund research at.’’ And, unusual for atory to expand, and it has a road and other pursuant to law, the report of a rule entitled a federally funded project, New Mexico Tech infrastructure already serving ecological and ‘‘Update of Rev. Proc. 96-30’’ (Rev. Proc. 2003- and its partners will foot the running costs, atmospheric studies and the university’s 48) received on June 24, 2003; to the Com- estimated at $2 million a year. If all goes as lightning lab (see box). mittee on Finance. The MRO will consist of an optical-infrared planned, the single telescope would see first EC–3015. A communication from Chief, interferometer with eight to ten 1.4-meter light in 2005, and the interferometer could be Regulations Unit, Internal Revenue Service, ∑ telescopes in a reconfigurable Y-shaped up and running a couple years laters. Department of the Treasury, transmitting, array up to 400 meters long plus a single 2.4- f pursuant to law, the report of a rule entitled meter telescope. Groundbreaking is sched- ‘‘Business Purpose Under Section 355—Fit & uled for 20 October. MESSAGES FROM THE PRESIDENT Focus—Capital Allocation Purpose’’ (Rev. STARS AND SCUDS Messages from the President of the Rul. 2003-75) received on June 24, 2003; to the Committee on Finance. The MRO array will have a large number of United States were communicated to the Senate by Ms. Evans, one of his EC–3016. A communication from Chief, bigger elements distributed over a wider Regulations Unit, Internal Revenue Service, range of baselines than any other optical in- secretaries. Department of the Treasury, transmitting, terferometer in the works, says Chris Haniff, f pursuant to law, the report of a rule entitled whose University of Cambridge group is in- ‘‘Assumption of Partner Liabilities’’ volved in the project. MRO’s angular resolu- EXECUTIVE MESSAGES REFERRED (RIN1545-BB83) received on June 24, 2003; to tion, he adds, ‘‘will be a factor of a hundred As in executive session the PRE- the Committee on Finance. higher than the Hubble Space Telescope. EC–3017. A communication from Chief, That means that for any class of astronom- SIDING OFFICER laid before the Sen- ate messages from the President of the Regulations Unit, Internal Revenue Service, ical object, you can see more detail.’’ Department of the Treasury, transmitting, ‘‘One of the exciting things we think we United States submitting sundry nomi- pursuant to law, the report of a rule entitled will be able to do is to look at the central en- nations which were referred to the ap- ‘‘2003 Section 43 Inflation Adjustment’’ (No- gines of active galactic nuclei,’’ says David propriate committees. tice 2003-43) received on June 24, 2003; to the Westpfahl, project scientist for the MRO in- (The nominations received today are Committee on Finance. terferometer. ‘‘All the models have a mas- printed at the end of the Senate pro- EC–3018. A communication from Chief, sive object at the center, such as a black ceedings.) Regulations Unit, Internal Revenue Service, hole, and an accretion disk and polar out- Department of the Treasury, transmitting, flow, but the detailed shape and arrangement f pursuant to law, the report of a rule entitled of these things are still being worked on. We ‘‘2003 Marginal Production Rates’’ (Notice hope to be able to resolve several of these ob- EXECUTIVE AND OTHER COMMUNICATIONS 2003-44) received on June 24, 2003; to the Com- jects and decide among the models.’’ The mittee on Finance. MRO interferometer will also be used to de- The following communications were EC–3019. A communication from Chief, duce the relative rotational axes of stars in laid before the Senate, together with Regulations Unit, Internal Revenue Service, clusters, which could shed light on the im- Department of the Treasury, transmitting, portance of turbulence in star formation, accompanying papers, reports, and documents, and were referred as indicated: pursuant to law, the report of a rule entitled and to study other aspects of star birth, as ‘‘Applicable Federal Rates—July 2003’’ (Rev. well as star aging and planet formation. EC–3008. A communication from the Presi- Rul. 2003-71) received on June 24, 2003; to the Fast slewing is the special feature of dent of the United States, transmitting, pur- Committee on Finance. MRO’s single telescope. It will be able to zip suant to law, a report that provides the ag- EC–3020. A communication from Chief, to a particular part of the sky at 10° per sec- gregate number, locations, activities, and Regulations Unit, Internal Revenue Service, ond. The slewing was initially incorporated lengths of assignment for all temporary and Department of the Treasury, transmitting, to accommodate the US Army. The MRO of- permanent U.S. military personnel and U.S. pursuant to law, the report of a rule entitled fers a good look at target missiles fired from individual civilians retained as contractors ‘‘Guidance Regarding Election Under Sec- Fort Wingate in western New Mexico, says involved in the antinarcotics campaign in tion 953(d)’’ (Rev. Proc. 2003-47) received on Tomas C. Chavez, chief of test technology at Colombia, relative to Plan Colombia; to the June 24, 2003; to the Committee on Finance. White Sands. ‘‘We could collect phenome- Committee on Appropriations. EC–3021. A communication from Chief, nology data during the target’s boost and EC–3009. A communication from the Sec- Regulations Unit, Internal Revenue Service, coast phases to help home in on the target retary of Defense, transmitting, the report of Department of the Treasury, transmitting, with an interceptor.’’ Adds Romero, ‘‘This is a retirement; to the Committee on Armed pursuant to law, the report of a rule entitled a match made in heaven. The army wants to Services. ‘‘CRP Cost-Share Payments’’ (Rev. Rul. 2003- use [the telescope] during the day and early EC–3010. A communication from the Staff 59) received on June 24, 2003; to the Com- morning, we want to use it at night.’’ The Director, Office of Regulatory and Manage- mittee on Finance. 2.4-meter mirror was donated by the air ment Services, Department of Agriculture, EC–3022. A communication from Chief, force. Originally intended for classified transmitting, pursuant to law, the report of Regulations Unit, Internal Revenue Service, space-based research, it has hardware added a rule entitled ‘‘Land Uses; Revenue Pro- Department of the Treasury, transmitting, to keep it from sagging in Earth’s gravita- ducing Visitor Services in Alaska’’ (RIN0596- pursuant to law, the report of a rule entitled tional field. AB57) received on June 25, 2003; to the Com- ‘‘Compliance Initiative for Nonresident Astronomers will take advantage of the mittee on Agriculture, Nutrition, and For- Aliens and Foreign Corporations’’ (Notice fast slewing, too. ‘‘One big use of the tele- estry. 2003-38) received on June 24, 2003; to the Com- scope will be ‘alert response to transient as- EC–3011. A communication from Director, mittee on Finance. trophysical phenomema,’ ’’ says project sci- Office of Surface Mining, Department of the EC–3023. A communication from Chief, entist Eileen Ryan. ‘‘An example would be to Interior, transmitting, pursuant to law, the Regulations Unit, Internal Revenue Service, find the optical counterpart of gamma-ray report of a rule entitled ‘‘West Virginia Reg- Department of the Treasury, transmitting, bursts.’’ For that, the telescope would auto- ulatory Program’’ (WV-097-FOR) received on pursuant to law, the report of a rule entitled matically interrupt other observations when June 24, 2003; to the Committee on Energy ‘‘Revenue Ruling: Mass Obsolete Ruling’’ it receives signals from Swift, a satellite and Natural Resources. (Rev. Rul. 2003-67) received on June 24, 2003; NASA is supposed to launch in December. EC–3012. A communication from the Staff to the Committee on Finance. The MRO telescope, Ryan adds, will be big- Director, Office of Regulatory and Manage- EC–3024. A communication from Chief, ger and will slew faster than other ground- ment Services, Department of Agriculture, Regulations Unit, Internal Revenue Service, based telescopes currently hunting for GRBs transmitting, pursuant to law, a rule enti- Department of the Treasury, transmitting, (see Physics Today, July 2002, pages 24 and tled ‘‘Forest Land Enhancement Program’’ pursuant to law, the report of a rule entitled 25). Mostly, though, the 2.4-meter telescope (RIN0596-AB95) received on June 25, 2003; to ‘‘Annual Report Concerning the Pre-Filing will be devoted to studying ‘‘small Solar sys- the Committee on Agriculture, Nutrition, Agreement of the Large and Mid-Size Busi- tem bodies—asteriods, comets, and Kuiper and Forestry. ness Division for the Calendar Year 2002’’ Belt objects,’’ says Ryan. ‘‘We want to use EC–3013. A communication from Staff Di- (Ann. 2003-43, 2003-26) received on June 24, the telescope to ask how fast asteroids are rector, Office of Regulatory and Manage- 2003; to the Committee on Finance.

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EC–3025. A communication from Chief, S. 1377. A bill to authorize a Native Amer- S. 560 Regulations Unit, Internal Revenue Service, ican language demonstration program at the At the request of Mr. CRAIG, the Department of the Treasury, transmitting, University of New Mexico at Albuquerque, in name of the Senator from Alabama pursuant to law, the report of a rule entitled consortium with the Linguistic Institute for (Mr. SESSIONS) was added as a cospon- ‘‘Correction to Rev. Rul. 2003-50 — BLS De- Native Americans; to the Committee on In- partment Store Indexes for March 2003’’ dian Affairs. sor of S. 560, a bill to impose tariff-rate (Ann. 2003-44) received on June 24, 2003; to By Mr. DORGAN: quotas on certain casein and milk pro- the Committee on Finance. S. 1378. A bill to transfer to the Secretary tein concentrates. EC–3026. A communication from the Regu- of the Interior authority to revise the Mis- S. 569 lations Coordinator, Department of Health souri River Master Water Control Manual; to At the request of Mr. ENSIGN, the and Human Services, Administration for the Committee on Environment and Public Children and Families, transmitting, pursu- Works. name of the Senator from Arkansas (Mr. PRYOR) was added as a cosponsor ant to law, the report of a rule entitled f ‘‘Child Support Enforcement Program Fed- of S. 569, a bill to amend title XVIII of eral Tax Offset’’ (45 CFR Part 303) received ADDITIONAL COSPONSORS the Social Security Act to repeal the June 25, 2003; to the Committee on Finance. S. 11 Medicare outpatient rehabilitation EC–3027. A communication from the Chief, At the request of Mr. ENSIGN, the therapy caps. Regulations Branch, Department of Home- name of the Senator from Illinois (Mr. S. 661 land Security, transmitting, pursuant to law, a rule entitled ‘‘Confidentiality of Com- FITZGERALD) was added as a cosponsor At the request of Mr. SCHUMER, the mercial Information’’ (RIN1515-AD29) re- of S. 11, a bill to protect patients’ ac- name of the Senator from Washington ceived on June 24, 2003; to the Committee on cess to quality and affordable health (Mrs. MURRAY) was added as a cospon- Finance. care by reducing the effects of exces- sor of S. 661, a bill to amend the Inter- f sive liability costs. nal Revenue Code of 1986 to equalize S. 184 INTRODUCTION OF BILLS AND the exclusion from gross income of At the request of Mr. DODD, the name JOINT RESOLUTIONS parking and transportation fringe ben- of the Senator from Massachusetts efits and to provide for a common cost- The following bills and joint resolu- (Mr. KERRY) was added as a cosponsor of-living adjustment, and for other pur- tions were introduced, read the first of S. 184, a bill to amend section poses. and second times by unanimous con- 401(b)(2) of the Higher Education Act of S. 736 sent, and referred as indicated: 1965 regarding the Federal Pell Grant At the request of Mr. ENSIGN, the By Mr. SCHUMER: maximum amount. S. 1370. A bill to amend the Fair Credit Re- names of the Senator from Nebraska S. 253 porting Act to provide for disclosure of cred- (Mr. NELSON) and the Senator from it-scoring information by creditors and con- At the request of Mr. CAMPBELL, the North Dakota (Mr. CONRAD) were added sumer reporting agencies; to the Committee name of the Senator from Texas (Mrs. as cosponsors of S. 736, a bill to amend on Banking, Housing, and Urban Affairs. HUTCHISON) was added as a cosponsor of the Animal Welfare Act to strengthen By Mr. BUNNING (for himself and Mr. S. 253, a bill to amend title 18, United enforcement of provisions relating to BREAUX): States Code, to exempt qualified cur- animal fighting, and for other pur- S. 1371. A bill to permit a special amortiza- rent and former law enforcement offi- poses. tion deduction for intangible assets acquired cers from State laws prohibiting the S. 764 from eligible small businesses to take ac- carrying of concealed handguns. count of the actual economic useful life of At the request of Mr. CAMPBELL, the S. 296 such assets and to encourage growth in in- name of the Senator from Rhode Island At the request of Mr. CAMPBELL, the dustries for which intangible assets are an (Mr. REED) was added as a cosponsor of name of the Senator from Colorado important source of revenue; to the Com- S. 764, a bill to extend the authoriza- mittee on Finance. (Mr. ALLARD) was added as a cosponsor tion of the Bulletproof Vest Partner- By Mrs. FEINSTEIN (for herself and of S. 296, a bill to require the Secretary ship Grant Program. Mr. ENSIGN): of Defense to report to Congress re- S. 1372. A bill to amend the Elementary garding the requirements applicable to S. 847 and Secondary Education Act of 1965 to the inscription of veterans’ names on At the request of Mr. SMITH, the specify the purposes for which funds provided name of the Senator from Connecticut under subpart 1 of part A of title I may be the memorial wall of the Vietnam Vet- used; to the Committee on Health, Edu- erans Memorial. (Mr. LIEBERMAN) was added as a co- cation, Labor, and Pensions. S. 333 sponsor of S. 847, a bill to amend title By Mr. HOLLINGS: At the request of Mr. BREAUX, the XIX of the Social Security Act to per- S. 1373. A bill to authorize and direct the name of the Senator from Georgia (Mr. mit States the option to provide Med- Secretary of Commerce, through an inde- CHAMBLISS) was added as a cosponsor of icaid coverage for low income individ- pendent commission within the Department uals infected with HIV. of Commerce, to protect consumers by regu- S. 333, a bill to promote elder justice, S. 894 lating the interstate sale of insurance, and and for other purposes. for other purposes; to the Committee on S. 346 At the request of Mr. WARNER, the Commerce, Science, and Transportation. At the request of Mr. LEVIN, the names of the Senator from Mississippi By Mr. DURBIN (for himself and Mr. name of the Senator from Michigan (Mr. LOTT), the Senator from Michigan GRAHAM of South Carolina): (Ms. STABENOW) was added as a cospon- (Mr. LEVIN), and the Senator from Ne- S. 1374. A bill to provide health care professor of S. 346, a bill to amend the Office braska (Mr. HAGEL) were added as co- sionals with immediate relief from increased sponsors of S. 894, a bill to require the medical malpractice insurance costs and to of Federal Procurement Policy Act to deal with the root causes of the current med- establish a governmentwide policy re- Secretary of the Treasury to mint ical malpractice insurance crisis; to the quiring competition in certain execu- coins in commemoration of the 230th Committee on Finance. tive agency procurements. Anniversary of the United States Ma- By Ms. SNOWE (for herself and Mr. S. 518 rine Corps, and to support construction KERRY): At the request of Ms. COLLINS, the of the Marine Corps Heritage Center. S. 1375. A bill to provide for the reauthor- S. 982 ization of programs administered by the names of the Senator from New Jersey Small Business Administration, and for (Mr. LAUTENBERG) and the Senator At the request of Mrs. BOXER, the other purposes; to the Committee on Small from Louisiana (Ms. LANDRIEU) were names of the Senator from California Business and Entrepreneurship. added as cosponsors of S. 518, a bill to (Mrs. FEINSTEIN), the Senator from By Mr. REID (for himself and Mr. EN- increase the supply of pancreatic islet Delaware (Mr. CARPER), the Senator SIGN): cells for research, to provide better co- from Ohio (Mr. DEWINE), and the Sen- S. 1376. A bill to include the Department of ordination of Federal efforts and infor- ator from Arkansas (Mr. PRYOR) were Energy and the Nuclear Regulatory Commis- mation on islet cell transplantation, added as cosponsors of S. 982, a bill to sion as employers for the purposes of whistleblower protection; to the Committee on and to collect the data necessary to halt Syrian support for terrorism, end Energy and Natural Resources. move islet cell transplantation from an its occupation of Lebanon, stop its de- By Mr. BINGAMAN (for himself and experimental procedure to a standard velopment of weapons of mass destruc- Mr. DOMENICI): therapy. tion, cease its illegal importation of

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9050 CONGRESSIONAL RECORD — SENATE July 8, 2003 Iraqi oil, and hold Syria accountable setts (Mr. KERRY) was added as a co- While State Administrators of Title I for its role in the Middle East, and for sponsor of S. 1345, a bill to extend the are directed by law to meet these spe- other purposes. authorization for the ferry boat discre- cific requirements, they have been S. 1001 tionary program, and for other pur- given little guidance as to how to en- At the request of Mr. BIDEN, the poses. sure that they are in compliance with name of the Senator from Maryland S. 1368 the law. (Mr. SARBANES) was added as a cospon- At the request of Mr. LEVIN, the I believe that the Federal Govern- sor of S. 1001, a bill to make the protec- names of the Senator from Louisiana ment is responsible for making this tion of women and children who are af- (Mr. BREAUX), the Senator from Iowa process as clear to States, as possible. fected by a complex humanitarian (Mr. HARKIN), the Senator from Wis- In my own view, as it relates to Title emergency a priority of the United consin (Mr. FEINGOLD), the Senator I, we haven’t lived up to our end of the States Government, and for other pur- from Washington (Ms. CANTWELL), and bargain. poses. the Senator from Washington (Mrs. During consideration of ‘‘No Child S. 1120 MURRAY) were added as cosponsors of Left Behind,’’ I worked hard to get my At the request of Mr. BAUCUS, the S. 1368, a bill to authorize the Presi- bill defining appropriate Title I uses name of the Senator from Oregon (Mr. dent to award a gold medal on behalf of included in the Senate version of the WYDEN) was added as a cosponsor of S. the Congress to Reverend Doctor Mar- bill. 1120, a bill to establish an Office of tin Luther King, Jr. (posthumously) Unfortunately, during conference Trade Adjustment Assistance, and for and his widow Coretta Scott King in consideration, my bill was stripped out other purposes. recognition of their contributions to and in its place language directing the S. 1172 the Nation on behalf of the civil rights General Accounting Office, GAO, to re- At the request of Mr. FRIST, the movement. port on how States use their Title I name of the Senator from Michigan funds was inserted. S. CON. RES. 40 (Ms. STABENOW) was added as a cospon- In April, GAO released the report sor of S. 1172, a bill to establish grants At the request of Mrs. CLINTON, the that Congress directed them to submit to provide health services for improved name of the Senator from North Caro- on Title I Administrative Expendi- nutrition, increased physical activity, lina (Mrs. DOLE) was added as a cospon- tures. obesity prevention, and for other pur- sor of S. Con. Res. 40, a concurrent res- What GAO found is that while dis- poses. olution designating August 7, 2003, as tricts spent a relatively small S. 1177 ‘‘National Purple Heart Recognition amount—no more than 13 percent—of At the request of Mr. HATCH, the Day’’. Title I funds on administration that name of the Senator from Iowa (Mr. S. RES. 140 ‘‘because there is no common defini- GRASSLEY) was added as a cosponsor of At the request of Mr. CAMPBELL, the tion on what constitutes administra- S. 1177, a bill to ensure the collection name of the Senator from Wisconsin tive, or indirect, expenditures’’ the ac- of all cigarette taxes, and for other (Mr. FEINGOLD) was added as a cospon- counting office couldn’t precisely purposes. sor of S. Res. 140, a resolution desig- measure how much of their Title I S. 1196 nating the week of August 10, 2003, as funds were used for administration. At the request of Mrs. HUTCHISON, the ‘‘National Health Center Week’’. Because Title I funds are not defined name of the Senator from Virginia (Mr. f consistently throughout the States, WARNER) was added as a cosponsor of S. the accounting office created their own STATEMENTS ON INTRODUCED 1196, a bill to eliminate the marriage definition by compiling aspects of BILLS AND JOINT RESOLUTIONS penalty permanently in 2003. State priorities to complete the report. S. 1245 By Mrs. FEINSTEIN (for herself You see, the very reason I worked to At the request of Ms. COLLINS, the and Mr. ENSIGN): define how Title I funds should be name of the Senator from Kansas (Mr. S. 1372. A bill to amend the Elemen- used—to create consistency and dis- ROBERTS) was added as a cosponsor of tary and Secondary Education Act of tribution priority nationwide—became S. 1245, a bill to provide for homeland 1965 to specify the purposes for which the definitive aspect preventing GAO security grant coordination and sim- funds provided under subpart 1 of part from effectively drawing conclusions in plification, and for other purposes. A of title I may be used; to the Com- their report. S. 1303 mittee on Health, Education, Labor, My bill takes some strong steps by At the request of Mr. BROWNBACK, the and Pensions. balancing the needs for States to rename of the Senator from Oregon (Mr. Mrs. FEINSTEIN. Mr. President, I tain Title I flexibility and providing SMITH) was added as a cosponsor of S. rise today to introduce a bill with Sen- them with the guidance needed to ad- 1303, a bill to amend title XVIII of the ator ENSIGN to ensure that Title I minister the program uniformly Social Security Act and otherwise refunds are directed towards instruc- throughout the country. vise the Medicare Program to reform tional services to teach low-income My bill does two things: It defines the method of paying for covered students. Title I direct and indirect instructional drugs, drug administration services, Title I provides assistance to vir- services and sets a standard for the and chemotherapy support services. tually every school district in the amount of Title I funds that can be S. 1316 country to serve children attending used to achieve the academic and ad- At the request of Mr. BROWNBACK, the schools with high concentrations of ministrative objectives of this pro- name of the Senator from Nebraska low-income students, from preschool gram. (Mr. NELSON) was added as a cosponsor through high school. It ensures that the majority of Title of S. 1316, a bill to treat payments It has been the ‘‘anchor’’ of Federal I funds are used to improve academic under the Conservation Reserve Pro- assistance to schools, since its origin achievement by stipulating that ‘‘a gram as rentals from real estate. in 1965. And while it has always been local educational agency may not use S. 1317 Congresses intent for Title I funds to more than 10 percent of [Title I] funds At the request of Mr. SMITH, the be used for instruction and instruc- received. . . . for indirect instructional name of the Senator from Alaska (Ms. tional services, the Federal Govern- services .’’ MURKOWSKI) was added as a cosponsor ment has never provided a clear defini- By limiting the amount of funds that of S. 1317, a bill to amend the American tion of what instructional services schools can spend on administrative or Servicemember’s Protection Act of 2002 should entail. indirect services, school districts are to provide clarification with respect to This lack of Federal guidance has be- restricted from shuffling the majority the eligibility of certain countries for come especially clear now, as States of Title I to pay for non-academic serv- United States military assistance. scramble to comply with the new and ices, but it also gives the districts S. 1345 expanded Title I accountability stand- flexibility to use the remaining funds At the request of Mrs. MURRAY, the ards established in ‘‘No Child Left Be- for the indirect costs of administering name of the Senator from Massachu- hind.’’ Title I distribution.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9051 The second component of my bill de- instruction. They are simply exercising puters, other instructional equipment, and fines direct and indirect services so the flexibility that Congress has given wiring to support instructional equipment; that all States apply the same stand- them. ‘‘(F) the development and administration ards for Title I use nationwide. What I am saying is that if Congress of curricula, educational materials, and assessments; Examples of permissible Direct Serv- also intended for those funds to edu- ‘‘(G) the transportation of students to as- ices are: Employing teachers and other cate our neediest children, Federal sist the students in improving academic instructional personnel (including em- guidance must be given to ensure that achievement; ployee benefits); intervening and tak- it happens. ‘‘(H) the employment of title I coordina- ing corrective actions to improve stu- It is my view that Title I cannot do tors, including providing title I coordinators dent achievement; extending academic everything. Federal funding accounts with employee benefits; and instruction beyond the normal school for a small percentage of total funding ‘‘(I) the provision of professional develop- day and year, including summer for elementary and secondary edu- ment for teachers and other instructional personnel. school; providing instructional services cation and Title I is even a smaller per- ‘‘(2) INDIRECT INSTRUCTIONAL SERVICES.—In to pre-kindergarten children for the centage of total support for public this section, the term ‘indirect instructional transition to kindergarten; purchasing schools. services’ includes— instructional resources such as books, That is why I am trying to better ‘‘(A) the purchase or provision of facilities materials, computers, and other in- focus Title I funds on academic in- maintenance, gardening, landscaping, or structional equipment and wiring to struction, teaching the fundamentals janitorial services, or the payment of utility support instructional equipment; pro- and helping disadvantaged children costs; fessional development; developing and achieve success. ‘‘(B) the payment of travel and attendance Schools must focus their general edu- costs at conferences or other meetings; administering curriculum, educational ‘‘(C) the payment of legal services; materials and assessments; trans- cation budget to pay for expenses that ‘‘(D) the payment of business services, in- porting students to assist them in im- fall outside of the realm of direct edu- cluding payroll, purchasing, accounting, and proving academic achievement. cational services and retain the major- data processing costs; and Examples of indirect services limited ity of Federal funds to improve aca- ‘‘(E) any other services determined appro- to no more than 10 percent of Title I demic achievement for poor children. priate by the Secretary that indirectly im- expenditures are: business services re- It is time to better direct Title I prove student achievement.’’. lating to administering the program; funds to the true goal of education: to purchasing or providing facilities help students learn. This is one step to- By Ms. SNOWE (for herself and maintenance, janitorial, gardening, or ward that goal. Mr. KERRY): landscaping services or the payment of I ask unanimous consent that the S. 1375. A bill to provide for the reau- utility costs; and paying for travel to text of the bill be printed in the thorization of programs administered by the Small Business Administration, and attendance at conferences or meet- RECORD. ings, except for travel and attendance There being no objection, the bill was and for other purposes; to the Com- mittee on Small business and Entrepre- necessary for professional develop- ordered to be printed in the RECORD, as ment. follows: neurship. Ms. SNOWE. Mr. President, I rise Current law on Title I is much too S. 1372 vague. today to introduce the ‘‘Small Business Be it enacted by the Senate and House of Rep- Administration 50th Anniversary Reau- It says, ‘‘A State or local educational resentatives of the United States of America in agency shall use funds received under Congress assembled, thorization Act of 2003,’’ a bill to reau- this part only to supplement the SECTION 1. SHORT TITLE. thorize the U.S. Small Business Admin- amount of funds that would, in the ab- This Act may be cited as the ‘‘Title I In- istration, SBA, and its programs for sence of such Federal funds, be made tegrity Act of 2003’’. the next three years. While reauthor- available from non-Federal sources for SEC. 2. DIRECT AND INDIRECT INSTRUCTIONAL ization legislation is a significant the education of pupils participating in SERVICES. event, this year it is particularly aus- programs assisted under this part, and Subpart 1 of part A of title I of the Ele- picious since we are celebrating the not to supplant such funds.’’ mentary and Secondary Education Act of 50th anniversary of the agency—a full 1965 (20 U.S.C. 6311 et seq.) is amended by half century of helping to create, as- Basically, it says that Title I funds adding at the end the following: are to be used for the ‘‘education of pu- sist, and guide small businesses. ‘‘SEC. 1120C. DIRECT AND INDIRECT INSTRUC- As the Chair of the Committee on pils.’’ That is just too nebulous. TIONAL SERVICES. Small Business and Entrepreneurship, I The U.S. Department of Education ‘‘(a) IN GENERAL.— has given States a guidance document ‘‘(1) USE OF FUNDS.—Notwithstanding any began developing this legislation just that explains how Title I funds can be other provision of this Act, a local edu- after assuming the leadership of the used. cational agency shall use funds received Committee in January. The bill I intro- Under this guidance document, only under this subpart only for direct instruc- duce today is the product of consider- two uses are specifically prohibited: 1. tional services and indirect instructional able effort and vetting, and I am very Construction or acquisition of real services. pleased to be joined by the Commit- ‘‘(2) LIMITATION ON INDIRECT INSTRUCTIONAL tee’s Ranking Member, Senator KERRY, property; and 2. payment to parents to SERVICES.—A local educational agency may attend a meeting or training session or not use more than 10 percent of funds re- in this process. Through his contribu- to reimburse a parent for salary lost ceived under this subpart for indirect in- tions and those of other Members of due to attendance at ‘‘parental involve- structional services. my Committee, this is truly bipartisan ment’’ meeting. ‘‘(b) INSTRUCTIONAL SERVICES.— bill. I believe we should give the Depart- ‘‘(1) DIRECT INSTRUCTIONAL SERVICES.—In Over the past several months, we ment, States and districts clearer guid- this section, the term ‘direct instructional have held a series of hearings and ance in law. services’ means— roundtables to examine virtually every ‘‘(A) the implementation of instructional aspect of the SBA and the wide array My reasons for introducing this bill interventions and corrective actions to im- are two-fold: First, I believe that prove student achievement; of programs and services it provides to States must use their limited Federal ‘‘(B) the extension of academic instruction the country’s small enterprises. As we dollars for the fundamental purpose of beyond the normal school day and year, in- started that process, we looked back on providing academic instruction to help cluding during summer school; the SBA’s history to learn from its students learn. ‘‘(C) the employment of teachers and other past in order to set a path for its fu- Secondly, I believe that it is nearly instructional personnel, including providing ture. impossible to do so without providing a teachers and instructional personnel with More than 50 years ago, congres- clear definition of what is considered employee benefits; sional efforts began to focus on the spe- ‘‘(D) the provision of instructional services an instructional service. to prekindergarten children to prepare such cific needs of small businesses—to cre- I am not suggesting that it is the children for the transition to kindergarten; ate a ‘‘level playing field’’—and to default of the school districts for not fo- ‘‘(E) the purchase of instructional re- velop Federal small business assistance cusing their Title I funds on academic sources, such as books, materials, com- programs. One of the objectives was to

