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, APRIL 8, 2003 No. 56 House of Representatives The House met at 10:30 a.m. and was of a hydroelectric project in the State of Illi- cipline, and provided tax relief for mil- called to order by the Speaker pro tem- nois. lions. The record is clear. pore (Mr. SIMMONS). S. 278. An act to make certain adjustments We passed a permanent ban on to the boundaries of the Mount Naomi Wil- f derness Area, and for other purposes. human cloning. DESIGNATION OF SPEAKER PRO S. 328. An act to designate Catoctin Moun- We passed a resolution affirming TEMPORE tain Park in the State of Maryland as the Americans’ identity as ‘‘one Nation, ‘‘Catoctin Mountain National Recreational under God, indivisible’’ in the Pledge of The SPEAKER pro tempore laid be- Area’’, and for other purposes. Allegiance. fore the House the following commu- S. 347. An act to direct the Secretary of the We passed the Social Security Pro- nication from the Speaker: Interior and the Secretary of Agriculture to tection Act to crack down on waste, WASHINGTON, DC, conduct a joint resource study to evaluate the suitability and feasibility of establishing fraud and abuse against the program’s April 8, 2003. most vulnerable intended beneficiaries. I hereby appoint the Honorable ROB SIM- the Rim of the Valley Corridor as a unit of MONS to act as Speaker pro tempore on this the Santa Monica Mountains National We passed a budget that sets the day. Recreation Area, and for other purposes. United States on a path to balance and J. DENNIS HASTERT, The message also announced that provides tax relief necessary to stimu- Speaker of the House of Representatives. pursuant to Public Law 101–509, the late an economy that can meet all our f Chair announces, on behalf of the Sec- needs. We passed a compassionate and effec- MESSAGE FROM THE SENATE retary of Senate, the appointment of Paul Gherman, of Tennessee, to the tive welfare reform package. A message from the Senate by Mr. Advisory Committee on the Records of We passed sweeping reforms to the Monahan, one of its clerks, announced Congress. Nation’s bankruptcy system. that the Senate has passed without We passed medical liability reform. amendment bills of the House of the f We passed legislation providing $835 following titles: MORNING HOUR DEBATES million in tax relief for America’s mili- H.R. 397. An act to reinstate and extend The SPEAKER pro tempore. Pursu- tary servicemen and their families. the deadline for commencement of construc- tion of a hydroelectric project in the State of ant to the order of the House of Janu- We passed legislation to create a na- Illinois. ary 7, 2003, the Chair will now recog- tional AMBER Alert system. H.R. 672. An act to rename the Guam nize Members from lists submitted by We passed tougher penalties against South Elementary/Middle School of the De- the majority and minority leaders for criminals who prey on children and partment of Defense Domestic Dependents morning hour debates. The Chair will funding to assist battered-women shel- Elementary and Secondary Schools System alternate recognition between the par- ters and victims of family violence. in honor of Navy Commander William ties, with each party limited to not to Not a bad start. Yet before we recess, ‘‘Willie’’ McCool, who was the pilot of the exceed 30 minutes, and each Member, Space Shuttle Columbia when it was trag- the House will also complete a final ically lost on February 1, 2003. except the majority leader, the minor- budget resolution with the Senate to ity leader, or the minority whip, lim- The message also announced that the provide tax relief and fiscal account- ited to not to exceed 5 minutes. Senate has passed bills of the following ability. We will pass a comprehensive The Chair recognizes the gentleman titles in which the concurrence of the energy package to better secure the from Texas (Mr. DELAY) for 5 minutes. House is requested: United States by reducing our depend- ence on foreign oil. We will pass the S. 164. An act to authorize the Secretary of f supplemental appropriation to fund the the Interior to conduct a special resource HOUSE ACHIEVEMENTS SPEAK study of sites associated with the life of liberation of Iraq, the ongoing war on Ce´sar Estrada Cha´ vez and the farm labor FOR THEMSELVES terror, and meet emerging homeland movement. Mr. DELAY. Mr. Speaker, the Mem- security needs. The House of Rep- S. 212. An act to authorize the Secretary of bers of the 108th House of Representa- resentatives has acted on behalf of our the Interior to cooperate with the High tives have served the American people troops on the other side of the world Plains Aquifer States in conducting a well during the longest legislative and we have acted to secure their Hydrogeologic Characterization, Mapping, proud and grateful countrymen here at and Modeling Program for the High Plains stretch we will have this year. We have Aquifer, and for other purposes. passed, or will pass, legislation that home. S. 220. An act to reinstate and extend the has upheld American values, protected Mr. Speaker, our actions speak for deadline for commencement of construction American families, affirmed fiscal dis- themselves, so I will stop interrupting.

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 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.000 H08PT1 H2866 CONGRESSIONAL RECORD — HOUSE April 8, 2003 OREGON CITIZEN MIKE HAWASH this American citizen, kept in solitary ability to insert troops deep into the ADVERSELY AFFECTED BY MA- confinement for 3 weeks under this ma- city and the 1st Brigade of the United TERIAL WITNESS LAW terial witness warrant, attorney and States Army recently renamed Saddam The SPEAKER pro tempore. Pursu- family subject to a gag order. This is a International Airport to Baghdad ant to the order of the House of Janu- person with strong ties to the commu- International. The evil and torturous ary 7, 2003, the gentleman from Oregon nity and does not appear to represent regime of Saddam Hussein and his (Mr. BLUMENAUER) is recognized during any risk of flight. Baath party cronies seems to be at its morning hour debates for 5 minutes. Citizens who know Mike have orga- end, all due to the valiant efforts of co- Mr. BLUMENAUER. Mr. Speaker, I nized their own Web site, alition forces. Though support for this am reflecting on the words of the ma- freemikehawash.org, that says it all. operation has been great and wide- jority leader, actions speak for them- Mr. Speaker, he had a hearing yester- spread, we as a body have been forced selves, and I think we are going to have day but he is bound over again under to face the politics of war. We have a series of discussions here on the floor these conditions. We do not know what been faced with a task of funding this of this Chamber dealing with the ac- is going on. He is going to be kept in war and making sure that our troops tions of the Republican majority and detention, it looks like, for at least an- are supplied with the best equipment in the mismatch between what the Amer- other 2 to 3 weeks. Mr. Speaker, this is the world. This week we must pass the ican public wants and needs. The no- deeply troubling treatment for an wartime supplemental conference re- tion that we are going to cut veterans American citizen. Put him before the port as soon as possible in order to benefits when we are sending our vet- grand jury now. If they think he has keep our military machine safe and, of erans-to-be into battle in the Middle committed some sort of crime, charge course, efficient. We must also con- East, the fact that we are providing him. If not, for heaven sakes, release tinue to show the world that what we even the tax treatment for the vet- him. We should not have a shroud of se- are doing is right and for the benefit of erans that he referenced was achieved crecy. We should not have indefinite our global safety. We must uproot Sad- only after the Republican majority was detention in solitary confinement for dam and show the world the atrocities embarrassed with their original pro- American citizens. We should not be that he has committed. So far, the ter- posal. They had to withdraw it because punishing them, their family and rorist links have been established, Mr. it confused assistance for our veterans friends. Speaker. Al Qaeda terrorists fought with aid for people who gamble from As I said, Mr. Speaker, at times dif- against coalition troops in southern overseas and manufacture tackle ficult situations provide a mirror. I Iraq. Foreign nationals—Egyptians, boxes. Mr. Speaker, I would like in- would hope that the mirror that we Jordanians, Saudis, Syrians, Yemenis— stead today to reflect on a moment of hold up to ourselves at this time were captured Sunday and led U.S. sol- what times of stress especially in war should show America at its best, not at diers to their training grounds at serve as a mirror for who we are. There its worst. Salman Pak. And, most convincing, have been times in our history like f raids of the Ansar al-Islam camps in World War II where it has reflected in northern Iraq revealed extensive al a very positive sense on our character, IRAQI LIBERATION Qaeda ties for this group believed to it has brought out the best in the The SPEAKER pro tempore. Pursu- have extensive, high-ranking connec- American public, but also during that ant to the order of the House of Janu- tions with the Iraqi regime. As initial same period of time, there was also re- ary 7, 2003, the gentleman from Florida reports concerning chemical weapons flected some of the things that we are (Mr. STEARNS) is recognized during become more clear, we will learn the least proud of. For example, our treat- morning hour debates for 5 minutes. truth behind Saddam Hussein’s lies. All ment of legal Japanese residents and Mr. STEARNS. Mr. Speaker, today I we can do is pray that the maniacal Japanese citizens in this country, rise to support the actions of the leader will think of the people, the 4.5 herding them up and putting them in world’s greatest fighting force, the million Iraqi citizens, before he con- concentration camps. United States Armed Forces, which is siders unleashing all this chemical ar- One of the problems I have with the currently about 360,000 men and women senal. current situation is that it is fraught deployed overseas defending our free- Mr. Speaker, after Baghdad is se- with danger, and if we are not careful, dom. Though the terrains may differ cured and the Republican Guard is we will have a risk of losing track of greatly, their overall objectives remain completely destroyed, we will be faced who we are. I was struck last fall when the same, Mr. Speaker. From the swel- with the task of reconstructing Iraq. I read an article in the Washington tering jungles of Colombia and South But as eyes turn toward the U.N., Post that talks about how the material Korea to the barren moonscapes of Iraq many will turn to the rich oil fields of witness law in this country casts doz- and Afghanistan, U.S. forces put life Iraq and the many ways in which their ens of citizens, of Americans, into and limb in harm’s way to maintain countries think they can profit from limbo, where there were 44 people who the security of our great country. War our military’s work. Countries that de- were jailed as material witnesses and is a concept not easily understood, nounced our actions will look for ways kept in maximum security conditions never black and white, its ramifica- to get their hands on some of this Iraqi for a few days, in some cases for sev- tions always permanent and, of course, oil. France and its allies claim the eral months or longer. Seven of them severe. The fighting men and women of United Nations is the only body with were American citizens. I was troubled the United States know the con- the international legitimacy to admin- when I read that account, Mr. Speaker, sequences of war, yet continue to place ister Iraq. But, Mr. Speaker, is it? The but I must say that I was shaken when upon their shoulders this great mantle United Nations failed miserably in its I saw it occur in my community, where of responsibility. Though victory in supervision of Kosovo, Bosnia and So- 3 weeks ago Maher Hawash, Mike to his war always comes at a price, our ef- malia. Until Bush stepped in last year, friends, a 38-year-old software engi- forts in the Iraqi theater have yielded it had completely dropped any attempt neer, although born in the West Bank great success. Our Armed Forces have to get Iraq to disarm. The United Na- and who grew up in Kuwait, has been liberated thousands of Iraqis and have tions has never successfully fostered a an American citizen for over a dozen begun the delivery of much needed hu- democracy. This is not surprising since years, he lives with his wife Lisa, rais- manitarian support. Saddam’s regime many if not most of its members are ing three children here in our commu- seems to be on its knees, ready to col- nondemocratic countries and a police nity of Portland, Oregon, was arrested lapse. In what has been a historic cam- state like Libya heads the U.N. human in the Intel parking lot at 6:30 in the paign, U.S. Marines, a sea-based serv- rights commission. morning. At the same time almost a ice, have marched inland to Baghdad in There is at least one group of people dozen armed agents swept into his what has been the deepest land pene- among whom the United Nations has home. I heard from his former boss, tration ever by its air-ground team of no legitimacy. That is the 24 million Steve McGeady, a friend of mine, in planes, helicopters, troops and tanks. Iraqis who have suffered under more Portland, who was stunned by the ac- American troops have Baghdad sur- than two decades of Saddam Hussein’s cusation but more by the treatment of rounded. We have demonstrated an rule. Iraqis have seen U.N. inspectors

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.003 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2867 come and go. They have seen U.N. offi- et to vote on that says basically, do worry about that. Do not worry about cials rush to Baghdad to confer with not worry, your fears are for naught. the long-term. We can get through the Saddam with no easing of repression as You can have your cake and eat it, too. next couple of years. We can get a result. They have watched as U.N. You can do whatever you want. It will through the things that are coming at resolutions, including those obligating all work out. Do not worry, be happy. us down the road. Do not worry about Saddam to respect human rights, go For example, let us take debt. My the projections of an increasing deficit, not just unenforced but are not even wife and I, we have been worrying a deficit projected to increase by some cited in passing by the United Nations. about how much we owe. We do not estimates from 300 to $400 billion up to Again my congratulations to our like debt and when we have to incur close to a trillion dollars, given the full Armed Forces and to our President. debt we do not like it to get too high. impact of this tax cut. Do not worry God bless them both. We worry about retiring in debt. We about that. f worry about whether our kids are So I am a happy camper today. I do going to have to bail us out. We do not not have to worry. And if I were not so NOTHING TO WORRY ABOUT? think that that is good for us and it is worried, I would be awfully scared. The SPEAKER pro tempore. Pursu- certainly not good for them. In the f ant to the order of the House of Janu- State legislature back in Hawaii, I wor- ary 7, 2003, the gentleman from Hawaii ried for a long time about how much MEDICAL SAVINGS ACCOUNTS (Mr. CASE) is recognized during morn- my State was borrowing, about wheth- The SPEAKER pro tempore. Pursu- ing hour debates for 5 minutes. er our hard-earned dollars were going ant to the order of the House of Janu- Mr. CASE. Mr. Speaker, I want to just to pay off debt, whether we were ary 7, 2003, the gentleman from Min- thank my colleague from Texas, our re- handing off Hawaii in better shape to nesota (Mr. GUTKNECHT) is recognized spected majority leader, for his re- our children than the Hawaii that we during morning hour debates for 5 min- marks this morning. I think I and all had been responsible for administering. utes. of us owe him a happy birthday wher- But now I am tempted to feel relieved, Mr. GUTKNECHT. Mr. Speaker, ever he may be and we wish him a because I am told my Federal Govern- today I rise to talk about an issue that happy birthday on, I believe it is his ment is somehow different, I am told everyone should be aware of and I 56th birthday. Unfortunately, there my debt is good, do not worry about it, think more and more Americans are commendations have to end for the that the largest debt run-up since becoming concerned about and that is morning because as the war in Iraq President Reagan’s era is no problem. the rising cost of health care here in comes to its inevitable close and our And Alan Greenspan, somebody that the United States. Some of the esti- focus turns back to our domestic says debt is not bad, chronic debt is mates this year, and we are talking to issues, our domestic challenges and as bad. Chronic debt does not work. It small businesspeople in my district, they turn back to the number one chal- leads to a worsening economy. It leads they are looking at increases in the lenge that we face domestically, which to interest rate increases. I am told cost of their health care of anywhere is our Federal budget and fixing our about Mr. Greenspan, he is all wet, do from 10 percent to 40 percent and some economy, which is an area that the ma- not worry about him. even more than that. One of the ideas jority leader did not cover, I must say Let us take taxes. In my State that has been around for a number of to my colleagues and my constituents House, I embraced some tax relief in years in terms of controlling the costs back home and my fellow citizens that the 1990s, but I worried about whether of health care in the United States is when it comes to the Federal budget that tax relief was going to those most the concept of medical savings ac- that has been proposed by our Presi- in need, whether that tax relief was counts. This is a plan that really goes dent and embraced by our Republican going to result in economic revitaliza- back a long ways. As a matter of fact, colleagues and as it comes to that tion. I worried about the connection in my district where we have an awful budget that we will see later on the between lower taxes and an increased lot of farm families, they in effect have floor this week, I must say I am tempt- economy. Would cuts fix our economy? had medical savings accounts for a ed to feel relieved, and I am tempted to But here I am told, do not worry. We very long time. What they do is they feel relieved, because for too long I cannot give you any evidence of a con- essentially use their checking account have been worrying about the little nection between the tax cuts that we as the medical savings account, but the things like our economy and jobs and recommend and economic revitaliza- principle is relatively simple and that money and debt and education and tion. And we do not have to worry is where people can put money away, health care. about the Congressional Budget Office either through their employer or indi- At my State legislature like many of saying there is no connection. Do not vidually, into a medical savings ac- us in the State legislatures, I just worry, it will all work out. count to pay those ongoing medical spent a decade worrying about whether Let us take expenses, especially un- bills. At the same time, they buy a cat- we had enough jobs, whether our taxes known or uncertain expenses. My wife astrophic insurance policy that will were fair, whether we were borrowing and I worry about expenses that we pay those catastrophic expenses if they too much or whether we were spending know about and those that we do not should come down with cancer, if they too much, whether our kids were get- yet know about. We worry about col- should need a major surgery, some- ting a good head start, whether our lege. We worry about setting money thing like that. Catastrophic insurance seniors had the basics, what my Hawaii aside. We worry about a little bit of a is relatively inexpensive. And so in the would be like not next year but in 10, 20 rainy day fund to worry about things last several years we have allowed years and what I could do to hand it off that do not come along. But now I am more and more of the employers to do well. And at home, of course, because told from this budget, do not worry, we these medical savings accounts, to set government is no different than a do not need a little rainy day fund. We up these programs on a pretax basis so household in principle, my wife and I, already have one. It is called Social Se- that they get the advantages of the we have long worried about our jobs curity. We can bail it out if we need to Tax Code. But there was one major, and whether we could keep up with ex- and we do not even have to include glaring error and omission from the penses, whether our debts were too known expenses, expenses that we may legislation we passed in the past here high, whether our kids would grow up not know how much they will be ex- in the Congress and that is that public healthy, whether we could get a good, actly but we sure know that they are employees could not participate in affordable education, whether our par- coming. these. And so I have been talking to ents could live with decency. I am We all know, for example, that $75 my public employees back in Min- tempted to feel relieved because after billion is just the first installment of nesota. They would very much like to all those years of worry both in my our obligations overseas for the war participate in medical savings ac- State legislature and at home, my Re- with Iraq. Yet that is not factored into counts for a whole variety of reasons, publican colleagues in the White House this budget. Why not? I do not know. I one of which is it is a way that they and here in the Congress have given me guess I am being told, do not worry can begin to save money for long-term and are about to again give me a budg- about it, it will come later. And do not care, because we are now beginning to

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.004 H08PT1 H2868 CONGRESSIONAL RECORD — HOUSE April 8, 2003 realize we are all getting older. I hap- dren, working families, seniors and corporate interests. It should not be pen to be 52 years old. I was born in people with disabilities. Moreover, this done at the expense of Medicare or 1951. There were more babies born in critical safety net program under Medicaid. 1951 than any other year, we are the Medicare also contributes significantly f peak of the baby boomers, and we are to State economies by stimulating em- IN MEMORY OF SERGEANT DON- looking at this thing and saying, are ployment and business activity which ALD WALTERS, OREGON SERV- there ways we can begin to put money we cannot afford to undermine. ICEMAN WHO MADE THE ULTI- away for long-term care. One of the States, Mr. Speaker, are currently MATE SACRIFICE ways you can do that is with medical facing the most severe budget crisis savings accounts. But it is a glaring since World War II and nearly every The SPEAKER pro tempore. Pursu- omission and it is terribly unfair to say State has proposed or enacted cuts in ant to the order of the House of Janu- that private employees in the private its Medicaid program. Any reduction in ary 7, 2003, the gentlewoman from Or- markets can go ahead and have access Federal Medicaid funding would place egon (Ms. HOOLEY) is recognized during to these medical savings accounts but millions of vulnerable Americans now morning hour debates for 5 minutes. public employees cannot. receiving Medicaid in jeopardy of los- Ms. HOOLEY of Oregon. Mr. Speaker, And so today I am introducing along ing their health insurance. Federal today I rise to pay my respect to a fall- with my colleagues the gentleman funding reductions would force States en soldier, a hero from my district who from Minnesota (Mr. SABO), the gen- to implement even deeper cuts by re- made the ultimate sacrifice for our tleman from Minnesota (Mr. PETER- stricting eligibility, eliminating or re- country. SON), the gentleman from Minnesota ducing critical health benefits and se- Sergeant Donald Walters grew up in (Mr. RAMSTAD), the gentleman from verely cutting or freezing provider re- Colorado, Springs, Colorado. His family Minnesota (Mr. KENNEDY), the gentle- imbursement rates. As a result, Med- moved to Salem, Oregon, when he was woman from Minnesota (Ms. MCCOL- icaid funding cuts would add millions in middle school. As a teenager, Donald LUM) and the gentleman from Min- more to the ranks of the 41 million worked at a Salem grocery store. He nesota (Mr. KLINE) the Minnesota MSA Americans that are already uninsured. liked to fish, camp and had a long- Empowerment Act of 2003. Essentially In addition, Mr. Speaker, I oppose in- standing interest in the military. He what this bill will do is allow public clusion in the budget of sweeping man- wanted to make a difference. A year employees on a pilot program basis to datory cuts of potentially $75 billion after graduating from North Salem have access to the same kind of pro- over 10 years to the Medicare program. High School, he joined the Army. grams that private employees have ac- Although the Republican budget on the Donald was an aspiring writer of chil- cess to. It is a very good bill. It is a surface level appears to take a softer dren’s books. Donald served in the first way for us to actually find out just how line on Medicare cuts as compared to Persian Gulf war, then left the mili- well these MSAs will work, especially Medicaid, in fact the budget requires tary about 2 years ago. As a testament with public employees. I am confident billions of dollars of mandatory pro- to his undying love of our country, he that they will work if they are given a gram cuts to the Medicare program. I reenlisted in the Army after September chance. This is a pilot program just for will show my colleagues how. The 11. For the weeks that Sergeant Wal- Minnesota to demonstrate that MSAs budget provides $400 billion in a reserve ters was missing in action, his commu- will work for the consumer, they will fund for Medicare reform. However, the nity in Oregon showed their support. work to help reduce the cost of health budget also instructs the Committee Nearly every house on the block was care and ultimately make it possible so on Energy and Commerce to come up adorned with an American flag, a yel- people can begin to set aside dollars with $107 billion that have to be in cuts low ribbon, or both. Sergeant Walters long-term for long-term care. to either Medicare, Medicaid or S– leaves behind his wife Stacie, three This is a good piece of legislation. I CHIP, the kids’ health insurance pro- loving daughters, his parents Arlene hope the people of the appropriate pol- gram, over 10 years and also requires and Norman, and his sister Kimberly. icy committees will give it a fairing the Committee on Ways and Means to To all those who he left behind, my hearing and if they will I am confident require $62 billion in cuts, some or all heart and prayers are with you as well that ultimately this will become law. of which could fall on Medicare. So al- as the hearts and prayers of a grateful Mr. Speaker, I hope my colleagues will though there is not an absolute re- Nation. We will not forget you, Ser- join me in support of this important quirement that it comes from Medi- geant Donald Walters. legislation. care, because those two committees f will not have many choices, we are f RECESS going to see Medicare cuts as well, as CONCERNING THE CONFERENCE well as the mandatory Medicaid cuts. The SPEAKER pro tempore. Pursu- REPORT ON THE BUDGET RESO- Mr. Speaker, while the budget resolu- ant to clause 12(a) of rule I, the