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9052 CONGRESSIONAL RECORD — SENATE July 8, 2003 ensure that small businesses could de- businesses can borrow subject to the ownership and job creation. Recog- velop management and marketing SBA’s guarantee, so that the SBA’s nizing the tremendous accomplish- skills to compete with big business for loan sizes will keep pace with what it ments by women entrepreneurs, I in- their share of government contracts. actually costs to start and operate a troduced the Women’s Small Business In May of 1953, the Small Business small business in today’s economy. Improvement Act of 2003 (S. 1154) ear- Act was introduced, and it became law And we make improvements to the lier this year to improve the SBA’s Of- on July 30 of that year with President SBA’s loan programs that will benefit fice of Women’s Business Ownership, Eisenhower’s signature. Since 1953, fast-growing contributors and vital ele- the Women’s Business Centers Pro- Congress and the various administra- ments of our economy including gram, the National Women’s Business tions have responded to the needs of women-owned and veteran-owned busi- Council, and the Interagency Com- small businesses by creating a fair but nesses and small business exporters. mittee on Women’s Business Enter- competitive environment for those who Moreover, the bill addresses access to prise. I have incorporated those provi- choose entrepreneurship. The SBA has capital by helping SBA’s lending part- sions into the bill before us in order to evolved from a direct lender and pro- ners. A new initiative that holds great provide a universal approach to all of vider of management assistance to a promise will allow for the pooling of SBA’s sponsored programs and services nationwide delivery system of re- small business loans not guaranteed by for women. sources offering a complete menu of the SBA. This pilot program was rec- A cornerstone of this effort involves small business tools, professional coun- ommended by participants at our making the Women’s Business Center seling assistance, business education roundtable on April 30, 2003, and has Program a permanent program that and training programs, Federal pro- been under consideration by the SBA. will offer opportunities for new centers curement opportunities, and loan guar- By pooling these non-guaranteed loans and renewal grants for existing centers on a competitive basis. By replacing anty programs. together and offering them as securi- the pilot Sustainability Program, Today, the agency faces enormous ties on the secondary market with a which expires at the end of the current challenges. Each year, there are 3 to 4 partial SBA guarantee on the pool, fiscal year, with a fair and balanced million new businesses start-ups—one banks will be able to free-up capital for grant program, the bill will correct the in 25 adult Americans is taking steps additional small business lending. As a funding constraints that have plagued to start a business. One quarter of ex- result, they will be able to provide even the program in 2003. The bill will also isting small business owners intend to greater resources for small businesses provide for the creation of new centers form another business. And, small busi- struggling to secure the necessary cap- and the continuation of current oper- nesses account for approximately two- ital to start up, operate, and grow. ating centers through renewal grants. thirds of the net new jobs in our coun- Similarly, the new National Pre- This structure will reward successful try. So while the SBA has had a tre- ferred Lenders Pilot Program will centers with continuation funding and allow qualified SBA lenders to be li- mendous impact on the success of weed out failing centers to make room censed on a nationwide basis. Cur- small businesses over the past 50 years, for new ones with greater potential for it is critical that we ensure the agency rently, Preferred Lenders must qualify serving the needs of women-owned is well positioned to produce even bet- in every region where they do business, businesses. ter results in the next 50 years. which is both cumbersome and costly. The National Women’s Business My goal in developing this bill has This initiative will streamline that Council will also be given greater con- been to ascertain what works among process for the premier lenders who trol of its mission, and I am proposing SBA programs, why it works, and apply qualify for a nationwide license and en- the full funding of $1 million for each that approach to other programs so able them to provide capital more effi- Fiscal Year for this program. The there is more consistent success within ciently and effectively to small busi- Interagency Committee on Women’s the SBA portfolio of products and serv- nesses across the nation. Business Enterprise will be reenergized ices. In the end, I hope this bill will In addition, the bill includes a pro- by providing interim leadership and a lead to a renewed SBA, rededicated to posal by Senator KERRY to permit non- shared focus with the National Wom- improving the environment or leveling profit child-care centers to qualify for en’s Business Council, the Women’s the playing field for small business 504 loans. I believe the growing need for Business Centers, and the Office of ownership in America. child care in this country warrants Women’s Business Ownership. These While the particulars of this bill are testing this idea as a pilot program, programs hold great potential for extensive, I want to highlight three of even as I continue to have reservations women-owned businesses, but they its most critical, key areas— about this initiative’s effect on the must be coordinated so that their lim- In terms of financing programs for availability of loans under the 504 pro- ited resources are dedicated to a fo- small businesses, during this reauthor- gram for other for-profit borrowers and cused goal. ization process, I have focused exten- the expansion of this loan program to In addition, the SBA’s entrepre- sively on improving the credit and ven- non-profit entities. Accordingly, we neurial development partners—the ture capital resources that the SBA have limited the loan volume under the Small Business Development Centers provides for small enterprises. These pilot to 7 percent of the overall 504 and the Service Corps of Retired Ex- programs—including the 7(a), 504, and loans to ensure that this initiative ecutives—continue to provide quality Microloan programs as well as the does not bar qualifying for-profit busi- training and free counseling through SBIC, New Markets Venture Capital, nesses from obtaining necessary fi- almost 2,000 locations and are limited and Surety Bond programs provide nancing. only by funding and their geographic vital capital for America’s small busi- Finally in the area of financing pro- locations. Therefore, in addition to nesses. In addition, looking just at the grams, we have also focused on improv- minor technical changes in these pro- lending programs, they alone are re- ing the SBA’s procedures for over- grams, I propose that we increase the sponsible for helping small businesses seeing lenders participating in the authorization level for these programs create and retain more than 1.3 million credit programs. By improving this to support the increased demand for jobs in just the past 3 years! oversight, we can protect against im- their services. That is why I held two Committee proper lending practices, produce a And we have included the Native roundtables on these financing pro- more consistent system for lenders, American Small Business Development grams so I could hear firsthand from and provide taxpayers with better pro- Program in the bill. This initiative will small business, lenders, and the SBA tection of their tax dollars. provide entrepreneurial assistance to about ways these programs can in- In the area of entrepreneurial devel- Tribal Governments and Colleges, crease access to capital for small busi- opment, we set out to ensure that the Small Business Development Centers nesses. To start, we are proposing to SBA’s programs continue to provide in Native American communities, and continue the growth of the financing the products and services essential to small businesses located on or near programs through reasonable increases small businesses, which in turn create Tribal Lands. Complementing the in their authorization levels. The bill a return on our investment in these SBA’s Office of Native American Af- also increases the amount that small programs through successful business fairs, this initiative will strengthen the

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9053 SBA’s efforts to help Native Americans table on April 9, 2003, women-owned SBA during this reauthorization proc- start, operate and grow small busi- small businesses expressed their frus- ess and for showing great leadership in nesses. tration that it has taken so long to her first seven months as Chair of the Finally, one of the most serious prob- conduct the study and implement the Committee on Small Business and En- lems facing small business is their in- program. This bill directs the GAO to trepreneurship. ability to participate fully in Federal complete that study by December 31, Our bill will strengthen the SBA and contracts, on either a prime or sub- 2003 to ensure that the women’s pro- dramatically improve the agency’s contract basis. In the last 10 years, curement program is finally imple- ability to deliver services to small contract bundling has forced more than mented. businesses in every state. It is based on 50 percent of small businesses out of Finally, the bill contains improve- a sound Committee record. In addition the Federal marketplace. Steps clearly ments to the HUBZone program, which to holding two hearings and three must be taken to ensure that small are intended, in part, to address the se- roundtables to specifically address businesses have the opportunity to rious consequences that military base SBA’s programs and related reauthor- compete for the business of the na- closings pose for our local commu- ization issues, our Committee met and tion’s largest consumer—the Federal nities. Closing a military base ad- spoke with numerous constituents, government. versely affects the towns and commu- program directors and small business President Bush recognizes the in- nities surrounding the installation due advocates. It is through this cor- equity that contract bundling rep- to loss of tax revenue, defense income, respondence, research and input that resents. He also understands the dam- base transition costs and clean-up our Committee has been able to pre- age it does to both small businesses costs. pare a comprehensive piece of legisla- and the Federal procurement process Successful recovery from a base clos- tion that will likely serve the Small by denying the government the bene- ing has been tied to public and private Business Administration and the entire fits of more robust competition, small reinvestment in these communities. small-business community well past business efficiencies, and small busi- While Congress has taken action in the even the next reauthorization period. ness innovations. He has spoken out past to ease the transition for individ- Over the past three years, as Chair- against this practice, and I applaud his uals and spur reinvestment, this bill man and Ranking Member of this Com- commitment to addressing this prob- supports faster redevelopment by ex- mittee, I have seen this administration lem. panding the HUBZone Program to in- reduce government funding and trans- To achieve that objective, the SBA clude communities affected by base fer that money to the wealthy with tax reauthorization bill addresses the prac- closures. It provides an incentive, cut after tax cut, resulting in a signifi- tice of Federal contract bundling by through Federal government contracts, cant loss of revenue for essential pro- limiting its use and giving small busi- for small businesses to operate in these grams aimed at fostering small businesses access to Federal contracts and communities and to provide employ- nesses and the economic activity they a fair opportunity to compete for them. ment to these military and civilian bring about. While many of us like to By requiring studies to be done for all personnel. note that small businesses are the en- consolidations worth more than $5 mil- This year’s SBA reauthorization bill gine of economic growth and should be lion for the Department of Defense and paves the way to a stronger SBA able bolstered by our government, this ad- $2 million for all other agencies, the to meet the needs and concerns of the ministration has given small busi- bill also holds agencies to a higher country’s entrepreneurs. The future of nesses more words than action. level of accountability than exists our country is inextricably tied to the The need for small business pro- under current law. future of small business—and by en- grams—for access to capital, for train- Those who support the practice of hancing the conditions that support ing and counseling, for assistance in bundling allege that denying small small business, we will ensure a more gaining access to the Federal market- businesses access to prime contracts prosperous future for all. I urge all my place—runs counter cyclical to the can be offset by ensuring that such colleagues to support this important economy. When the economy is slump- firms receive more subcontracts from legislation on behalf of the nation’s ing, as it now is, small businesses and the large firms that are awarded prime small businesses and entrepreneurs. entrepreneurs need the SBA even more. contracts. However, small businesses (At the request of Mr. DASCHLE, the Our Committee has heard from the continue to experience difficulties at following statement was ordered to be small-business community that de- the subcontract level as well. This bill printed in the RECORD.) mand for training and assistance and contains strong language that ∑ Mr. KERRY. Mr. President, today, as access to capital is up, yet this admin- strengthens oversight and enforcement Ranking Democrat on the Committee istration has proposed freezing funding of small business subcontracting plans on Small Business and Entrepreneur- for virtually all SBA programs for six to ensure small business subcontrac- ship, I join the Committee’s Chair, years. Their proposal includes no ad- tors are not neglected. Senator OLYMPIA SNOWE in introducing justment for inflation or demand, de- Furthermore, we have included provi- a three-year reauthorization bill for spite SBA’s own numbers that show de- sions to encourage contracting oppor- the Small Business Administration’s mand is up for its programs. tunities for women-owned businesses— programs. These programs help small It is carrying out our legislative and one of the fastest growing segments of businesses, often called the engine of oversight responsibilities that Chair the small business sector of our econ- the American economy, with access to SNOWE and I raised a number of con- omy. Despite their success, women- capital, business advice and training cerns regarding the SBA’s reauthoriza- owned small businesses have testified and Federal procurement opportuni- tion proposal and the overall manage- before the Small Business Committee ties. But before I speak more specifi- ment and direction of many of the about how difficult it is to do business cally about the provisions of the bill, I agency’s programs through hearings, with the Federal Government. Three would like to thank Chair SNOWE for and roundtables and in letters and years ago Congress created a Procure- working hand-in-hand with me on this, phone calls to the administration. And ment Program for Women-Owned my third, reauthorization of the Small after hearing from the community and Small Business Concerns. That legisla- Business Administration. Having working with small business experts in tion required the promulgation of regu- worked closely on two previous reau- the field, Senator SNOWE and I came to lations to help implement new small thorizations, and as a member of the the conclusion that many of the pro- business procurement set-asides for Small Business and Entrepreneurship posals put forth by the Small Business women-owned businesses. Committee for over 18 years, I can tell Administration would not help the The legislation, however, conditioned you that the SBA reauthorization proc- agency’s programs but ultimately the regulations by first requiring a ess takes diligence and a strong atten- hinder them. study to be conducted to justify the tion to detail. I want to commend Sen- This administration and small busi- disparate treatment of women in var- ator SNOWE for taking the initiative to nesses across this Nation will find, ious procurement instances. At the draft legislation that makes such im- however, that our prescription for Small Business Committee’s round- portant and necessary changes to the small businesses in a flailing economy

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9054 CONGRESSIONAL RECORD — SENATE July 8, 2003 is quite different. Our reauthorization terms of up to 25 years, we made per- loans. I thank Senator SNOWE and my legislation embraces the programs that manent the reduction in the fees bor- colleagues for agreeing to try this for have worked for years, redirects those rowers and lenders pay. We are testing three years, similar to what we have that have struggled and sets the SBA a proposal that allows the most pro- done with the microloan program. And and up for continued success. ficient 7(a) lenders in good standing to I thank the trade association of 504 Although banks have plenty of cash lend in every state. Lenders have com- lenders, the National Association of to lend, small businesses are still hav- plained that applying for lending au- Certified Development Companies, and ing a problem getting access to credit. tonomy in each of the 70 district office other 504 lenders for their endorsement For the past few years as the economy and branches is administratively bur- of an input on the pilot. has fizzled, the Federal Reserve has re- densome, both for them and for the The more research I’ve done, the ported that banks have cut back on Agency staff, and that some district of- more I’ve come to realize how vitally lending to small businesses, making it fices have taken advantage of the important it is that we give non-profit harder and more expensive to get power to approve or disapprove lenders day care providers the same opportuni- loans. And who has been there to pick when they apply for this special lend- ties as for-profits to expand their busi- up the slack? The Small Business Ad- ing status. nesses. Non-profit day care centers are ministration and its lending partners. I want to make clear while I want to often the only child care suppliers Lending is up in SBA’s largest lend- avoid unnecessary paperwork and available in needy areas, from the most ing program for working capital. Lend- eliminate reported abuses, I do not urban to the most rural. Giving these ing is up in SBA’s microloan program, want the lenders to take this as au- businesses access to 504 loans for three which serves those with the least ac- thority to quit working with the dis- years will allow us to gauge whether cess to capital through the private sec- trict directors. It is important to have this valuable loan program is the best tor. And SBA’s venture capital pro- a local connection and for the SBA and way to aid these valuable providers of grams account for a significant role— the lenders to work together to maxi- care to our Nation’s children. I have more than 50 percent—in this country’s mize service to the small businesses. taken note of states like Oregon, where investment in our fastest-growing For this purpose I have included a pro- 79 percent of day care providers are small businesses. Last year these loans vision which directs the SBA to con- non-profit, Michigan, where that num- pumped about $20 billion into the econ- sider the recommendations and com- ber jumps to 86 percent, Iowa with 77 omy, leveraged millions more from the ments of any district directors and re- percent, my own State of Massachu- private sector, fed the local tax base as gional administrators when reviewing setts with 90 percent, Ohio with 62 per- the Federal government cut back, and a lender for national lending authority. cent, and the list goes on and on. I’ve created at least 400,000 jobs. To increase the value of 7(a) loans learned that in State after State fami- As the Committee reviewed SBA’s sold in the secondary market, the Com- lies are waiting for affordable day care; programs for reauthorization, these mittee has included a provision to from more than one thousand families facts figured largely into establishing allow SBA to pool and sell the guaran- on the waiting list in Nevada and the program levels. I thank our Chair, teed portion of loans with varied rates. Maine to more than thirty thousand on Senator SNOWE, for working with me to Currently SBA has the authority to the list in Texas. These parents are set the levels for SBA’s lending and only sell those loans with identical waiting for quality day care they can venture capital programs at increasing rates. This should create efficiencies in afford, and making available affordable levels for the next three years. I am market and bring down borrowing loans to all licensed child care pro- particularly pleased with the increased costs for the small business borrower. viders may increase access to care and funding levels for the microloan pro- At Senator SNOWE’s request, in order to cut down those waiting lists. grams. reach more under-served small busi- I understand the concerns of those I disagree with the administration’s nesses, we have enhanced the Low-Doc who are concerned about the precedent proposals over the past few years to program, allowing lenders to use the of SBA lending to non-profits. And I cut back its investment in microloans simplified application form for loans agree it should not be expanded to all and training assistance to micro-entre- up to $250,000 from $100,000, making it industries. However, this is a very preneurs. And I disagree with the the same as the SBA Express program. unique industry that in many States is Adminstration’s contention that these We have also expanded the incentives delivered mostly through non-profits, borrowers are being served through the for lenders to provide financing to ex- and the only way to penetrate the mar- 7(a) loan program. The small borrower port small businesses, and proposed let- ket is to reach both for-profit and non- in the microloan program is different ting 7(a) borrowers use a simplified size profit. Further, non-profits are usually than the small borrower being served standard when determining if an appli- the providers that care for the neediest through the 7(a) loan program. Both cant is a small business. kids. I have added provisions to ensure are important, but they are different, To improve the 504 loan program, the underwriting standards are just as and one is not a substitute for the which makes long-term loans of up to tough, if not more so, as those applied other. 20 years to small, growing businesses to for-profit centers. The loans must be And who are these borrowers being to buy equipment and buildings, we personally guaranteed, the collateral served through the microloan program? have also raised the debenture size to must be owned outright by the child Thirty percent are African American. keep pace with the rising cost of com- care provider, and it must be able to Eleven percent are Hispanic. Thirty- mercial real estate and equipment. We make its loan payments and cover nor- seven percent are women. And any- have brought the job requirement mal operating expenses from the rev- where from 30 to 40 percent go to small standard up from $35,000 to $50,000 after enue generated from its clients. With businesses in rural areas. Banks turn ten or twelve years. We have directed these protections, the loans to non- these borrowers away, and yet the ad- SBA to simplify the application and profits should perform just as well as ministration proposed cutting the documentation process of applying for those made to for-profits, and if there microloan program by 36 percent in its and closing 504 loans, long a goal of is a problem, the loans should be most recent budget. SBA needs to fully this Committee and made a priority collateralized sufficiently to cover the fund these programs and put more re- based on the testimony of one of our losses. sources into the office that manages witnesses during the reauthorization The bill defines a small, non-profit the program. Four people is not enough process. We have created two alter- child care business to mean an entity to manage 1,400 loans and 180 grants. natives for 504 lenders to use when es- organized as a 501(c)(3), but not just Aside from setting the levels for each tablishing a loan loss reserve to cover any organization. It must be a licensed small business financial assistance pro- potential losses. child care provider; it must meet the gram, we made important program I am particularly pleased that we size standard for a small business; and changes and started new initiatives. In have included S. 822, the Child Care it must provide care to infants, tod- the 7(a) loan program, SBA’s largest Lending Pilot Act in the reauthoriza- dlers and pre-kindergarten and older loan program, which provides working tion bill. It allows small, non-profit children after school. At Senator capital to small businesses with long childcare businesses access to 504 SNOWE’s request, the pilot is limited to

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9055 7 percent allowed for pilots under In this bill are also provisions to only have one type of loan or venture SBA’s 7(a) guaranteed business loan shore up SBA’s venture capital pro- capital financing structure for the 25 program. I feel that the agreed upon grams—the Small Business Investment million small businesses in this coun- cap should allow for sufficient lending Company Debenture and Participating try, it would be futile to water down under the pilot to adequately test Securities programs, and the New Mar- specialized management and training whether lending to non-profit childcare kets Venture Capital Program. We programs to impose a one-size-fits-all providers is effective in increasing ac- have balanced investment incentives approach. cess to affordable childcare, and wheth- with soundness issues and allowed I want to commend Chair SNOWE for er it protects the general 504 program, small businesses to receive more SBIC giving women entrepreneurs such a which is vital to the financing of small financing than currently permissible if prominent place in the reauthoziation businesses in this country. they also have a 504 or 7(a) loan. We process. Rarely do women entre- The bill also includes a comprehen- have improved the arrangement for dis- preneurs get the recognition and atten- sive study by the GAO to track and tributing payments from successful tion they deserve for their contribu- monitor the impact of this program SBICs so that SBA and the investors tions to our economy: 18 million Amer- both on the industry and the program. are treated more fairly and the tax- icans would be without jobs today if it Last, I want to remind my colleagues payers has more protection for real- weren’t for these entrepreneurs who that the 504 program is funded entirely izing repayment on the investments. had the courage and the vision to through fees and does not require ap- We have put in place conforming strike out of their own. During my ten- propriations. amendments to make the New Markets ure as a member, Chair, and lead Dem- Also included in this bill is S. 318, the Venture Capital program work with ocrat of the Senate Committee on Small Business Drought Relief Act. the New Markets Tax Credit, as Con- Small Business and Entrepreneurship, I This simply reinforces in legislation gress intended. We have clarified that have worked to increase and improve something which SBA should already new markets venture capital compa- the opportunities for enterprising en- be doing. You see, the SBA doesn’t nies have two years to raise their trepreneurial women in a variety of treat all drought victims the same. The matching capital, as Congress in- ways, leading to greater earning power, Agency only helps those small busi- tended. The Committee has been trou- financial independence and asset accu- nesses whose income is tied to farming mulation—and I am glad that Senator and agriculture. However, farmers and bled by the Agency’s interpretation of SNOWE is joining me in this endeavor. ranchers are not the only small busi- the NMVC statute which they viewed As Chair SNOWE expressed when she ness owners whose livelihoods are at as permitting SBA to choose how much time it can give conditionally approved introduced the Women’s Small Busi- risk when drought hits their commu- ness Programs Improvement Act—and nities. The impact can be just as dev- NMVCs to raise the private-sector when Senator SNOWE and I passed the astating to the owners of rafting busi- matching money. The chosen time frames were unreasonable and not what Women’s Business Center’s Preserva- nesses, marinas, and bait and tackle tion Act—protecting the extremely ef- shops. Sadly, at present these small Congress intended. fective and well-established Women’s businesses cannot get help through the We have also included many meas- Business Center network was a high SBA’s disaster loan program because of ures to strengthen SBA’s oversight of priority in this reauthorization. For something taxpayers hate about gov- lenders, responding to findings by the that reason, we make permanent the ernment—bureaucracy. General Accounting Office and the Of- The SBA denies these businesses ac- fice of Inspector General. And we have Women’s Business Center Sustain- cess to disaster loans because its law- reauthorized and clarified the law for ability Pilot Program by creating yers say drought is not a sudden event surety bond guarantees to help small three-year ‘‘renewal’’ grants for those and therefore it is not a disaster by businesses get government contracts. centers with sustainability grants and definition. However, contrary to the While no one would deny the impor- four-year ‘‘initial’’ grants for new cen- Agency’s position that drought is not a tance access to capital plays in the ters; increase the program’s authoriza- disaster, as of July 16, 2002, the day success of small businesses, as SBA Ad- tion levels; and direct the Office of this legislation was introduced last ministration Hector Barreto and past Women’s Business Ownership, OWBO, year, the SBA had in effect drought SBA Administrators have acknowl- to make all Women’s Business Center disaster declarations in 36 states. That edged time and again, debt is not al- grants at $150K and to consult with the number had grown to 48 the beginning ways the answer. In the SBA’s FY 2004 associations of Women’s Business Cen- of this year, demonstrating that prob- budget request, there is reference to in- ters when making improvements to the lem had gotten worse and even more formation from the Ewing Marion program. Other changes to the Wom- small businesses were in need. Kauffman Foundation and Dun & Brad- en’s Business Center Program include As I have said time and again, the street that indicates ‘‘80 percent of new streamlining the data collection and SBA has the authority to help all small businesses discontinue operation with- the grant application and selection cri- businesses hurt by drought in declared in five years because of lack of ‘knowl- teria, protecting the privacy of Wom- disaster areas, but the Agency won’t do edge’ of key business skills.’’ Despite en’s Business Council, WBC, clients, it. For years the Agency has been ap- the recognized importance of such as- and providing for a smooth transition plying the law unfairly, helping some sistance, the SBA’s funding request for from sustainability to the newly estab- and not others, and it is out of compli- FY 2004 and its legislative proposal to lished WBC program. Our legislation ance with the law. The Small Business implement that request would freeze will not only secure the future of the Drought Relief Act of 2003 would force funding levels for virtually all Agency Women’s Business Center Program, but SBA to comply with existing law, re- programs, without even accounting for it will connect all SBA-related wom- storing fairness to an unfair system, inflation, for a six-year period. If en- en’s initiatives with a unified mission, and get help to small business drought acted, that would severely hamstring similar guidance and training. These victims that need it. I thank Senator this nation’s small businesses and their changes were coupled with minor, yet BOND for working with me on this when ability to effectively compete and pros- significant, changes to the National he was the Ranking Member of the per in the national economy. Women’s Business Council, NWBC, and Committee on Small Business & Entre- Cuts to or inadequate funding of the the Interagency Committee on Wom- preneurship, and I thank Senator SBA’s entrepreneurial development en’s Business Enterprise. Senator SNOWE and her staff for all their help programs are often attributed to vague SNOWE and I included provisions to give and support. While we might have had and unfounded claims of duplication. the NWBC cosponsorship authority, to a lot of rain recently in the Northeast, Such claims mistake a common mis- allow more flexibility in the way the there are areas like Lake Mead in Ari- sion of training and counseling for du- Council uses funds, and to direct the zona where it is so dry that the water plication, ignoring the reality that Council to serve as a clearinghouse for level is down and small businesses are small businesses vary greatly, are historical data. Each of these things losing business and making expensive often at very different stages of devel- will enable the Council to become a changes to extend docks to reach the opment, and have many different better resource for the Administration, water. needs. Just as it would be ineffective to Congress and the entire small-business

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9056 CONGRESSIONAL RECORD — SENATE July 8, 2003 community. To bolster the representa- ment from the Federal government above $2 million and additional re- tion of women business owners in the that we will help them, particularly quirements for those contracts above federal government, our bill re-estab- during these difficult economic times. $5 million. The Department of Defense lishes the Interagency Committee on To reaffirm this commitment, the is required to meet two types of similar Women’s Business Enterprise, directs Johnson-Kerry-Smith bill provides Na- requirements for contracts above $5 the Deputy Administrator of the SBA tive Americans the resources they need million and $7 million. The bill also to serve as acting chairperson of the to take advantage of the opportunities eliminates the use of the term ‘‘con- Interagency Committee until a chair- of entrepreneurship. tract bundling’’ and expands the defini- person is appointed, establishes a Pol- The Native American Small Business tion of ‘‘contract consolidation,’’ clos- icy Advisory Group to assist the Com- Development Act, as included in our ing a loophole that has been widely mittee’s chairperson in developing reauthorization bill, will ensure that used and has detrimentally affected policies and programs under this Act the SBA’s programs to assist Native small businesses. and creates three subcommittees simi- American communities cannot be dis- The second provision increases in the lar to those created under the National solved by making the SBA’s Office of number of Procurement Center Rep- Women Business Council. Native American Affairs, ONAA, and This bill also supports and protects its Assistant Administrator perma- resentatives (PCRs) stationed through- the Small Business Development Cen- nent. Our legislation would also create out the country. These representatives ter network, which has served 9 million a statutory grant program, known as advocate on behalf of small businesses small-business owners since its incep- the Native American Development in cases directly affecting contracting, tion more than 20 years ago. It should grant program, to assist Native Ameri- such as the bundling or consolidation also be noted that in 2001, SBDCs cans. It would also establish two pilot of contracts. In the bill, we have in- helped small businesses create or re- programs to try new means of assisting creased the number of PCRs to ensure tain over 80,000 jobs, generate $3.9 bil- Native American communities and re- that every state and every major pro- lion in sales and obtain $2.7 billion in quire Native American communities to curement center is allocated at least financing. For every dollar spent on an be consulted regarding the future of one PCR. Meanwhile, we have also en- SBDC, $2.09 in tax revenue was re- SBA programs designed to assist them. sured that these PCRs are not burdened turned to the Federal Government. In short, this legislation will ensure with responsibilities that were pre- Numbers aside, the nationwide net- that our Native American communities viously the duties of Breakout PCRs work of SBDCs provide important receive the adequate assistance they and Commercial Marketing Represent- counseling services to small-business need to help start and grow small busi- atives. These two improvements will owners that are unable to afford pri- nesses. dramatically increase the efficacy and vate consulting, many of whom are To address the growing business de- efficiency of all three positions and women and minority clients. The SBDC velopment needs of veterans, Senator allow proper review of the approxi- program has grown to serve 1.25 mil- SNOWE and I reauthorized the Advisory mately 40 percent of Federal contracts, lion small-business owners and entre- Committee on Veterans Affairs, ex- nearly $90 billion, that are currently preneurs each year, and there are near- panded veterans outreach grants from not being reviewed by PCRs. This ly 1,000 centers serving every State in just service-disable veterans, to vet- should increase small business’s access Nation. erans, reservists and service-disable to Federal contract opportunities. While this bill rejects the potentially veterans. Further, we increase the The bill would also create a reporting detrimental changes proposed by the funding for the Office of Veterans Busi- requirement for the BusinessLINC pro- SBA to the SBDC network, it does ad- ness Development to enable that office gram, which has been showing promise dress concerns expressed by the centers to better deal with the demand by vet- in creating real teaming opportunities and small businesses. Included in our erans for outreach and development for small businesses in the private sec- bill are increased authorization levels services. tor. Although the Administration rec- We continue to receive reports of the to keep up with increased demand and ommended elimination of the program, detrimental effects of the Administra- a provision to protect the privacy of the reports this Committee received re- tion’s policy of reduced staffing and re- the program’s clients and a provision garding the overwhelming success of sources for essential programs aimed to help SBDCs that have been ad- the existing nine programs made it at allowing small businesses to thrive. versely affected by poor economic con- clear that the SBA did not have suffi- Week after week, the Federal Times re- ditions or government downsizing. cient information about BusinessLINC Also, included in the entrepreneurial ports on the decline in contracts being to make an informed decision on its ef- development section of our bill is a allocated to small businesses, small fectiveness. The Committee’s bill provision to increase to $7 million an- businesses losing ground in the federal would ensure that the SBA offers the nually the authorization level for the marketplace, and most recently, on the proper level of oversight and would fos- Service Corps of Retired Executives, awarding of more big contracts with ter the continued success of the pro- SCORE, which has nearly 11,000 volun- less oversight from Federal agencies. gram. I would like to thank Senator teers, and a technical change to allow With agencies awarding larger, more SNOWE for working with me to find a SCORE to keep its modest staff of four- complex and more costly contracts compromise to preserve this successful teen employees. with less staff performing oversight, program. I want to thank Senator SNOWE for this nation’s small businesses and its working with me to include, as intro- tax payers are the ones shouldering the At each of this Committee’s three duced, the Native American Small burden when small business goals con- Roundtables on Reauthorization and Business Development Act, which I re- tinue to be unmet. In addition to help- the hearing on contract bundling, the introduced earlier this year together ing small businesses obtain access to small business community reiterated with Senator JOHNSON and Senator procurement opportunities, these goals the need for accountability for small SMITH to address the SBA’s growing are meant to help the government ben- business contracting at the agency lack of commitment to the Native efit from the cost-savings and innova- level. I applaud Senator SNOWE on her American community. According to a tions small business contractors can efforts to ensure that Federal agencies report released by the U.S. Census Bu- often provide. be held accountable for fully utilizing reau, the ‘‘three year average poverty Significant improvements to the on- small businesses and to allow a greater rate for American Indians and Alaska going problem of contract bundling, amount of Congressional oversight of Natives [from 1998–2000] was 25.9 per- also called contract consolidation, are the implementation of agency procure- cent; higher than for any other race included in this bill. The first provision ment strategies. Provisions within this groups.’’ With an unemployment rate creates a two-tiered approach to pre- bill will ensure that the heads of Fed- well above the national average and venting unnecessary contract consoli- eral agencies identify a specific portion household income at just three-quar- dation. Civilian agencies will be re- of their budget request that will be ters of the national average, Native quired to meet specific standards if awarded to small businesses in their American communities need a commit- they attempt to consolidate contracts strategic plan and their annual budget