Chair LUTION tion does not direct Medicare cuts, I declares the House in recess until noon The SPEAKER pro tempore. Pursu- am very concerned because it does not today. ant to the order of the House of Janu- preclude them and these committees Accordingly (at 11 a.m.), the House ary 7, 2003, the gentleman from New will be allowed to cut Medicare if that stood in recess until noon. Jersey (Mr. PALLONE) is recognized is what is required to fulfill the rec- f onciliation instructions. As a member during morning hour debates for 5 min- b 1200 utes. of the Committee on Energy and Com- Mr. PALLONE. Mr. Speaker, I rise on merce, I would do my best to prevent AFTER RECESS the floor to call attention to the fiscal such cuts from taking place because The recess having expired, the House year 2004 budget resolution conference the effects would be devastating to the was called to order by the Speaker pro report and to express my opposition to structure and function of the Medicare tempore (Mrs. BIGGERT) at noon. the inclusion of any Medicaid or Medi- program and, more importantly, to the f care cuts as part of the final budget health of our seniors and disabled. resolution. Again, Mr. Speaker, I have to express PRAYER Mr. Speaker, although the House- my strong opposition to the inclusion The Chaplain, the Reverend Daniel P. passed budget reconciliation contains of any Medicaid or Medicare cuts in Coughlin, offered the following prayer: an instruction to cut the Medicaid pro- the final budget resolution. They will Lord God, because Your prophet gram by $93 billion over 10 years, nei- only mean that more people will be un- Jeremiah is so highly personal, agoniz- ther the Senate budget resolution nor insured, less health care services will ing for his people and constantly inter- the administration budget includes be provided to a whole range of individ- acting with the members of his com- such devastating cuts to the Medicaid uals, and all this is being done basi- munity, he becomes a model for the program. As Members know, the Med- cally so that the Republicans can make Members of the 108th Congress. icaid program provides essential health more cuts for wealthy people, more tax His hopes and visions, doubts and coverage to 47 million low-income chil- cuts for the wealthy, more tax cuts for hesitations, anger and resentments, as

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.006 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2869 well as arguments and pleading and and our Bill of Rights. It is an impor- H.R. 1276, the American Dream Down bonding with others, all these emotions tant program that aids students in un- Payment Act, removes that barrier for and the troublesome times tear apart derstanding their rights and respon- an estimated 40,000 low-income fami- Jeremiah’s fragile temperament and sibilities as American citizens. lies and individuals every year. fling themselves upon the pages of his Lourdes Academy, the reigning na- Madam Speaker, the extension of af- prophecy. tional champions, will be coming to fordable quality housing opportunities Jeremiah is realistic and bold as he Washington this month to compete for to every American is a moral impera- declares sin inevitably brings its own the national title. Please join me in tive for a decent, compassionate soci- sorrow. People who go after empty congratulating the students of Lourdes ety. H.R. 1276 represents a powerful idols become empty themselves. We are Academy and especially their teacher, step toward this goal, providing thou- all transformed for good or bad by that Rosie Heffernan, on their outstanding sands of men, women and children which we desire. achievement and wishing them much across our Nation with the dignity, sta- Lord, because this prophet will not success in the national competition. bility and economic empowerment of evade the honest emotional reaction of f homeownership. f what is going on around him, You SUPPLEMENTAL LEAVES make him a guide for Your people now CRITICAL AREAS UNDERFUNDED REPUBLICAN BUDGET caught up in war. Although Jeremiah SHORTCHANGES AMERICA is never far removed from the agony of (Ms. LORETTA SANCHEZ of Cali- fornia asked and was given permission (Ms. WATSON asked and was given people, hope for him is always stirring to address the House for 1 minute.) permission to address the House for 1 just beneath the surface of the barren Ms. LORETTA SANCHEZ of Cali- minute and to revise and extend her re- Earth. fornia. Madam Speaker, I rise today to marks.) The word of the Lord endures forever. speak against the supplemental bill Ms. WATSON. Madam Speaker, the Amen. proposed by the Bush administration. budget shortchanges the security of f While Democrats strongly support cities and towns across America. The the immediate passing of whatever is next terrorist we catch might be THE JOURNAL necessary to support our troops, the caught by the FBI, but it is more like- The SPEAKER pro tempore. The administration’s war supplemental ap- ly that they will be found by local law Chair has examined the Journal of the pears to leave critical areas severely enforcement, like the routine traffic last day’s proceedings and announces underfunded. stop in April of 2001, where a police of- to the House her approval thereof. Under the bill, there would be no ficer pulled over none other than the 9– Pursuant to clause 1, rule I, the Jour- money, no money, to provide commu- 11 ring leader Mohammed Atta. nal stands approved. nication equipment for first respond- It is not clear that the 9–11 attacks could have been prevented by a traffic f ers, leaving many local police, fire- fighters, and emergency workers un- stop, but what should be clear is that PLEDGE OF ALLEGIANCE able to communicate with each other even if our government has informa- tion on would-be terrorists, local law The SPEAKER pro tempore. Will the during an emergency. There would be no money, no money, enforcement is still out of the loop. gentlewoman from Florida (Ms. ROS- The President and the Republican LEHTINEN) come forward and lead the for homeland security grants, despite the Coast Guard’s latest report that leaders in Congress both ignore this House in the Pledge of Allegiance. issue in their budgets. While we spend Ms. ROS-LEHTINEN led the Pledge of they are short almost $1 billion to meet port security needs in this year billions to tear down and rebuild Iraq, Allegiance as follows: the Republican budget shortchanges I pledge allegiance to the Flag of the alone. This bill also leaves nuclear security the local police officers, firefighters, United States of America, and to the Repub- and other first responders who are lic for which it stands, one nation under God, needs amounts unmet, providing only 7 percent of the $380 million which his America’s first defense against terror. indivisible, with liberty and justice for all. In my own district, the community own Secretary of Energy identified as f of Culver City, California, is right next an urgent homeland security require- to the Los Angeles International Air- APPOINTMENT OF MEMBERS TO ment. port. They need our support with first This bill is bad for the economy, and UNITED STATES CAPITOL PRES- responders. ERVATION COMMISSION it is bad for our Nation’s first respond- f The SPEAKER pro tempore. Pursu- ers. Underfunding critical programs ant to 40 U.S.C. 188a, and the order of and operations puts our homeland at KEEP NETHERCUTT-KENNEDY the House of January 8, 2003, the Chair risk. AMENDMENT ON SUPPLEMENTAL announces the Speaker’s appointment f (Mr. KINGSTON asked and was given of the following Members of the House AMERICAN DREAM DOWN permission to address the House for 1 to the United States Capitol Preserva- PAYMENT ACT minute.) tion Commission: Mr. KINGSTON. Madam Speaker, (Ms. HARRIS asked and was given this week we will be voting on our sup- Mr. YOUNG, Florida. permission to address the House for 1 Mr. LATOURETTE, Ohio. plemental appropriations bill to help minute and to revise and extend her re- partially fund the war in Iraq. An im- f marks.) portant amendment, which was unani- Ms. HARRIS. Madam Speaker, this mously agreed to by the House that is CONGRATULATING OUR LADY OF afternoon the Subcommittee on Hous- LOURDES ACADEMY on that bill, was called the Nethercutt- ing and Community Opportunity of the Kennedy amendment, and it has to do (Ms. ROS-LEHTINEN asked and was Committee on Financial Services will with the fact that the Congress has given permission to address the House begin hearings on President Bush’s vi- voted not to allow Germany, France, for 1 minute and to revise and extend sionary plan to extend the dream of Syria and Russia to share in American her remarks.) homeownership to tens of thousands of taxpayer-funded reconstruction efforts Ms. ROS-LEHTINEN. Madam Speak- low-income families and individuals in Iraq. er, I would like to take this oppor- across our Nation. The idea behind this is that Russia, tunity to congratulate Our Lady of As I have consulted with housing ad- France, Syria and Germany have not Lourdes Academy in my congressional vocates throughout my district, I have been on our side and, in many ways, district for winning first place at the repeatedly heard that a great number helped accelerate the war in Iraq by ‘‘Florida We the People: The Citizen of low-income Americans could meet a seeming to side with Saddam Hussein. and the Constitution’’ competition. monthly mortgage payment were it not We believe that if the U.N. Security This civics competition ensures that for that initial obstacle of the closing Council and these members were uni- students understand the history and costs and down payment associated fied against the weapons of mass de- the philosophy of our U.S. Constitution with the traditional residential loan. struction and the regime of Saddam

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.009 H08PT1 H2870 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Hussein, perhaps we would be at peace ments and rental units to housing is NATIONAL ASSOCIATION OF today in trying to find diplomatic solu- basically they do not have the money. LETTER CARRIERS FOOD DRIVE tions; but now, it seems these very There are programs that do work. (Mr. INSLEE asked and was given countries who are against U.S. action, The government needs to look at par- permission to address the House for 1 who have made a 4-month national pas- ticipating in this. minute and to revise and extend his re- time of bashing the U.S., now they f marks.) want to get U.S. tax dollars and help Mr. INSLEE. Madam Speaker, I rise rebuild Iraq. EXTENDED UNEMPLOYMENT today to mention a very important The Nethercutt amendment speaks RELIEF charitable project by our National As- to this, and I hope that the conference sociation of Letter Carriers, who have (Mr. DEFAZIO asked and was given committee will keep that in the legis- been engaged in this for several years. lation. permission to address the House for 1 minute.) On the second Saturday in May, which f will be May 10 this year, letter carriers Mr. DEFAZIO. Madam Speaker, 18 OFFICE OF PEACE months ago, the Republican leadership in over 10,000 cities and towns will be delivering much more than mail on (Mr. KUCINICH asked and was given during the debate on the first $15 bil- their routes. They will be collecting permission to address the House for 1 lion bailout for the airline industry food donations left for them by their minute and to revise and extend his re- promised that soon, promptly, we caring patrons on the 11th annual let- marks.) would consider employee relief, includ- ter carriers national food drive. Mr. KUCINICH. Madam Speaker, in a ing financial assistance, health insur- I want to take this opportunity to moment I will introduce legislation ance and training for new careers. It is commend the letter carriers for this in- with 46 cosponsors to create a Depart- 18 months later, and those 150,000 air- credible charitable endeavor. This ef- ment-level office of peace and the De- line employees are still waiting, 18 fort by the letter carriers is the largest partment of Peace is introduced at this months of waiting. 1-day food drive in the Nation, and it moment when it seems that war is in- The airlines project they will lay off has resulted in the last 10 years in over evitable, when our troops are in the another 70,000 because of the war with half a billion pounds of food donations streets of Baghdad, when members of Iraq. Boeing has cut 30,000 workers. to our local communities. I hope every- the administration talk about the pos- They are all still waiting for that fi- one listening will participate on May 10 sibility of invasion of Iran and the pos- nancial assistance and extended unem- by leaving a box of nonperishable food sibility of invasion of Syria. ployment package. This is the moment when we need to Finally, today, here on the United next to their mailbox before their mail ask whether war is inevitable or not. States House of Representatives floor arrives. It will help the estimated 30 This is the moment when a Depart- for the first time, 18 months too late, million people who go hungry every ment of Peace can take steps to mak- we are going to take a vote on that day in America, including 12 million ing nonviolence an organizing principle issue; and we will see where people children. in our society and when we can create really stand, whether they are with the Congratulations to our letter carriers a structure in our government where workers or they just want to bail out for a job well done. we can strive to make war itself ar- the corporations. f chaic. GENERAL LEAVE Forty-seven Members of Congress f Mr. YOUNG of Florida. Madam have put their names on this legisla- REGULATORY TURMOIL tion because we are at a moment in the Speaker, I ask unanimous consent that history of our Nation and in the world (Mr. BACHUS asked and was given all Members may have 5 legislative where we need to be asking questions. permission to address the House for 1 days within which to revise and extend Is war inevitable? Forty-seven Mem- minute.) their remarks on the motion to go to bers of Congress say no. Is peace inevi- Mr. BACHUS. We should be particu- conference on H.R. 1559, making emer- table? The answer must be yes. larly concerned about the negative ef- gency wartime supplemental appro- fects which needless regulatory uncer- priations for the fiscal year ending f tainty and policy turmoil are having September 30, 2003, and for other pur- HOUSING ACTION RESOURCE on this country’s telecommunications poses, and that I may include tabular TRUST industry. and extraneous material. (Mr. GARY G. MILLER of California The SPEAKER pro tempore (Mrs. asked and was given permission to ad- b 1215 BIGGERT). Is there objection to the re- dress the House for 1 minute.) The United States’ economy is very quest of the gentleman from Florida? Mr. GARY G. MILLER of California. dependent on an efficient and effective There was no objection. Madam Speaker, one of the main bar- telecommunication industry and the f riers of homeownership today is the links they provide. Maintaining these APPOINTMENT OF CONFEREES ON down payment requirement from indi- important systems and building new H.R. 1559, EMERGENCY WARTIME viduals that do not have the money. Do advanced networks we are going to SUPPLEMENTAL APPROPRIA- down payment assistance programs need requires a climate of regulatory TIONS ACT, 2003 work? They do. stability. No one is going to invest One example is in Rancho heavily if they do not know what the Mr. YOUNG of Florida. Madam Cucamonga, California. The Housing fundamental rules of the game are. Speaker, I ask unanimous consent to Action Resource Trust, called HART, The 1996 Telecommunications Act en- take from the Speaker’s table the bill was formed in 1995; and in 1998, they visions the FCC coming up with a (H.R. 1559) making emergency wartime started giving homeowners down pay- workable, judicially sustainable, com- supplemental appropriations for the ment assistance, and it is all private petitive framework in short order. fiscal year ending September 30, 2003, funds. Not a dollar of it is government Seven years have passed since the act and for other purposes, with a Senate funds. was signed into law, and according to amendment thereto, disagree to the What they have done is help 40,000 most authorities, the FCC’s latest deci- Senate amendment, and agree to the families actually achieve homeowner- sion is almost certain to be reversed conference asked by the Senate. ship, and it is significant. Like I said, and remanded once more. The SPEAKER pro tempore. Is there not a dime of it is government funds. In closing, Congress has a responsi- objection to the request of the gen- The HART gift funds can be used for bility to the shareholders of these com- tleman from Florida? down payment, closing costs, prepaid panies, to the hundreds of thousands of There was no objection. payments that can be used to remit employees, and, most of all, to millions MOTION TO INSTRUCT OFFERED BY MR. OBEY buy-downs; and the main obstacle we of consumers to end this turmoil. It is Mr. OBEY. Madam Speaker, I offer a have for moving people from apart- not good for anyone. motion to instruct.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.011 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2871 The SPEAKER pro tempore. The They are out here once again asking (Mr. HOYER asked and was given Clerk will report the motion. the taxpayers to help finance their sur- permission to revise and extend his re- The Clerk read as follows: vival. Now, we have had some of those marks.) Mr. OBEY moves that the managers on the airlines go bankrupt not once, not Mr. HOYER. Madam Speaker, I rise part of the House at the conference on the twice, but three times. I asked on the in support of the motion to instruct. disagreeing votes of the two Houses on the House floor last week how many times Madam Speaker, I urge all of my colleagues Senate amendment to the bill, H.R. 1559, re- Continental Airlines had to go bank- to support this Democratic motion to instruct cede to the Senate on section 409 of the Sen- rupt before they were bankrupt. I still House conferees on the supplemental appro- ate amendment, providing 26 weeks of addi- tional temporary extended unemployment have not received an answer. priations bill. compensation for displaced airline related Now, I will fully grant that given the It’s just. It’s fair. And it enjoys bipartisan workers. serious nature of the war, given the im- support in both the House and the Senate, The SPEAKER pro tempore. The gen- pact of 9/11, and given the fact that the even if the Bush administration has labeled it airlines are a crucial part of our econ- tleman from Wisconsin (Mr. OBEY) will ‘‘objectionable.’’ be recognized for 30 minutes, and the omy and our transportation system, I In short, this motion would instruct House would fully grant that some kind of co- conferees to recede to the Senate provision gentleman from Florida (Mr. YOUNG) will be recognized for 30 minutes. operative relationship between us and providing an additional 26 weeks of unemploy- The Chair recognizes the gentleman the airlines will be necessary in order ment compensation to workers in the air trans- from Wisconsin (Mr. OBEY). to keep this economy healthy. But it portation industry. Mr. OBEY. Madam Speaker, I yield seems to me that we ought to have This industry and its workers have borne the myself 8 minutes. some systematic way to assure that brunt of the continuing war on terrorism and Madam Speaker, American citizens when we are bailing out the airline in- have been wracked by our sluggish economy. often hear Members of Congress talk in dustry and its executives, that at least In fact, the industry is expected to lose $6.7 terms that they do not understand. some of those taxpayers’ dollars wind billion this year. They hear us talking about Blue Dogs, up trickling down to the workers who Approximately 200,000 airline workers have Blue Dog Democrats, they hear us keep those airlines moving in the first lost their jobs since September 11, 2001, and talking about Yellow Dog Democrats. place. another 70,000 workers are expected to be Sometimes they see us acting like lap So that is the purpose of this amend- laid off. dogs, and today I am afraid that the ment. Last week, the world’s largest carrier, AMR House may wind up genuflecting to Top ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Corporation’s American Airlines, averted Dogs, because that has been the gen- The SPEAKER pro tempore. The Chapter 11 bankruptcy by negotiating $1.8 bil- eral pattern on the issue that I am Chair will remind all persons in the lion in labor concessions. And U.S. Airways only recently emerged raising this afternoon. gallery that they are here as guests of After 9/11, the Congress passed a $15 the House, and that any manifestation from bankruptcy after winning approval for billion airline assistance package, $5 of approval or disapproval of pro- $900 million federal loan guarantee. billion in direct cash payments and $10 ceedings or other audible conversation Last week, I also had the opportunity to billion in direct loans and loan guaran- is in violation of the rules of the meet with representatives of the industry and tees. The Congress was asked at the House. airline workers. And they know that their fate is inextricably same time, and a number of us have Mr. OBEY. I assume that does not linked; that one cannot survive without the tried to get it done, but Congress had come out of my time, Madam Speaker. The SPEAKER pro tempore. It does other. asked at the same time that we were not. Today, through this motion, we recognize bailing out the airline industry to also Mr. OBEY. So, as I was saying, lest that and say: What’s fair for the industry is fair recognize workers within that same in- anyone think that it is not needed, the for workers. dustry who were also losing their jobs airline industry itself estimates that In fact, members on both sides of the aisle and should have some help from the we have had a 15 percent increase in want to help. government. The Congress responded unemployment in that industry since 9/ This motion would instruct conferees to by saying, no, thank you. 11, and since January 1, we have seen agree to a provision that is very similar to bi- Now, the bill that the House passed another 15,000 layoffs. partisan legislation introduced last week by last week contained $3.2 billion in cash So I would ask the Members of this our colleagues, Mr. ENGLISH of Pennsylvania payments for the airline industry on House today to, for a change, let us not and Mr. OBERSTAR of Minnesota [H.R. 1553, this go-round and the Senate bill con- institutionally genuflect to the top the ‘‘Air Transportation Employees Assistance tained a figure of slightly over $2 bil- dogs in this society. Let us keep in Act’’]. lion. We are here today again to ask mind the needs of the underdogs and The Senate has already passed a plan to that if we are going to be bailing out provide at least some modicum of as- extend unemployment insurance benefits in its the airline industry that we also pro- sistance to the workers I am talking version of this legislation. vide some $275 million in assistance to about. The Members of this body should do the the workers in that same industry by Let me also explain that there will be same thing to aid this struggling industry, and providing an additional 26 weeks of a rollcall on this vote. I know that it its workers and their families. temporary extended unemployment may be possible that this motion could That’s precisely what this motion to instruct benefits for displaced airline-related be adopted on a voice vote. But frank- seeks. workers. ly, if we were to simply have a voice I urge my colleagues to support it. Now, the administration has let it be vote, it would not mean anything to Mr. OBEY. Madam Speaker, I yield 5 known what their position is, and es- anybody. It would be very easy to jet- minutes to the gentlewoman from Cali- sentially they are opposed to this pro- tison this language in conference. fornia (Ms. PELOSI), the distinguished posal. And what they are telling Con- So I think to assure that this vote is minority leader. gress is that, instead, we should work a meaningful vote, let the chips fall The SPEAKER pro tempore. If we with the administration to make sure where they may in terms of passage. may go first to the gentleman from that any aid package is appropriately To assure that it is a meaningful vote Florida (Mr. YOUNG). scaled and ‘‘appropriately based on free and not just a sleight of hand so Mem- Mr. YOUNG of Florida. Madam market principles.’’ Well, I guess I am bers can say, ‘‘Well, do not worry, air- Speaker, I yield myself such time as I kind of new around here and naive line worker, I voted with you. Of may consume. around here, and I am not quite sure course, it was not a rollcall vote, and I am sorry. Did the gentlewoman what those ‘‘free market’’ principles of course the leadership made us turn wish to go? I will always yield to the are when it comes to the airline indus- around in conference so that there gentlewoman from California. try. would not be any.’’ But I would urge Ms. PELOSI. I am pleased to yield to To me, I think that the airline indus- Members to vote for the motion. the gentleman from Florida. try is a let’s pretend industry, run by Madam Speaker, I yield such time as Mr. OBEY. Madam Speaker, if the let’s pretend capitalists who are on the he may consume to the gentleman gentlewoman would yield to me brief- public dole, and I do not mean Bob. from Maryland (Mr. HOYER). ly, let me explain that I thought we

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.013 H08PT1 H2872 CONGRESSIONAL RECORD — HOUSE April 8, 2003 had an understanding that I would ex- line industry. So there is plenty of announces that she will postpone fur- plain the motion, that the gentle- money to handle this issue, but I am ther proceedings today on each motion woman would make her comments, and going to vote against it because of the to suspend the rules on which a re- then the gentleman would close and we problems it could cause as we go to corded vote or the yeas and nays are could yield back the balance of our conference. ordered, or on which the vote is ob- time. We have a tight schedule. The com- jected to under clause 6 of rule XX. Mr. YOUNG of Florida. Madam mittees on both sides of the aisle have Any record votes on postponed ques- Speaker, I apologize to the gentleman. worked extremely well. Just a few days tions will be taken later today. after receiving the President’s request, I guess I did not understand exactly. f But that is fine with me. No problem the Committee on Appropriations re- NUTRIA ERADICATION AND whatsoever. ported the bill to the House. As Mem- Mr. OBEY. Fine. Madam Speaker, I bers know, last Thursday we passed CONTROL ACT OF 2003 yield 5 minutes to the gentlewoman this bill with an overwhelming vote in Mr. GILCHREST. Madam Speaker, I from California (Ms. PELOSI). the House. move to suspend the rules and pass the Ms. PELOSI. Madam Speaker, I However, there are some significant bill (H.R. 273) to provide for the eradi- thank the gentleman from Wisconsin differences between our bill and the cation and control of nutria in Mary- bill presented by the other body. I just (Mr. OBEY) for yielding me this time, land and Louisiana. have the feeling this is going to be a and if that is not pleasing to the distin- The Clerk read as follows: fairly difficult conference because, guished chairman of the committee, I H.R. 273 while the House kept the bill very am pleased to yield to him first. If it is clean and close to what the President Be it enacted by the Senate and House of Rep- okay, then I will proceed. resentatives of the United States of America in requested, to fight the war and provide Madam Speaker, once again I wish to Congress assembled, for homeland security and to support thank the gentleman from Wisconsin those of our coalition who are helping SECTION 1. SHORT TITLE. (Mr. OBEY) for his leadership on this This Act may be cited as the ‘‘Nutria us in this war effort, the other body, Eradication and Control Act of 2003’’. important issue, important to Amer- frankly, added quite a few things that SEC. 2. FINDINGS AND PURPOSES. ica’s workers. Today, we have an op- were extraneous to the wartime issue; portunity to do the right thing for (a) FINDINGS.