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9057 submission to Congress; will hold sen- cussions on their jobs. That is com- U.S. SENATE, ior executives and senior program man- pletely unacceptable. Washington, DC, July 1, 2003. agers accountable in their annual per- So today, Senator ENSIGN and I are LTG ROBERT B. FLOWERS, formance evaluations for small busi- introducing legislation to expand the Chief of Engineers, U.S. Army Corps of Engi- neers, Washington, DC. ness utilization in Federal contract whistleblower protections. The bill we DEAR GENERAL FLOWERS: More than a dec- awards. are introducing does two things. ade ago, the Corps of Engineers was tasked In addition to increasing opportuni- First, the bill would expand whistle- with revising the Missouri River Master ties for prime contracts, this bill ad- blower protection to all Department of Manual, which governs the management of dresses another serious problem: small Energy and Nuclear Regulatory Com- the Missouri River. As you well know, I have businesses have been severely ham- mission employees and their contrac- been very frustrated with the long history of strung by dishonest practices by some tors’ and subcontractors’ employees. missed deadlines and continual delays. It businesses that have prime contracts Second, the bill would provide a proc- certainly appears that the Corps has no in- with the Federal Government and re- ess for whistleblowers to utilize Fed- tention of moving forward with a new Master Manual any time in the near future. In addi- ceive preference over other prime con- eral courts if their cases are not addressed quickly by the Department of tion, as I have learned more about the un- tractors due to their superior subcon- fairness of the current management plan, I tracting plans. Senator SNOWE and I Labor. am concerned that the Corps is either un- have worked closely to address the con- Our Democracy depends on the abil- willing or unable to implement equitable cerns of small businesses regarding ity of citizens and their elected rep- management of the River. delays in payment, false reporting and resentatives to make informed deci- Lake Sakakawea in North Dakota has suf- the use of ‘‘bait and switch’’ tactics by sions. That means we need to know the fered lake level decreases of over 16 feet. prime contractors. truth about the issues. This has had a devastating effect on the recreational uses of the lake. It is unacceptable This bill holds prime contractors re- These changes are simple fixes that help ensure that Federal employees for the Corps to continue to shortchange the sponsible for the validity of subcon- upstream states by sending water down- tracting data, requiring the CEO to and other people working for the Fed- eral Government never have to fear stream for a barge industry that generates certify to the accuracy of the subcon- less than a tenth of the economic activity as tracting report under penalty of law. It they will lose their jobs for simply tell- the upstream recreational interests. Fort also expands the penalties for fal- ing the truth. Peck in Montana has seen lake level declines I hope the Senate will act quickly on sifying data included in subcontracting of 21.2 feet and Lake Oahe in South Dakota this important legislation. reports to match the $500,000 penalty has suffered lake level reductions of more than 22 feet. for businesses that falsify their status By Mr. DORGAN: And the downstream lakes? These lakes as a small and disadvantaged business. S. 1378. A bill to transfer to the Sec- have seen virtually no change in their lake If one intentionally falsifies data as a retary of the Interior authority to re- levels. Harry S. Truman Lake in Missouri part of a subcontracting report to a vise the Missouri River Master Water has lost less than half a foot of elevation. Federal agency, he is defrauding the Control Manual; to the Committee on Lake Rathbun in Iowa is down just 2.4 feet. United States government and will be Environment and Public Works. This is truly a case of double jeopardy for punished to the full extent of the law. Mr. DORGAN. Mr. President, thir- the upstream states. The water from their I commend Senator SNOWE for her dili- teen years ago the Corps of Engineers lakes gets drained off for a nearly non-exist- gence in creating these strict penalties ent barge industry at a time when the down- was given 6 months to revise the Mis- stream states are not asked to make any and her efforts to create a bipartisan souri River Master Manual. The Master contributions from their own lakes. The response to protect small businesses. Manual provides a framework for man- table below shows the inequity of this situa- I want to thank Chairwoman SNOWE aging the flows on the Missouri River. tion. and her able staff for all of their hard But here we are, thirteen years later, work over the past several months. I and nothing has happened. So today I DOWNSTREAM LAKES also want to express my gratitude to am introducing legislation to take Change in all members of the Committee and management away from the Corps of Lake elevation urge them and my other Senate col- Engineers and give it to the Bureau of (feet) leagues to support the Small Business Reclamation. Harry S Truman Lake (MO) ...... ¥0.4 Administration 50th Anniversary Reau- In my judgment, the Corps has failed Stockton Lake (MO) ...... ¥4.8 ∑ Pomme De Terre (MO) ...... ¥1.9 thorization Act of 2003. miserably in its efforts to revise the Lake Rathbun (IA) ...... ¥2.4 Master Manual. In the interim, the By Mr. REID (for himself and Mr. Corps has managed the River in a way UPSTREAM LAKES ENSIGN): that benefits the downstream States at S. 1376. A bill to include the Depart- the expense of the upstream States, de- Change in ment of Energy and the Nuclear Regu- spite the fact that the upstream States Lake elevation (feet) latory Commission as employers for generate ten times more economic ac- the purposes of whistleblower protec- tivity from recreational use than the Fort Peck (MT) ...... ¥21.2 Lake Sakakawea (ND) ...... ¥16.2 tion; to the Committee on Energy and downstream states generate from barge Lake Oahe (SD) ...... ¥22.1 Natural Resources. traffic. Mr. REID. Mr. President, I rise today And this mismanagement has cost The Corps has developed a deplorable track to introduce legislation providing North Dakota a lot. Enough is enough. record of managing the Missouri River to the greater protection for workers dealing It’s time to take this responsibility detriment of the upstream states and the with nuclear materials and nuclear away from the Corps and give it to the millions of people who live in that region. power. I am pleased to introduce this Bureau of Reclamation. The Bureau This is just the latest in the Corps’ string of legislation today with my colleague poor decisions. manages other rivers, like the Colorado It is clear the Corps is simply incapable to from Nevada, Senator ENSIGN. River, so let’s give them a chance to managing the Missouri River in a fair and Several weeks ago, I chaired a hear- manage the Missouri and to revise the equitable fashion. ing of the Energy and Water Develop- Master Manual. Perhaps this will give For this reason, I plan to introduce legisla- ment Subcommittee on problems fac- the upstream States a chance to be tion when the Congress returns from its July ing the Yucca Mountain project. I was treated fairly for a change. work period, that would transfer authority extremely disappointed that two of the I have written a letter to the head of for the revision of the Master Manual and witnesses—both current employees of the Corps of Engineers, General Robert the responsibility for the management of the the Department of Energy and one of Flowers, expressing my concern about dams along the Missouri River, to the Bu- its contractors—failed to testify at the reau of Reclamation. The Corps has failed in this issue and I ask unanimous consent its mission to manage the River in an effec- hearing. that this letter be printed in the tive way and has neglected to revise the It was clear to me that these people RECORD. Master Manual despite 13 years of work on failed to appear before the committee There being no objection, the letter the project. My patience has run out, and I because they were concerned that their was ordered to be printed in the believe it is time to make a dramatic change appearance could have negative reper- RECORD, as follows: in the stewardship of and the responsibility

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9058 CONGRESSIONAL RECORD — SENATE July 8, 2003 for the River so that the upstream states can to the bill S. 925, to authorize appropriations approaches to optimize the capability have some hope of fairness and equity. for the Department of State and inter- of those laboratories to respond to na- Sincerely, national broadcasting activities for fiscal tional needs. BYRON L. DORGAN, year 2004 and for the Peace Corps for fiscal The purpose of this second hearing is U.S. Senator. years 2004 through 2007, and for other purposes; which was ordered to lie on the table. to contrast the management of science I ask unanimous consent that the and technology resources by the De- text of the bill be printed in the f partment of Energy with management RECORD. TEXT OF AMENDMENTS of such resources in other agencies and There being no objection, the bill was in the private sector towards the goal Mr. LAUTENBERG sub- ordered to be printed in the RECORD, as SA 1135. of suggesting approaches for opti- mitted an amendment intended to be follows: mizing the DOE’s management and use proposed by him to the bill S. 925, to S. 1378 of its science and technology resources. Be it enacted by the Senate and House of Rep- authorize appropriations for the De- Because of the limited time available resentatives of the United States of America in partment of State and international for the hearings, witnesses may testify Congress assembled, broadcasting activities for fiscal year by invitation only. However, those SECTION 1. MISSOURI RIVER MASTER WATER 2004 and for the Peace Corps for fiscal wishing to submit written testimony CONTROL MANUAL. years 2004 through 2007, and for other (a) FINDINGS.—Congress finds that— for the hearing record should send two purposes; which was ordered to lie on copies of their testimony to the Com- (1) the original study for the revision of the table; as follows: the operating plan under the Missouri River mittee on Energy and Natural Re- Master Water Control Manual was begun in At the appropriate place in the bill, add sources, U.S. Senate, Washington, DC November 1989 and was scheduled to be com- the following: 20510–6150. pleted 6 months later; SEC. ll. JUSTICE FOR UNITED STATES MARINES f (2) the Corps of Engineers has missed that ACT. deadline by more than 13 years and has con- (a) SHORT TITLE.—This section may be AUTHORITY FOR COMMITTEES TO sistently missed every other deadline set in cited as the ‘‘Justice for United States Ma- MEET the interim; rines Act’’. (3) the Corps of Engineers is unable or un- (b) AMENDMENT.—Section 1404C(a)(3) of the COMMITTEE ON ARMED SERVICES willing to move the process forward to revise Victims of Crime Act of 1984 (42 U.S.C. Mr. ENZI. Mr. President, I ask unani- the Manual, despite legal requirements, di- 10603c(a)(3)) is amended by striking ‘‘Decem- mous consent that the Committee on rection from Congress, scientific evidence, ber 21, 1988, with respect to which an inves- Armed Services be authorized to meet and various lawsuits from affected parties; tigation or’’ and inserting ‘‘October 23, 1983, during the session of the Senate on (4) in report number RCED–92–4 in January with respect to which an investigation or Tuesday, July 8, 2003, at 2:15 p.m., in civil or criminal’’. 1992, the Comptroller General of the United closed session, to receive a classified States concluded that there is no statutory f or regulatory basis for any contention by the briefing on the situation in Africa, Corps of Engineers that the Corps is bound to NOTICES OF HEARINGS/MEETINGS with a focus on Liberia. give higher priority to navigation interests The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL than to recreation interests affected by the objection, it is so ordered. RESOURCES operation of dams on the Missouri River; COMMITTEE ON COMMERCE, SCIENCE, AND (5) the Missouri River yields more than 10 Mr. DOMENICI. Mr. President, I TRANSPORTATION times the economic benefit for recreation would like to announce for the infor- Mr. ENZI. Mr. President, I ask unani- and tourism in upstream States than it does mation of the Senate and the public mous consent that the Committee on for shipping interests in the downstream that a hearing has been scheduled be- Commerce, Science, and Transpor- States; and fore the Committee on Energy and Nat- tation be authorized to meet on Tues- (6) it appears that the Corps of Engineers is ural Resources. unable to provide the leadership necessary to day, July 8, 2003, at 9:30 a.m., on the finalize revisions to the Manual. The hearing will be held on Tuesday, nomination of Nicole Nason, DOT, and (b) DEFINITIONS.—In this section: July 15, at 2:30 p.m., in room SD–366 of Pamela Harbour, FTC, and imme- (1) SECRETARY OF THE ARMY.—The term the Dirksen Senate Office Building. diately following a hearing on ‘‘Radio ‘‘Secretary of the Army’’ means the Sec- The purpose of this hearing is to re- Ownership’’ in SR–253. retary of the Army, acting through the Chief ceive testimony regarding the Compact The PRESIDING OFFICER. Without of Engineers. of Free Association with the Federated objection, it is so ordered. (2) SECRETARY OF THE INTERIOR.—The term States of Micronesia and the Republic COMMITTEE ON FINANCE ‘‘Secretary of the Interior’’ means the Sec- of the Marshall Islands. retary of the Interior, acting through the Mr. ENZI. Mr. President, I ask unani- Commissioner of Reclamation. Because of the limited time available mous consent that the Committee on (3) MANUAL.—The term ‘‘Manual’’ means for the hearing, witnesses may testify Finance be authorized to meet during the Missouri River Master Water Control by invitation only. However, those the session on Tuesday, July 8, 2003, at Manual. wishing to submit written testimony 10 a.m., to hear testimony on An Ex- (c) TRANSFER OF AUTHORITY.—There is for the hearing record should send two amination of U.S. Tax Policy and Its transferred from the Secretary of the Army copies of their testimony to the Com- to the Secretary of the Interior all authority Effect on the Domestic and Inter- mittee on Energy and Natural Re- national Competitiveness of U.S.-Based of the Secretary of the Army to— sources, U.S. Senate, Washington, DC (1) revise the Manual; and Operation. (2) operate the dams the operation of which 20510–6150. The PRESIDING OFFICER. Without is governed by the Manual. For further information, please con- objection, it is so ordered. (d) COMPLETION OF CURRENT REVISION.—The tact Meghan Beal at 202.224.7556 or COMMITTEE ON THE JUDICIARY Secretary of the Interior shall, to the max- [email protected]. imum extent practicable, complete the revi- Mr. ENZI. Mr. President, I ask unani- COMMITTEE ON ENERGY AND NATURAL mous consent that the Committee on sion of the Manual begun by the Secretary of RESOURCES the Army before the date of enactment of the Judiciary be authorized to meet to this Act not later than the date set for com- Mr. DOMENICI. Mr. President, I conduct a hearing on ‘‘Executive Nomi- pletion by the Secretary of the Army. would like to announce for the infor- nations’’ on Tuesday, July 8, 2003, at (e) MANAGEMENT OF WATER RESOURCE mation of the Senate and the public 2:30 p.m., in the Dirksen Senate Office PROJECTS.—After the Secretary of the Inte- that a hearing has been scheduled be- Building Room 226. rior revises the Manual, the Secretary of the fore the Committee on Energy and Nat- Interior shall manage water resource ural Resources. Agenda projects formerly operated by the Corps of The hearing will be held on Thurs- Panel I: Senators. Engineers in accordance with the revised day, July 17, at 10 a.m., in room SD–366 Panel II: Michael J. Garcia to be As- Manual. of the Dirksen Senate Office Building. sistant Secretary, U.S. Department of AMENDMENTS SUBMITTED & This is the second in a series of hear- Homeland Security; and Jack Landman PROPOSED ings devoted to the improved under- Goldsmith III to be Assistant Attorney SA 1135. Mr. LAUTENBERG submitted an standing of the governance of the De- General, Office of Legal Counsel, U.S. amendment intended to be proposed by him partment of Energy laboratories and Department of Justice.

VerDate Mar 15 2010 21:13 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S08JY3.REC S08JY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2003 CONGRESSIONAL RECORD — SENATE S9059 The PRESIDING OFFICER. Without morning hour be deemed expired, the ate, I ask unanimous consent that the objection, it is so ordered. Journal of proceedings be approved to Senate stand in adjournment under the SUBCOMMITTEE ON CLEAN AIR, CLIMATE date, the time for the two leaders be previous order. CHANGE, AND NUCLEAR SAFETY reserved for their use later in the day, There being no objection, the Senate, Mr. ENZI. Mr. President, I ask unani- and the Senate then resume debate on at 7:57 p.m., adjourned until Wednes- mous consent that the Subcommittee the motion to proceed to the consider- day, July 9, 2003, at 9:30 a.m. on Clean Air, Climate Change, and Nu- ation of S. 11, the Patients First Act, clear Safety be authorized to meet on provided that the time until 11:30 a.m. f Tuesday, July 8, at 9:30 a.m., to exam- be equally divided between the two leaders or their designees, and provided ine agricultural sequestration of car- NOMINATIONS bon. further that the time from 11:10 a.m. to The hearing will take place in SD 406 11:20 a.m. be under the control of the Executive nominations received by (Hearing Room). Democratic leader or his designee and the Senate July 8, 2003: The PRESIDING OFFICER. Without the remaining time until 11:30 a.m. be DEPARTMENT OF JUSTICE objection, it is so ordered. under the control of the Republican leader or his designee. DANIEL J. BRYANT, OF VIRGINIA, TO BE AN ASSISTANT SUBCOMMITTEE ON NATIONAL PARKS ATTORNEY GENERAL, VICE VIET D. DINH, RESIGNED. The PRESIDING OFFICER. Without Mr. ENZI. Mr. President, I ask unani- IN THE ARMY objection, it is so ordered. mous consent that the Subcommittee THE FOLLOWING ARMY NATIONAL GUARD OF THE on National Parks of the Committee on f UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER Energy and Natural Resources be au- PROGRAM TITLE 10, U.S.C., SECTION 12203: thorized to meet during the session of Mr. BROWNBACK. For the informa- To be brigadier general the Senate on Tuesday, July 8, 2003, at tion of all Senators, tomorrow the Sen- COL. CHARLES S. RODEHEAVER, 0000 10 a.m. ate will resume debate on the motion IN THE NAVY The purpose of the hearing is to con- to proceed to the consideration of S. 11, duct oversight of the maintenance THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Patients First Act. Under the pre- IN THE UNITED STATES NAVY TO THE GRADE INDICATED backlog, land acquisition backlog, and vious order, at 11:30 a.m. the Senate WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND deficit in personnel within the Na- will vote on the motion to invoke clo- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: tional Park System, including the im- ture on the motion to proceed. Imme- To be vice admiral pact of new park unit designations on diately following that vote, the Senate REAR ADM. RODNEY P. REMPT, 0000 resolving each of these concerns. will proceed to executive session and IN THE AIR FORCE The PRESIDING OFFICER. Without vote on the nomination of Victor THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. Wolski to be a judge on the U.S. Fed- TO THE GRADE INDICATED IN THE UNITED STATES AIR f eral Claims Court. Therefore, the first FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be major PRINTING OF THURMOND vote of tomorrow’s session will occur TRIBUTES at 11:30 a.m. and that vote will be the PATRICE L. PYE, 0000 first of two back-to-back votes. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. BROWNBACK. Mr. President, I Following the two votes at 11:30 a.m., TO THE GRADE INDICATED IN THE UNITED STATES AIR ask unanimous consent that tributes FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED the Senate will begin consideration of BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS to Senator Strom Thurmond be printed S. 925, the State Department reauthor- 624 AND 531: as a Senate document. ization bill. Amendments are expected To be major The PRESIDING OFFICER. Without to be offered to the bill, but it is the * REBEKAH F. FRIDAY, 0000 objection, it is so ordered. majority leader’s hope that we can f complete action on this measure in f ORDERS FOR WEDNESDAY, JULY 9, short order. Therefore, Members should 2003 expect rollcall votes throughout the afternoon tomorrow. CONFIRMATION Mr. BROWNBACK. Mr. President, I f Executive nomination confirmed by ask unanimous consent that when the the Senate July 8, 2003: Senate completes its business today, it ADJOURNMENT UNTIL 9:30 A.M. stand in adjournment until 9:30 a.m., TOMORROW THE JUDICIARY Wednesday, July 9. I further ask that DAVID G. CAMPBELL, OF ARIZONA, TO BE UNITED Mr. BROWNBACK. If there is no fur- STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- following the prayer and pledge, the ther business to come before the Sen- ZONA.

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IN HONOR AND REMEMBRANCE OF the people of areas where they may have qualifying occupations relating to uranium AIR FORCE COMMANDER MI- been exposed to hazardous materials as a re- production; increases the number of states CHAEL JOSEPH AKOS sult of the detonation of nuclear weapons. covered and extends the time period consid- While those areas that were most obviously ered for radiation exposure; adds more diseases which may qualify individuals for com- HON. DENNIS J. KUCINICH affected by nuclear testing have been compensation; decreases the level of radiation OF OHIO pensated, recent evidence shows that the ef- exposure that is necessary to qualify; makes IN THE HOUSE OF REPRESENTATIVES fects of these nuclear tests were more wide- certain that the medical criteria is less spread than originally thought. Most specifi- stringent for potential claimants; and Tuesday, July 8, 2003 cally, the people of my island, Guam, were af- Whereas, nuclear tests that the United Mr. KUCINICH. Mr. Speaker, I rise today in fected by these events, and it is of paramount States Government conducted in the Mar- honor and remembrance of United States Air importance that this problem be addressed. As shall Islands from 1946 until 1968 have led to Force Commander Michael Joseph Akos, who the resolution states, Guam was affected by increased levels of radiation in some of the bravely and selflessly answered the call to islands of Micronesia; and wind borne radiation and by the scrubbing of Whereas, such increased levels of radiation duty and made the ultimate sacrifice on behalf radiated vessels in Guam’s harbors. may have led to serious health and other en- of our country. In the coming days, I will work towards the vironmental problems for life in such areas; Commander Akos’ young life was character- introduction of legislation that will extend Pub- and ized by his dream of one day flying above the lic Law 101–426 to include the people of Whereas, Guam is approximately one thou- clouds, a dream that would be fulfilled in the Guam. Such legislation is a much needed ac- sand two-hundred (1200) miles directly west form of service to his country. Michael’s gre- tion to compensate for allowing nuclear waste of the test sites; and garious and mischievous spirit made him a to contaminate areas in the Western Pacific. I Whereas, the Atomic Energy Commission pleasure to be around, a quality that followed look to my colleagues for their assistance and detonated sixty-seven (67) nuclear devices with a total yield of one hundred eight thou- him into adulthood. Devoted and diligent, understanding in rectifying the impact of nu- sand four hundred ninety-two point two Commander Akos had the strength and dis- clear testing in the region. (108,492.2) kilotons in or around the Marshall cipline to do anything he set his mind to, and RESOLUTION NO. 30 (LS) Islands; and an intense devotion to those he loved. Whereas, the United States conducted test- Whereas, there were ten (10) detonations Commander Akos loved his family, and lived ing of atomic nuclear weapons on Enewetak that had the yield necessary (one (1) meg- his life with passion. He served as a model and Bikini Atolls in the Marshall Islands, aton) to project material from the center of husband, son, brother, and friend, always from 1946 to 1958. A total of sixty-seven (67) the explosion to the height of between happy to be around his loved ones, and poign- atomic and thermonuclear bombs were deto- twelve (12) to fifty-five (55) miles, and into nated which resulted in fallout across a wide the jet-stream; and antly aware of the gift of family. area of the Pacific. Continental United Whereas, the jet-stream travels generally Mr. Speaker and Colleagues, please join me States residents exposed to radiation result- westward from the Marshall Islands carrying in honor and remembrance of Commander Mi- ing from the nuclear weapons testing subse- the radioactive material as fine as dust par- chael J. Akos, whose courage and commit- quently developed serious diseases, including ticles; these particles collected ice crystals ment will forever be remembered as a testa- various types of cancer. On October 1990, in at high altitudes and descended as cloud con- ment to our great Nation. I offer my deepest order to establish a procedure to make par- densation. This process is known as the scav- condolences to the family of Commander tial restitution to radiation exposure victims enging effect; and Akos—his beloved parents, Dennis Joseph for their suffering, President George H. Bush Whereas, the material drops to land sur- Akos and Nona Ann Akos; his devoted wife signed into law the Radiation Exposure Com- faces and enters the food and water supply pensation Act (RECA). RECA established the consumed by the local population; and Karlynne Akos; his beloved brothers, Dennis Radiation Exposure Compensation Program Whereas, reports from the United States Matthew Akos and Patrick Thomas Akos; and (RECP) within the Civil Division of the De- Navy indicated that they had full knowledge his extended family and many friends. partment of justice to administer its respon- and did not warn or help the local popu- The significant sacrifice, service, and brav- sibilities under the Act. In April 1992, RECP lation; and ery that characterized the life of Commander began processing claims. RECA was amended Whereas, ships present during the nuclear Michael Joseph Akos will forever be honored several times, most recently on July 10, 2000, testing were decontaminated in Guam har- and remembered by the Cleveland community, when President William Jefferson Clinton bors with acidic detergents and the runoff and the entire Nation. And within the hearts of signed into law the Radiation Exposure Com- from these operations went directly in the local fishing and reef environments; and his family and friends—the bonds of love and pensation Act Amendments of 2000. The 2000 amendments further broaden the scope of eli- Whereas, the United States Navy per- memories created in life by Commander Akos gibility for benefits coverage to include new formed radio ecological studies on the sur- will never be broken, the joy he brought to this victim categories and modify the criteria for face water in and around the island of Guam world will never be forgotten, and his sacrifice determining eligibility for compensation; and found a major peak of radioactive con- will serve as a living symbol of the human and tamination in 1959; and spirit. Whereas, RECA establishes a procedure to Whereas, the Lawrence Livermore Na- make partial restitution to individuals who tional Laboratory, for the United States De- f contracted serious diseases, such as certain partment of Energy, performed radio eco- INCLUSION OF GUAM IN PUBLIC types of cancers, presumably resulting from logical testing on Guam beginning in 1968 LAW 101–426 their exposure to radiation from above- and ending in 1974, to study potential radi- ground nuclear tests or as a result of their ation effects on the local population; and employment in uranium mines. The law es- Whereas, numerous other radio ecological HON. MADELEINE Z. BORDALLO tablished five (5) claimant categories—ura- studies were performed by government agen- OF GUAM nium miners, uranium millers, ore trans- cies, the United States military, and various IN THE HOUSE OF REPRESENTATIVES porters, ‘‘downwinders’’ (those who were lo- research institutions from 1946 until 1974 to study Guam’s environment and actual and Tuesday, July 8, 2003 cated downwind from aboveground nuclear weapons tests conducted at the Nevada test potential radiation effects on the local popu- Ms. BORDALLO. Mr. Speaker, I rise today sites) and onsite participants (those who ac- lation; and to place in the RECORD a resolution passed by tually participated onsite); and Whereas, according to requirements set the Guam Legislature which petitions the Whereas, as enacted, the law broadens the forth by the Radiation Exposure Compensa- United States Congress to amend the Radi- population covered by the Radiation Expo- tion Act, the island of Guam should qualify sure Compensation Act, which authorizes as a jurisdiction and its population should be ation Exposure Compensation Act of 1990 to monetary compensation to individuals who recognized as victims of radiation exposure include Guam in the jurisdictions covered by were present, or nearby when nuclear weap- from nuclear weapons testing and associated the Act. ons tests were conducted at the Nevada Test clean-up activities (see Appendix I listing The aforementioned Act, Public Law 101– Site or who worked in uranium mines, and the declassified documents pertaining to and 426, calls for the compensation to be paid to later developed certain diseases; adds more indicating Guam’s exposure to radioactive

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

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.001 E08PT1 E1410 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 isotopes as a result of the Atomic Energy REINTRODUCTION OF PHONE BANK CITATION FOR COLONEL EDGAR J. Commission nuclear weapon tests in the LEGISLATION YANGER, U.S. ARMY Marshall Islands); now therefore, be it Resolved, That I Mina’Bente Siete Na HON. CAROLYN B. MALONEY HON. MADELEINE Z. BORDALLO Liheslaturan Gua˚ han does hereby, on behalf OF NEW YORK OF GUAM of the people of Guam, petition the United IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES States Congress to amend the ‘‘Radiation Tuesday, July 8, 2003 Exposure Compensation Act of 1990’’, Public Tuesday, July 8, 2003 Law 101–426, as amended by Public Law 101– Mrs. MALONEY. Mr. Speaker, today, I intro- Ms. BORDALLO. Mr. Speaker, this citation 510, § 3139 (42 U.S.C. 2210) and Public Law 106– duce legislation to subject operators of push is presented to Lieutenant Colonel Edgar J. 245; to include Guam in the jurisdictions polls or phone banks to the same disclosure Yanger of Mangilao for his promotion to the (downwinders/onsite participants) covered by requirements as other types of political com- rank of Colonel in the United States Army. the Act; and be it further munication. It will not ban push polls or phone Colonel Yanger is the son of Felizardo banking—it will simply create a level playing Resolved, That the affected population pre- Galon Yanger and Cecilia Taitano Yanger of field for all types of political communication. viously and currently on Guam (those resid- Mangilao. He is married to the former Doris Under this bill, any person conducting these ing who have been exposed to radiation re- San Nicholas Guerrero, daughter of Jesus types of calls would be required to disclose to sulting from the Atomic Energy Commission Calvo Guerrero and Candelaria San Nicholas each recipient of a call the identity of the orga- tests in the Marshall Islands) be recognized Guerrero of Sinajana. Edgar and Doris have as being ‘‘downwinders’’ of such tests; and be nization paying for the call. In addition, the bill two children, Melina and Edgar Jonathan. it further would require that campaigns and other orga- Colonel Yanger has accomplished much nizations that conduct advocacy phone calls over the past years. He is a graduate of Guam Resolved, That those persons involved in report to the Federal Election Commission, the actual testing and clean-up activities of Vocational Technical High School and the Uni- FEC, the number of households they have versity of Hawaii at Manoa where he earned such atomic weapons tests be recognized as contacted and the script they used in making ‘‘on-site participants’’ and/or ‘‘downwinders’’ a Bachelor’s and Master’s degree in architec- the calls. The bill would not interfere with le- ture. He received his commission in the Army depending on their exposure as defined by gitimate polling, conducted either by can- RECA; and be it further as an engineer through the Reserve Officer didates or independent organizations, as it Resolved, That the Speaker certify, and Training Corps. He went on to graduate from would only apply to phone banks in which the Army Command and General Staff College the Legislative Secretary attests to, the more than 1,500 households are contacted adoption hereof and that copies of the same at Fort Leavenworth, KS, and from the U.S. within the 25 days preceding a Federal elec- Army Engineer Officer Basic and Advance be thereafter transmitted to the Honorable tion. Senator Orrin G. Hatch, Chairman, Com- Courses at Fort Belvoir, VA. f mittee on the Judiciary, United States Sen- Currently, Colonel Yanger is a program ate; to the Honorable Senator Patrick J. IN HONOR OF BENEDICTINE HIGH manager in the Army’s Base Realignment and Leahy, Ranking Member, Committee on the SCHOOL Closure Division at the Pentagon. He will soon Judiciary, United States Senate; to the Hon- be leaving for duty in Korea, where I am cer- orable Senator Judd Gregg, Chairman, Com- HON. DENNIS J. KUCINICH tain that he will continue to serve with the same dedication and commitment that has de- mittee on Health, Education, Labor, and OF OHIO Pensions, United States Senate; to the Hon- IN THE HOUSE OF REPRESENTATIVES fined his career. The people of Guam share the pride that orable Senator Edward M. Kennedy, Ranking Tuesday, July 8, 2003 Member, Committee on Health, Education, the Yanger family has in the distinguished Labor, and Pensions, United States Senate; Mr. KUCINICH. Mr. Speaker, I rise today in service and leadership of Colonel Yanger. He to the Honorable Senator Daniel K. Akaka, honor and recognition of the students, edu- exemplifies the courage, strength and deter- United States Senate; to the Honorable Con- cators and administrators of Benedictine High mination that defines the Chamorro people. gressman F. James Sensenbrenner, Jr., School of Cleveland, Ohio, as they celebrate He is a role model for the men and women Chairman, Committee on the Judiciary, seventy-five years of spiritual service and edu- who serve in the Armed Forces. We commend United States House of Representatives; to cation for the young men of our community. him for his leadership and look forward to his the Honorable Congressman John Conyers, Benedictine High School, a Catholic, college continued success. Jr., Ranking Member, Committee on the Ju- preparatory school, was founded in 1922 by On behalf of the people of Guam, I want to diciary, United States House of Representa- the Benedictine Order. This historic order of congratulate Colonel Edgar J. Yanger and his tives; to the Honorable Congressman W.G. Benedictine monks was borne into existence family on his many accomplishments, and ex- ‘‘Billy’’ Tauzin, Chairman, Committee on more than one thousand years ago in 480 tend our gratitude for his dedicated service to Energy and Commerce, United States House A.D. Despite the centuries of time gone by, our island and our country. of Representatives; to the Honorable Con- the rich and significant traditions of the Bene- f gressman John D. Dingell, Ranking Member, dictine Monks of the Middle Ages have been Committee on Energy and Commerce, United carried through time, and remain living monu- IN HONOR OF THE LATE States House of Representatives; to the Hon- ments in the form of Saint Andrew Abbey and KATHARINE HEPBURN orable Congressman Neil Abercrombie, Benedictine High School. United States House of Representatives; to The clear and ageless vision of leaders at HON. CAROLYN B. MALONEY Mr. William A. Harper, National Com- Benedictine are founded upon the ancient OF NEW YORK mander, National Association of Atomic Vet- principals of scholarly achievement tempered IN THE HOUSE OF REPRESENTATIVES erans; to Mr. Charlie Clark, Hawaii State with spiritual discipline and social awareness. Commander, National Association of Atomic In complement to the school’s strong aca- Tuesday, July 8, 2003 Veterans; to all the State and Area Com- demic foundation, Benedictine’s offers its 387 Mrs. MALONEY. Mr. Speaker, I rise to pay manders of the National Association of young men opportunities to excel in athletic tribute to one of our nation’s most beloved cul- Atomic Veterans; to Mr. Robert Celestial, endeavors and other extracurricular activities. tural treasures, the great actress Katharine Guam atomic veteran; to the Honorable Mr. Speaker and Colleagues, please join me Hepburn, whose death on June 29th has been Angel L.G. Santos, former Senator of I in honor and recognition of the students, spir- an occasion for mourning around the globe. Mina’Bente Sais Na Liheslaturan Gua˚ han; to itual guides and administrators of Benedictine Appearing in forty-three films and countless the Honorable George Herbert Walker Bush, High School, as they celebrate seventy five plays and television productions, she received former President of the United States of years of exceptional scholastic achievement four Academy Awards for her acting abilities, America; to the Honorable William Jefferson and significant spiritual guidance within the a feat unmatched by any actor in cinematic Clinton, former President of the United classrooms and on the surrounding grounds of history. The author of a best-selling memoir, States of America; to the Honorable George Benedictine High School. The commitment, she was one of the most recognized and cher- W. Bush, President of the United States of kindness, instruction and guidance provided ished American women in all the world. America; to the Honorable Madeleine Z. by the Benedictine monks and lay staff have Katharine Hepburn was also beloved by her Bordallo, Member of Congress, U.S. House of served to lift the spirits and minds of countless friends and neighbors on Manhattan’s East Representatives; and to the Honorable Felix young men—thereby uplifting our entire com- Side, where she maintained a residence for P. Camacho, I Maga’lahen Gua˚ han. munity. many years in addition to her home in eastern