—The Congress finds the fol- and that is going to make the con- lowing: America’s aviation workers. ference a little difficult. Both the House and Senate versions (1) Wetlands and tidal marshes of the I want to get this conference com- Chesapeake Bay and in Louisiana provide of the supplemental appropriations bill pleted. Leadership has advised me, as significant cultural, economic, and ecologi- include financial assistance for the air- well as most of the Members, that we cal benefits to the Nation. lines, as they should. Aviation is an es- are not going to take our Easter dis- (2) The South American nutria (Myocastor sential cornerstone of the U.S. econ- trict work period recess until this bill coypus) is directly contributing to substan- omy. Both the House and Senate bills has left the Congress and has gone to tial marsh loss in Maryland and Louisiana focus primarily on mitigating for the the President since it is important to on Federal, State, and private land. cost of security provisions required by what the President is doing in Iraq. I (3) Traditional harvest methods to control the Federal Government, as those bills or eradicate nutria have failed in Maryland will vote against this motion. I want to and have had limited success in the eradi- should have that funding. But we can- again emphasize we need to move this cation of nutria in Louisiana. Consequently, not ignore the workers who form the bill quickly. If the conference gets tied marsh loss is accelerating. backbone of the aviation industry. up for more than 2 days, we will not get (4) The nutria eradication and control pilot Madam Speaker, at least 150,000 this bill to the floor in time for the program authorized by Public Law 105–322 is workers in the aviation industry have House to take its usual Easter recess. to develop new and effective methods for lost their jobs since 9/11, including In addition, I am opposed to motions to eradication of nutria. those who work for the airlines and re- instruct in general. I have no objection (b) PURPOSE.—The purpose of this Act is to lated industries. Many of these workers to what the gentleman wants to do, but authorize the Secretary of the Interior to it is just procedural for me. I think it provide financial assistance to the State of have exhausted their unemployment Maryland and the State of Louisiana for a benefits, and that was months ago. But could complicate the conference on program to implement measures to eradicate with the industry still contracting, this very important wartime supple- or control nutria and restore marshland new jobs are impossible to find. Thou- mental. damaged by nutria. sands more airline workers have lost Madam Speaker, I yield back the bal- SEC. 3. NUTRIA ERADICATION PROGRAM. their jobs since the Iraq war began and ance of my time. (a) GRANT AUTHORITY.—The Secretary of layoffs in the industry could reach The SPEAKER pro tempore (Mrs. the Interior (in this Act referred to as the 70,000 more. Concern about the expo- BIGGERT). Without objection, the pre- ‘‘Secretary’’), subject to the availability of sure to the deadly SARS disease in vious question is ordered. appropriations, may provide financial assist- There was no objection. Asia is now reducing air travel from ance to the State of Maryland and the State The SPEAKER pro tempore. The of Louisiana for a program to implement the U.S. to Asia even further. question is on the motion to instruct measures to eradicate or control nutria and The Senate has included $225 million offered by the gentleman from Wis- restore marshland damaged by nutria. for extended unemployment compensa- consin (Mr. OBEY). (b) GOALS.—The goals of the program shall tion for aviation workers. The House The question was taken; and the be to— should recede to the Senate position. Speaker pro tempore announced that (1) eradicate nutria in Maryland; the ayes appeared to have it. (2) eradicate or control nutria in Louisiana b 1230 and other States; and Mr. OBEY. Madam Speaker, I object Madam Speaker, it is the least that (3) restore marshland damaged by nutria. to the vote on the ground that a we can do. I urge Members to vote for (c) ACTIVITIES.—In the State of Maryland, quorum is not present and make the the Secretary shall require that the program relief for aviation workers. To support point of order that a quorum is not the Obey motion to instruct conferees, consist of management, research, and public present. education activities carried out in accord- vote for the motion to instruct. The SPEAKER pro tempore. Pursu- ance with the document published by the Mr. OBEY. Madam Speaker, I yield ant to clause 8 of rule XX, further pro- United States Fish and Wildlife Service enti- back the balance of my time. ceedings on this motion will be post- tled ‘‘Eradication Strategies for Nutria in Mr. YOUNG of Florida. Madam poned. the Chesapeake and Delaware Bay Water- Speaker, I yield myself such time as I The point of no quorum is considered sheds’’, dated March 2002. may consume. withdrawn. (d) COST SHARING.— Madam Speaker, I am not really op- (1) FEDERAL SHARE.—The Federal share of f posed to what the gentleman is sug- the costs of the program may not exceed 75 percent of the total costs of the program. gesting here. The Committee on Appro- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (2) IN-KIND CONTRIBUTIONS.—The non-Fed- priations did add $3.2 billion to the eral share of the costs of the program may be wartime supplemental to deal with air- The SPEAKER pro tempore. Pursu- provided in the form of in-kind contributions line issues and to be helpful to the air- ant to clause 8 of rule XX, the Chair of materials or services.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.018 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2873 (e) LIMITATION ON ADMINISTRATIVE EX- Federal and State partners is needed to valuable fish and wildlife habitat. This PENSES.—Not more than 5 percent of finan- complete these models over the next 5 legislation is noncontroversial and cial assistance provided by the Secretary years. should also help conserve coastal wet- under this section may be used for adminis- This semi-aquatic, nonnative rodent lands, something which is very impor- trative expenses. (f) AUTHORIZATION OF APPROPRIATIONS.— has no natural predators in Maryland, tant to my district. I support H.R. 273 For financial assistance under this section, and they have consumed nearly half of and urge Members to do likewise. there is authorized to be appropriated to the the marsh lands on Blackwater Na- Madam Speaker, I yield back the bal- Secretary $4,000,000 for the State of Mary- tional Wildlife Refuge. These marshes ance of my time. land program and $2,000,000 for the State of are vital to the survival of millions of Mr. GILCHREST. Madam Speaker, I Louisiana program for each of fiscal years migratory waterfowl, bold and golden yield myself such time as I may con- 2004, 2005, 2006, 2007, and 2008. eagles, and neotropical songbirds. The sume to close. SEC. 4. REPORT. remaining acreage of Blackwater is in Madam Speaker, I thank the leader- No later than 6 months after the date of serious peril. Unless nutria are ship on the other side of the aisle for the enactment of this Act, the Secretary and moving this legislation. We appreciate the National Invasive Species Council shall— stopped, they will continue to destroy wetlands in Blackwater and other ref- the cooperation we have had from the (1) give consideration to the 2002 report for Democrats, as well as staff on both the Louisiana Department of Wildlife and uges on the Delmarva peninsula, and Fisheries titled ‘‘Nutria in Louisiana’’, and marshlands along the Atlantic coast sides. I urge Members to vote for this the 2002 document entitled ‘‘Eradication and the Gulf of Mexico. very important piece of legislation. Strategies for Nutria in the Chesapeake and H.R. 273 will authorize Public Law Mr. TAUZIN. Madam Speaker, Nutria is a Delaware Bay Watersheds’’; and 105–322, and it will implement the next rodent native to South America. They weigh (2) develop, in cooperation with the State step in the process, which is the eradi- approximately 18 pounds and resemble a bea- of Louisiana Department of Wildlife and cation of nutria in Maryland as well as ver. In the 1930’s, they were introduced into Fisheries and the State of Maryland Depart- Louisiana. Studies indicate that female nutria ment of Natural Resources, a long-term nu- the restoration of damaged wetlands. In their testimony, the U.S. Fish and are capable of producing up to 15 young per tria control or eradication program, as ap- year. By 1943, they were well established in propriate, with the objective to significantly Wildlife Service stated: ‘‘We recognize our state. The population of nutria in Louisiana reduce and restore the damage nutria cause the need to continue cooperative ef- reached levels of 20 million—many times high- to coastal wetlands in the States of Lou- forts to eradicate nutria in the Chesa- isiana and Maryland. er than any other state in the country. peake Bay region and will continue as The preferred habitat of this rodent is wet- The SPEAKER pro tempore. Pursu- a key Federal member of the nutria ant to the rule, the gentleman from land areas. They often dig intricate tunnel and eradication partnership.’’ burrow systems in their home range. Nutria Maryland (Mr. GILCHREST) and the gen- In addition, H.R. 273 authorizes have been known to eat rice, sugarcane, fruit tlewoman from the Virgin Islands (Mrs. money to alleviate the tremendous and nut trees and seedlings of bald cypress, CHRISTENSEN) each will control 20 min- problems that nutria have caused in but prefer wetlands plants. Studies suggest utes. Louisiana. According to the Louisiana that they waste 90 percent of plant material The Chair recognizes the gentleman Department of Wildlife and Fisheries, while feeding on the base and root system. from Maryland (Mr. GILCHREST). these pesky rodents have damaged or This root system ‘‘holds’’ our fragile wetlands Mr. GILCHREST. Madam Speaker, I destroyed over 100,000 acres of wetlands yield myself such time as I may con- areas together. When the root systems are in their State. destroyed, so are the wetlands. sume. Under the terms of the bill, the Sec- Researchers in Louisiana have fenced off Madam Speaker, I am pleased to retary of the Interior will undertake areas of wetland plants in known nutria breed- offer this measure along with the gen- steps to control or eradicate nutria in ing areas. The protected area have had wet- tleman from Louisiana (Mr. TAUZIN). the two states and together with the lands plants exceed six feet in height, while The fundamental goal of this legisla- National Invasive Species Council de- the unprotected areas have literally turned into tion is to effectively address the grow- velop a long-term nutria control and mud, and eventually, open water. Between ing problem of nutria that are destroy- eradication program. 2000 and 2001, the area of marsh converted ing thousands of acres of essential wet- Madam Speaker, H.R. 273 will help to to open water increased by over 4500 acres land habitat. It also reauthorizes a 1998 solve serious problems facing Mary- as a results of nutria damage. These rodents law that created a pilot nutria program land’s Eastern Shore and Louisiana’s have damaged or destroyed over 100,000 in Maryland at Blackwater National marshlands. It will serve as a model for acres in Louisiana. Wildlife Refuge, Fishing Bay Wildlife other States that may face the pros- The State of Louisiana has spent millions of Management Area, and Tudor farms. pect of fighting against an invading dollars responding to this crisis. Nutria have Since that time, Federal, State and population of nutria. I urge Members been used as a source of fur, their meat has local partners have worked together in to vote for H.R. 273. been placed on numerous restaurant menus Maryland to develop a nutria eradi- Madam Speaker, I reserve the bal- and marketed by Louisiana’s top chefs, they cation strategy and to test restoration ance of my time. have been used as a food source for alligators methods on the damaged marsh. Lou- Mrs. CHRISTENSEN. Madam Speak- in farming operations and the Audubon Zoo in isiana is working on a nutria control er, I yield myself such time as I may New Orleans used them in their animal feed. strategy and monitoring marsh recov- consume. In 2001 dollars, pelts sold at levels as high as ery. These are both carefully crafted (Mrs. CHRISTENSEN asked and was $31 each in 1931, $23 each in 1977, and proposals which will systematically ad- given permission to revise and extend today, $2.18 per pelt. In the late 1970’s, trap- dress nutria population control and her remarks.) pers removed up to 1.9 million nutria per year. marsh damage. They represent the cul- Mrs. CHRISTENSEN. Madam Speak- More recently, despite the best efforts of the mination of scientific understanding er, as stated by the gentleman from state, only 987 trapping licenses were sold about nutria population, dynamics and Maryland (Mr. GILCHREST), the overall and less than 30,000 nutria were taken. marsh impacts. purpose of this legislation is to better The American alligator is the most signifi- Because of the nutria’s incredible coordinate and provide financial assist- cant natural predator of nutria. In Louisiana, ability to proliferate, partnerships in ance to the States of Maryland and where alligator are most abundant, nutria com- both States must act aggressively to Louisiana in their efforts to eradicate prise up to 60 percent of alligator diet. How- avoid population increases that could and/or control nutria, a large member ever, efforts to control the growing nutria pop- nullify previous effort and investment of the rodent family that has deci- ulation with alligator have proven insufficient. of public and private resources. Both mated wetland areas in both States. In fact, efforts to increase the alligator popu- Maryland and Louisiana are serious Madam Speaker, no one denies the lation to control nutria only resulted in a de- about nutria control and have contrib- fact that nutria have become far too crease of nutria in the alligator’s diet and an uted several million in non-Federal abundant in some regions of both increase in nutria trappers in alligator’s diets. funds, and both are committed to pro- States. In addition, it is the consensus I am happy to join my friend from Maryland, viding models for the control of nutria of wildlife biologists that greater effort Congressman GILCHREST, in this effort to pro- in the 14 other States in which they are should be undertaken now to control tect our fragile wetland areas from future de- found. Full commitment from both this invasive pest before it ruins more struction by passage of H.R. 273. As you