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.004 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1411 Connecticut. For over six decades she lived in HAPPY BIRTHDAY, MRS. SKELTON FEHBP currently does not provide different a townhouse on East 49th Street in the Turtle benefits for retirees and current employees— Bay neighborhood near the United Nations HON. MARILYN N. MUSGRAVE one simply is a member of FEHBP. I believe headquarters. Even after she retired perma- OF COLORADO it is important this dynamic remain, once a nently to Connecticut, she remained a gen- IN THE HOUSE OF REPRESENTATIVES Medicare prescription drug benefit is put in erous and loyal dues-paying member of the Tuesday, July 8, 2003 place. As Chairman of the Government Re- local community group, the Turtle Bay Asso- Mrs. MUSGRAVE. Mr. Speaker: form Committee, I look at this from an employ- ciation to the end of her life. Her efforts on beer’s perspective. We do not want private em- half of the Turtle Bay community led local resi- Dear Mrs. Skelton, Happy Birthday to You! Juanita Skelton, nee Juanita Katherine ployers to drop the prescription drug coverage dents to name a garden in Dag Hammarskjo¨ld Campbell, was born on July 8, 1913, near Pan- they provide for their retirees. H.R. 1 includes Plaza on East 47th Street in her honor in handle, Texas. She graduated from White incentives so they will not do so. However, we 1997. Every year, on her birthday of May 12, Deer (Texas) High School in 1930. That year as the Federal Government must lead by ex- the community continues to celebrate their she was Vice President, Girl Favorite, Editor pride in their illustrious neighbor’s achieve- of the Annual, General News Reporter for the ample. ments and character with a display and a Weekly Newspaper, President of the Library Along with Chairwoman DAVIS, FRANK ceremony in her honor. Following the news of Society, President of the Dramatic Club, and WOLF, and JIM MORAN, I have introduced leg- her death at the age of 96, the Turtle Bay As- Yell Leader for the Pep Squad, and a guard islation that simply states that Federal retirees sociation and Friends of Dag Hammarskjo¨ld on the women’s basketball team. Of course there were only 13 members of her grad- will remain on par with current employees Plaza immediately established a memorial in uating class. She was referred to as ‘‘our sen- when it comes to prescription drug benefits. I the Katharine Hepburn Garden in tribute to iors’ most representative girl.’’ regret we were unable to include this lan- their illustrious and beloved neighbor, com- She graduated from West Texas State with guage in H.R. 1, but am grateful to have the plete with photographs, candles and flowers. a Bachelor of Arts degree in 1934 and started commitment of Speaker HASTERT and Leader Because of her notable achievements on teaching in Canadian, Texas. She married DELAY to bring this bill to the floor as soon as stage and screen and her indomitable and dis- Hiram Bowmer Skelton on March 3, 1944, we return from recess. tinctive presence, Katharine Hepburn’s spirit when she was 31 years old. They lived in Pan- and presence will live on forever. It is only fit- handle, Texas and she helped him run the ting that we salute her remarkable life and ca- movie theatre that the family owned. When f her husband died, she moved with her son to reer and recognize her as a great American. Arlington, Texas in 1953. She resumed being IN HONOR OF THE 20TH ANNIVER- f a high school English teacher at that time. SARY OF THE GEORGE E. FEDOR IN HONOR OF THE CITY MISSION Mrs. Skelton went on to get her Master’s in MANOR Speech Pathology from Denver University in OF CLEVELAND 1956 and became the first speech therapist in the Arlington School District in 1956. She be- HON. DENNIS J. KUCINICH came the Coordinator of Speech Therapy in HON. DENNIS J. KUCINICH OF OHIO 1957 and the Coordinator of Special Edu- OF OHIO IN THE HOUSE OF REPRESENTATIVES cation in 1965. She also became the first Di- rector of Special Education in 1974. Mrs. IN THE HOUSE OF REPRESENTATIVES Tuesday, July 8, 2003 Skelton retired in 1978 after 25 years with Mr. KUCINICH. Mr. Speaker, I rise today in the Arlington School District. Tuesday, July 8, 2003 honor and recognition of the City Mission for During her years in special education, Jua- Mr. KUCINICH. Mr. Speaker, I rise today in providing shelter, hope and faith to individuals nita received the following recognition and awards: President of the Texas Association honor and recognition of the founding mem- and families within our Cleveland community. of Administrators in Special Education ‘‘Ad- The facilities, programs and services that bers, current administrators and residents of ministrator of the Year Award for Out- the George E. Fedor Manor of Lakewood, were developed at the Mission in 1910 on Su- standing Leadership;’’ Texas Council for Ex- perior Avenue have evolved over the years, ceptional Children Award as the ‘‘Out- Ohio, as they celebrate their 20th Anniversary. but the vision, assistance, compassion and standing Contributor to Special Education.’’ In 1979, Father Richard Ondreyka, Pastor of faith have remained a constant source of com- In 1989, the Mayor of Arlington, Texas rec- SS. Cyril and Methodius Catholic Church, at- fort and hope for more than ninety years. ognized Juanita as the ‘‘outstanding senior torney George E. Fedor and local business- Within the Mission walls, Reverend Peter citizen.’’ She moved to Fort Collins, Colorado in man Peter Shimrak brought together their per- Bliss, Reverend Robert Sandham, Executive 1997. sonal and professional experience to form SS. Director Tim Campbell and the nearly forty Again, congratulations on your 90th birth- C. & M. Haven, Inc., with the goal of con- dedicated staff members continue the Mission day! structing an apartment community for low-in- legacy of reaching out, empowering and uplift- come senior citizens. ing the hearts, souls and lives of thousands of f women, men and children every year. MEDICARE PRESCRIPTION DRUG In May of 1983, Fedor Manor—a not-for- The Mission’s commitment to helping and AND MODERNIZATION ACT OF 2003 profit facility—opened its doors to welcome its healing every person that walks through the first residents. For twenty years, the 145–unit door is a true testimony to the power of faith, SPEECH OF structure has served as a place of comfort and the reality of miracles, and the existence of HON. TOM DAVIS care for our most treasured citizens—our el- angels and heroes that walk among us. The OF VIRGINIA derly. Fedor Manor offers an array of social angels are those we call staff—the staff IN THE HOUSE OF REPRESENTATIVES services focused on the emotional, social and who’ve dedicated their lives to helping others physical well-being of every resident. Thursday, June 26, 2003 get back in the game. The heroes are those Mr. Speaker and Colleagues, please join me who enter here—despite painful histories, de- Mr. TOM DAVIS of Virginia. Mr. Speaker, I in honor and recognition of the Twentieth An- spite illnesses and addictions, despite phys- appreciate Chairman THOMAS’ willingness to niversary of the George E. Fedor Manor. The ical, emotional or financial devastation and de- clarify that FEHBP plans will be able to take founding members and their mission have cre- spite fear. These heroes among us—the advantage of the subsidies in H.R. 1. How- ated a structure well beyond mere bricks and women, men and children of our community— ever, I have another concern that Federal em- reflect courage, dignity, wisdom, an unfaltering ployees are often treated differently from cur- steel—they’ve raised this building as a haven will to survive, a refusal to give up, and an un- rent Federal employees in ways that are not of comfort and peace—and a place where breakable inner strength and faith as they rise always equitable. For example, current em- hundreds of seniors along Madison Avenue up into the light of a brighter day. ployees are allowed to pay their health insur- call ‘home’. The collective commitment of staff Mr. Speaker and Colleagues, please join me ance premiums from pre-tax dollars; retirees and residents, woven with the mission of the in honor, recognition and gratitude of the City are not. I know this concern is shared by a founding members, has remained constant for Mission of Cleveland—a sanctuary in our com- number of my colleagues, but specifically JO two decades: To provide a secure and warm munity. Faith and love abound within these ANN DAVIS, Chair of the Civil Service Sub- life setting for the seniors of our community. walls, producing miracles everyday—healing committee. I am pleased Mrs. DAVIS will soon ‘‘Where, after all, do universal human rights the lives of all who enter here—and uplifting be taking up that specific issue in her sub- begin? In small places, close to home.’’—El- our entire community. committee. eanor Roosevelt.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.008 E08PT1 E1412 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 TRIBUTE TO BRIGADIER GENERAL member of his unit during a firefight in Viet- very sentimental about one of the artifacts BRUCE ANTHONY CASELLA nam. He was, in the proudest tradition of the on display in this exhibition. You see, my fa- Marines, ever faithful to his country and the ther, Ike Skelton III, was an attorney in La- fayette County and became a friend of Tru- HON. JOE BACA Corps. man’s when they met on September 17, 1928. PFC Radtke left America as a young man OF CALIFORNIA The occasion was the dedication of the Pio- with many hopes, dreams, and plans for the IN THE HOUSE OF REPRESENTATIVES neer Mother Statue—the Madonna of the future. And although most of those plans went Trail—located in my hometown of Lex- Tuesday, July 8, 2003 unfulfilled, he died being a soldier and fighting ington, Missouri. Mr. BACA. Mr. Speaker, I rise to pay tribute for the country he loved. PFC Radtke also left They kept up this acquaintance, cor- to Bruce Anthony Casella, who will be ap- behind a family who loved him and who still responding periodically, so it seems right in pointed as Brigadier General in the Army Re- grieves his loss. His mother, Dorothy, his sis- character that my father, a fellow veteran of World War One who served on the USS Mis- serve and is an individual of great distinction, ter, Peggy, and his brother, Karl, attended a souri, sent a telegram to President Truman and we join with family and friends in honoring ceremony this past weekend to add PFC after the President decided to fire General his remarkable achievements and expressing Radtke’s name to a memorial of veterans who Douglas MacArthur, letting him know that pride in this recognition that has been afforded died defending our country. This memorial, lo- he agreed with the decision and pledging his to him; cated in New Port Richey in my congressional continued support and that of Truman’s Whereas, Bruce is a remarkable individual district, stands as a lasting tribute to the brave friends in Lafayette County. who has devoted his life to serve his country men from Pasco County who gave their lives This momentous decision—reaffirming the to guard our freedom. supremacy of civilian control of the mili- and to proudly protect the citizens of the tary—is full of the drama that makes our United States and his unyielding energy and People often forget that the families of our history fascinating. And I hope that for oth- passionate spirit render him a key member of men and women in uniform make many sac- ers who see this document, this personal his community and a vital resource to our rifices while their loved ones are worlds away note to the President from one of his Mis- country; fighting for us. This is especially true for fami- souri friends, it will be meaningful as well. Whereas, since his graduation from Colfax lies of Vietnam veterans. Many veterans of the I know that with the library professionals High School, where he graduated second in Vietnam War returned home not to the admi- and historians in the audience I am preach- his class and lettered in Football and Track, ration and reverence they deserved, but to ing to the choir, but I am a big believer in scorn and ridicule from those who opposed the power of history, as was Harry Truman. Bruce has worked in varying capacities, pro- Truman was an avid reader and student of viding crucial support to the military commu- the policies of our nation’s leaders. They de- history. My friend, the late Congressman nity and from his appointment to West Point served much better. So did the families of Fred Schwengel, told me about meeting Sen- by Congressman Harold Johnson, where he those soldiers who did not return safely. ator Truman in 1935 while Schwengel was a graduated with honors and received a B.S. de- I am humbled to show my gratitude, and college student in Missouri. Truman advised gree in engineering and the rank of First Lieu- that of the House of Representatives, to PFC him that to be a good American, ‘‘...you tenant, to his tours in Germany and Korea as Radtke and his family. I hope these words will should know your history.’’ That story is consistent with my experi- a regular Army Captain, he has fought tire- remind them that our country endures only because of people like PFC LeRoy Radtke. ence. I well remember taking a group of lessly for our country and its people through grade school students to visit the Truman his contributions to the management and ad- America is forever indebted to him. I hope that Library in 1963, and though President Tru- ministration of the U.S. Army; this small gesture will comfort them when they man was of advanced age, he spoke to them Whereas, in addition to these contributions, think of his loss that summer thirty-six years in the library auditorium about American Bruce has received Master of Science de- ago. history and the Constitution. He wanted grees in Electrical Engineering and Systems May God bless his family and may He con- young people to learn as much as they could Management and currently works for Agile tinue to watch over the United States of Amer- about America. ica. I do my best to encourage people, particu- Communications, Inc. as the Principal Sys- larly young people, to study history. I have tems Architect and his specific efforts are fo- f embarked on a school visit program I call cused on providing information to the Army on REMARKS AT TRUMAN PRESI- ‘‘History Matters’’, which gives me the system engineering, communications, net- DENTIAL MUSEUM AND LIBRARY chance to talk about the importance of his- working, and modeling and simulations; tory whenever I visit schools. I also recently Whereas, I join today with his wife, Cath- issued a 50–book national security reading erine, his daughter, Heather, and his sister, HON. IKE SKELTON list, which is heavy on biographies and his- OF MISSOURI Paula, in their joy at this wonderful honor he tories, including the books I recommend to IN THE HOUSE OF REPRESENTATIVES Members of Congress, military officers, and will receive, knowing he is an inspiration to our anyone interested in learning about char- country and a patriot in every sense of the Tuesday, July 8, 2003 acter, leadership, and military art. word: Now, therefore be it Mr. SKELTON. Mr. Speaker, I had the privi- Why do I believe it is so important to keep Resolved, Mr. Speaker, that we salute lege to deliver a few remarks at the opening up our efforts to promote a broad knowledge Bruce Anthony Casella and express admira- ceremony of the new Korean War exhibit at of history? Let me share this with you for a tion he will receive this wonderful and well-de- the Truman Presidential Museum and Library little perspective. The college student in- served honor and hope that others may recog- terns who are working in my office this sum- in Independence, Missouri. My remarks are mer were only about 8 years old in 1989 when nize the immense service he has provided for set forth as follows: we witnessed the end of the Cold War with the people of the United States. CONFLICT AND CONSEQUENCE: THE KOREAN the fall of the Berlin Wall. This major event, f WAR AND ITS UNSETTLED LEGACY as well as the many other significant events Thank you for inviting me to be with you and crisis points of the Cold War, are far-re- HONORING LEROY RADTKE, JR. today for the opening ceremonies of this im- moved from them. By no fault of their own, portant new exhibit at the Truman Library. they did not experience these events the way HON. MICHAEL BILIRAKIS I am humbled to be here, particularly as we many of us did. honor those who served our country so nobly It took 50 years of national commitment to OF FLORIDA during the Korean conflict. see the collapse of communism in the Soviet IN THE HOUSE OF REPRESENTATIVES This library is a monument to the legacy Union and the Eastern Bloc. But in spite of Tuesday, July 8, 2003 and achievements of Harry S. Truman and the cessation of hostilities in Korea in 1953, we are blessed to have this renowned re- U.S. troops still deploy to South Korea to Mr. BILIRAKIS. Mr. Speaker, I am honored source here in Independence. The Truman Li- deter invasion from the North. The totali- to rise today to bring to the attention of our brary, and all of our Presidential libraries, tarian regime of North Korea continues to colleagues a true American hero who was are dedicated to the preservation of our na- rattle sabers and threaten not only the fu- honored in my congressional district recently. tion’s historical heritage, as repositories of ture of peace on the peninsula but peace in Private First Class LeRoy Radtke, Jr. served Presidential papers and memorabilia. As far the region and the world. our country with honor and dignity. He enlisted as I’m concerned, the mission of this Li- Today’s college students have lived long enough to experience missile threats from in the Marine Corps when he was 20 years brary—particularly its educational function—has never been more important, and North Korea, including nuclear threats. In old. He did so because he loved his country the exhibit the Library opens to the public spite of the prosperity of the South, and in and he loved the Corps. He was proud to be today is especially timely. spite of the passage of more than 50 years, a Marine and lived his life by a code that only I have to admit, and I’m sure this will many of the issues splitting the Korean Pe- Marines truly understand. He died saving a come as no surprise to anyone, that I am ninsula are still with us. This exhibit, which

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.013 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1413 opens today, will be of invaluable help to all to Bosnia, Kosovo, and the War on Ter- every alumnus. Additionally, CMLAA life mem- of us, but particularly our young people, to rorism. bership dues fund a vital Student Scholarship understand where we have been and where As much as we may be inclined to remem- Program. we are today. ber the leaders who ultimately brought us Cleveland-Marshall College of Law Alumni— For the last several years, we have recog- victory in the Korean War—Truman, Mac- nized and commemorated many of the sig- Arthur, Acheson, Walker, and Ridgway—it is Judge Diane J. Karpinski and Attorney How- nificant events and milestones of the 20th really the men and women who served so ard D. Mishkind, have evolved from law school century. Sometimes when we look back on bravely to whom we pay tribute. Without graduates in 1980, to leaders in the legal pro- the past, we tend to remember ‘‘the good old their selfless dedication, valor, and persever- fession. Both have raised the bar of excel- days’’ and think that day-to-day life in ance, the people of South Korea would not be lence in their prospective areas of law and re- America is much more difficult now than it living in a free and prosperous society. flect outstanding professional profiles that en- was before. Without a doubt, our country To the veterans of the Korean conflict— compass integrity, expertise, and service to today, in the infancy of the 21st Century, those who are with us today, those who others. While ascending throughout their legal faces significant challenges. But it does us never returned home, and those who we have good to remember that the circumstances lost in the years since—we say thank you. endeavors, Judge Diane Karpinski and Attor- and state of the world presented to Truman Each of you who lost friends or family mem- ney Howard Mishkind have remained com- during his Presidency were extraordinarily bers who died during this conflict understand mitted to supporting the Cleveland College of daunting. that their loss creates a void that can never Law and their community, and have become Like the Presidents who came before and be filled. Three of my close friends—a high superior role models for the youth of our com- after him, Truman was burdened with the school classmate, a Boy Scout buddy, and a munity. loneliness that goes along with being the friend from Wentworth Military Academy Chief Executive. But President Truman’s Mr. Speaker and colleagues, please join me Junior College—were killed in Korea. You in honoring Judge Diane Karpinski and Attor- character ensured that he did not shy away were the ones who carried out the orders of from difficult, often politically unpopular, the Commander-In-Chief, President Truman, ney Howard D. Mishkind, as they are duly rec- decisions. He once said, ‘‘Do your duty and who drew a line in the sand. This line was ognized by the Cleveland-Marshall Law Alum- history will do you justice.’’ held by your blood, sweat, and tears. You ni Association for their significant professional America had endured the Great Depres- gave of your youth to stop the spread of achievements and, more importantly, for their sion. Along with our allies, America fought a communism. I maintain that these fledgling service to the College and to our community. long and costly war against fascism. Al- efforts, these supreme sacrifices, were the I also stand in honor of the Cleveland-Marshall though there was an understandable eupho- foundation of our victory in the Cold War, ria following victory in World War II, the Law Alumni Association, for their continued some 50 years later. support of educational excellence; for their state of the world prompted Truman to move I know that you must feel a special kinship away from America’s established pattern of with our men and women who today are serv- promotion and support of Cleveland-Marshall peacetime isolationism in order to assist Eu- ing in Operation Enduring Freedom and Op- College of Law graduates and alumni; and for ropean economic recovery through the Mar- eration Iraqi Freedom. You, perhaps as much providing countless students an opportunity to shall Plan and to protect Western Europe as anyone, understand the hardship of fight- attain a superior law education through the or- under the umbrella of the North Atlantic ing a war, a continent away from home, a ganization of scholarship funds. Cleveland- Treaty Organization. Almost immediately, war to ensure the survival of a nation and a Marshall College of Law, its faculty, students Harry Truman was forced to confront the re- way of life. What they are doing today will ality of the Cold War, and the struggle of the and alumni have demonstrated academic and set the stage for the next 50 years, and I sus- professional excellence within all areas of law, U.S. and other western democracies was on pect that, like the Cold War, it may well be to stop the spread of communism. 50 years before we know for sure whether we earning the highest respect and admiration of Truman had the courage to stand up to the have won the War Against Terrorism and our entire community and beyond. communist aggression that marked the be- brought peace and stability to the Middle f ginning of the Cold War. The Truman Doc- East in the wake of the Iraq War. trine made clear that the United States We would all do well to live by Truman’s RECOGNIZING LOCAL 375 FOR ITS would not stand idly by in the face of com- advice, ‘‘Do your duty, and history will do CONTRIBUTIONS IN THE AFTER- munist aggression in Greece, Turkey, and you justice.’’ The tough decisions made by MATH OF THE SEPTEMBER 11, elsewhere. Truman’s commitment to the Truman earned the praise of British Prime 2001, ATTACK ON NEW YORK CITY democratic rights of free people was clear as Minister Winston Churchill who said to Tru- the U.S. provided essential supplies to the man, ‘‘You, more than any other man, have people of Berlin during the Soviet blockade. saved Western civilization.’’ History has in- HON. CHARLES B. RANGEL And fifty-three years ago, President Harry deed done justice and given evidence to Tru- OF NEW YORK S. Truman made the agonizing decision to man’s wisdom, strength, and vision. May IN THE HOUSE OF REPRESENTATIVES use American troops to lead the United Na- what we learn from the past enable us to do tion’s resistance to the communist invasion Tuesday, July 8, 2003 our duty today as well. of South Korea. Over the next three years, God bless. Mr. RANGEL. Mr. Speaker, I rise to recog- more than 54,000 Americans paid the ultimate price, with over 33,000 killed in action. f nize the Civil Service Technical Guild, Local Over 110,000 Americans were wounded or 375, for its work on behalf of the people of missing in action. In addition, over 228,000 IN HONOR OF THE CLEVELAND- New York. In particular, I applaud the mem- South Korean soldiers and untold numbers of MARSHALL LAW ALUMNI ASSO- bers for their continuing efforts to rebuild the civilians gave their lives. CIATION AS THEY RECOGNIZE City’s infrastructure after the destruction These stark statistics serve as a reminder THE HONORABLE DIANE J. caused by the September 11, 2001, terrorist to all of us that the slogan ‘‘freedom is not KARPINSKI AND HOWARD D. attack on New York City. free’’ is more than just a few words. The sac- MISHKIND rifices of thousands of American service The 6,800 member local, headed by Presi- members purchased the freedom that South dent Claude Fort, has been a New York City Koreans enjoy to this day, a freedom that HON. DENNIS J. KUCINICH mainstay for decades, building and maintain- our military continues to protect. OF OHIO ing vital components of the city’s infrastruc- In many respects, our participation in the IN THE HOUSE OF REPRESENTATIVES ture. Since its inception in 1937, the local’s Korean conflict has served as model for the engineers, architects, scientists, chemists, way our military operates today. Korea was Tuesday, July 8, 2003 planners and other technical specialists have the first multilateral United Nations operation, and it has become the longest stand- Mr. KUCINICH. Mr. Speaker, I rise today in designed, constructed, and maintained the ing peacekeeping operation in modern times. honor of the Cleveland-Marshall Law Alumni City’s infrastructure of bridges, highways, sub- The unfortunate experience of Task Force Association as they recognize alumni Judge ways, sewer and water systems, schools and Smith has taught us the paramount impor- Diane Karpinski and Attorney Howard D. libraries; they also enforce air, water, fire, and tance of sending forces into battle only when Mishkind—distinguished alumni of the Cleve- building codes. they are adequately trained and equipped. land-Marshall College of Law, Class of 1980. Hundreds of members are currently at work We have also learned that units cannot be The mission of the Cleveland-Marshall Law on a massive project to add a third water tun- thrown piecemeal into battle but must be en- Alumni Association (CMLAA) is to promote, nel in the New York City area. The ‘‘Third gaged in a coordinated fashion with air and sea power and with overwhelming force. The support and serve the Cleveland-Marshall Col- Water Tunnel Project’’ is a system of sixty lessons of the Korean War, taught at such lege of Law, its alumni, faculty and students miles of underground aqueducts running great cost, have served us well in the con- by offering quality education, professional pro- through Westchester, Bronx, Manhattan, flicts in which we have participated since grams, and professional opportunities to assist Queens, and Brooklyn. When completed, the then, from Viet Nam to the Persian Gulf War in career and educational advancement of tunnel will increase water delivery for the

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.016 E08PT1 E1414 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 City’s eastern and southern areas, allow drain- concern for others have served to assist and ment. I would like to include this article in its age and treatment of the two existing tunnels, improve numerous life situations for many entirety in the CONGRESSIONAL RECORD. I hope and provide an alternate delivery water system people. In addition, his interest in protecting that women and men teaching today will look in the event service is disrupted in either of his community extends beyond Bay Village to Mrs. Lakin’s example as an inspiration and the two existing tunnels. into neighboring suburbs, as is reflected in his a confirmation of the tremendous value they Since the September 11 attack, Local 375 ongoing membership of the first SWAT Team bring to our Country. members have worked on every aspect of re- for the Westshore Enforcement Bureau. [From the Knoxville News Sentinel, June 9, storing the City’s vital systems to full service. Mr. Speaker and Colleagues, please join me 2003] They helped restore the Cortlandt Street Sub- in honor, gratitude and recognition of Officer SPRING HILL TEACHER RETIRES AFTER 40 way Station and lines that had been buried by Charles J. Bronston upon his retirement as YEARS debris and flooded by broken water mains full-time Police Officer with the Bay Village Po- (By Ed Marcum) after the collapse of the Twin Towers. Hun- lice Division. His exceptional and courageous There’s an odd thing about working with dreds of tons of debris were removed from the service on behalf of the citizens of Bay Village your former fourth-grade teacher, said Jack- tunnels while engineers ensured that the res- and beyond have served to lift the spirits and ie Pena, who teaches kindergartners at cue and recovery work could proceed safely. the lives of countless individuals, families with- Spring Hill Elementary School. Even after Local 375 members worked arduously from in Bay Village and all along our western you have grown up, it’s hard to forget that the time they were dispatched to Ground Zero shores. We wish Officer Bronston, his wife you once sat at a little desk in her classroom. Pena said that’s why it was hard for immediately following the September 11, Martha, children Charles III and Michael Scott and grandchildren Felicia and Cory many her to think of Jane Lakin as just another 2001, attack. Dedicated professional and tech- one of the teachers at Spring Hill. nical workers performed flawlessly in cleaning blessings of peace, health and happiness ‘‘The hardest thing was to get used to not up the site in dangerous demolition oper- throughout his retirement. We also wish him calling her Mrs. Lakin,’’ Pena said. Lee Ann ations. In addition to strategic planning for the many clear summer days of great fishing Parker, who was a classmate of Pena’s in the job, they monitored air quality and tested for along the rolling waves, bays and shores of fourth grade, agreed. Parker, the music anthrax. They even assisted in recovery and Lake Erie. teacher at Spring Hill, said it felt funny to rescue efforts, and conducted DNA testing for f call Lakin by her first name. ‘‘You just don’t say that to your teacher,’’ she said. victim identification. Members inspected adja- COMMEMORATING THE CAREER OF Lakin has retired after 40 years’ teaching cent buildings to ensure that all fire protection MRS. JANE LAKIN UPON HER RE- in the Alice Bell/Spring Hill community. systems were working. TIREMENT FROM TEACHING FOL- ‘‘Forty years and six months,’’ Lakin said to Few people outside of New York City know LOWING A 40 YEAR CAREER be precise. who is responsible for the life sustaining work Irene Patterson, guidance counselor at that they do, but the fact is that without Local Spring Hill, got to work closely with Lakin 375, New York could not exist as a City. I HON. JOHN J. DUNCAN, JR. over the years. OF TENNESSEE commend the union’s leaders and the entire ‘‘A lot of seasoned teachers get set in their IN THE HOUSE OF REPRESENTATIVES ways, but she was always willing to try membership, many of whom reside in my Tuesday, July 8, 2003 something new,’’ Patterson said. ‘‘And she Congressional District, for their contributions to did a lot of things for children that no one our City and for performing their difficult jobs Mr. DUNCAN. Mr. Speaker, I rise today to knew about.’’ in a manner above and beyond the call of honor one of the true heroes of Tennessee’s ‘‘She would come into my office and say, duty. Second Congressional District. For forty years ‘Irene, I noticed that such-and-such student is wearing her big sister’s worn-out shoes, so f Mrs. Jane Lakin has changed the lives of thousands in the Knoxville community through I’ve bought her a pair.’ ’’ The student would get a new pair of shoes IN HONOR OF POLICE OFFICER her dedicated service as an elementary school CHARLES J. BRONSTON, JR. anonymously. Patterson said Lakin brought teacher at both the Alice Bell and Spring Hill in such gifts a number of times. schools. Having seriously considered a career Pena remembers that Lakin was always HON. DENNIS J. KUCINICH in teaching myself and having taught briefly at eager to help new teachers. OF OHIO T.C. Williams School in Northern Virginia, I ‘‘She has always made people feel welcome IN THE HOUSE OF REPRESENTATIVES can say without hesitation that this career is and has been a mentor to new teachers,’’ Pena said. Tuesday, July 8, 2003 one of the most challenging and rewarding any person can undertake. Lakin, who lives in Ritta, moved to Knox- ville in 1962 from Chattanooga, where she Mr. KUCINICH. Mr. Speaker, I rise today in Each Member of this body understands the honor and recognition of Police Officer had taught for a year. She found a position vital role teachers play in shaping the lives of at Alice Bell Elementary and taught there Charles J. Bronston Jr., on the occasion of his our youth and I believe every teacher is to be until 1991, when that school was consolidated retirement from the Bay Village Police Division commended. However, to dedicate forty years into Spring Hill Elementary. that spans thirty-five years of dedication to the of one’s life to improving and enhancing the Lakin said when you spend your whole ca- Force and honor to the Badge—Badge No 1. education of children is truly exceptional. reer teaching in the same general neighbor- On April 8, 1968, Officer Bronston pledged his During Mrs. Lakin’s career America has ex- hood, you end up teaching the children of the life to protecting the safety of others and was perienced tremendous change. While the Na- children you have taught, and you run into sworn in as Patrol Officer. tion grieved the tragedy of President Ken- former students most every time you go to Growing up on the North Coast solidified Of- the grocery store. nedy’s assassination and witnessed the trium- ‘‘I never really meant to stay here 40 years, ficer Bronston’s love for the great outdoors phant raising of our Flag on the Moon, Mrs. but it just worked out that way,’’ she said. and crystallized his deep commitment to his Lakin walked each morning into a classroom Teaching has changed since 1962, Lakin said. community on the Bay. His outstanding work and changed a student’s life. As America grew Teachers had more flexibility then. and personal dedication to helping others was through the turmoil of Viet Nam and later ‘‘In those days, the things you taught were clearly reflected throughout his tenure of serv- hailed our victory of the Cold War, Mrs. Lakin mostly by your own design. Now someone ice. Officer Bronston’s great enthusiasm for taught our children, one class at a time, the tells you what to teach,’’ she said. Lakin said she and other teachers stayed life, his kind and friendly nature, and his im- value and joy of learning. The world has mediate willingness to help others elevated on the lookout for ideas to try out in the changed and our Country has grown during classroom. She said she became a ‘‘pack him to the highest level and best example of the past 40 years, but Mrs. Lakin’s love of rat,’’ always scrounging thrift stores or yard what a police officer should be. educating the young men and women of sales for craft items, plastic boxes or any Officer Bronston is so highly regarded within Knoxville has never wavered. materials that might come in handy in class. the Bay Village Police Division that its leaders On behalf of the entire Second Congres- She said plastic boxes are essential for stor- informally judge all recruits against the stellar sional District, I want to thank Mrs. Lakin for ing supplies. performance of Officer Bronston. Officer her tireless work and her consistent encour- ‘‘Teachers ought to buy stock in plastic Bronston consistently went above and beyond agement of her students. Whether or not boxes,’’ Lakin said. the call of duty to protect and assist those who There are so many classroom requirements these students ever have the opportunity to now that a teacher’s time in the classroom is live and work in Bay Village. A true mentor, tell her, she has changed their lives for the much more regimented, Lakin said. guide and friend, Officer Bronston’s profes- better and we are all in her debt. ‘‘You just feel like you can’t do something sionalism, expertise, sense of fairness, supe- The Knoxville News Sentinel recently pub- unless it will be on a test. There’s no time rior sense of humor, integrity and genuine lished an article on Mrs. Lakin and her retire- for fun things,’’ she said.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.020 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1415 Pena and Parker said some of their fondest MEDICARE PRESCRIPTION DRUG have drug coverage are pleased with what memories were of Lakin bringing in books AND MODERNIZATION ACT OF 2003 coverage they have and don’t want a big gov- and reading them to the class. She is a good ernment solution that could increase their dramatic reader, they said. SPEECH OF costs. Congress passed the Medicare Cata- Lakin and her husband, Nelson Lakin, own a farm in Ritta, and Patterson said she will HON. JAMES C. GREENWOOD strophic Coverage Act in 1988 with the inten- always remember the roses that Lakin grew OF PENNSYLVANIA tion of easing the cost of catastrophic events for Medicare recipients. However, instead of there and brought to the school office. Lakin IN THE HOUSE OF REPRESENTATIVES said some of her favorite memories are of the helping, it made things much worse for seniors years her students made trees for the Fan- Thursday, June 26, 2003 who already had catastrophic coverage. They tasy of Trees holiday celebration. Mr. GREENWOOD. Mr. Speaker, I support ended up paying more out-of-pocket for fewer ‘‘Of course, they hated to give up the tree, this new, innovative Medicare prescription health benefits. It was so devastating that once we finished,’’ Lakin said. ‘‘We would drug benefit, and commend Energy and Com- Congress was forced to repeal the legislation usually have to make two of everything so the students would have ornaments to take merce Committee Chairman TAUZIN and the very next year. home with them.’’ Health Subcommittee Chairman BILIRAKIS for Mr. Speaker, this bill finds the right mix. It Then there were the occasional bizarre mo- developing a proposal that is fiscally respon- establishes a generous prescription drug ben- ments, like the time a boy brought a skunk sible, modernizes the Medicare program, and efit, using the private sector tools that provide to school for show-and-tell. delivers a sound prescription drug benefit. significant savings for seniors when they pur- ‘‘It got loose and ran all over the school,’’ A prescription drug benefit in Medicare is chase prescription drugs. And, it reforms and she said. ‘‘Luckily, its scent gland had been the most important social policy that Congress strengthens the Medicare program in the right removed.’’ Eventually the skunk was appre- way. hended. can deliver this Congress. Period. My home state of Pennsylvania has the sec- This bill also provides significant relief to Lakin remembers when Pena and Parker seniors in Pennsylvania by strengthening the were in her class. They were both good stu- ond highest number of seniors in the country, dents, Lakin said, although Pena sometimes and these seniors are living longer, healthier Medicare+Choice program. Over the past few talked when she wasn’t supposed to. Lakin lives, thanks in part to modern medications. years, seniors who have enrolled in said that on at least one occasion she had to Death rates from heart disease, cancer and Medicare+Choice have seen programs in- have a word with Parker. stroke are going down, and hundreds of new crease their premiums, decrease their bene- ‘‘I think Lee Ann was the more mis- medications are now being developed to com- fits, or leave the program altogether. For ex- chievous,’’ Lakin said. ‘‘She had a club, and bat diseases of aging, including Alzheimer’s, ample, in the largest plan in my district, sen- she was charging everyone on the play- iors have seen their premiums rise from $0 to ground to belong to it.’’ Parkinson’s, and arthritis. Unfortunately, along with these new drug $94 per month. Both women chuckled, and Parker rolled This bill stabilizes the Medicare+Choice pro- her eyes. therapies comes a higher price to those that ‘‘It only cost a nickel,’’ she said. need them. Seniors without adequate access gram. And, it fundamentally reforms the pro- ‘‘It had to be disbanded,’’ Lakin said. to these drugs will not be able to benefit from gram by creating the ‘‘MedicareAdvantage’’ Lakin said she will miss the classroom, but the stunning advances in health care resulting program. This program provides for signifi- she looks forward to having more time for from the newest pharmaceutical products. So- cantly more stability by allowing for competi- gardening and maybe doing a little trav- ciety will spend more money on their health tive bidding by the plans. The MedicareAdvan- eling. tage program will help these plans so that care, because many new drugs actually serve ‘‘I might do some volunteer work, too,’’ they remain a viable option for millions of sen- as preventive measures and often prevent she said. iors, and continue to provide a variety of f costly hospitalizations. Medicare in its current form does not cover health services, such as vision, hearing, and preventative care that are not offered through TRIBUTE TO LAFAYETTE HIGH most prescription drugs. When it was created the traditional Fee for Service program. SCHOOL BOYS’ LACROSSE TEAM in 1965, it was a good program for its time. Mr. Speaker, let me talk for a minute about President Johnson, on signing Medicare into the reforms in the bill. It provides for the cre- HON. JAMES T. WALSH law on July 30, 1965, said, ‘‘No longer will ation of a new enhanced fee-for-service pro- OF NEW YORK older Americans be denied the healing miracle gram that gives beneficiaries new options and IN THE HOUSE OF REPRESENTATIVES of modern medicine. No longer will illness choices for services. Finally, the Medicare pro- crush and destroy the savings they have so Tuesday, July 8, 2003 gram will incorporate the most popular option carefully put away over a lifetime so that they in private health insurance (and the health in- Mr. WALSH. Mr. Speaker, I rise today in might enjoy dignity in their later years.’’ surance offered in the federal employees recognition of the high achievements of the But with advancements in drug treatment, health benefits program), preferred provider boys’ lacrosse team from Lafayette High modern medicine has grown increasingly ex- organizations (PPO). These new PPOs will School. After a disappointing loss 3 years ago, pensive, as Medicare does not pay for these create significant new options for services for the Lancers finally got another shot at the wonderful outpatient drugs. We need to mod- seniors. state title, and came home crowned the New ernize Medicare. As long as Medicare does Furthermore, this bill will not only include York State Section III Champions. not cover outpatient drug benefits, seniors will improving access to prescription drugs, but will The Lafayette lacrosse program has taken not be as healthy as they could be, and they modernize the Medicare program by increas- home many Sectional titles in the past, but ac- will pay more out-of-pocket costs for preven- ing the availability of wellness programs and cording to Athletic Director Jerry Kelly, this tive medications. streamlining the often cumbersome paperwork year’s team is one of the best he’s seen in ten Nearly two-thirds of seniors have some in- that seniors face in getting Medicare benefits. years. After an outstanding spring season with surance coverage that helps pay for prescrip- Finally, I am pleased that H.R. 1 has in- a final record of 23–1, it seemed only fitting tion drugs through private employer plans or cluded provisions to reform the payments for that this well-trained group of young men supplemental (Medigap) coverage; however, the drugs that Medicare does cover in part B. should win this final game. the remaining third has absolutely no cov- These reforms represent the culmination of a On behalf of the people of the entire 25th erage for prescription drugs. multi-year investigation by the Energy and District of New York State, I would like to con- This is not good enough. Seniors, living on Commerce Committee. gratulate the following champions on their re- limited income, should not be the last payers Presently, providers are reimbursed for the markable achievement: Haiwha Nanticoke, of retail prices for drugs in our great country. cost of these drugs at 95 percent of the aver- Brendan Storrier, Pat Shannahan, Lee Nan- But we should not impose price controls so age wholesale price (AWP). Congress and ticoke, Josh Groth, James Pierce, Blake Gale, that seniors can afford their prescriptions. In- Medicare officials have wrestled for years with Andrew Spack, Andrew Thurston, Jeremy stead, we need to use the tools that the pri- the difficult issue of how to set a fair and ap- Thompson, Jerome Thompson, Tyler Gale, vate sector does, using leverage and bar- propriate Medicare reimbursement rate for Wes Adam, Kevin Wilkerson, Brian Gormley, gaining for discounts. Medicare needs to take prescription drugs covered by Medicare part Nick Lavdas, Kevin Bucktooth Jr., Matt Noble, advantage of reduced prices that we can B. The reimbursement benchmark we have Jaimee Loughtin, Andy Gaffield, John Paige, achieve using the tools that are used by pri- used since the early 1990s has been the Brion Salitino, Randy Hadzor, Ross Bucktooth, vate entities, operating in the employer-pro- AWP, which is reported by drug companies Spencer Lyons, Pat Dwyer, Head Coach Greg vided health care market. and price reporting services. prior to that, pro- Scott, and Assistant Coaches Kevin Gale, We need to be careful about how we reform viders were reimbursed on a cost basis, which Mike Riese, and Jerome Thompson. Medicare. Those two-thirds of seniors who is cumbersome and inflationary.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.025 E08PT1 E1416 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 Over the past decade, what we have Pastor Johnson was to Peoples Church ‘‘. . . Dr. Reynolds has secured, with NSF fund- learned is that the AWP is a fictitious number what Babe Ruth was to baseball, George ing, a major new traveling exhibit from the that must be changed. Rather than an accu- Washington to the United States, and the People’s Republic of China, consisting of arti- rate barometer of the price at which physi- Apostle Paul to the Gentiles.’’ facts and instruments used in ancient Chinese cians purchase the drugs used in their prac- Pastor Johnson’s respect and admiration go astronomy, that will tour the United States tice, the AWP benchmark is more like a car’s beyond the walls of Peoples Church. In 1997, under the title of ‘‘Dragon Skies’’. ‘‘sticker price,’’ which is usually much higher he was listed by the Fresno Bee as one of 75 On behalf of the children, parents, edu- than the actual acquisition cost. Under com- people who made a positive contribution to life cators of Oakland, of California and of the na- petitive pressure, manufacturers and whole- in the Central Valley. He and the late Pastor tion, I want to gratefully acknowledge the con- salers will routinely discount drug prices to Bufe Karraker gathered church and local lead- tributions of Dr. Michael Reynolds, PhD, to the physicians, lower their cost, while maintaining ers to tackle the issue of crime in Fresno, advancement of science education and under- a higher AWP. In a competitive spiral, these forming the NoName Fellowship, and reached standing, and for the building of the new discounts grow, increasing the net profits on beyond the church family to touch lives of the Chabot Space and Science Center, which will the drugs, while the Medicare program con- citizens in the city. Pastor Johnson has been serve as a place of inspiration and learning for tinues to pay the higher AWP. the recipient of numerous awards such as the generations to come. Unfortunately, due to the 20 percent copay Distinguished Service Award of the City of On behalf of my constituents and myself I that all beneficiaries pay for part B services, Fresno, ‘‘Mayor of Fresno, For the Day’’ in wish to recognize the accomplishments of an Medicare beneficiaries presently pay $200 mil- 1973 and 1987, and listed in ‘‘Who’s Who’’ for educator, scientist, astronomer, dreamer, and lion more than they should in inflated co-pays. Fresno and American Religion. He also sits on an eternal optimist whose watchword is ‘‘Keep What’s more, the Medicare program itself pays several boards, including the Sequoia Council Looking Up.’’ over $1 billion more than we should. of Boy Scouts of America, Fresno Leadership f The new system, based on competitive bid- Foundation, Police Activities League, and ding and choice, pays appropriately for drugs Northern California National Association of MEDICARE PRESCRIPTION DRUG and reimburses physicians appropriately for Evangelicals. AND MODERNIZATION ACT OF 2003 services. Under this new model, we provide Pastor Johnson has spoken at numerous SPEECH OF physicians a choice—either continue to do Christian Universities and conferences across business as they have or enter a new program the country. In addition to his ministry in the HON. EARL BLUMENAUER that provides drugs to physicians for adminis- United States, he has ministered to large OF OREGON tration on a replacement basis. These reforms crowds in Seoul, Korea; to Russian leaders IN THE HOUSE OF REPRESENTATIVES following the fall of Communism; and to Chris- are fair, sound and must be enacted. Thursday, June 26, 2003 Earlier this year, Congress set aside $400 tians in Romania and China. Pastor Johnson billion for the development of a prescription is also the author of several booklets and arti- Mr. BLUMENAUER. Mr. Speaker, I was dis- drug benefit in Medicare. This is a significant cles including How to Conduct a Stewardship appointed that the Rules Committee did not and meaningful commitment by Congress for Campaign in the Local Church. make in order an opportunity for an alternative our Nation’s seniors. Some may quibble about Mr. Speaker, I rise today to recognize Pas- proposal from my colleagues Ellen Tauscher the size of the benefit. However, I am con- tor G.L. Johnson for his years of ministry and and Cal Dooley, in the form of H.R. 1568. vinced that we can pass legislation so that outstanding personal contributions to the com- Looking carefully at the arguments from both every senior has access to the latest prescrip- munity of Fresno. I invite my colleagues to join sides of the aisle on the proposals before us tion drug products and has catastrophic cov- me in wishing Pastor Johnson many years of today, I am inclined to think that they are both erage for very serious, very costly medical continued success. right. There are egregious problems in the conditions. We owe it to our seniors to pass f proposal by the Republicans. It is going to have serious dislocative effects; it doesn’t ade- and have the President sign into law, a pre- HONORING DR. MICHAEL scription drug benefit this year. quately meet the needs of low-income people; REYNOLDS it could actually deteriorate prescription drug f coverage for others; and, it extends services HONORING PASTOR G.L. JOHNSON HON. BARBARA LEE to many who do not need it. OF CALIFORNIA The Democratic alternative is well-inten- HON. GEORGE RADANOVICH IN THE HOUSE OF REPRESENTATIVES tioned and more generous, but there are OF CALIFORNIA Tuesday, July 8, 2003 questions about whether this will be affordable IN THE HOUSE OF REPRESENTATIVES Ms. LEE. Mr. Speaker, I rise to recognize over time. We may be biting off more than we can sustain as Medicare goes into a time of Tuesday, July 8, 2003 the contributions of Dr. Michael Reynolds, PhD, to the advancement of science edu- severe strain with regard to cost and the ca- Mr. RADANOVICH. Mr. Speaker, I rise cation, to the creation and development of the pacity to meet the needs of an exploding re- today to recognize Pastor G.L. Johnson for his Chabot Space and Science Center in Oak- tirement population. 40 years of ministry with Peoples Church in land, California, and to the science education I continue to be troubled that low income Fresno, California. He will be honored at a of young students in Oakland, the East Bay senior citizens without drug coverage pay the special dinner for civic and community leaders and Northern California. highest prices in the world for their medicines. to be held Saturday, June 28th. Dr. Reynolds was hired as Executive Direc- This is intolerable. There is real potential to Pastor Johnson came to Fresno as the As- tor of the historic Chabot Observatory and harness the vast purchasing power of the sociate Director of the Latin American Orphan- Science Center in 1991, after being named United States to negotiate better prices, the age. In 1963, he accepted the position of Sen- Florida Science Educator of the Year and same way private employers, local govern- ior Pastor at Peoples Church, having had over being a finalist in the NASA Teacher in Space ments and hospitals do. The power of the free ten years of pastoral experience. Under his Program. market and negotiation should not be denied leadership, People’s Church has grown to be- Dr. Reynolds led the team, which con- to the sector that would benefit from it the come the largest Protestant Church in Central ceived, financed and built the new Chabot most. There is no reason that the nation’s California, with an average Sunday attendance Space and Science Center, with energy, en- Medicare recipients should pay a higher price of 4,500. The Johnson Scholarship Fund has thusiasm and skill. The center is a jewel of for the same drugs that recipients who are also been established in his honor to assist Northern California. part of our veterans program receive. We can young people with the cost of education prior Dr. Reynolds has built programs with the craft a program that is not unduly coercive, to entering full-time ministry. United States Air Force, NASA, the National and does not lead to a disruption of the drug Pastor Johnson has poured his life into Science Foundation (NSF) and the Depart- industry. The pharmaceutical industry needs to Fresno for the sake of the Kingdom of God. ment of Education to further Science Edu- be more accommodating of this approach, or He derives great joy in knowing that God has cation and the public understanding of the I feel that they will inevitably end up with far used his ministry to bring thousands to know frontiers of space science. more draconian solutions. They cannot con- Jesus Christ. The mission of Peoples Church Under Dr. Reynolds leadership, the new tinue to mine gold from low income senior citi- seems to coincide with that of Pastor John- Chabot Space and Science Center has be- zens. son’s personal mission, to ‘‘Reach . . . Win come internationally renown for its science The alternative that I would rather have had . . . Train . . . Send.’’ It has been said that education programs. on the floor today would expend the same

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.028 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1417 amount of money that we have determined is AFGHANISTAN’S FUTURE ture of Afghanistan, but a whole region’s affordable, and target it to low-income seniors hopes of escaping a 30–year nightmare. And without coverage, and people with extraor- ultimately, what happens in Afghanistan HON. BARNEY FRANK will shape relations between the Muslim dinarily high prescription drug needs. That is OF MASSACHUSETTS world and the West. where we should target our Medicare re- IN THE HOUSE OF REPRESENTATIVES The hedging of bets has taken many forms sources. It would permit us to keep promises since the fall of the Taliban a year and a half made to help remedy this serious situation. It Tuesday, July 8, 2003 ago: a dizzying succession of officers at the does not over commit, and leaves the way Mr. FRANK of Massachusetts. Mr. Speaker, United States Embassy for the first six open for subsequent Medicare reform. It would an unfortunate pattern is developing with the months; the lack of any reconstruction appear that if either of the other two bills were Bush Administration—militarily, in Afghanistan projects outside Kabul until after the grand council chose Mr. Karzai as transitional adopted, it would make long term reform more and Iraq, American forces have been ex- president; and later, international donors’ difficult and would pose significant budget tremely successful. I voted for the military ac- obsession with quick-impact projects, known pressures at a time when our fiscal policies tion in Afghanistan, and against that in Iraq, as quips, that didn’t cost much and wouldn’t are in disarray. but it is obvious that in both cases the Amer- be much of a loss if they failed. I truly think this is one of those times when ican military performed extremely well and the Afghans, meanwhile, have been waiting for major reconstruction that would make a real less actually is more, and being careful will people of the United States can be confident of the ability of our armed forces to do what- difference. The Kabul-Kandahar road, on pay long-term dividends. I am voting accord- which work has only just begun, has become ingly, against the two alternatives, and hope ever is necessary to protect us and to ad- a cause ce´le`bre. What was once a six-hour that Congress will reach the point where we vance our legitimate security interests. trip to the capital to deliver, say, Kandahar can have a more targeted, sustainable, and Unfortunately, this administration’s record in grapes, and the exquisitely fragrant raisins effective approach that can provide a founda- the aftermath of these military victories has they dry into, is now a three-day trek—and tion for future reform. been much less reassuring. The situation in 72 hours on the road means grape mash. A Iraq is of course a very distressing one, and good road to Kabul would make all the difference to Kandahar’s merchants, and jump f is widely known. In part because of the attention that is understandably focused on Iraq, start a whole region’s economy. And what about other projects that would HONORING MRS. ODELL KINNEY with the continuing toll on American military substantially improve Afghan lives? There’s personnel and the chaos and political troubles the road to Urozgan, an isolated town that is in the country, Afghanistan has to some extent easy prey to Islamic extremists and is at HON. STEPHANIE TUBBS JONES been, as the headline in The New York Times minimum a nine-hour drive from Kandahar OF OHIO for July 1 says, ‘‘Lost in the Shuffle.’’ along a ribbon of iron-hard dirt. The Helmand Province irrigation system, built IN THE HOUSE OF REPRESENTATIVES I recently met in my office here with representatives of Afghans for a Civil Society, by American engineers in the late 1950s, now Tuesday, July 8, 2003 and I was troubled by the grave defects they lies crippled after years of neglect and So- viet sabotage. Donors, however, are loath to Mrs. JONES of Ohio. Mr. Speaker, I rise described in American policy there. In par- commit their money to big projects like today to recognize a citizen who exemplified ticular, we are clearly doing much too little to these. the spirit of self-reliance and a concern for support President Karzai—who seems to be a But the most dangerous form of bet-hedg- others that we can all learn from. Mrs. Odell man genuinely trying to promote democracy ing has been American support for local and economic development in a difficult situa- strongmen. Eager for Afghan forces to help Kinney was a pillar of society, particularly fight the Taliban, the United States brought among her community in Cleveland, OH. tion. Mr. Speaker, I supported America’s military these warlords back from exile after 9/11. Mrs. Kinney gained a well-founded reputa- What began as a relationship of convenience intervention into Afghanistan to deal with the tion for taking in children of the neighborhood was cemented in a brotherhood of arms, as terrorists who had unleashed mass murder on and dedicating her time to the development of United States troops fraternized with the ex- the United States. And I believe that over- her community for over 30 years. She made a otic fighters they had bivouacked with. Be- throwing the brutal, bigoted Taliban regime lifelong commitment to raising 18 children who cause they had reaped weapons and cash in was also a service to human rights. But hav- the bargain, the warlords were able to im- loved and admired her dearly. She was also a ing done that, we have an obligation to help pose themselves as provincial governors, de- daycare provider for over 20 years. put a coherent government in Afghanistan in spite being reviled by the Afghan people, as Her dedication to children has inspired the its place, and I regret to say that I do not think every conversation I’ve had and study I’ve done demonstrates. Odell Kinney Scholarship Fund. The goal of this administration is showing sufficient will in the Odell Kinney Scholarship Fund is to award Their positions have been reinforced by this regard. international donors who, for convenience’s an annual scholarship in the amount of $1000 Subsequent to my meeting with people from sake, distribute much of their reconstruction to a deserving student. Afghans for a Civil Society, I read last week in assistance through the warlords. The donors’ Among her abundant contributions to soci- The New York Times a very thoughtful and reasoning sounds plausible: ‘‘So-and-so is the ety, Mrs. Kinney was a member of the PTA, disturbing article by Sarah Chayes, who had governor,’’ numerous United States officials a persistent entrepreneur, an active member been in that meeting, in which she points to have told me. ‘‘The day President Karzai re- of the Lee/Harvard Ward Club and served as one of the central weaknesses of America’s moves him, we will support that decision. President of her street club for 10 years. She But until then, we have to work with him.’’ policy in Afghanistan. Because redeeming our It’s a bit disingenuous, since this expla- provided food baskets to the needy on an on- obligation to the people of Afghanistan is so nation ignores the way these men became going basis, served as a church missionary important both in moral and geopolitical terms, governors. and a Bible school teacher. I ask that Sarah Chayes’ important article be It also begs the truth. In late May, Presi- There are hundreds of individuals, if not printed here. dent Karzai summoned to Kabul the 12 gov- thousands whose lives Mrs. Kinney touched in [From the New York Times, July 1, 2003] ernors who control Afghanistan’s strategic borders. For the previous fortnight, Afghan a beautiful way. They will never be the same AFGHANISTAN’S FUTURE, LOST IN THE and international officials say, he had been again: SHUFFLE preparing to dismiss the most egregious of- ‘‘They don’t make ’em like Odell anymore,’’ (By Sarah Chayes) fenders: four or five governors who are run- said Mr. Simmons, a childhood friend. KANDAHAR, Afghanistan—en miles outside ning their provinces like personal fiefs, who ‘‘She had a beautiful spirit,’’ said business this dust-blown city, the historical capital of withhold vast customs revenue from the central government, who truck with meddle- partner, Brenda McCants. Afghanistan, gunmen belonging to the local warlord guard the airport, which American some foreign governments, who oppress their ‘‘She was at the top of her game, committed forces use as a base. The hefty fee the guards people, who turn a blind eye to extremist ac- and dedicated to the community and came get from the United States has allowed them tivities while trumpeting their anti-Taliban from a great generation of black women,’’ said to build a marble-faced barracks nearby. bona fides. United States officials, saying Cleveland Councilman Joe Jones. Kandaharis, baffled, keep asking me, ‘‘Why they were taken aback by the scope of the are the Americans helping President Harold Afghan government’s plan, discouraged him. The biggest commitment she made was the Karzai and helping his enemies, the war- The plan was scrapped, and the Afghan gov- love of God and God’s children. In essence, lords, too?’’ To them the problem with this ernment made do with an agreement in Mrs. Odell Kinney had a heart as big as practice is clear: United States policy is in which the recalcitrant governors promised to Texas. The lingering effects of her good work danger of failing because America won’t stop hand over customs revenue owed the central will last forever. hedging its bets. At stake is not just the fu- government.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.031 E08PT1 E1418 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 Washington, in other words, wouldn’t stop H.R. 1828, SYRIA ACCOUNTABILITY ods also encourage rogue regimes to recog- hedging its bets. The United States backs AND LEBANESE SOVEREIGNTY nize that there is an opportunity to improve Mr. Karzai, but it can’t relinquish its alli- RESTORATION ACT OF 2003 their relations with the United States. Should ances with the enemies of all he stands for. rogues wish to reengage with the United But President Karzai bears part of the HON. GEORGE R. NETHERCUTT, JR. States, they need only to change their behav- blame. He, too, has been hedging his bets. OF WASHINGTON ior. Regular Congressional review of sanctions His endlessly polite interactions with his IN THE HOUSE OF REPRESENTATIVES ensures that this change in behavior will have predator governors are confusing his con- a chance to be acknowledged. Conversely, Tuesday, July 8, 2003 stituents. Although Washington thought fir- permanent sanctions can backfire by signaling ing half a dozen governors was too much, it Mr. NETHERCUTT. Mr. Speaker, today I to the rogue state intent to isolate, irrespective would have supported the dismissal of one or joined a growing number of my colleagues in of the nation’s willingness to respond with re- two, and Mr. Karzai wasted a golden oppor- cosponsoring H.R. 1828, the Syria Account- forms. The Trade Sanctions Reform and Ex- tunity by refusing to do that. ability and Lebanese Sovereignty Restoration port Enhancement Act outlines a two-year The problem is, no matter what they say, Act. sunset for unilateral agricultural or medical these warlords aren’t going to behave. They I sponsored this legislation because I be- sanctions. H.R. 1828 must incorporate a simi- are not reformable, because it is not in their lieve that Syria presents a unique threat to the lar sunset provision. interest to reform. The warlords’ livelihood peace, security and stability in the Middle Third, the legislation must provide greater depends on extremism and lawlessness. East. Syria is geographically central in the re- flexibility to the Executive Branch in the impo- That’s how they draw their pay; that’s what gion, but it is also central to the peaceful evo- sition of sanctions. Section 5(b) provides a allows them to rule by the gun in an unoffi- lution of the region. cial martial law, looting villages under the waiver from the imposition of sanctions if the Continued Syrian sponsorship of terrorism President determines that it is in ‘‘the vital na- pretext of mopping-up operations, extracting threatens to unravel renewed efforts at peace taxes and bribes, crushing opponents. tional security interest of the United States to in the region. President Bush’s Road Map is at do so.’’ Such a waiver sets the bar too high The American alliance with warlords also risk because of this state-sponsored terrorism and is potentially restrictive of the exercise of discourages ordinary Afghans from helping and we must indicate the serious con- foreign policy by the Executive Branch. The rebuild their country. And without the peo- sequences of Syria’s destabilizing activity. ple, the process is doomed. Afghans I have Libertad Act (P.L. 104–114), for example, sets This legislation gives the President the le- for a ‘‘national interest’’ waiver for Title III met and worked with share a fierce desire to verage he needs to persuade the Syrian re- live in a normal country. They have dem- sanctions. gime to reconsider its role in the region. The onstrated that desire. In the face of tremen- Fourth, the legislation must place a greater dous adversity, they have managed to open fall of Iraq represented only the first in a series priority on cooperation with our allies in the schools, clean irrigation ditches, plant trees of positive changes that will sweep through imposition of sanctions. Sanctions tend to be and dig sewers. But seeing warlords regain the Middle East in the coming years, and effective when they are imposed under a mul- power is making people waver. I have found Syria has an opportunity to be on the right tilateral framework. Unilateral sanctions isolate in my work that more and more Afghans are side of history. The possibility of this legisla- the United States as much as they isolate the withdrawing to the sidelines, subtracting tion becoming law should be understood as a targeted nation. Diplomacy, as in nature, ab- their life force from the battle to reconstruct clear warning about the position of the House hors a vacuum and will fill it. A loss of Amer- Afghanistan. of Representatives. ican influence will be replaced by other na- They are also increasingly wary about the At the same time, I do not believe that H.R. tions unless sanctions are imposed through a elections next year. At a recent meeting here 1828 is a perfect bill. It needs to be improved broad, multilateral coalition. The United States with representatives from the commission before it is sent to the President for his signa- must persuade other countries to join us in that’s drafting a new constitution, a nursing ture. I am cosponsoring the bill out of a desire sanctioning Syria if we are to have significant student asked, ‘‘How can we freely elect our to move this legislation forward, but believe a influence. representatives with warlords controlling number of changes are necessary. I offer these reservations and recommenda- the countryside?’’ First, the legislation must specifically define tions out of a desire to improve H.R. 1828. I Despite American officials’ misgivings, it the meaning of ‘‘food and medicine’’ in Section recognize that peace in the Middle East de- would not be so difficult to remove the war- 5(a). Specifically, this section should be pends on change in Syria. But I also believe lord-governors. Their lack of popular support brought into conformity with the definitions of Congress should adhere to the limitations out- means no one would fly to their defense were ‘‘agricultural commodity,’’ ‘‘medicine’’ and lined above in the imposition of unilateral they dismissed. The mere display of Amer- ‘‘medical device’’ included in the Trade Sanc- sanctions. When unilateral sanctions are im- ican backing for a plan to oust them would tions Reform and Export Enhancement Act of posed, they should be limited in scope and be enough to cow their paid liegemen. In the 2000 (P.L. 106–387). Enactment of this legis- limited in duration and provide significant flexi- interest of offering Afghanistan a chance at lation three years ago signaled Congressional bility to the Executive Branch. H.R. 1828 can a future, and opening the door to a new kind intent to prohibit unilateral sanctions on food of relationship with the Muslim world, the be amended to incorporate these rec- and medicine. To ensure there is no confusion ommendations, which must be made before United States should back any future deci- by implementing agencies that have histori- sion to remove the warlord-governors. the legislation is sent to the President for sig- cally demonstrated hostility to excepting cat- nature. For despite the rocky start to recon- egories of exports from unilateral sanctions, it structing postwar Afghanistan, an ember of is necessary to include very specific defini- f hope for the country’s future is still burning. tions. MILITARY CONSTRUCTION Several high caliber diplomats are now at Second, the legislation must incorporate APPROPRIATIONS ACT, 2004 the American embassy. American military sunset clauses for both the authorization of commanders, who by training focus on battle sanctions and for any sanctions that are im- SPEECH OF plans, have begun to realize that their ac- posed through Section 5(a)2. Congress should tivities can have unintended political con- not impose sanctions in perpetuity, for while HON. NANCY PELOSI sequences if they do not have intimate we are often quick to impose sanctions; we OF CALIFORNIA knowledge of the people they are dealing IN THE HOUSE OF REPRESENTATIVES with. These officers have grown more alert are not nearly as effective at repealing dated to the ways in which local warlords may be restrictions. Sanctions, fundamentally, should Thursday, June 26, 2003 be an aberration to how the United States ap- using them. In Kandahar, the base com- The House in Committee of the Whole mander has begun meeting with tribal elders proaches other nations. Our bilateral relation- House on the State of the Union had under to forge links with the population. In other ship should stress engagement over restric- consideration the bill (H.R. 2559) making ap- words, the United States is finally positioned tions, but in certain exceptional cases, sanc- propriations for military construction, fam- to do a good job here. tions may be necessary. These sanctions ily housing, and base realignment and clo- When President Bush decided to invade should be temporary in nature to encourage sure for the Department of Defense for the Iraq, he promised that Afghanistan would future Congressional scrutiny of the continued fiscal year ending September 30, 2004, and for other purposes: not be forgotten. If that promise is to mean value of the restrictions. Should sanctions be anything, America’s accumulated experience perceived necessary in the future than future Mrs. PELOSI. Mr. Chairman, many of us will in Afghanistan must be acted upon, un- Congresses are likely to extend the prohibi- spend part of the Independence Day work pe- equivocally. It’s time to stop hedging bets. tions beyond the sunset period. Sunset peri- riod at ceremonies marking the heroism of our