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\A08AP7.005 H08PT1 H2874 CONGRESSIONAL RECORD — HOUSE April 8, 2003 know, more endangered species depend upon Madam Speaker, H.R. 108, which rective saying we are going to charge the habitat provided by wetlands than any amends the Education Land Grant Act school district X staff time for Federal other environment for survival. In coastal to require the Secretary of Agriculture workers to work on this. This is a dis- areas, each mile of vegetated wetland also re- to pay the costs of environmental re- connection between the intent of Con- duces storm surge by one foot—protecting views, is an important piece of legisla- gress, the assent of the executive these areas will save FEMA money in future tion for many schools, many school branch, and the execution by a bu- natural disasters. districts, but most of all for many stu- reaucracy. This bill recognizes the wetland destruction dents across the United States of Madam Speaker, the costs associated caused by nutria in Louisiana and authorizes America. with the conveyance under ELGA are the Department of Interior to become a partner Currently the new Education Land truly minimal to the Forest Service, a in our state’s ongoing efforts to prevent further Grant Act enacted in the 106th Con- drop in the bucket for that agency. damage to inland and coastal wetland areas gress allows the Forest Service to con- Here is the problem: Those same costs as a result of nutria. vey up to 80 acres of its land to school can prove absolutely prohibitive to Mr. GILCHREST. Madam Speaker, I districts to renovate, expand, or con- school districts seeking to expand their yield back the balance of my time. struct school facilities. The act re- facility. Indeed, Madam Speaker, the quires that land conveyed is identified intent of the legislation was to offer b 1245 for disposal in the particular forest’s this land at minimal costs to school The SPEAKER pro tempore (Mrs. plan and that the conveyance cost of districts, and our studies have borne BIGGERT). The question is on the mo- the survey is borne by the applicant. out that in 44 of our 50 States this will tion offered by the gentleman from The Forest Service has determined this have a positive impact primarily for Maryland (Mr. GILCHREST) that the cost to be $10 per acre. rural districts, but the entire intent of House suspend the rules and pass the However, both conveyance of land the legislation was to allow those rural bill, H.R. 273. under this act and the forest plan districts to focus their financial re- The question was taken. amendment require an environmental sources where they are best used, help- The SPEAKER pro tempore. In the analysis under the National Environ- ing teachers teach and helping children opinion of the Chair, two-thirds of mental Policy Act known as NEPA. learn, not to be caught up in a bureau- those present have voted in the affirm- Presently the Education Land Grant cratic morass that would prove to be ative. Act and the interim Forest Service prohibitive to those districts. Mr. GILCHREST. Madam Speaker, manual fail to indicate who bears the So this particular piece of legisla- on that I demand the yeas and nays. cost of the environmental analysis. tion, Madam Speaker, H.R. 108, will re- The yeas and nays were ordered. Madam Speaker, this is the crucial quire the Forest Service to accept the The SPEAKER pro tempore. Pursu- point today. In implementing this law, full cost of the environmental analysis ant to clause 8 of rule XX and the the Forest Service staff has adminis- required by NEPA for these small land Chair’s prior announcement, further tratively determined that schools that conveyances. This would free local proceedings on this motion will be apply for a conveyance under this act school districts from burdensome ad- postponed. would need to pay for various adminis- ministrative costs, allow them to spend f trative costs, analyses, and environ- funds again on what is most important, mental compliance assessment. In fact, what goes on in the classroom for their REQUIRING SECRETARY OF AGRI- Madam Speaker, the interim directive CULTURE TO PAY COSTS OF EN- students. that has now finally been distributed The Education Land Grant Act was VIRONMENTAL REVIEWS WITH states various costs to be borne by initially passed by this Congress for RESPECT TO CONVEYANCES school districts, and, I quote now, the purpose of aiding local school dis- UNDER EDUCATION LAND GRANT ‘‘Nominal costs includes the nominal tricts. This legislation will simply di- ACT fee of $10 per acre conveyed, plus all rect the Forest Service to pay for any Mr. HAYWORTH. Madam Speaker, I costs directly associated with the environmental analysis costs, allowing move to suspend the rules and pass the project that the Forest Service may the Act to achieve its original intent of bill (H.R. 108) to amend the Education incur to evaluate and process a school improving communities and benefiting Land Grant Act to require the Sec- district’s request to acquire National school children across the United retary of Agriculture to pay the costs Forest Service lands under ELGA, such States. of environmental reviews with respect as, costs associated with National En- Madam Speaker, I would ask my col- to conveyances under that Act. vironmental Policy Act compliance, leagues to join me in support of this The Clerk read as follows: document preparation, surveys, posting legislation. H.R. 108 of property monuments, markers, or Madam Speaker, I reserve the bal- Be it enacted by the Senate and House of Rep- posts, and recordation.’’ ance of my time. resentatives of the United States of America in In fact, another memo mentioned Mrs. CHRISTENSEN. Madam Speak- Congress assembled, that even staff time, that even staff er, I yield myself such time as I may SECTION 1. COSTS OF REVIEWS FOR CONVEY- time used to process requests will need consume. ANCES UNDER EDUCATION LAND to be paid by school districts. (Mrs. CHRISTENSEN asked and was GRANT ACT. Madam Speaker, my colleagues, what given permission to revise and extend Section 202 of the Education Land Grant we have here is a disconnection. In the her remarks.) Act (16 U.S.C. 479a) is amended by adding at 106th Congress this body passed the the end the following: Mrs. CHRISTENSEN. Madam Speak- ‘‘(f) COSTS OF REVIEW.—The Secretary shall new Education Land Grant Act unani- er, H.R. 108 would require the Sec- pay the costs of all action required under mously. The other body did likewise. It retary of Agriculture to pay the costs section 102(2)(C) of the National Environ- was signed into law by President Clin- of environmental reviews conducted mental Policy Act of 1969 (42 U.S.C. ton in his final days of office. Here we pursuant to the Educational Land 4332(2)(C)) with respect to any conveyance have a textbook example of elected of- Grant Act. The majority and my col- under this section.’’. ficials, constitutional officers, doing league have already clearly and very The SPEAKER pro tempore. Pursu- their job. As the author of the new passionately explained the bill, and we ant to the rule, the gentleman from Ar- Education Land Grant Act, it was have no objection. So we support H.R. izona (Mr. HAYWORTH) and the gentle- never my intent for a governmental bu- 108. woman from the Virgin Islands (Mrs. reaucracy to determine administra- Madam Speaker, I yield back the bal- CHRISTENSEN) each will control 20 min- tively that they were going to charge ance of my time. utes. the rural school districts of America Mr. HAYWORTH. Madam Speaker, I The Chair recognizes the gentleman for their staff time. Indeed, Madam thank the gentlewoman from the Vir- from Arizona (Mr. HAYWORTH). Speaker, if I am not mistaken, anyone gin Islands (Mrs. CHRISTENSEN) for her Mr. HAYWORTH. Madam Speaker, I in the employment of the United favorable comments. yield myself such time as I may con- States Government serves the people, Madam Speaker, I yield back the bal- sume. and here we have an administrative di- ance of my time.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.025 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2875 The SPEAKER pro tempore. The the United States, providing for the preser- create a new park unit, but rather allows the question is on the motion offered by vation and use of the McLoughlin House as a House to be administered as part of an exist- the gentleman from Arizona (Mr. national historic site. ing unit. (6) The Association has had an exemplary HAYWORTH) that the House suspend the The McLoughlin House National Historic and longstanding role in the stewardship of Site is named for Dr. John McLoughlin, the rules and pass the bill, H.R. 108. the Historic Site but is unable to continue The question was taken. that role. ‘‘Father of Oregon’’ who established the fa- The SPEAKER pro tempore. In the (7) The Historic Site has been an affiliated mous British Hudson Bay Company in Van- opinion of the Chair, two-thirds of area of the National Park System and is couver, Washington in 1825. Dr. McLoughlin those present have voted in the affirm- worthy of recognition as part of the National supplied American pioneers with the goods ative. Park System. they needed to settle and survive at their new Mr. HAYWORTH. Madam Speaker, SEC. 3. MCLOUGHLIN HOUSE NATIONAL HIS- home in Oregon. on that I demand the yeas and nays. TORIC SITE. The House passed the same language in The yeas and nays were ordered. (a) ACQUISITION.—The Secretary is author- this bill during the 107th Congress as part of ized to acquire the Historic Site, from will- a larger package. The bill still enjoys the same The SPEAKER pro tempore. Pursu- ing sellers only, by donation, purchase with ant to clause 8 of rule XX and the donated or appropriated funds, or exchange, broad support that it did last Congress and I Chair’s prior announcement, further except that lands or interests in lands owned urge my colleagues to support it. proceedings on this motion will be by the City may be acquired by donation Madam Speaker, I reserve the bal- postponed. only. ance of my time. (b) BOUNDARIES; ADMINISTRATION.—Upon Mrs. CHRISTENSEN. Madam Speak- f acquisition of the Historic Site, the acquired er, I yield myself such time as I may McLOUGHLIN HOUSE NATIONAL property shall be included within the bound- consume. HISTORIC SITE ACT aries of, and be administered as part of, the (Mrs. CHRISTENSEN asked and was Fort Vancouver National Historic Site in ac- Mr. GILCHREST. Madam Speaker, I given permission to revise and extend cordance with all applicable laws and regula- her remarks.) move to suspend the rules and pass the tions of the National Park System. bill (H.R. 733) to authorize the Sec- Mrs. CHRISTENSEN. Madam Speak- The SPEAKER pro tempore. Pursu- er, the McLoughlin House National retary of the Interior to acquire the ant to the rule, the gentleman from McLoughlin House National Historic Historic Site in Oregon honors the Maryland (Mr. GILCHREST) and the gen- achievements of John McLoughlin, Site in Oregon City, Oregon, and to ad- tlewoman from the Virgin Islands (Mrs. minister the site as a unit of the Na- commonly referred to as the ‘‘Father of CHRISTENSEN) each will control 20 min- tional Park System, and for other pur- Oregon.’’ The site has been preserved utes. and managed by the McLoughlin Me- poses. The Chair recognizes the gentleman The Clerk read as follows: morial Association since its designa- from Maryland (Mr. GILCHREST). tion as a national historic site in 1941. H.R. 733 Mr. GILCHREST. Madam Speaker, I Unfortunately, the association is no Be it enacted by the Senate and House of Rep- yield myself such time as I may con- longer in a position to be the primary resentatives of the United States of America in sume. Congress assembled, management entity for this nationally Madam Speaker, H.R. 733, introduced very significant site and is therefore SECTION 1. SHORT TITLE; DEFINITIONS. by the gentlewoman from Oregon (Ms. (a) SHORT TITLE.—This Act may be cited as seeking Federal acquisition of the site. HOOLEY) authorizes the Secretary of Once acquired, the site will be man- the ‘‘McLoughlin House National Historic the Interior to acquire the McLoughlin Site Act’’. aged as part of the nearby Fort Van- House National Historic Site in Oregon (b) DEFINITIONS.—For the purposes of this couver National Historic Site. Act, the following definitions apply: City, Oregon, and to administer it as The gentlewoman from Oregon (Ms. (1) ASSOCIATION.—The term ‘‘Association’’ part of the existing Fort Vancouver HOOLEY) has worked tirelessly on be- means the McLoughlin Memorial Associa- National Historic Site, which has al- half of this legislation and is to be tion, an organization described in section ready been established as a unit of the commended for her diligence and perse- 501(c)(3) of the Internal Revenue Code of 1986 National Park System. verance. The McLoughlin House site and exempt from taxation under section I would like to say after reading 501(a) of such Code. might have well begun to suffer serious some of the information before us here deterioration had she not stepped in to (2) CITY.