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.035 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1419 service men and women, and the sacrifices of plan will only cover a fifth of what seniors will I am proud to represent the people of the their families. If we were to ask any military spend over the next 10 years on prescription great City of Centralia and to share in this commander present at those ceremonies, medicines. To fit inside their budget, the au- special occasion. I thank them for all they give What is the most important aspect of leader- thors of this bill have developed a huge gap, to our country and I wish them another suc- ship? The answer would be: First, take care of or doughnut hole, that forces seniors who cessful 150 years. Congratulations and ‘‘Go the troops. spend between $2,001 and $3,500 on medi- Orphans!’’ This bill provides an opportunity for the cines to pay all of their costs. This is unac- House to exhibit that kind of leadership, the ceptable, Mr. Speaker. f Third, this plan relies on an untested mech- opportunity to take care of our troops. Instead, JOHN L. GROVE sadly, it is another missed opportunity. anism to deliver medicines to seniors. H.R. 1 If military quality of life issues were a pri- creates a drug-only insurance market that will ority, we would not be considering a Military not work, especially in rural areas. But what HON. BILL SHUSTER Construction Appropriations Bill that is $1.5 makes this bill worse is that it makes no effort OF PENNSYLVANIA billion below last year’s funding level, but we to provide a fallback for rural seniors should IN THE HOUSE OF REPRESENTATIVES would be passing Mr. OBEY’s amendment, private drug-only plans decide to stop offering Tuesday, July 8, 2003 which would help nearly 8,000 service mem- them coverage. bers and their families get the housing they Finally, in this plan we see the Republican Mr. SHUSTER. Mr. Speaker, I rise to recog- deserve. Majority’s true colors. H.R. 1 is simply a shell- nize the life and loss of John L. Grove, whose Instead, we pass resolutions that talk about game that will privatize Medicare. Under this accomplishments have made an everlasting supporting the military and then refuse to pro- legislation, in 2010 private plans will be al- impact to Pennsylvania and the Nation. vide that support in the appropriations bills. lowed to compete against Medicare to cover John Grove committed his life to the Frank- Active and retired military personnel and hospital and physician benefits. As private lin County community as a defining model for their families have been among the victims of plans seek to siphon off healthy seniors, the entrepreneurism and the American dream. Mr. the irresponsible and fiscally unsound budget cost of remaining in traditional Medicare will Grove personally had a hand in the creation of and tax policies of the Republican majority. If rise and seniors will be forced to join an HMO, numerous successful companies and contrib- putting the troops and their families first were along with all of its restrictions, to get cov- uted his expertise and advice to a whole host a Republican priority, they would not have erage. of other business ventures. submitted a budget that continues the tax on When President Lyndon Johnson signed John Grove was noted for his brilliance and disabled veterans, that cuts veterans benefits, Medicare into law over 38 years ago, Medi- huge innovations in the world of hydraulics. and that impacts aid. And they would not have care was designed to be a guarantee that our He was most notably, the ‘‘father’’ of the hy- approved a tax cut that takes care of the chil- seniors would be able to get affordable health draulic telescoping crane boom. In addition to dren of the wealthy few while ignoring 250,000 care services regardless of their age, ability to his prowess for business and ingenuity, he children of active duty military personnel. pay, or degree of sickness. In the spirit of that was also extremely generous to his commu- That is a regrettable message to send to the landmark law, I will vote for an alternative nity. Today his philanthropic endeavors, in- troops just days before the Fourth of July. amendment to H.R. 1 that creates a simple, cluding the John L. Grove College of Business at Shippensburg University and the John L. f comprehensive, prescription medicine plan under Medicare. This plan also includes supe- Grove Medical Center in Greencastle, stand MEDICARE PRESCRIPTION DRUG rior rural provider provisions in comparison to as a reminder of his faith in those around him AND MODERNIZATION ACT OF 2003 those contained in H.R. 1. and his determination to provide a better life Mr. Speaker, for the third Congress in a row for others. SPEECH OF we have another Medicare bill pending before John Grove and his brother formed Grove HON. BOB ETHERIDGE us. And once again, the bill is a sham. It pro- Manufacturing Company by building farm wagons out of a two car suburban garage. But OF NORTH CAROLINA vides no guaranteed benefit, contains a huge gap in coverage, and it will privatize Medicare. brilliance would not be constrained by just IN THE HOUSE OF REPRESENTATIVES America’s seniors want bipartisan coopera- farm wagons. In just three short years, he and Thursday, June 26, 2003 tion in this body. They want us to come to- his brother developed and built the industry’s Mr. ETHERIDGE. Mr. Speaker, I rise tonight gether to strengthen Medicare, not dismantle first industrial yard crane. Quickly the wagons to oppose H.R. 1, the Republican Medicare it. I urge my colleagues to oppose H.R. 1 to- were superceded by the demand for the bill. night. cranes and the small business in a garage be- Tonight we have an opportunity to provide f came an industrial giant. After a very successful run in this career, seniors with a Medicare prescription medicine CENTRALIA SESQUICENTENNIAL Mr. Grove and his brother sold the company benefit. But the Republican Majority has RECOGNITION thrown aside bipartisanship and crafted a bill in the 1960’s and John Grove took a well-de- that will confuse and short-change seniors served vacation. But as most truly gifted peo- while slowly eroding the time-honored guar- HON. JOHN SHIMKUS ple find out, the body may rest but the brain antee of Medicare. I cannot vote for this seri- OF ILLINOIS never pauses. It was in the course of his va- IN THE HOUSE OF REPRESENTATIVES ously flawed bill. cation travels across this great country of Seniors in North Carolina’s Second District, Tuesday, July 8, 2003 ours, that Mr. Grove realized the pitfalls of like those across the country, deserve a real Mr. SHIMKUS. Mr. Speaker, I rise today to those who needed to work on platforms and Medicare prescription medicine benefit. They pay special tribute to the City of Centralia, Illi- scaffolding. To that end, he invented the self want a plan that is simple, comprehensive, nois as she celebrates her sesquicentennial. propelled work-basket vehicle and in an in- and a part of Medicare. I have consistently Since 1853, the people of Centralia have lived stant a second career was born. voted for such a plan throughout my career in and prospered and given so much to this In implementing his new vision, Mr. Grove Congress. great nation. and a partner bought a small factory in But H.R. 1 subjects seniors to a complex Centralia was founded as a result of the McConnellsburg and began with only 15 em- plan that features fluctuating premiums, a building of the Illinois Central Railroad, hence ployees. Soon, JLG Industries would grow to huge gap in coverage, uncertainty about who’s the name Centralia. It was also a coal-mining a internationally recognized company that going to provide them with medicines, and it town almost from the first years of its exist- would employ thousands from around the will end Medicare as we know it. ence. The town has experienced an oil boom community. First, nothing in this legislation requires the in the mid 1900s and is home to much indus- In 1993, Mr. Grove retired from a hugely drug-only insurance groups that will administer try. successful career at JLG, but he continued to this plan to fix premiums at $35 a month. That Over the years Centralia has produced offer both his business experience and philan- number is merely a suggestion. Our seniors many leaders who have been instrumental in thropy to the area he so dearly loved. do not want suggestions Mr. Speaker, they our Nation’s history. One reason is due to the Few people have had such a tremendous want certainty. quality education provided. It is also the home impact on south central Pennsylvania. With Second, the $400 billion the Majority set of the ‘‘Winningest Basketball Team in Amer- the passing of John L. Grove, Pennsylvania aside for Medicare related spending in their ica,’’ the Centralia Carillon, and the Centralia and America have lost one of their greatest Fiscal Year 2004 is woefully inadequate. This Balloon Fest; just to name a few. citizens.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.038 E08PT1 E1420 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 HONORING THE 35TH ANNIVER- RECOGNITION OF SSM HEALTH effort, he has helped to continue the legacy of SARY OF EDEN HOUSING, INC. CARE AND ST. MARY’s/GOOD SA- a family pharmacy, to act in the best interest MARITAN HOSPITAL of the patient, and has passed that lesson to HON. FORTNEY PETE STARK his son. OF CALIFORNIA HON. JOHN SHIMKUS Today, Mack McCahan still continues to IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS work in the pharmacy, by filling in for his Tuesday, July 8, 2003 IN THE HOUSE OF REPRESENTATIVES brother and son on their days off. In his free time, he can be found with his lovely wife. Mr. STARK. Mr. Speaker, I rise today to Tuesday, July 8, 2003 I salute Mack McCahan and congratulate honor Eden Housing, Inc. of Hayward, Cali- Mr. SHIMKUS. Mr. Speaker, I rise before him on 50 years of tremendous success in fornia on the occasion of its thirty-fifth anniver- you today to recognize SSM Health Care for both his career and his leadership within the sary. Eden Housing, Inc. was founded in 1968 receiving the Malcolm Baldridge National community. by a group of dedicated individuals who were Quality Award. SSM Health Care sponsors St. concerned about the lack of affordable hous- Mary’s/Good Samaritan Hospitals in Centralia f ing in Alameda County. The original board and Mt. Vernon, both located in the 19th Con- members developed Eden’s first affordable de- gressional District of Illinois. HONORING THE LOGAN HIGH velopment, the 150-unit Josephine Lum Lodge I am very proud of their accomplishment. SCHOOL FORENSICS TEAM AND for seniors in Hayward, California. SSM Health Care is the first health care orga- COACH TOMMIE LINDSEY Since starting its first project nearly 35 years nization to win the award. The award is given ago, Eden Housing has created 4,200 units of annually by the United States Department of affordable housing for low income families, Commerce and is the highest award a U.S. HON. FORTNEY PETE STARK seniors and persons with disabilities, and has company can receive for management and OF CALIFORNIA become one of the most active non-profit af- quality achievement. IN THE HOUSE OF REPRESENTATIVES fordable housing developers in California. As it The leadership, medical staff, and all em- has grown, the organization has expanded its ployees continually strive to meet the needs of Tuesday, July 8, 2003 development activities into six Northern Cali- their patients first. Their level of service is out- Mr. STARK. Mr. Speaker, I rise today to fornia counties. From its small but ambitious standing and very responsive. I thank them for honor the Logan High School forensics team, beginning, Eden, and its two major affiliates, their commitment to quality health care, but and their coach Tommie Lindsey. Eden Housing Management, Inc. and nonprofit above all to the citizens of this great nation. Eden Housing Resident Services, Inc. now Keep up the excellent work. Recently, thirteen students from Logan High competed in the National Forensic League employ a combined professional staff of 120 f employees. The organization is guided by an tournament in Atlanta, where five team mem- eleven member volunteer board of directors STEPHEN G. MCCAHAN, JR. bers went twelve out of the thirteen rounds. from a wide spectrum of professional fields. One team member completed all thirteen In addition to meeting the needs for afford- HON. BILL SHUSTER rounds, winning the championship, and a able shelter, Eden Housing is committed to OF PENNSYLVANIA $6,000 scholarship. Logan is one of only five helping its residents improve their lives IN THE HOUSE OF REPRESENTATIVES schools that received the School of Excellence through free onsite supportive services and Award—and the only one from California— programs provided by Eden’s nonprofit affil- Tuesday, July 8, 2003 from a field that included 1,000 schools. iate, Eden Housing Resident Services, Inc. Mr. SHUSTER. Mr. Speaker, I rise today to Coach Tommie Lindsey’s successful coach- These services include children’s summer and honor Stephen G. ‘‘Mack’’ McCahan, Jr., an ing style was the subject of a PBS Documen- after-school programs, scholarships for de- outstanding resident of Southcentral Pennsyl- tary last year called ‘‘Accidental Hero: Room serving adults, senior health and fitness pro- vania who perfectly epitomizes the spirit of 408.’’ Students are back in Room 408 at grams, onsite service coordination, and com- America. Mr. McCahan is a superb profes- Logan, where Lindsey is preparing them for puter learning programs where children learn sional, an outstanding pharmacist, and a gen- the coming year in a summer-school program skills to help them succeed in school, and uine expert in his field. that includes 156 of the 240 students who adults acquire skills to help them compete for On August 22, 2003, Mr. McCahan will make up the forensics team. Room 408 is better employment opportunities. reach a true landmark, 50 years of service in filled with dozens of certificates of merit and Throughout its history, Eden Housing has the pharmacy profession. In the course of his stacked high to the ceiling with trophies. made it a priority to mentor and partner with career, Mr. McCahan has demonstrated high Four Logan students have won national smaller non-profit organizations to build their quality work and has exceeded all ethical forensics championships in the past 15 years, capacity while providing housing to serve spe- standards. He has touched thousands of pa- and 20 other students have reached the semi- cial populations or geographic communities. tients and positively impacted each community final round of the competition. But those aren’t Included in Eden’s collaborations are a 100- that he has served. the statistics Lindsey is most proud of. unit senior apartment complex, developed with Mack McCahan started as a staff phar- This year, 27 or the 28 graduating seniors East Bay Issei, a coalition of Japanese Amer- macist in the United States Navy at Camp on the forensic team are going to four-year ican groups concerned with creating housing LeJuene, NC from 1953–1955. From there he colleges and the other one is going to junior for their senior constituents; multiple partner- moved to Bellfonte, PA to continue his phar- college, according to Lindsey. In a school ships with Community Resources for Inde- maceutical career and then to Waynesboro, where, Lindsey said, about 40 percent of the pendent Living and the Mentally Handicapped PA where he worked at Minnick’s Pharmacy. graduates go on to college, the numbers of Children’s Organization to create develop- It was in 1963 that Mr. McCahan bought the the forensics team speaks volumes. ments for persons with disabilities; and a col- Agnew Drug Store in Everett, PA and re- laboration with East Bay Habitat for Humanity named it the Everett Pharmacy. In 1971, his Lindsey has been coaching forensics for 27 to build homes in Fremont for first-time buy- brother Larry joined the business. In 1985, he years, and at Logan since 1989. He is the diers. further expanded his business by opening rector of forensics and a teacher, but to his In its thirty-fifth year, Eden Housing is cele- McCahan’s pharmacy in Saxton, PA with his students, he is much more. According to them, brating the future, as well as the past. Eden son Steve and his brother. they benefit from his coaching and beyond. He Housing, Inc. is breaking ground on new de- During his time in Everett, Mr. McCahan has advises students on how to perform, how to velopments and opening others. The organiza- become a leader in the community. His friend- maintain their concentration during a perform- tion is conducting feasibility studies for addi- liness and goodwill have made him recognized ance, how to dress and how to treat competi- tional units and continues to search out new by all. To that end, Mack and his wife Jean tors, He also encourages them to volunteer in opportunities, all of which support Eden have been friends of the Shuster family for the community, such as their recent work with Housing’s commitment to provide affordable over 30 years. Having grown up with his sons, elementary school students. housing in Northern California well into the fu- Steve and Matt, I know his goodwill person- It is with pride and honor that I commend ture. ally, in fact growing up I was a member of the the Logan High School Forensics Team and Congratulations Eden Housing, Inc. I ap- family. Tommie Lindsey for their community involve- plaud your dedication and exemplary contribu- It was only in 2001, that Mr. McCahan sold ment, their passion to succeed, and continued tions. the business to his son and his brother. In that commitment to excellence.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.043 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1421 RECOGNITION OF MT. VERNON Carl grew up in Anderson Township and men had enlisted in the military and were ELKS LODGE 819 graduated from Anderson High School in serving our country in Europe and the Pacific. 1956. He continued his education at the Uni- To help alleviate this shortage, Raymond de- HON. JOHN SHIMKUS versity of Cincinnati’s College of Engineering. cided to leave his job as a truck driver and in OF ILLINOIS After receiving his degree, Carl worked for 1944 became one of many who filled in for the IN THE HOUSE OF REPRESENTATIVES various engineering companies including Sun firefighters who were deployed overseas. He Tuesday, July 8, 2003 Oil Company, and in 1970 started his own en- stayed with the Fire Department for another gineering and surveying firm that served the 20 years, until his retirement in 1964. Mr. SHIMKUS. Mr. Speaker, I rise before Greater Cincinnati area. Starting with only two Raymond received little formal training or in- you today to recognize Mt. Vernon Elks Lodge employees, Carl’s successful business grew to struction in firefighting. Instead, he learned on 819. This year marks their 100th year of serv- 25 employees before he was elected the the job, fighting fires with the members of the ice to the people of Jefferson County. I am Clermont County Engineer. east side fire station in Centralia. very proud of their milestone and that they are His service goes beyond his elected office. part of the 19th Congressional District, which The Centralia Fire Department and many of Carl is an active volunteer with the local 4–H the citizens of Centralia honored Raymond at I serve. Club, and helps the local Cub Scouts earn The Elks is a national fraternity involved in his funeral. their Engineering Achievement Awards. He is a variety of charitable work involving children Raymond’s career as a firefighter is just one devoted to his wife, Barbara, and they have and veterans. Members also uphold their long- example of the thousands of contributions to three children and six grandchildren. standing tradition of patriotism and spirituality. our nation made by members of the ‘‘Greatest All of us in the Greater Cincinnati area con- Locally, they regularly disperse funds to help Generation.’’ It is my prayer that all Americans gratulate Carl on his service. We appreciate charitable causes and to provide scholarships. would learn to make the same selfless sac- his outstanding leadership and dedication to Several of their activities include assisting crip- rifices made by those citizens. the betterment of Clermont County, and we pled children, volunteering at veteran’s hos- wish him well in his retirement. pitals, organizing blood drives, providing learn- f ing opportunities for local students, and sup- f TEMPORARY AUTHORITY FOR porting the Jefferson County Sports Authority. TRIBUTE TO MRS. CHRISTINE CONGRESSIONAL HUNGER CEN- The Mt. Vernon Elks have also been nationally REED TER TO AWARD BILL EMERSON recognized as the finest lodge in America. I thank them for all the work they do and will AND MICKY LELAND HUNGER continue to do in the future. Their commitment HON. DONALD M. PAYNE FELLOWSHIPS to their country and to their fellow citizens is OF NEW JERSEY very commendable. The selfless services they IN THE HOUSE OF REPRESENTATIVES SPEECH OF provide on a daily basis are an example for us Tuesday, July 8, 2003 HON. ALCEE L. HASTINGS all to follow. There is no question that their Mr. PAYNE. Mr. Speaker, I rise today to OF FLORIDA community, their state, and their country are recognize a magnificent individual and dedi- IN THE HOUSE OF REPRESENTATIVES better because of them. I wish the lodge the cated member of both her community and very best as they enter into their next 100 church, Mrs. Christine Reed, affectionately Wednesday, June 6, 2003 years of service. known as ‘Grahams’. Born in Summit, New Mr. HASTINGS of Florida. Mr. Speaker, I f Jersey, Mrs. Reed has been an active mem- rise today in support of H.R. 2474. Mickey Le- ber of the Saint Paul’s Calvary United Church HONORING CARL G. HARTMAN ON land, our former colleague once said ‘‘I cannot of God for over 35 years. HIS RETIREMENT AS THE get used to hunger and desperate poverty in On July 13, 2003, the members of the Saint CLERMONT COUNTY ENGINEER our plentiful land. There is no reason for it, Paul’s Calvary United Church of God’s Usher there is no excuse for it, and it is time that we board will proudly recognize Sister Christine HON. ROB PORTMAN as a nation put an end to it.’’ But, according Reed with the Lifetime Achievement Award. OF OHIO to USDA statistics, there are 33 million chil- Throughout her many years of membership, IN THE HOUSE OF REPRESENTATIVES dren suffering from pangs of hunger and pov- Mrs. Reed partook as a member of various erty and nearly 300 million in the world. Hun- Tuesday, July 8, 2003 choirs, the Missionary Department, Sunday ger is still rampant. Mr. PORTMAN. Mr. Speaker, I rise today to School Teacher and the Usher Board. Mrs. honor Carl G. Hartman who has served as Reed served as the President of the Usher The Congressional Hunger Center founded Clermont County Engineer for the past 11 Board for over 25 years. Also serving as the in 1993, successfully educates leaders to fight years and who retired on May 31, 2003. In his Vice President for a time, Mrs. Reed was a hunger globally. It is through this entity that tenure, Carl has excelled as the Clermont dedicated member, a hard and reliable worker, the Emerson-Leland Fellowships are adminis- County Engineer, accomplishing much for the always willing to teach and lend a helping tered, and I stand strongly in support of this county’s roadways and infrastructure. hand in any possible capacity. legislation. When Carl was elected as the County Engi- Mr. Speaker, I know that my colleagues H.R. 2474 authorizes the use of funds al- neer in 1992, Clermont County was one of the here in the U.S. House of Representatives join ready appropriated for the Emerson-Leland fastest growing counties in Ohio presenting me today in saluting Mrs. Christine Reed for Hunger fellowships for fiscal year 2003 and him with a variety of challenges. Carl faced her many years of dedicated service to Saint 2004. However, these funds were appro- those challenges and became the ‘‘transpor- Paul’s Calvary United Church of God. priated in The Farm Security and Rural Invest- ment Act of 2002, which created an inde- tation engineer’’ of Clermont County, expand- f ing the role of county engineer beyond just the pendent agency in the legislative branch. The maintenance of the bridges and roadways. He RECOGNITION OF RAYMOND act established an endowment in the Depart- had many accomplishments. He was able to FLOWERS ment of Treasury and a board of trustees to secure funding and rebuild 75 bridges supervise and direct the program that is not throughout the county. By working with local HON. JOHN SHIMKUS yet operational. This presents a barrier to the officials, he was able to pinpoint dangerous OF ILLINOIS foot soldiers of compassion, who are primed and ready to fight hunger both here and areas of the roadways and implement safety IN THE HOUSE OF REPRESENTATIVES measures to secure the safety of travelers. In abroad while fulfilling the vision of Mickey Le- addition to his duties as county engineer, in Tuesday, July 8, 2003 land and Bill Emerson. 1996 Carl took on the role of Sanitary Engi- Mr. SHIMKUS. Mr. Speaker, I rise today to Substantial progress has been made to feed neer for the Clermont County Water and pay tribute to the late Mr. Raymond Flowers of the hungry in the United States and abroad, Sewer Department where he was responsible Centralia, IL. Upon his death at the age of yet much is still needed, and I am in full sup- for handling over $5 million of capital improve- 100, Raymond held the status of oldest retired port of equipping the willing in this fight with ment projects. His success is well known, and firefighter in the state of Illinois. whatever means are necessary to do so. This he has been honored by many of the indus- Towards the end of World War II, the bill allows those funds to be used by the Con- try’s leaders for his outstanding work on the Centralia Fire Department faced a significant gressional Hunger Center for hunger fellow- county’s roadways and infrastructure. shortage of firefighters. Many of Centralia’s ships.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.047 E08PT1 E1422 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 MEDICARE PRESCRIPTION DRUG RECOGNITION OF EDITH JAMES I also support the funding in this legislation AND MODERNIZATION ACT OF 2003 AND SARAH LOCKHART for State and local first responders. H.R. 2555 will provide $4.4 billion for the Office of Do- SPEECH OF HON. JOHN SHIMKUS mestic Preparedness, which includes $1.9 bil- OF ILLINOIS lion for domestic preparedness formula grants HON. DAVE CAMP IN THE HOUSE OF REPRESENTATIVES and $750 million for firefighter grants. Before September 11, the firefighter grant OF MICHIGAN Tuesday, July 8, 2003 program was funded at $200 million, but the IN THE HOUSE OF REPRESENTATIVES Mr. SHIMKUS. Mr. Speaker, I rise before changes our nation has undergone since that you today to recognize Edith James and Thursday, June 26, 2003 horrific day have made clear the need for a Sarah Lockhart of Mt. Vernon, Illinois. Edith dramatic increase in funding. This bill provides Mr. CAMP. Mr. Speaker, I rise in strong and Sarah recently led the Jefferson County that increase. support of H.R. 1, the Medicare Prescription African-American Heritage Committee’s Re- The bottom line for me is our ports are still Drug and Modernization Act of 2003. search Committee in publishing the booklet, vulnerable and our first responders need We’re hearing a lot about the year 1965 We The People—Past Present and Future, a strong financial support to protect our Nation. today. Let me remind my colleagues of some look at local African-American history. This bill provides significant assistance in both of the other things from that year. Herb Alpert I thank and commend them for their tireless areas and strengthens national security. and Tijuana Brass won a Grammy for ‘Album work in preserving and documenting history. Mr. Chairman, I urge my colleagues to vote of the Year’ and Tom Jones earned one as Their work will lead to a better understanding for this vital funding bill. of those who have come before us. It will also ‘Best New Artist’. Sonny and Cher had a hit f song in ‘l Got You Babe’ and ‘Bonanza’ was help to better educate us on one of the most the top show on television. A postage stamp divisive and shameful periods of American his- MR. JIM WITT cost a nickel and a gallon of regular gasoline tory; slavery and racial discrimination. was 31 cents. And the Dow Jones Industrial Edith and Sarah have spent much of their HON. C.L. ‘‘BUTCH’’ OTTER lives giving back to Jefferson County. I am Average reached a high of 969 points. OF IDAHO honored to take this occasion to recognize IN THE HOUSE OF REPRESENTATIVES We’ve come a long way since then. them for their devotion and commitment to Also in 1965 Medicare, which has provided their community. We are grateful. Tuesday, July 8, 2003 health care security for millions of Americans f Mr. OTTER. Mr. Speaker, I rise today to ac- for almost 40 years, was created. When it was DEPARTMENT OF HOMELAND SE- knowledge and praise Jim Witt of Meridian, launched, the program was designed to focus Idaho, for his steadfast commitment to safety. on a different set of needs, needs that did not CURITY APPROPRIATIONS ACT, 2004 Mr. Witt is a professional truck driver who re- include prescription drug coverage and pre- cently celebrated a remarkable career ventive care. It was designed to fit the needs SPEECH OF achievement: driving 1 million miles without a of 1965. preventable accident. That’s the equivalent of Well my friends this isn’t the mid-sixties any- HON. CHRISTOPHER SHAYS driving safely around the world 40 times. more. Just as a postage stamp is no longer a OF CONNECTICUT Fatal accidents involving large trucks occur nickel, the Medicare program which doesn’t IN THE HOUSE OF REPRESENTATIVES most frequently in rural areas like those provide a prescription drug benefit doesn’t Tuesday, June 24, 2003 throughout Idaho. On U.S. Highway 95—the work in today’s world. The House in Committee of the major north-south route through my district— My friends, times change. Whole House on the State of the Union the long and tragic history of traffic fatalities is In 2003, we must honor our commitment of had under consideration the bill (H.R. a constant reminder of the need to make high- health care to seniors by ensuring that seniors 2555) making appropriations for the De- way safety foremost among our public policy have access and when needed assistance to partment of Homeland Security for the considerations. prescription drug coverage. Additionally, H.R. fiscal year ending September 30, 2004, The U.S. Department of Transportation cites 1 allows for other modernizations by adding and for other purposes: the danger posed by trucks on our highways an entry physical, cholesterol screening and Mr. SHAYS. Mr. Chairman, I rise in support as a growing concern for citizens. Profes- offers disease management. of H.R. 2555, the FY 2004 Homeland Security sional, safety-conscious drivers like Mr. Witt I am pleased that this bill works to address Appropriations Act. provide an important public service as they the needs of our rural communities. Long The National Security Subcommittee, which navigate our corridors of commerce by helping overlooked, H.R. 1 provides a permanent fix to I chair, has examined port security and found to alleviate those concerns and setting an ex- formulas that have discriminated against the volume of containerized cargo and the ample for everyone who gets behind the health care providers in mid-Michigan and openness of our massive, complex port areas wheel. I hope my House colleagues will join other rural areas. This is a policy change that represent inviting vulnerabilities that must be me in congratulating Mr. Witt and encouraging goes to the heart of the problem and its bene- secured. others to follow his lead in helping to make Our ports are key commercial entry points, fits will be multiplied for years to come. our roads safer. serving as the gateway for 95 percent of inter- f This legislation will increase to every small national cargo. Each year, nearly 10,000 ves- urban and rural hospital, equalizing their base sels make 68,000 port calls and unload more RECOGNITION OF MAJOR GENERAL payment rates with that of large urban hos- than six million containers in the United DAVID HARRIS pitals. Additionally, H.R. 1 adds a five percent States. bonus for primary and specialty care physi- But, according to a GAO report published in HON. JOHN SHIMKUS cians working in areas where such care is August 2002, ‘‘Ports are inherently vulnerable OF ILLINOIS scarce; creating a new category of hospitals to terrorist attacks because of their size, gen- IN THE HOUSE OF REPRESENTATIVES that are the primary hospital in the community erally open accessibility by water and land, lo- Tuesday, July 8, 2003 to receive payments covering costs plus two cation in metropolitan areas, the amount of percent; allowing rural and small-town hos- material being transported through ports, and Mr. SHIMKUS. Mr. Speaker, I rise before pitals that provide graduate medical education the ready transportation links to many loca- you today to recognize Major General David to receive additional direct medical education tions within our borders.’’ Harris, The Adjutant General of the Illinois Na- and indirect teaching hospital funds by moving H.R. 2555 includes $100 million for Trans- tional Guard. Major General Harris will be re- unused residency slots to these hospitals; and portation Safety Administration port security tiring from his position after more than thirty- adding a five percent increase for all rural grants and $61.7 million for the Container Se- three years of military service. home health agencies for two years. curity Initiative, which will help DHS protect Maj. General Harris was appointed Adjutant Put simply, it is past time to modernize and what could be one of our Nation’s most vul- General in 1999. During his service as leader improve the Medicare system. H.R. 1 will be nerable access points—our ports. It is impera- of the Illinois National Guard, he oversaw its able to better serve the needs of seniors. I tive that we adequately fund efforts by the De- largest mobilization since World War II. The urge my colleagues to support the passage of partment of Homeland Security to scale-up military operations in Iraq saw more than H.R. 1. port and container security. 2,600 soldiers and airmen mobilized or alerted