—The term ‘‘City’’ means Oregon this morning that I want to thank the City, Oregon. preserve this important historic re- gentlewoman from Oregon (Ms. (3) HISTORIC SITE.—The term ‘‘Historic source. Site’’ means the McLoughlin House National HOOLEY) for bringing this to the floor’s Madam Speaker, I yield such time as Historic Site which is described in the Act- attention and that the ‘‘father of Or- she may consume to the gentlewoman ing Assistant Secretary of the Interior’s egon,’’ as it is stated here, Dr. John from Oregon (Ms. HOOLEY). Order of June 27, 1941, and generally depicted McLoughlin from the Hudson Bay Com- Ms. HOOLEY of Oregon. Madam on the map entitled ‘‘McLoughlin House Na- pany, provided many weary travelers Speaker, I thank my colleague for tional Historic Site’’, numbered 007/80,000, with the goods and the resources and yielding me this time. and dated 12/01/01, and includes the McLough- the comfort that they needed as they lin House, the Barclay House, and other asso- I thank my colleague from Maryland ciated real property, improvements, and per- traversed this great continent. for his kind words. sonal property. H.R. 733, introduced by Congresswoman I rise today in appreciation of my (4) SECRETARY.—The term ‘‘Secretary’’ DARLENE HOOLEY, authorizes the Secretary of colleagues who made bringing this bill means the Secretary of the Interior. the Interior to acquire the McLoughlin House to the floor possible. SEC. 2. FINDINGS. National Historic Site in Oregon City, Oregon, Standing 6 foot 4 inches tall, Dr. Congress finds the following: and to administer it as part of the existing Fort John McLoughlin cast a giant of a (1) On June 27, 1941, Acting Assistant Sec- Vancouver National Historic Site, which has shadow on the early development of retary of the Interior W.C. Mendenhall, by already been established as a Unit of the Na- the Oregon frontier. For 21 years his means of the authority granted the Sec- tional Park System. The McLoughlin House, powerful voice was the only influence retary under section 2 of the Historic Sites of law and order over an empire 21⁄2 Act of August 21, 1935, established the an Affiliated Area of the National Park System, McLoughlin Home National Historic Site, lo- has long been the beneficiary of a close work- times the size of Texas. He had abso- cated in the City. ing relationship between the managing entity, lute control, and he maintained it (2) Since January 16, 1945, the site has been the McLoughlin Memorial Association, and its peacefully and profitably with a bal- known as McLoughlin House National His- partner, the National Park Service. The ance of justice. With an overwhelming toric Site. McLoughlin Memorial Association is no longer sense of compassion and generosity be- (3) The Historic Site includes the in a position to be able to support and man- yond reproach, it is little wonder that McLoughlin House and Barclay House, which age the National Historic Site. Consequently, he was regarded by native Americans are owned and managed by the Association. as a ‘‘Great White Eagle.’’ John (4) The Historic Site is located in a Charter this bill will enable the National Park Service Park on Oregon City Block 40, which is to essentially exchange roles with the associa- McLoughlin did indeed walk tall and owned by the City. tion to preserve this important historical treas- cast the greatest shadow that ever fell (5) A cooperative agreement was made in ure, while continuing to use the association as so humbly on the changing face of Or- 1941 among the Association, the City, and a resource. At the same time, the bill does not egon.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.027 H08PT1 H2876 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Born in 1784 near Quebec, Canada, pathized with the overwhelmed and Again, I thank all my colleagues for McLoughlin began his medical appren- often unprepared settlers. He extended their time and effort. ticeship at age 14. In 1803 at the ripe credit so they could purchase supplies, Mrs. CHRISTENSEN. Madam Speak- old age of 19, he was granted his license clothing and seed for planting, offered er, I yield such time as he may con- to practice surgery and pharmacy. food to those who were hungry, cared sume to the gentleman from Wash- Soon after, Dr. McLoughlin was ap- for those who took ill. This personal ington (Mr. BAIRD). pointed medical officer for the North decision by Dr. McLoughlin and the Mr. BAIRD. Madam Speaker, I thank West Company, fierce competitor of compassion he showed to these settlers the distinguished ranking member for Hudson’s Bay Company in the fur proved critical to establishing Amer- yielding me time, and my dear friend, trade. He continued there until 1821, ican settlers and solidified U.S. claims the gentlewoman from Oregon (Ms. until his acquisition by Hudson, for to the territory. HOOLEY). whom he continued working. By 1845, Dr. McLoughlin’s disgust for As the proud Representative of In 1824 Dr. McLoughlin was sent to Hudson’s policy toward American set- America’s Vancouver, as our Mayor Fort George, now Astoria, Oregon, near tlers was so great he was unable to Royce Pollard likes to describe it, I am the mouth of the Columbia River. stay with the company. After his res- privileged to represent Fort Vancouver Charged with establishing administra- ignation, he purchased the company’s itself. tive headquarters and supply depot for land claim at Willamette Falls in Or- As the gentlewoman from Oregon the expanding fur company, he was egon City and built a residence for his (Ms. HOOLEY) explained, the chief fac- also tasked with creating a mercantile family, the McLoughlin House, and tor of Fort Vancouver in its early arm of the British Government with took up residence in 1846. years was none other than John the goal of monopolizing the fur trade McLoughlin remained a public figure McLoughlin. He distinguished himself and maintaining peace among the nu- through his retirement and became a in numerable ways. His help to the merous Indian tribes. U.S. citizen in 1849. He donated land for American settlers of this region was in- Upon arrival, he found the existing the jail, for a female seminary, and in valuable, and many, many people de- facility to be run down, the farmland 1851 was elected mayor of Oregon City. scribed his hospitality. to be poor, and the location that was in He died in his home 6 years later. Narcissa Whitman, the wife of fron- general unsuitable for his responsibil- In 1941, the McLoughlin House was tier evangelist Marcus Whitman, whose ities. To remedy these deficiencies, he designated a national historic site, the statue resides in this very building, de- moved the site northwest and built a first one in the West; and in 1957 Dr. scribed Vancouver at the time as the new settlement in Belle Vue Point, in John McLoughlin was named Father of ‘‘New York of the Pacific Ocean.’’ Now, what is now Washington State, and Oregon by the State legislature. mind you, it was a pretty small New named it Fort Vancouver. The new fort Clearly, Fort Vancouver and the York. It was a stockade-type fort. But was an imposing presence. It contained McLoughlin House have a long and sto- for those who had traveled that long all the necessities for settlement with ried history together. The intent of my journey across the Oregon Trail, it was a school library, pharmacy, chapel, legislation is to see that this history is a beacon of friendship, of health care, warehouses, smithy, and the largest continued by expanding the boundaries of food and of protection. Without John manufacturing facility west of the of Fort Vancouver National Historic McLoughlin, that would not have been Rockies. To the rear of the fort were Site to include the McLoughlin House possible. fields of grain, vegetables, and an or- National Historic Site. I am proud to represent Vancouver, I chard for fresh fruits. Currently, the McLoughlin House is am proud to represent Fort Vancouver, Dr. McLoughlin maintained friendly maintained and managed by a non- as we call it, ‘‘Vancouver, not B.C.; relationship with the local Indians, and profit group. For nearly 100 years, the Washington, not D.C.’’ in 1829 when a visiting ship brought a association has done admirable work to Madam Speaker, I commend the gen- terrible fever that spread like wildfire, preserve and maintain this historic tlewoman from Oregon (Ms. HOOLEY) he spent countless hours tending the treasure. However, over the past sev- for her initiative, and our ranking ill, trying to ease their suffering as eral years, the association has been un- member and the Chair of the com- much as he could. Despite his best ef- able to raise the funds required to pro- mittee for their initiative in preserving forts, the fever devastated the tribes vide the needed maintenance and up- this valued historical site. I urge its and killed more than 30,000 people over keep of the property that is now in passage, and I urge people to come visit the next 4 years. jeopardy of falling into disrepair. the birthplace of American history in Meanwhile, though, Fort Vancouver The McLoughlin House National His- the Pacific Northwest, Fort Vancouver, flourished under the guidance of Dr. toric Act would do what should have Washington. McLoughlin. Even though he had no been done 60 years ago, include these Mrs. CHRISTENSEN. Madam Speak- military forces, he was able to main- properties as part of the National Park er, I yield back the balance of my time. tain peace and order through his per- System, rather than creating a new Mr. GILCHREST. Madam Speaker, I sonality and hard work. He was a fig- unit of the National Park System. This yield myself such time as I may con- ure larger than life. legislation simply adds this historic sume. treasure to the existing Fort Van- Madam Speaker, I urge my col- b 1300 couver National Historic Site, which is leagues to vote for H.R. 733. I thank my His good relationship with the local already administered by the park sys- friend, the gentlewoman from the Vir- Indians kept the peace on that front, tem. gin Islands (Mrs. CHRISTENSEN), on the and it was not until his departure that I believe this addition will preserve other side and the staff on both sides of any unrest developed from that quar- in perpetuity the cultural, educational, the aisle, and certainly the two Mem- ter. and historical benefits of this historic bers that spoke here this morning. As a reward for his enlightened stew- site for future generations. I am proud I urge passage of this important piece ardship, he was knighted by Bucking- of the wide-ranging support for this of legislation. ham Palace by Queen Victoria in 1841. legislation, from the city, county, the Madam Speaker, I yield back the bal- During the 1840s, the British came to citizens, the congressional delegation. ance of my time. the realization that preventing Amer- The citizens in Oregon City approved a The SPEAKER pro tempore (Mrs. ican settlers from homesteading in Or- ballot measure by 80 percent to allow BIGGERT). The question is on the mo- egon was all but impossible, but they this to go into the National Park Sys- tion offered by the gentleman from tried their best to discourage settlers tem. Maryland (Mr. GILCHREST) that the from beginning the trip. Tall tales of Again, I would like to thank every- House suspend the rules and pass the fierce Indians, unproductive land, and one who has contributed to making bill, H.R. 733. terrible weather conditions were spread this legislation possible, and I feel cer- The question was taken; and (two- far and wide. tain this legislation will move swiftly thirds having voted in favor thereof) Though it violated Hudson’s Bay through the Senate and to President the rules were suspended and the bill company policy, McLoughlin sym- Bush’s desk. was passed.