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.052 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1423 for duty. Mobilizations also took place in large ida Education Foundation, and served on the distinguished himself as an intern in my Wash- numbers for Operation Enduring Freedom in Flagella County Chamber of Commerce Legis- ington office by serving the great people of the Afghanistan as well. lative Action Committee. 6th District of Missouri. Michael joined my staff New military construction projects were also In honor of his service to the United States for the 108th congress as part of the House of a major part of Harris’ tenure. Working with during the Korean War, Mr. Jones was buried Representatives intern program at the United the Illinois congressional delegation along with at Arlington National Cemetery on June 10’’. States Capitol in Washington, D.C., a program state leaders, funding was secured for new ar- Mr. Speaker, I would like to commend Allan designed to involve students in the legislative mories and for the upgrade of existing armor- Jones for all that he has achieved during his process through active participation. Through ies throughout the state. life, both for his country and for the Common- this program, Michael has had the opportunity Major General Harris began his military ca- wealth of Virginia. to observe firsthand the inner workings of na- reer in 1970. In 1971 he successfully com- f tional government and has gained valuable in- pleted Infantry Officer Candidate School at sight into the process by which laws are TRIBUTE TO THE CHILDREN’S Fort Benning, Georgia. He joined the Illinois made. Army National Guard in 1979 where he has CREATIVE FESTIVAL During his time as an intern in my office, Mi- held numerous positions. During the 1980’s he chael has successfully demonstrated his abili- served as a member of the Illinois House of HON. GARY G. MILLER ties in the performance of such duties as con- Representatives representing his home in the OF CALIFORNIA ducting research, helping with constituent northwest Chicago suburb of Arlington IN THE HOUSE OF REPRESENTATIVES services, and assuming various other respon- Heights. Tuesday, July 8, 2003 sibilities to make the office run as smoothly as I want to thank Major General Harris for his possible. Michael has earned recognition as a Mr. GARY G. MILLER of California. Mr. many years of service to his country and valuable asset to the entire U.S. House of Speaker, I rise to pay tribute to the Children’s state. He is a man of great ability, but more Representatives and my office through the ap- Creative Festival of Orange County, California importantly a man of integrity who has de- plication of his knowledge and skills acquired and support their efforts to educate and en- voted his life to protecting the citizens of his prior to his tenure as an intern and through a lighten the community. country and state. I wish him the best as he Last month, the Children’s Creative Festival variety of new skills he has acquired while enters retirement. He will be missed. wrapped up their weekend-long street painting serving the people of Missouri and our nation. f festival, Fun with Chalk. Hundreds of artists I would also like to commend his interviewing skills and his solo singing rendition of happy TRIBUTE TO MR. ALLAN R. JONES from around the world descended on to my district to transform the streets around the birthday for other staffers. Mission Viejo, California civic center into a Mr. Speaker, I proudly ask you to join me in HON. JAMES P. MORAN colorful, interactive art gallery. commending Mr. Michael Urban for his many OF VIRGINIA The art of street painting and the carnival important contributions to the U.S. House of IN THE HOUSE OF REPRESENTATIVES that follows it dates back to sixteenth century Representatives during the current session, as Tuesday, July 8, 2003 Europe when villagers decorated the cobble- well as joining with me to extend to him our stone paths surrounding their town square to very best wishes for continued success and Mr. MORAN of Virginia. Mr. Speaker, I rise happiness in all his future endeavors. today to pay tribute to a man who devoted his celebrate a harvest or other important occa- f life in service to our nation. Mr. Allan R. Jones sion. The Children’s Creative Festival con- passed away on May 7th, and I am certain he tinues this tradition as a way to educate, en- RECOGNITION OF BAYAUD will be missed by all who knew him. tertain and inspire young people, and to foster INDUSTRIES A graduate of the College of William and a small town atmosphere reminiscent of old Mary, Mr. Jones is a decorated Korean War Europe. HON. MARK UDALL veteran. Due to his service with the 45th Divi- The Children’s Creative Festival uses funds raised at this annual street painting faire to OF COLORADO sion of the United States Army during the war, IN THE HOUSE OF REPRESENTATIVES he received the Purple Heart and Silver Star help local schools with art education and other Medal. cultural activities. Last year, more than 79,000 Tuesday, July 8, 2003 Mr. Jones was not only a veteran of the children benefited from year round programs Mr. UDALL of Colorado. Mr. Speaker, I rise Army, but he was also a noted journalist for and classes sponsored by this all-volunteer or- today to recognize Bayaud Industries, a non- several newspapers. He began his career with ganization. profit corporation that enables disabled individ- the Daily Times News in Mount Pleasant, The Children’s Creative Festival was also uals to contribute to their communities by pro- Michigan. While there he served as sports edi- the key sponsor of my 2003 Congressional art viding them job training and placement. tor, reporter and photographer. He also competition, which awarded scholarships to Since 1969 Bayaud Industries has provided worked at the Richmond Times-Dispatch as a five young artists. job training and placement to thousands of in- Dr. Frank Lieberman and his wife, Elaine, reporter who covered Henrico and Chesterfield dividuals with mental, emotional, and physical founded the Children’s Creative Festival five counties. As a reporter he covered several im- disabilities. Even after placement, Bayaud In- years ago to inspire creativity, teach art appre- portant stories involving state politics and dustries continues its support, making sure ciation and provide supplemental funding for school desegregation. that each of their clients has a case worker quality visual and performing arts experiences After working as a journalist, Mr. Jones they can turn to even after they start their first for school children, thus developing creative started a new career on Capitol Hill as a re- job. Bayuad’s mission is simple—to provide and imaginative adults. I believe they have searcher for the Senate Commerce Sub- hope, opportunity, and choice by using em- achieved their stated goals and wish them and committee on Oceanography and Merchant ployment as a means through which people their organization continued success in future Marine. After his time with the committee, he with disabilities can participate in mainstream endeavors. served as a legislative assistant with Senator life. William Spong. During his tenure with Senator f Many working individuals find satisfaction in Spong, Mr. Jones and a colleague earned a RECOGNIZING MICHAEL URBAN their jobs because they feel they have the op- national award from the National Association portunity to do something useful everyday. of Independent Insurers for research they did HON. SAM GRAVES Groups of disabled Americans and advocates on auto insurance in Virginia. for individuals with disabilities have told me OF MISSOURI In 1973, he joined the American Trucking that employment can provide a sense of worth IN THE HOUSE OF REPRESENTATIVES Association Legislative Affairs department. and accomplishment that many people with Through his efforts, he helped push legislation Tuesday, July 8, 2003 disabilities live without. In addition, they say which created the commercial drivers’ license, Mr. GRAVES. Mr. Speaker, I proudly pause that disabilities can keep people isolated from and helped craft the landmark Intermodal Sur- to recognize Mr. Michael Urban, a very special their communities, creating a sense of loneli- face Transportation Act of 1991. young man who has exemplified the finest ness and dulling social skills. Employment can Retiring after twenty years with the ATA, Mr. qualities of citizenship and leadership by tak- take individuals with disabilities off of the side- Jones moved to Florida and became imme- ing an active part in national government. lines, provide them an opportunity to be in- diately involved with his community. He served Michael is a junior political science major at volved in daily life, and a chance to interact as Vice President of the Flagella County, Flor- the University of Missouri-Columbia and has with members of the community.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.056 E08PT1 E1424 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 Unfortunately, according to the Mental parties in the nation, as well as leaders from I encourage my colleagues to read the at- Health Association the unemployment rate for religious and women’s organizations, have tached letter, look at the Partnership For Pre- individuals with disabilities is approximately 75 been meeting in Ghana to draw up a peace vention report and consider their rec- percent, and for those with psychiatric disabil- plan and establish a transitional government ommendations in our further efforts to mod- ities it is at almost 80 percent. Some of these expected to run the country for 18 to 24 ernize Medicare. statistics can be attributed to those individuals months before new elections can be held. THE FORMER SECRETARIES OF with such severe disabilities that they are un- The Economic Community of West African HEALTH AND HUMAN SERVICES AND able to work, however much of that percent- States (ECOWAS) Britain and France have HEALTH EDUCATION AND WELFARE age is made up of individuals with disabilities asked the United States to lead, at least ini- JUNE 25, 2003. who have never had the training or help they tially—a peace-keeping operation designed to Hon. JIM RAMSTAD, U.S. Representative, House of Representatives, need to find the jobs they can do. separate and disarm the warring factions and establish an environment where a transitional Washington, DC 20515. The need for a company like Bayaud Indus- DEAR MR. RAMSTAD, as former Secretaries tries is clear. Bayaud provides an invaluable government can take control of the country. of Health and Human Services (or Health, link between individuals with disabilities and ECOWAS has pledged 3,000 troops for an Education and Welfare), we write to encour- employment. By being that link they are intervention force and is asking the United age you to include disease prevention in dis- changing lives on a daily basis. They make a States to pledge 2,000 troops in this effort. cussions about Medicare modernization. Mr. Speaker, I urge you, and my colleagues Congress created Medicare In 1965 based on difference every day by opening doors for the knowledge of health and medicine at members of America’s disabled community support the Liberian people’s struggle to return their country to sane and just rule. Liberia has that time. Thus, Medicare came into being that many of them never knew existed before. as a national insurance system to cover hos- been a friend and a supporter of the United f pitalization and visits to clinicians’ offices States. It was an ally during the Cold War and for diagnoses and treatment. CITIZENS OF LIBERIA a facilitator of covert operations against Col. In the nearly four decades since Medicare’s Mu’ammar al-Qadhafi during the 1980s. It creation, considerable research and practice HON. BOBBY L. RUSH would be a betrayal of that long-held trust to have yielded proven ways to not just diag- turn our backs on the people of Liberia who nose and treat disease, but to prevent it and OF ILLINOIS promote longer, healthier life. Today we IN THE HOUSE OF REPRESENTATIVES have supported us in the past. know that postponing disability, maintain- Liberia’s natural resources are plentiful. The Tuesday, July 8, 2003 ing social function, and sustaining independ- country has iron ore, rubber, timber, dia- ence are achievable for seniors through evi- Mr. RUSH. Mr. Speaker, tonight, while the monds, gold and tin. In addition, in recent dence-based health promotion and disease President of the United States is visiting Sen- years that it has discovered sizable deposits prevention services. It is nearly always pref- egal and other countries in Africa, ’I rise to ad- of crude oil along its Atlantic Coast, and it erable, both for the individual and for soci- dress the House to express my concern for continues to make strides in the agriculture ety, to prevent disease instead of waiting to sector. We need to work with the local com- treat it. the citizens of Liberia. Liberia is an African na- Congress has added selected preventive tion that was founded in 1820 by freed Black munities and provide assistance in the areas services to Medicare but has not included slave men and women from the United States. of development, policing, healthcare. other services that are proven effective, nor The nation, considered to be the only U.S. col- Mr. Speaker, Liberia has the potential of re- has it encouraged Medicare to take a com- ony in Africa, was founded with a grant of establishing a strong democratic model of lib- prehensive approach to disease prevention $100,000. Its capital, Monrovia, is named after eration and justice for the continent. We must and health promotion for America’s seniors. the United States fifth president, James Mon- do whatever we can to assist the Liberians— A recent Harris Poll found that nine in ten these proud people of liberty—rebuild their American adults want Medicare to be mod- roe. By 1847, thousands of freed slaves had ernized and to put as much emphasis on dis- immigrated to Liberia from the United States. beautiful country. ease prevention as it does on disease treat- They declared independence and the com- f ment. monwealth of Liberia became the Republic of The roadmap for this Medicare moderniza- DISEASE PREVENTION IN tion is laid out in a new Partnership for Pre- Liberia. MEDICARE Liberia’s recently-deposed president, vention (Partnership) report, A Better Medi- care for Healthier Seniors: Recommenda- Charles Taylor, seized power in 1997 after tions to Modernize Medicare’s Prevention leading a seven year insurrection, which HON. JIM RAMSTAD OF MINNESOTA Policies, which you already have received. claimed the lives of thousands of Liberian Afri- These recommendations would move the U.S. IN THE HOUSE OF REPRESENTATIVES cans against his predecessor, Samuel Doe. toward realization of our nation’s two over- Taylor, an accused embezzler and prote´ge´e of Tuesday, July 8, 2003 arching national health goals: Increasing life Libyan dictator, Col. Mu’ammar al-Qadhafi, Mr. RAMSTAD. Mr. Speaker, I rise today to expectancy and improving quality of life, spread terror throughout Sierra Leone, Ivory submit into the Record a letter I have received and reducing disparities in health among dif- Coast and Guinea. Taylor’s human rights ferent segments of the population. from seven former Secretaries of the Depart- Respectfully yours, abuses include the use of child soldiers and ment of Health and Human Services and its JOSEPH A. CALAFANO, JR. funding terrorist organizations with money predecessor, the Department of Health, Edu- RICHARD S. SCHWEIKER. from blood diamond mines. cation and Welfare. The letter, sent to many MARGARET M. HECKLER. On June 4, 2003, the United Nations sup- Members of Congress, and especially to the DAVID MATHEWS, MD. ported an indictment of President Taylor by a leadership of both bodies, requests that during LOUIS W. SULLIVAN, MD. Special Court in Sierra Leone, at the same our work on Medicare modernization we not DONNA E. SHALALA, PHD. time a group of West African Presidents were forget about the benefits of disease preven- OTIS R. BOWEN, MD. meeting with Taylor and others in Ghana to tion. f discuss efforts to negotiate a peace agree- The letter specifically references a report by TRIBUTE TO RODNEY C. LESTER, ment. Partnership For Prevention, ‘‘A Better Medi- PhD, CNRA During the negotiations, President Taylor care for Healthier Seniors: Recommendations [said he would step aside if it would bring to Modernize Medicare’s Prevention Policies,’’ HON. JOHN ABNEY CULBERSON peace to his war torn country]. On Sunday, which states that Medicare should increase its OF TEXAS July 6, 2003, President Olusegun Obasanjo of emphasis on keeping seniors healthy, not just IN THE HOUSE OF REPRESENTATIVES Nigeria announced that Taylor agreed to leave treating them when they become sick, as a Liberia under certain conditions and with cer- roadmap for a modernizing Medicare’s preven- Tuesday, July 8, 2003 tain guarantees. President Obasanjo stated tion practices. Mr. CULBERSON. Mr. Speaker, I pay trib- that what was happening in Liberia could hap- The Partnership For Prevention (PFP) is a ute today to an outstanding representative pen anywhere in Africa. Liberia, he said, need- highly respected non-profit partnership of pub- from the State of Texas, Rodney C. Lester, ed relief from dictatorship so that the entire relic and private sector organizations committed PhD, CRNA. Dr. Lester will soon complete his gion wouldn’t be affected by the errant regime to finding solutions to health issues in a non- year as national president of the American As- in that nation. partisan and rigorously scientific manner. The sociation of Nurse Anesthetists (AANA). I am Mr. Speaker, thus far, there has not been a report and other recommendations can be very pleased that one of Texas’s own was successor named to govern Liberia. The lead- viewed and downloaded at the PFP Web site, tapped as the 2002–2003 president of this ers from the 16 Liberian opposition political http://www.prevent.org. prestigious national organization.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.060 E08PT1 July 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1425 Founded in 1931, the AANA is the profes- dinary courage and valor during her 21-day or- to transformation school children and par- sional organization that represents more than deal, and outstanding dignity since her re- ents. These improvements for they city’s 30,000 practicing Certified Registered Nurse lease. low-income children cannot be expected to She was honored on Capitol Hill on June continue if these services are withdrawn, as Anesthetists (CRNAs). CRNAs administer cuts now are forcing, she said. more than 65 percent of the anesthetics given 12, 2003, at an event hosted by the Congres- A total of $3 million in FY ’04 would fund to patients each year in the United States. sional Black Caucus. Specialist Johnson de- public charter schools in recognition of They provide anesthesia for all types of sur- scribed her experience as ‘‘just doing her job,’’ heightened demand, long waiting lists, and gical cases and are the sole anesthesia pro- and asked for prayers for those still fighting in unavailability of funds for facilities to meet vider in two-thirds of all rural hospitals, pro- Iraq. She also remembered fellow POW Pri- a demand the city has shown it cannot meet. viding these medical facilities with obstetrical, vate First Class Jessica Lynch, a member of Norton said that a particularly large number of schools had applied for charter school sta- surgical, and trauma stabilization capabilities. her unit who was also captured and released. tus for the coming school year and that the They work in every setting in which anesthesia The humility of her remarks reflected the hero $3 million was important to expand the di- is delivered including hospital surgical suites, that she is. rect loan fund to assure that start-up charter obstetrical delivery rooms, ambulatory surgical H. Con. Res. 210 honors Specialist schools would have the necessary head start centers, and the offices of dentists, podiatrists, Shoshana Johnson for her sacrifice and for to lease facilities in D.C.’s costly rental mar- and plastic surgeons. representing the highest ideals of service in ket. In the remaining four years of the Nor- Dr. Lester received his PhD in health edu- the United States Armed Forces. To cospon- ton bill, allocation of funds between charter sor this Resolution, please call Jean Mathis of and transformation schools would be done by cation from Texas A&M University in College the City Council after hearings based on the Station, Texas; his master’s of science in my staff on extension 54365. demonstrated needs and gaps in both. nursing from the University of Tennessee, f The Congresswoman said that sporadic and Memphis, Tennessee; and his master’s in ad hoc funding for charter schools from Con- NORTON FILES BILL TO AUTHOR- business administration from Drury College gress demonstrate the necessity for a spe- IZE ANNUAL FUNDING FOR Breech School of Business, Springfield, Mis- cific authorization. Last year, the House did TRANSFORMATION SCHOOLS AND souri. He is currently the Nurse Anesthesia Di- not fund charter schools at all, but working CHARTER SCHOOLS with the Senate, Norton got $17 million for vision director and associate professor of clin- charters to help ease facilities pressures. ical nursing at the University of Texas Health ‘‘This was done without slogans about fund- Science Center-Houston, School of Nursing. HON. ELEANOR HOLMES NORTON ing multiple sectors,’’ she said, ‘‘and funds He also serves as a member on the Admis- OF THE DISTRICT OF COLUMBIA may come on an episodic basis again. How- sions, Progression and Graduation Committee IN THE HOUSE OF REPRESENTATIVES ever, no one should mistake any funds we at the school. Previously, he was the director Tuesday, July 8, 2003 may get without an authorization this year or in the future, for the authorized amount for the University of Texas MD Anderson Can- Ms. NORTON. Mr. Speaker, I submit the fol- cer Center, Department of Anesthesiology and for vouchers that is designed to guarantee an lowing for the RECORD: annual appropriation. Only a comparable au- Critical Care in Houston, Texas. Congresswoman Eleanor Holmes Norton thorization can do for charter schools and Dr. Lester has served terms as president (D–DC) today introduced the Model Alter- transformation schools what H.R. 2556 does and vice president for the Texas Association native Publicly Accountable Schools Act of in authorizing a specific amount for private of Nurse Anesthetists. Adding to his profes- 2003 to allow the District to use its unique school vouchers.’’ sional accomplishments, Dr. Lester has be- experience in establishing an unusual num- Norton said that the voucher intervention come nationally recognized in both publishing ber and variety of successful publicly ac- by federal authorities ‘‘has been a distrac- and speaking on anesthesia-related topics countable alternatives to its traditional pub- tion from the expressed desires and needs of lic schools in an effort to encourage other over the years. the majority of the city’s parents and chil- school districts to do the same and to pro- dren and has done a disservice to the Dis- In addition to his service to the AANA, Dr. vide additional funding to allow the city to trict’s leadership role in carrying out two Lester served his country in the United States continue these efforts, which are now threat- congressional statutes’’—the charter school Army as an officer and certified registered ened by cuts and a shortage of funds. Norton provision of the Improving America’s nurse anesthetist. He recently retired from the said that nationally, the Congress has been Schools Act of 1994, which Funded charter Army after 5 years active duty and 24 years unwilling to fund private school vouchers schools nationally, and Section 1115 of the as a reservist. and has had very limited success in getting No Child Left Behind Act, which encourages Mr. Speaker, I ask my colleagues to join me school districts to establish public alter- schools such as D.C.’s transformation natives such as charter schools. (For exam- today in recognizing Dr. Rodney Lester, PhD, schools. Norton is also one of the authors of ple, Virginia has eight charters and Mary- the District of Columbia School Reform Act CRNA, for his notable career and outstanding land has one, while the District has 42). Lo- of 1995. written on a home rule basis with achievements. cally, she said that H.R. 2556—the D.C. Pa- D.C. officials and residents. f rental Choice Incentive Act of 2003—would Norton said that her bill is also necessary authorize private school vouchers but with- because the President’s visit last week shows H. CON. RES. 210 HONORING SPE- out her bill there would be no bill author- that his administration intends no extra CIALIST SHOSHANA JOHNSON izing funds for the city’s transformation and funds for charter schools, because he spoke FORMER IRAQ POW charter schools that would treat these par- only of funds that are available to all char- ents and children equally, as even voucher ter schools nationally, despite demand here advocates say is necessary. In addition, Nor- that far outstrips the available funds and de- HON. CHARLES B. RANGEL ton said, in a year when both D.C. and the spite D.C.’s record of establishing charter OF NEW YORK federal government have cut school funding, schools in particularly significant numbers, IN THE HOUSE OF REPRESENTATIVES her bill providing funds for publicly account- as Congress intended. She said without ex- Tuesday, July 8, 2003 able schools would free up scarce D.C. funds plicit authorization, charter and trans- for use in traditional public schools. The formation schools would be left to the mercy Mr. RANGEL. Mr. Speaker, I am announc- D.C. Public Schools last week cut 422 posi- of appropriation committees, which are free ing the introduction of H. Con. Res. 210 hon- tions to help meet a $40.4 million shortfall, to fund whatever programs they desire while oring Army Spc. Shoshana Nyree Johnson, including $6.5 million in funds for textbooks. vouchers would be authorized for finds on an former POW in Iraq, and the first African- However, the voucher bill will result in a annual basis. American woman POW. minimum loss of $25,114,000 if 2,000 students f exit the public schools altogether next year Specialist Johnson was deployed to the Per- because D.C. and federal law require that AFRICA sian Gulf region as a member of the Army’s schools be funded on a per pupil basis. 507th Maintenance Company. On March 23, The Norton bill would authorize a total of HON. DIANE E. WATSON 2003, Iraqi Troops ambushed her unit in $15 million for the first of five years of fund- OF CALIFORNIA Nsiriyah, Iraq, and Specialist Johnson and five ing. In the FY 04 budget, $12 million would IN THE HOUSE OF REPRESENTATIVES other members of her unit were captured and fund and expand transformation schools held as prisoners of war. Specialist Johnson, based on a congressional finding that the Tuesday, July 8, 2003 District has significantly improved the per- four other members of her unit, and two heli- formance of its poorest and lowest per- Ms. WATSON. Mr. Speaker, I want to thank copter pilots were rescued by United States forming children in transformation schools. ELIJAH CUMMINGS, Chairman of the Congres- Marines on April 13, 2003. She said that the improvements in test sional Black Caucus, for once again holding Specialist Johnson, who suffered gunshot scores and parental involvement were di- this very timely and important discussion on wounds in both ankles, displayed extraor- rectly related to extra services provided only Africa.

VerDate Jan 31 2003 05:50 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.064 E08PT1 E1426 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2003 For the next week Africa will be page one alone is the fifth largest supplier of oil to the and goals before any U.S. troops are put on news due to the President’s trip to the con- U.S. Despite appearances, Africa is more the ground. tinent. Then, once again, news on Africa will peaceful today than in the 1980s and 1990s. most likely recede to the back pages of our Democracy is also taking root in many parts of f major newspapers and disappear. However, Africa. what many Americans don’t realize is the in- But Africa needs increased resources to RECOGNIZING CHARLES REESE, creasing importance of Africa to the world and deal with the multitude of problems. U.S. as- DISTRICT GOVERNOR OF DIS- the United States. sistance to Africa has been stagnant for many TRICT 5670 OF ROTARY INTER- Americans now import more than one quar- years, and real development assistance to the NATIONAL ter of their oil from the African continent. In the continent is less than $500 million. Although coming years, due to new major oil discov- total U.S. assistance to Africa may total about HON. JERRY MORAN eries in the Gulf of Guinea off the west coast $2 billion, a large chunk of this is for humani- OF KANSAS of Africa the percentage of African oil Ameri- tarian and health related programs. Many pro- IN THE HOUSE OF REPRESENTATIVES cans consume will most likely rise. It will rise grams—including in the areas of agriculture, Tuesday, July 8, 2003 because there are quantities of untapped oil democracy, conflict resolution, trade and in- reserves on the continent, and it will rise be- vestment—have suffered from significant cut- Mr. MORAN of Kansas. Mr. Speaker, I rise cause the U.S. realizes that oil from the Mid- backs. In short, Africa needs increased assist- today to recognize a Kansan devoted to his dle East can easily fall prey to the vagaries of ance if it is truly to be brought into the main- community and to the State of Kansas. Mr. war and politics. stream world economy. Charles Reese, a Rotarian since 1975, will be Africa is so important to us, in part, because The Congressional Black Caucus has been installed as the District Governor of District it is a continent rich in natural resources. Cop- a staunch advocate and played a pivotal role 5670 of Rotary International on Friday, July per, diamonds, gold, and wood are all in abun- in strengthening the cultural, political and eco- 11. dance throughout the continent. The Congo nomic ties between Africa and the United I am personally proud of Mr. Reese, who re- River itself has enough potential hydroelectric States. I am therefore concerned, but not sur- sides in my hometown of Hays, Kansas. Dis- power to supply the electrical needs of the prised, that President Bush did not seek out trict 5670 encompasses Hays and all of north- whole continent. And the continent still has the guidance and assistance of the CBC be- west Kansas. As District Governor, Mr. Reese abundant rain forests, which have been de- fore making his sojourn to Africa. This is not will lead 31 Rotary clubs with 1200 members scribed as the lungs of the world. in a 38-county region. We as legislators can no longer afford to ig- surprising because, as our chairman recently Reese’s dedication to his community is well nore Africa or view it solely through the lens noted, ‘‘The President has declined all of our known. Mr. Reese served the Hays community of disaster and peril. Yes, we cannot deny that offers to meet with him since our last discus- as a board member of the Kansas Chamber of there are serious health problems in Africa sion of January 31, 2001.’’ Commerce and Industry and as chairman of with HIV/AIDS and malaria leading the list. In closing, I want to make a few remarks on the board of the Kansas PRIDE program. Last There is crushing poverty throughout the con- the President’s proposal to send in U.S. tinent. Africans living on less than a dollar a peacekeepers to Liberia. First, I recognize the year, Charles retired as Vice President of Cor- day now number over 315 million, according longstanding historical ties between the U.S. porate Relations for Midwest Energy, an elec- to a recent World Bank survey. Serious con- and Liberia. I don’t believe it will be as difficult tric and natural gas utility based in Hays. flicts in the Congo—where not thousands but to win the hearts and minds of Liberians who Mr. Reese’s commitment to community millions have perished—and West Africa still are predisposed to look upon the U.S. with service is an example of tremendous leader- plague the continent and put a serious drag favor. I generally support the concept of a ship. He served as President of the Heartland on the development of human resources and peacekeeping mission to Liberia. However, I of Development Corporation and is currently capital. believe that a U.S.—led peacekeeping mission serving as interim director of the Ellis County We cannot afford to ignore Africa because should be placed under the auspices of the Coalition for Economic Development. Mr. people are beginning to realize that failed United Nations. The United States by itself Reese and his wife, Louise, have also traveled states and crushing poverty are fertile breed- cannot be the policeman of the world, and our to Panama with the Rotary District HungerPlus ing grounds for terrorist and criminal groups. forces are already spread thin by our other service teams. For his volunteer work in eco- We cannot afford to ignore Africa because the significant commitments around the world. Any nomic development, Charles received the world is smaller and more interconnected. U.S. actions in Liberia will have greater credi- 2002 Volunteer of the Year award from the From the war on terrorism to the supply of bility if they have the seal of approval of an Kansas Economic Development Association. crucial resources, from the campaign against international body. Not least of all, Charles and Louise are the threatening diseases to the opportunities for We must also think through very carefully proud parents of three grown daughters and economic trade and investment, Africa is a our commitment to place U.S. forces in Libe- grandparents of three grandsons. The family key global player. We cannot afford to ignore ria. We must have a mission that is clearly de- will celebrate Charles’ formal installation as Africa because we now ignore it at our own fined, and we must have an exit plan that is District Governor at a banquet Friday evening, peril. articulated and understood by the American July 11, in Hays. Africa matters in many ways. Not all the public. I also believe that any plan to introduce Charles Reese is a role model for service to news coming out of Africa is gloomy. Trade U.S. forces in Liberia should be subjected to others. His devotion to his community, and to and investments with Africa are growing. U.S. serious congressional oversight and approval. Rotary International, reflects his strong char- exports totaled over $5.8 billion last year, The Devil is in the details. The administra- acter and sense of duty to community, state, while U.S. imports were $18 billion. Nigeria tion must first clearly articulate its methods and nation.

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HIGHLIGHTS The House passed H.R. 2658, Department of Defense Appropriations Act for Fiscal Year 2004. Senate Nominations Confirmed: Senate confirmed the fol- Chamber Action lowing nominations: Routine Proceedings, pages S9001–S9059 By unanimous vote of 92 yeas (Vote No. EX. Measures Introduced: Nine bills were introduced, 263), David G. Campbell, of Arizona, to be United as follows: S. 1370–1378. Page S9049 States District Judge for the District of Arizona. Page S9059 Patients First Act: Senate continued consideration of the motion to proceed to consideration of S. 11, Nominations Received: Senate received the fol- to protect patients’ access to quality and affordable lowing nominations: health care by reducing the effects of excessive liabil- Daniel J. Bryant, of Virginia, to be an Assistant Attorney General. ity costs. Pages S9001–09, S9010–43 1 Army nomination in the rank of general. Senate will continue consideration of the motion 1 Navy nomination in the rank of admiral. to proceed to consideration of the bill on Wednes- Routine lists in the Air Force. Page S9059 day, July 9, 2003, with a vote on the motion to close further debate on the motion to proceed to Executive Communications: Pages S9048–49 consideration of the bill to occur at 11:30 a.m. Additional Cosponsors: Pages S9049–50 Page S9059 Statements on Introduced Bills/Resolutions: Medical Malpractice/Nominations/State Depart- Pages S9050–58 ment Authorization—Agreements: A unanimous- Additional Statements: Pages S9043–48 consent agreement was reached providing that at Amendments Submitted: Page S9058 9:30 a.m. on Wednesday, July 9, 2003, Senate continue consideration of the motion to proceed to the Notices of Hearings/Meetings: Page S9058 consideration of S. 11, Patients First Act, and that Authority for Committees to Meet: Pages S9058–59 the time until 11:30 a.m., be equally divided be- Record Votes: One record vote was taken today. tween the Majority Leader and the Democratic Lead- (Total—263) Page S9010 er or their designees; that at 11:30 a.m., Senate vote on the motion to close further debate on the motion Adjournment: Senate met at 9:30 a.m., and ad- to proceed to consideration of S. 11; that following journed at 7:57 p.m., until 9:30 a.m., on Wednes- that vote, Senate vote on confirmation of the nomi- day, July 9, 2003. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s nation of Victor J. Wolski, of Virginia, to be a Record on page S9059.) Judge of the United States Court of Federal Claims; that the Senate then proceed en bloc to the nominations of Mary Ellen Coster Williams, of Maryland, Committee Meetings Susan G. Braden, of the District of Columbia, and Charles F. Lettow, of Virginia, each to be a Judge (Committees not listed did not meet) of the United States Court of Federal Claims, and APPROPRIATIONS: DEFENSE the nominations then be confirmed; further, Senate will then proceed to consideration of S. 925, State Committee on Appropriations: Subcommittee on Defense approved for full Committee consideration an origi- Department Authorization Bill. Page S9009 nal bill making appropriations for the Department of D769

VerDate Jan 31 2003 05:53 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY3.REC D08JY3 D770 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 2003 Defense for the fiscal year ending September 30, Washington, D.C.; and Curtis E. Cornelssen, 2004. PricewaterhouseCoopers LLP, Boston, Massachusetts. LIBERIA CLIMATE CHANGE: AGRICULTURAL Committee on Armed Services: Committee met in closed SEQUESTRATION session to receive a briefing on the situation in Afri- Committee on Environment and Public Works: Sub- ca, with a focus on Liberia, from Vice Admiral Low- committee on Clean Air, Climate Change, and Nu- ell E. Jacoby, USN, Director, Defense Intelligence clear Safety concluded hearings to examine the po- Agency; Major General Stanley A. McChrystal, USA, tential of agricultural sequestration to address cli- Vice Director, Operations Directorate, J–3, The mate change through affecting atmospheric levels of Joint Staff; and Theresa Whelan, Deputy Assistant carbon dioxide, after receiving testimony from Bruce Secretary of Defense for African Affairs. I. Knight, Chief, Natural Resources Conservation NOMINATIONS: Service, Department of Agriculture; Cynthia Committee on Commerce, Science, and Transportation: Rosenzweig, Research Scientist, Goddard Institute Committee concluded hearings to examine the nomi- for Space Studies (Columbia University, New York, nations of Nicole R. Nason, of Virginia, to be As- New York), National Aeronautics and Space Admin- sistant Secretary of Transportation for Governmental istration; Bob Stallman, Columbus, Texas, on behalf Affairs, and Pamela Jones Harbour, of New York, to of the American Farm Bureau Federation; Rattan be a Federal Trade Commissioner, after each nominee Lal, Ohio State University Carbon Management and testified and answered questions in their own behalf. Sequestration Center, Columbus; Joseph L. Bast, Heartland Institute, Chicago, Illinois; and Debbie A. RADIO OWNERSHIP Reed, National Environmental Trust, Washington, Committee on Commerce, Science, and Transportation: D.C. Committee concluded hearings to examine radio U.S. TAX POLICY ownership, focusing on the impact of industry consolidation, and Federal Communications Commis- Committee on Finance: Committee concluded hearings sion’s new radio market definition, after receiving to examine U.S. tax policy and its effects on the do- testimony from Representative Menendez; Lewis W. mestic and international competitiveness of U.S.- Dickey, Jr., Cumulus Media Inc., Atlanta, Georgia; based operations, after receiving testimony from Jon Mandel, MediaCom, Grey Global Group, Inc., Robert Hall, Stanford University Hoover Institution, New York, New York; Simon Renshaw, The Firm, Stanford, California; William C. Barrett, Applied Beverly Hills, California, on behalf of the Recording Materials, Inc., Santa Clara, California; James G. Artists’ Coalition; and Alex Kolobieski, First Media Berges, Emerson, St. Louis, Missouri; Mark Russell, Radio, Easton, Maryland. Electrolux North America, Cleveland, Ohio; Alex- ander Spitzer, Nestle USA, Norwalk, Connecticut; NATIONAL PARK SYSTEM and Kathryn Kobe, Joel Popkin and Company, and Committee on Energy and Natural Resources: Sub- Thea M. Lea, AFL–CIO, both of Washington, D.C. committee on National Parks concluded oversight Hearings recessed subject to the call. hearings on the maintenance backlog within the national park system, including the impact of new NOMINATIONS park unit designations, land acquisitions, and per- Committee on the Judiciary: Committee concluded sonnel vacancies, after receiving testimony from hearings to examine the nominations of Michael J. Donald Murphy, Deputy Director, National Park Garcia, of New York, to be Assistant Secretary of Service, Department of the Interior; Barry T. Hill, Homeland Security, and Jack Landman Goldsmith Director, Natural Resources and Environment, Gen- III, of Virginia, to be Assistant Attorney General, eral Accounting Office; Eric Dillinger, Carter and Office of Legal Counsel, Department of Justice, who Burgess, Inc., Fort Worth, Texas; Thomas C. was introduced by Senator Allen, after the nominees Kiernan, National Parks Conservation Association, testified and answered questions in their own behalf.

VerDate Jan 31 2003 05:53 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY3.REC D08JY3 July 8, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D771 House of Representatives the nationwide dedicated fiber optic network pro- Chamber Action gram, $14 million to the Marine Corps for the AN/ Measures Introduced: 11 public bills, H.R. PRC–148 tactical handheld radio and combat cas- 2660–2670; and; 5 resolutions, H.J. Res. 63; H. ualty care equipment, $5 million to Air Force Re- Con. Res. 240–241, and H. Res. 308, 313 were in- search, Development, Test and Evaluation for low troduced. Pages H6347–48 emission/efficient hybrid aviation refueling truck Additional Cosponsors: Pages H6348–49 propulsion, and $5 million to Defense Wide Re- search, Development, Test and Evaluation for the de- Reports Filed: Reports were filed as follows: velopment of novel pharmaceuticals for anthrax. H.R. 2122, to enhance research, development, Page H6298 procurement, and use of biomedical countermeasures Rejected: to respond to public health threats affecting national Hostettler amendment that sought to prohibit security, amended (H. Rept. 108–147, Pt. 3); funding related to the 2005 round of base closures H.R. 2660, making appropriations for the Depart- and realignments under the Defense Base Closure ments of Labor, Health and Human Services, and and Realignment Act (rejected by recorded vote of Education, and related agencies for the fiscal year 57 ayes to 358 noes, Roll No. 334). ending September 30, 2004 (H. Rept. 108–188); Pages H6302–03, H6318–19 H. Res. 309, providing for consideration of H.R. Withdrawn: 438, to increase the amount of student loans that Blumenauer amendment was offered but subse- may be forgiven for teachers in mathematics, science, quently withdrawn that sought to increase funding and special education (H. Rept. 108–189); for the unexploded ordinance cleanup program; H. Res. 310, providing for consideration of H.R. Pages H6298–99 2211, to reauthorize title II of the Higher Education De Fazio amendment was offered but subsequently Act of 1965 (H. Rept. 108–190); withdrawn that sought to increase funding for the H. Res. 311, providing for consideration of H.R. National Guard Weapons of Mass Destruction Civil 2657, making appropriations for the Legislative Support Teams; Pages H6299–6300 Branch for the fiscal year ending September 30, Acevedo-Vila amendment was offered but subse- 2004, and for other purposes (H. Rept. 108–191); quently withdrawn that sought to strike section and 8125 relating to the closure of Naval Station Roo- H. Res. 312, providing for consideration of H.R. sevelt Roads, Puerto Rico; and Pages H6300–01 2660, making appropriations for the Departments of Bordallo amendment was offered but subsequently Labor, Health and Human Services, and Education, withdrawn that sought to prohibit the use of any and related agencies for the fiscal year ending Sep- funding to overhaul, repair, or maintain naval vessels tember 30, 2004, and for other purposes. (H. Rept. in shipyards outside the United States or Guam; and Page H6347 108–192). Pages H6301–02 Speaker Pro Tempore: Read a letter from the Inslee amendment was offered but subsequently Speaker wherein he appointed Representative withdrawn that sought to prohibit the use of any Gilchrest to act as Speaker Pro Tempore for today. funding to alter the existing civilian personnel sys- Page H6273 tem. Page H6302 Recess: The House recessed at 10:55 a.m. and re- The bill was considered pursuant to the unani- convened at 12 noon. Page H6276 mous consent order of the House of June 26. Page H6318 Department of Defense Appropriations Act for Fiscal Year 2004: The House passed H.R. 2658, Suspensions: The House agreed to suspend the rules making appropriations for the Department of De- and pass the following measures: fense for the fiscal year ending September 30, 2004 Prescription Drug Benefits for Retirees Under by yea-and-nay vote of 399 yeas to 19 nays, Roll the FEHB: H.R. 2631, to provide that the actuarial No. 335. Pages H6276–6302, H6318–20 value of the prescription drug benefits offered to Agreed To: Medicare eligible enrollees by a plan under the Fed- Lewis of California amendment that decreases eral employees health benefits program shall be at Navy Operation and Maintenance funding by $96 least equal to the actuarial value of the prescription million to reduce excess funded carryover and appro- drug benefits offered by such plan to its enrollees priates $5 million to the Army National Guard for generally; Pages H6303–09

VerDate Jan 31 2003 05:53 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY3.REC D08JY3 D772 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 2003 Garner E. Shriver Post Office, Wichita, Kansas: frey Holmstead, Assistant Administrator, Air and H.R. 1761, to designate the facility of the United Radiation, EPA. States Postal Service located at 9350 East Corporate Hill Drive in Wichita, Kansas, as the ‘‘Garner E. RURAL HOUSING IN AMERICA Shriver Post Office Building’’ (agreed to by yea-and- Committee on Financial Services:, Subcommittee on nay vote of 415 ayes with none voting ‘‘nay’’, Roll Housing and Community Opportunity continued No. 336); and Pages H6309–10, H6320 hearings entitled ‘‘Rural Housing in America.’’ Tes- Francisco A. Martinez Flores Post Office, timony was heard from Thomas C. Dorr, Under Sec- Duarte, California: H.R. 2396, to designate the fa- retary, Rural Development, USDA. cility of the United States Postal Service located at 1210 Highland Avenue in Duarte, California, as the FEDERAL ELECTRONIC RECORDS ‘‘Francisco A. Martinez Flores Post Office’’. MANAGEMENT Pages H6310–12 Committee on Government Reform: Subcommittee on Recess: The House recessed at 2:14 p.m. and recon- Technology, Information Policy, Intergovernmental vened at 4:10 p.m. Page H6312 Relations and the Census held a hearing entitled Recess: The House recessed at 4:11 p.m. and recon- ‘‘Federal Electronic Records Management: What is vened at 6:34 p.m. Page H6312 the Plan? What is our Progress?’’ Testimony was heard from the following officials of the National Senate Messages: Message received from the Senate Archives and Records Administration: John W. Car- appears on page H6273. lin, Archivist; and L. Reynolds Cahoon, Chief Infor- Amendments: Amendments ordered printed pursu- mation Officer; Harriet Riofrio, eRecords Manage- ant to the rule appear on pages H6349–50. ment Policy and Program Lead, Department of De- Quorum Calls—Votes: Two yea-and-nay votes and fense; Linda Koontz, Director, Information Manage- one recorded vote developed during the proceedings ment Issues, GAO; and public witnesses. of the House today and appear on pages H6318–19, H6319–20, and H6320. There were no quorum UNBORN VICTIMS OF VIOLENCE ACT calls. Committee on the Judiciary: Subcommittee on the Con- Adjournment: The House met at 10:30 a.m. and stitution held a hearing on H.R. 1997, Unborn Vic- adjourned at 11:09 p.m. tims of Violence Act of 2003 or Laci and Conner’s Law. Testimony was heard from public witnesses.

Committee Meetings REDUCTION IN DISTRIBUTION OF SPAM ENERGY AND WATER DEVELOPMENT ACT APPROPRIATIONS Committee on the Judiciary: Subcommittee on Crime, Committee on Appropriations: Subcommittee on Energy Terrorism, and Homeland Security, hearing on H.R. and Water Development approved for full Com- 2214, Reduction in Distribution of Spam Act of mittee action the Energy and Water Development 2003. Testimony was heard from Will Moschella, appropriations for fiscal year 2004. Assistant Attorney General, Office of Legislative Af- LOW-INCOME FAMILIES—PROVIDING fairs, Department of Justice; Jerry Kilgore, Attorney ASSISTANCE General, State of Virginia; and public witnesses. Committee on Education and the Workforce: Sub- LEGISLATIVE BRANCH APPROPRIATIONS committee on Education Reform held a hearing on ‘‘LIHEAP & CSGB: Providing Assistance to Low-In- Committee on Rules: Granted, by voice vote, a closed come Families.’’ Testimony was heard from Leslie rule on H.R. 2657, making appropriations for the Lee, LIHEAP Director, Department of Health and Legislative Branch for the fiscal year ending Sep- Social Services, State of Delaware; and public wit- tember 30, 2004, providing one hour of debate in nesses. the House on the bill equally divided and controlled by the chairman and ranking minority member of CLEAN SKIES INITIATIVE— the Committee on Appropriations. The rule waives MULTIPOLLUTANT APPROACH all points of order against the bill and against its Committee on Energy and Commerce: Subcommittee on consideration. Finally, the rule provides one motion Energy and Air Quality held a hearing entitled ‘‘The to recommit with or without instructions. Testimony Clear Skies Initiative: A Multipollutant Approach to was heard from Representatives Kingston, Manzullo, the Clean Air Act.’’ Testimony was heard from Jef- Moran of Virginia, and Holt.

VerDate Jan 31 2003 05:53 Jul 09, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY3.REC D08JY3 July 8, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D773 LABOR, HHS, EDUCATION AND RELATED Retention Act of 2003, providing one hour of gen- AGENCIES APPROPRIATIONS eral debate equally divided and controlled by the Committee on Rules: Granted, by a vote of 7 to 2, an chairman and ranking minority member of the Com- open rule waiving all points of order against consid- mittee on Education and the Workforce. The rule eration of H.R. 2660, making appropriations for the waives all points of order against consideration of the Departments of Labor, Health and Human Services, bill. The rule provides that the amendment in the and Education, and related agencies for the fiscal nature of a substitute recommended by the Com- year ending September 30, 2004. The rule provides mittee on Education and the Workforce now printed that general debate shall be confined to the bill. in the bill shall be considered as an original bill for Under the rules of the House the bill shall be read the purpose of amendment and shall be considered for amendment by paragraph. The rule waives all as read. The rule waives all points of order against points of order against provisions in the bill, except the committee amendment in the nature of a sub- as specified in the resolution. The rule authorizes the stitute. The rule makes in order the amendment Chair to accord priority in recognition to Members printed in the Rules Committee report accom- who have pre-printed their amendments in the Con- panying the resolution, if offered by Representative gressional Record. Finally, the rule provides one mo- George Miller of California or his designee, shall be tion to recommit with or without instructions. Tes- considered as read, shall be debatable for ten minutes timony was heard from Representatives Regula and equally divided and controlled by the proponent and Obey. an opponent and shall not be subject to a demand for a division of the question in the House or in the READY TO TEACH ACT Committee of the Whole. The rule waives all points Committee on Rules: Granted, by voice vote, a struc- of order against the amendment printed in the re- tured rule on H.R. 2211, Ready to Teach Act of port. Finally, the rule provides one motion to recom- 2003, providing one hour of general debate equally mit with or without instructions. Testimony was divided and controlled by the chairman and ranking heard from Chairman Boehner and Representatives minority member of the Committee on Education Wilson of South Carolina, Tierney, DeLauro, and and the Workforce. The rule provides that the Becerra. amendment in the nature of a substitute rec- f ommended by the Committee on Education and the Workforce now printed in the bill shall be consid- NEW PUBLIC LAWS ered as an original bill for the purpose of amend- (For last listing of Public Laws, see DAILY DIGEST, p. D763) ment and shall be considered as read. The rule H.R. 658, to provide for the protection of inves- waives all points of order against the committee tors, increase confidence in the capital markets sys- amendment in the nature of a substitute. The rule tem, and fully implement the Sarbanes-Oxley Act of makes in order only those amendments printed in 2002 by streamlining the hiring process for certain the Rules Committee report accompanying the reso- employment positions in the Securities and Exchange lution. The rule provides that the amendments Commission. Signed on July 3, 2003. (Public Law printed in the report shall be considered only in the 108–44) order printed in the report, may be offered only by S. 1276, to improve the manner in which the a Member designated in the report, shall be consid- Corporation for National and Community Service ap- ered as read, shall be debatable for the time specified proves, and records obligations relating to, national in the report equally divided and controlled by the service positions. Signed on July 3, 2003. (Public proponent and an opponent, shall not be subject to Law 108–45) amendment, and shall not be subject to a demand for a division of the question in the House or in the f Committee of the Whole. The rule waives all points of order against the amendments printed in the re- COMMITTEE MEETINGS FOR WEDNESDAY, port. Finally, the rule provides one motion to recom- JULY 9, 2003 mit with or without instructions. Testimony was (Committee meetings are open unless otherwise indicated) heard from Chairman Boehner and Representatives Gingrey and Kildee. Senate TEACHER RECRUITMENT AND RETENTION Committee on Appropriations: Subcommittee on Home- ACT land Security, business meeting to mark up proposed legislation making appropriations for the Department of Committee on Rules: Granted, by voice vote a modified Homeland Security for the fiscal year ending September closed rule on H.R. 438, Teacher Recruitment and 30, 2004, 10:30 a.m., SD–124.

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Subcommittee on Interior, business meeting to mark many other nations and a leading force for product and up proposed legislation making appropriations for the manufacturing innovation throughout the 20th century, Department of the Interior and related agencies for the 10 a.m., 2123 Rayburn. fiscal year ending September 30, 2004, 11 a.m., SD–138. Subcommittee on Commerce, Trade and Consumer Full Committee, business meeting to mark up pro- Protection and the Subcommittee on Telecommunications posed legislation making appropriations for the Legisla- and the Internet, joint hearing entitled ‘‘Legislative Ef- tive Branch for the fiscal year ending September 30, forts to Combat Spam, following full Committee mark 2004, and proposed legislation making appropriations for up, 2123 Rayburn. the Department of Defense for the fiscal year ending Sep- Committee on Financial Services, hearing on H.R. 2622, tember 30, 2004, 3 p.m., SD–192. Fair and Accurate Credit Transactions Act of 2003, 10 Committee on Armed Services: to hold hearings to examine a.m., 2128 Rayburn. lessons learned during Operation Enduring Freedom in Committee on Government Reform, Subcommittee on Civil Afghanistan and Operation Iraqi Freedom, and to receive Service and Agency Organization, hearing entitled ‘‘Mak- testimony on ongoing operations in the United States ing Health Care More Affordable: Extending Premium Central Command region; followed by a closed session in Conversion to Federal Retirees,’’ 2 p.m., 2247 Rayburn. SH–219, 9:30 a.m., SH–216. Subcommittee on Criminal Justice, Drug Policy and Committee on Indian Affairs: to hold oversight hearings Human Resources, hearing entitled ‘‘Disrupting the Mar- to examine the Indian Gaming Regulatory Act, 10 a.m., ket: Strategy, Implementation, and Results in Narcotics SD–106. Source Nations,’’ 10 a.m., 2154 Rayburn. Committee on the Judiciary: to hold hearings to examine Subcommittee on Human Rights and Wellness, hear- the nominations of James O. Browning, to be United ing on ‘‘International Child Abduction: The Rights of States District Judge for the District of New Mexico, American Citizens Being Held in Saudi Arabia,’’ 2 p.m., Kathleen Cardone, to be United States District Judge for 2154 Rayburn. the Western District of Texas, James I. Cohn, to be Committee on House Administration, hearing on H.R. United States District Judge for the Southern District of 2205, National Museum of African American History and Florida, Frank Montalvo, to be United States District Culture Act, 2 p.m., 1310 Longworth. Judge for the Western District of Texas, and Xavier Committee on International Relations, hearing on A Survey Rodriguez, to be United States District Judge for the and Analysis of Supporting Human Rights and Democ- Western District of Texas, 3 p.m., SD–226. racy: The U.S. Record 2002–2003, 10:30 a.m., 2172 Committee on Rules and Administration: to hold hearings Rayburn. to examine S. Res.173, to amend Rule XVI of the Stand- Committee on the Judiciary, to mark up the following: H. ing Rules of the Senate with respect to new or general Res. 287, directing the Attorney General to transmit to legislation and unauthorized appropriations in general ap- the House of Representatives not later than 14 days after propriations bills and amendments thereto, and new or the date of the adoption of this resolution all physical and general legislation, unauthorized appropriations, new electronic records and documents in his possession related matter, or nongermane matter in conference reports on to any use of Federal agency resources in any task or ac- appropriations Acts, and unauthorized appropriations in tion involving or relating to Members of the Texas Legis- amendments between the Houses relating to such Acts, lature in the period beginning May 11, 2003, and ending 9:30 a.m., SR–301. May 16, 2003, except information the disclosure of which would harm the national Security interests of the United House States; a measure implementing the U.S. Chile Free Trade Committee on Appropriations, Subcommittee on Com- Agreement; a measure implementing the U.S. Singapore merce, Justice, State, Judiciary and Related Agencies, to Free Trade Agreement; H.R. 1707, Prison Rape Reduc- mark up appropriations for fiscal year 2004, 10 a.m., tion Act of 2003; H.R. 2330, Burmese Freedom and De- H–309 Capitol. mocracy Act of 2003; H.R. 1561, United States Patent Subcommittee on the District of Columbia, to mark up and Trademark Fee Modernization Act of 2003; H.R. appropriations for fiscal year 2004, 11 a.m., H–144 Cap- 2086, Office of National Drug Control Policy Reauthor- itol. ization Act of 2003; and H.R. 1375, Financial Services Committee on the Budget, hearing on A Closer Look, The Regulatory Relief Act of 2003, 10 a.m., 2141 Rayburn. Inspectors General Address Waste, Fraud, Abuse in Fed- Committee on Resources, to mark up the following bills: eral Mandatory Programs, 10 a.m., 210 Cannon. H.R. 1038, Public Lands Fire Regulations Enforcement Committee on Energy and Commerce, to mark up the fol- Act of 2003; H.R. 1616, Martin Luther King, Junior, lowing measures: H.R. 1950, Foreign Relations Author- National Historic Site Land Exchange Act; H.R. 1651, ization Act, Fiscal Years 2004 and 2005; H. Con. Res. Sierra National Forest Land Exchange Act of 2003; H.R. 215, honoring and congratulating chambers of commerce 1658, Railroad Right-of-Way Conveyance Validation Act for their efforts that contribute to the improvement of of 2003; H.R. 2040, to amend the Irrigation Project communities and the strengthening of local and regional Contract Extension Act of 1998 to extend certain con- economics; and H. Res. 296, recognizing the 100th anni- tracts between the Bureau of Reclamation and certain ir- versary of the founding of the Harley-Davidson Motor rigation water contractors in the States of Wyoming and Company, which has been a significant part of the social, Nebraska; H.R. 2059, Fort Bayard National Historic economic, and cultural heritage of the United States and Landmark Act; S. 233, Coltsville Study Act of 2003; and

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S. 278, Mount Naomi Wilderness Boundary Adjustment 2004 Capital Investment and Leasing Program, 10 a.m., Act, 10 a.m., and to hold an oversight hearing on ‘‘Can 2253 Rayburn. a process be developed to settle matters relating to the Committee on Veterans’ Affairs, Subcommittee on Over- Indian Trust Fund lawsuit?’’ 2 p.m., 1324 Longworth. sight and Investigations, hearing to review the pre- and Committee on Science, Subcommittee on Research, hearing post-deployment health assessment processing of troops on H.R. 2183, Minority Serving Institution Digital and recently deployed to the Persian Gulf, 2 p.m., 334 Can- Wireless Technology Opportunity Act of 2003, 10 a.m., non. 2318 Rayburn. Committee on Small Business, hearing on Saving Our De- Joint Meetings fense Industrial Base, 2 p.m., 2360 Rayburn. Committee on Transportation and Infrastructure, Sub- Joint Economic Committee: to hold hearings to examine committee on Economic Development, Public Buildings technology and innovation in relation to health care costs, and Emergency Management, oversight hearing on GSA’s 9:30 a.m., SD–628.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 9 10 a.m., Wednesday, July 9

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 438, ation of the motion to proceed to consideration of S. 11, Teacher Recruitment and Retention Act of 2003 (modi- to protect patients’ access to quality and affordable health fied closed rule, one hour of general debate); care by reducing the effects of excessive liability costs, Consideration of H.R. 2211, Ready to Teach Act of and at 11:30 a.m. proceed to a vote on the motion to 2003 (structured rule, one hour of general debate); close further debate on the motion to proceed to consider- Consideration of H.R. 2660, Labor, Health and ation of the bill; following which, Senate will vote on Human Services, and Education, and Related Agencies confirmation of the nomination of Victor J. Wolski, of Appropriations for FY 2004 (rule only); and Virginia, to be a Judge of the United States Court of Consideration of H.R. 2657, Legislative Branch Appro- Federal Claims; and pursuant to today’s order, confirm priations for FY 2004 (closed rule, one hour of general the nominations of Mary Ellen Coster Williams, of Mary- debate). land, Susan G. Braden, of the District of Columbia, and Charles F. Lettow, of Virginia, each to be a Judge of the United States Court of Federal Claims; further, Senate will then proceed to consideration of S. 925, State De- partment Authorization Bill.

Extensions of Remarks, as inserted in this issue

HOUSE Jones, Stephanie Tubbs, Ohio, E1417 Radanovich, George, Calif., E1416 Kucinich, Dennis J., Ohio, E1409, E1410, E1411, E1411, Ramstad, Jim, Minn., E1424 Baca, Joe, Calif., E1412 E1413, E1414 Rangel, Charles B., N.Y., E1413, E1425 Bilirakis, Michael, Fla., E1412 Lee, Barbara, Calif., E1416 Rush, Bobby L., Ill., E1424 Blumenauer, Earl, Ore., E1416 Maloney, Carolyn B., N.Y., E1410, E1410 Shays, Christopher, Conn., E1422 Bordallo, Madeleine Z., Guam, E1409, E1410 Miller, Gary G., Calif., E1423 Shimkus, John, Ill., E1419, E1420, E1421, E1421, E1422, Camp, Dave, Mich., E1422 Moran, James P., Va., E1423 E1422 Culberson, John Abney, Tex., E1424 Moran, Jerry, Kansas, E1426 Shuster, Bill, Pa., E1419, E1420 Davis, Tom, Va., E1411 Musgrave, Marilyn N., Colo., E1411 Skelton, Ike, Mo., E1412 Duncan, John J., Jr., Tenn., E1414 Nethercutt, George R., Jr., Wash., E1418 Stark, Fortney Pete, Calif., E1420, E1420 Etheridge, Bob, N.C., E1419 Norton, Eleanor Holmes, D.C., E1425 Udall, Mark, Colo., E1423 Frank, Barney, Mass., E1417 Otter, C.L. ‘‘Butch’’, Idaho, E1422 Walsh, James T., N.Y., E1415 Graves, Sam, Mo., E1423 Payne, Donald M., N.J., E1421 Watson, Diane E., Calif., E1425 Greenwood, James C., Pa., E1415 Pelosi, Nancy, Calif., E1418 Hastings, Alcee L., Fla., E1421 Portman, Rob, Ohio, E1421

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