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.029 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2877 A motion to reconsider was laid on Ford Lowey Ruppersberger Northup Rehberg Sullivan the table. Fossella Lucas (KY) Rush Norwood Reynolds Tancredo Frank (MA) Lynch Ryan (OH) Nunes Rogers (AL) Terry f Frelinghuysen Majette Ryan (WI) Nussle Rogers (KY) Thomas Frost Maloney Sabo Osborne Rogers (MI) Thornberry ANNOUNCEMENT BY THE SPEAKER Gillmor Manzullo Sanchez, Linda Otter Rohrabacher Tiberi Gonzalez Markey T. Oxley Ryun (KS) Toomey PRO TEMPORE Gordon Marshall Sanchez, Loretta Paul Schrock Turner (OH) The SPEAKER pro tempore. Pursu- Granger Matheson Sanders Pearce Sensenbrenner Vitter Green (TX) Matsui Pence Sessions Wamp ant to clause 8 of rule XX, and the Sandlin Green (WI) McCarthy (NY) Saxton Petri Shadegg Weldon (FL) Pickering Sherwood Weller Chair’s prior announcement, the Chair Grijalva McCollum Schakowsky Pitts Simmons Wicker will now put each question on which Gutierrez McDermott Schiff Hall McGovern Pombo Simpson Wilson (NM) Scott (GA) further proceedings were postponed Harman McHugh Pryce (OH) Smith (MI) Wilson (SC) Scott (VA) earlier today in the following order: Hart McIntyre Putnam Souder Young (AK) Serrano Hastings (FL) McNulty Radanovich Stearns Young (FL) Motion to instruct conferees on H.R. Shaw 1559, de novo; Hayworth Meehan NOT VOTING—19 Hill Meek (FL) Shays Motions to suspend the rules and Hinchey Meeks (NY) Sherman Brown, Corrine Gerlach Moran (VA) pass: Hinojosa Menendez Shimkus Brown-Waite, Hulshof Nadler H.R. 273, by the yeas and nays; and Hoeffel Michaud Shuster Ginny Hyde Payne Skelton H.R. 108, by the yeas and nays. Holden Millender- Combest Jenkins Smith (TX) Holt McDonald Slaughter Davis (TN) Lewis (CA) Stupak The Chair will reduce to 5 minutes Honda Miller (NC) Smith (NJ) Davis, Tom Lucas (OK) Taylor (NC) the time for any electronic vote after Hooley (OR) Miller, George Smith (WA) Gephardt McCarthy (MO) the first such vote in this series. Hoyer Mollohan Snyder Hunter Moore Solis ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f Inslee Moran (KS) Spratt The SPEAKER pro tempore (Mrs. Israel Murphy Stark BIGGERT) (during the vote.) Members MOTION TO INSTRUCT CONFEREES Jackson (IL) Murtha Stenholm are reminded there are 2 minutes re- ON H.R. 1559, EMERGENCY WAR- Jackson-Lee Napolitano Strickland maining in this vote. (TX) Neal (MA) Sweeney TIME SUPPLEMENTAL ACT, 2003 Janklow Nethercutt Tanner b 1332 The SPEAKER pro tempore. The Jefferson Oberstar Tauscher John Obey Tauzin Messrs. SAM JOHNSON of Texas, pending business is the question de Johnson (IL) Olver Taylor (MS) POMBO, GALLEGLY, SIMPSON and novo on the motion to instruct con- Johnson, E. B. Ortiz Thompson (CA) BRADLEY of New Hampshire changed ferees on H.R. 1559 offered by the gen- Jones (OH) Ose Thompson (MS) Kanjorski Owens their vote from ‘‘yea’’ to ‘‘nay.’’ tleman from Wisconsin (Mr. OBEY). Tiahrt Kaptur Pallone Tierney Messrs. GREEN of Wisconsin, The Clerk read the title of the bill. Kelly Pascrell Towns WALSH, LaTOURETTE, WHITFIELD, Kennedy (RI) Pastor The SPEAKER pro tempore. The Turner (TX) SWEENEY, FOLEY, FRELING- Kildee Pelosi Udall (CO) Clerk will designate the motion. Kilpatrick Peterson (MN) HUYSEN, GUTIERREZ, RENZI, Udall (NM) The Clerk designated the motion. Kind Peterson (PA) FOSSELLA, LEWIS of Kentucky, Upton King (NY) Platts The SPEAKER pro tempore. The Van Hollen WALDEN of Oregon, AKIN, LINCOLN question is on the motion to instruct Kleczka Pomeroy DIAZ-BALART of Florida, MARIO Kucinich Porter Velazquez offered by the gentleman from Wis- LaHood Portman Visclosky DIAZ-BALART of Florida, PETERSON consin (Mr. OBEY). Lampson Price (NC) Walden (OR) of Pennsylvania, BARTLETT of Mary- Walsh The question was taken; and the Langevin Quinn land, EVERETT, Mrs. EMERSON, and Lantos Rahall Waters Speaker pro tempore announced that Larsen (WA) Ramstad Watson Ms. ROS-LEHTINEN changed their the ayes appeared to have it. Larson (CT) Rangel Watt vote from ‘‘nay’’ to ‘‘yea.’’ Mrs. CHRISTENSEN. Madam Speak- LaTourette Regula Waxman So the motion to instruct conferees Weiner er, I object to the vote on the ground Leach Renzi was agreed to. Lee Reyes Weldon (PA) The result of the vote was announced that a quorum is not present and make Levin Rodriguez Wexler the point of order that a quorum is not Lewis (GA) Ros-Lehtinen Whitfield as above recorded. present. Lewis (KY) Ross Wolf A motion to reconsider was laid on Woolsey The SPEAKER pro tempore. Evi- Lipinski Rothman the table. LoBiondo Roybal-Allard Wu Stated for: dently a quorum is not present. Lofgren Royce Wynn Mr. DAVIS of Tennessee. Madam Speaker, The Sergeant at Arms will notify ab- on rollcall No. 112, had I been present, I sent Members. NAYS—150 would have voted ‘‘yea.’’ The vote was taken by electronic de- Bachus Collins Hensarling Stated against: vice, and there were—yeas 265, nays Baker Cox Herger Ballenger Crane Hobson Mr. PORTMAN. Mr. Speaker, on rollcall No. 150, not voting 19, as follows: Barrett (SC) Crenshaw Hoekstra 112 I inadvertently pressed the ‘‘yea’’ button. [Roll No. 112] Bass Cubin Hostettler I meant to vote ‘‘nay.’’ Beauprez Culberson Houghton YEAS—265 Bereuter Davis, Jo Ann Isakson APPOINTMENT OF CONFEREES Abercrombie Brown (OH) Delahunt Biggert Deal (GA) Issa The SPEAKER pro tempore. Without Ackerman Burgess DeLauro Bilirakis DeLay Istook objection, the Chair appoints the fol- Aderholt Burr Deutsch Bishop (UT) DeMint Johnson (CT) lowing conferees: Messrs. YOUNG of Akin Capito Diaz-Balart, L. Blackburn Doolittle Johnson, Sam Alexander Capps Diaz-Balart, M. Blunt Dreier Jones (NC) Florida, REGULA, LEWIS of California, Allen Capuano Dicks Boehner Duncan Keller ROGERS of Kentucky, WOLF, KOLBE, Andrews Cardin Dingell Bonilla Ehlers Kennedy (MN) WALSH, TAYLOR of North Carolina, Baca Cardoza Doggett Bonner Feeney King (IA) HOBSON, ISTOOK, BONILLA, KNOLLEN- Baird Carson (IN) Dooley (CA) Bono Flake Kingston Baldwin Carson (OK) Doyle Boozman Forbes Kirk BERG, KINGSTON, FRELINGHUYSEN, OBEY, Ballance Case Dunn Bradley (NH) Franks (AZ) Kline MURTHA, DICKS, SABO, MOLLOHAN, Ms. Bartlett (MD) Clay Edwards Brady (TX) Gallegly Knollenberg KAPTUR, Mr. VISCLOSKY, Mrs. LOWEY, Barton (TX) Clyburn Emanuel Brown (SC) Garrett (NJ) Kolbe Becerra Conyers Emerson Burns Gibbons Latham and Messrs. SERRANO, MORAN of Vir- Bell Cooper Engel Burton (IN) Gilchrest Linder ginia, and EDWARDS. Berkley Costello English Buyer Gingrey McCotter There was no objection. Berman Cramer Eshoo Calvert Goode McCrery Berry Crowley Etheridge Camp Goodlatte McInnis f Bishop (GA) Cummings Evans Cannon Goss McKeon ANNOUNCEMENT BY THE SPEAKER Bishop (NY) Cunningham Everett Cantor Graves Mica Blumenauer Davis (AL) Farr Carter Greenwood Miller (FL) PRO TEMPORE Boehlert Davis (CA) Fattah Castle Gutknecht Miller (MI) The SPEAKER pro tempore. Pursu- Boswell Davis (FL) Ferguson Chabot Harris Miller, Gary ant to clause 8 of rule XX, the remain- Boucher Davis (IL) Filner Chocola Hastings (WA) Musgrave Boyd DeFazio Fletcher Coble Hayes Myrick der of votes in this series will be con- Brady (PA) DeGette Foley Cole Hefley Ney ducted as 5-minute votes.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.033 H08PT1 H2878 CONGRESSIONAL RECORD — HOUSE April 8, 2003 NUTRIA ERADICATION AND Matsui Pombo Smith (TX) Mr. DAVIS of Tennessee. Madam Speaker, CONTROL ACT OF 2003 McCarthy (NY) Pomeroy Smith (WA) McCollum Porter Snyder on rollcall No. 113, had I been present, I The SPEAKER pro tempore. The McCotter Portman Solis would have voted ‘‘yea.’’ pending business is the question of sus- McCrery Price (NC) Souder McDermott Pryce (OH) Spratt f pending the rules and passing the bill, McGovern Putnam Stark H.R. 273. McHugh Quinn Stenholm REQUIRING SECRETARY OF AGRI- The Clerk read the title of the bill. McInnis Radanovich Strickland CULTURE TO PAY COSTS OF EN- McIntyre Rahall Sullivan The SPEAKER pro tempore. The McKeon Ramstad VIRONMENTAL REVIEWS WITH Sweeney McNulty Rangel question is on the motion offered by Tancredo RESPECT TO CONVEYANCES Meehan Regula the gentleman from Maryland (Mr. Tanner UNDER THE EDUCATION LAND Meek (FL) Rehberg Tauscher GILCHREST) that the House suspend the Meeks (NY) Renzi GRANT ACT Tauzin rules and pass the bill, H.R. 273, on Menendez Reyes The SPEAKER pro tempore. The which the yeas and nays are ordered. Mica Reynolds Taylor (MS) Terry pending business is the question of sus- This will be a 5-minute-vote. Michaud Rodriguez Millender- Rogers (AL) Thomas pending the rules and passing the bill, The vote was taken by electronic de- McDonald Rogers (KY) Thompson (CA) H.R. 108. Thompson (MS) vice, and there were—yeas 385, nays 30, Miller (MI) Rogers (MI) The Clerk read the title of the bill. not voting 19, as follows: Miller (NC) Ros-Lehtinen Thornberry Miller, Gary Ross Tiahrt The SPEAKER pro tempore. The [Roll No. 113] Miller, George Rothman Tiberi question is on the motion offered by YEAS—385 Mollohan Roybal-Allard Tierney the gentleman from Arizona (Mr. Moore Royce Towns Abercrombie Crenshaw Herger Moran (KS) Ruppersberger Turner (OH) HAYWORTH) that the House suspend the Ackerman Crowley Hill Murphy Rush Turner (TX) rules and pass the bill, H.R. 108, on Aderholt Cubin Hinchey Murtha Ryan (OH) Udall (CO) Akin Cummings Hinojosa which the yeas and nays are ordered. Musgrave Ryan (WI) Udall (NM) Alexander Cunningham Hobson This will be a 5-minute vote. Myrick Ryun (KS) Upton Allen Davis (AL) Hoeffel Napolitano Sabo The vote was taken by electronic de- Andrews Davis (CA) Hoekstra Van Hollen Neal (MA) Sanchez, Linda Velazquez vice, and there were—yeas 406, nays 8, Baca Davis (FL) Holden Nethercutt T. Bachus Davis (IL) Holt Visclosky not voting 20, as follows: Ney Sanchez, Loretta Vitter Baird Davis, Jo Ann Honda Northup Sanders [Roll No. 114] Walden (OR) Baker DeFazio Hooley (OR) Nunes Sandlin Walsh YEAS—406 Baldwin DeGette Houghton Nussle Saxton Waters Ballance Delahunt Hoyer Oberstar Schakowsky Abercrombie Carson (OK) Filner Watson Ballenger DeLauro Hunter Obey Schiff Ackerman Carter Fletcher Bartlett (MD) DeLay Inslee Olver Schrock Watt Aderholt Case Foley Barton (TX) DeMint Isakson Ortiz Scott (GA) Waxman Akin Castle Forbes Bass Deutsch Israel Osborne Scott (VA) Weiner Alexander Chabot Ford Beauprez Diaz-Balart, L. Issa Ose Serrano Weldon (FL) Allen Chocola Fossella Becerra Diaz-Balart, M. Istook Owens Sessions Weller Andrews Clay Frank (MA) Bell Dicks Jackson (IL) Oxley Shaw Wexler Baca Clyburn Frelinghuysen Bereuter Dingell Jackson-Lee Pallone Shays Whitfield Bachus Coble Frost Berkley Doggett (TX) Pascrell Sherman Wicker Baird Cole Gallegly Berman Dooley (CA) Janklow Pastor Sherwood Wilson (NM) Baker Collins Garrett (NJ) Berry Doolittle Jefferson Pelosi Shimkus Wilson (SC) Baldwin Conyers Gibbons Biggert Doyle John Peterson (MN) Shuster Wolf Ballance Cooper Gilchrest Bilirakis Dreier Johnson (CT) Peterson (PA) Simmons Woolsey Ballenger Costello Gillmor Bishop (GA) Dunn Johnson (IL) Petri Simpson Wu Barrett (SC) Cox Gingrey Bishop (NY) Edwards Johnson, E. B. Pickering Skelton Wynn Bartlett (MD) Cramer Gonzalez Bishop (UT) Ehlers Johnson, Sam Pitts Slaughter Young (AK) Barton (TX) Crane Goode Blackburn Emanuel Jones (NC) Platts Smith (NJ) Young (FL) Bass Crenshaw Goodlatte Blumenauer Emerson Jones (OH) Beauprez Crowley Gordon Blunt Engel Kanjorski NAYS—30 Becerra Cubin Goss Boehlert English Kaptur Barrett (SC) Flake Paul Bell Culberson Granger Boehner Eshoo Keller Burgess Franks (AZ) Pearce Bereuter Cummings Graves Bonilla Etheridge Kelly Burton (IN) Goode Pence Berkley Cunningham Green (TX) Bonner Evans Kennedy (MN) Coble Graves Rohrabacher Berman Davis (AL) Green (WI) Bono Farr Kennedy (RI) Collins Hensarling Sensenbrenner Berry Davis (CA) Greenwood Boozman Fattah Kildee Culberson Hostettler Shadegg Biggert Davis (FL) Grijalva Boswell Ferguson Kilpatrick Deal (GA) King (IA) Smith (MI) Bilirakis Davis (IL) Gutierrez Boucher Filner Kind Duncan Miller (FL) Stearns Bishop (GA) Davis (TN) Gutknecht Boyd Fletcher King (NY) Everett Norwood Toomey Bishop (NY) Davis, Jo Ann Hall Bradley (NH) Foley Kingston Feeney Otter Wamp Bishop (UT) Deal (GA) Harman Brady (PA) Forbes Kirk Blackburn DeFazio Harris Brady (TX) Ford Kleczka NOT VOTING—19 Blumenauer DeGette Hart Brown (OH) Fossella Kline Blunt Delahunt Hastings (FL) Brown, Corrine Gerlach Moran (VA) Brown (SC) Frank (MA) Knollenberg Boehlert DeLauro Hastings (WA) Brown-Waite, Hulshof Burns Frelinghuysen Kolbe Nadler Boehner DeLay Hayes Ginny Hyde Burr Frost Kucinich Payne Bonilla DeMint Hayworth Combest Jenkins Buyer Gallegly LaHood Stupak Bonner Deutsch Hefley Davis (TN) Lewis (CA) Calvert Garrett (NJ) Lampson Taylor (NC) Bono Diaz-Balart, L. Hensarling Davis, Tom Lucas (OK) Camp Gibbons Langevin Weldon (PA) Boozman Diaz-Balart, M. Herger Gephardt McCarthy (MO) Cannon Gilchrest Lantos Boswell Dicks Hill Cantor Gillmor Larsen (WA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boucher Dingell Hinchey Capito Gingrey Larson (CT) Boyd Doggett Hinojosa Capps Gonzalez Latham The SPEAKER pro tempore (during Bradley (NH) Dooley (CA) Hobson Capuano Goodlatte LaTourette the vote). The Chair will remind Mem- Brady (PA) Doolittle Hoeffel Cardin Gordon Leach bers that less than 1 minute remains in Brady (TX) Doyle Hoekstra Cardoza Goss Lee Brown (OH) Dreier Holden Carson (IN) Granger Levin this vote. Brown (SC) Duncan Holt Carson (OK) Green (TX) Lewis (GA) Burgess Dunn Hooley (OR) Carter Green (WI) Lewis (KY) b 1340 Burns Edwards Hostettler Case Greenwood Linder Mr. NORWOOD changed his vote Burr Ehlers Houghton Castle Grijalva Lipinski Burton (IN) Emanuel Hoyer Chabot Gutierrez LoBiondo from ‘‘yea’’ to ‘‘nay.’’ Buyer Emerson Hunter Chocola Gutknecht Lofgren So (two-thirds having voted in favor Calvert Engel Inslee Clay Hall Lowey thereof) the rules were suspended and Camp English Isakson Clyburn Harman Lucas (KY) Cannon Eshoo Israel Cole Harris Lynch the bill was passed. Cantor Etheridge Issa Conyers Hart Majette The result of the vote was announced Capito Evans Istook Cooper Hastings (FL) Maloney as above recorded. Capps Everett Jackson (IL) Costello Hastings (WA) Manzullo A motion to reconsider was laid on Capuano Farr Jackson-Lee Cox Hayes Markey Cardin Fattah (TX) Cramer Hayworth Marshall the table. Cardoza Feeney Janklow Crane Hefley Matheson Stated for: Carson (IN) Ferguson Jefferson

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.035 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2879 John Mollohan Schakowsky b 1347 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- Johnson (CT) Moore Schiff trator’ means the Administrator of the Johnson (IL) Moran (KS) Schrock Mr. MILLER of Florida changed his Small Business Administration, acting Johnson, E. B. Murphy Scott (GA) vote from ‘‘nay’’ to ‘‘yea.’’ through the Associate Administrator for Johnson, Sam Murtha Scott (VA) So (two-thirds having voted in favor Small Business Development Centers. Jones (NC) Musgrave Serrano thereof) the rules were suspended and ‘‘(2) ASSOCIATION.—The term ‘Association’ Jones (OH) Myrick Shaw Kanjorski Napolitano Shays the bill was passed. means the association recognized by the Ad- Kaptur Neal (MA) Sherman The result of the vote was announced ministrator of the Small Business Adminis- Keller Nethercutt Sherwood as above recorded. tration under section 21(a)(3)(A). Kelly Ney Shimkus A motion to reconsider was laid on ‘‘(3) PARTICIPATING SMALL BUSINESS DEVEL- Kennedy (MN) Northup Shuster the table. OPMENT CENTER.—The term ‘participating Kennedy (RI) Norwood Simmons Small Business Development Center’ means Kildee Nunes Simpson f a Small Business Development Center par- Kilpatrick Nussle Skelton ticipating in the program. Kind Oberstar REMOVAL OF NAME OF MEMBER Slaughter ‘‘(4) PROGRAM.—The term ‘program’ means King (IA) Obey Smith (NJ) AS COSPONSOR OF H.R. 1119 King (NY) Olver the regulatory assistance program estab- Smith (TX) Kingston Ortiz Mr. SIMMONS. Madam Speaker, I lished under this section. Smith (WA) Kirk Osborne ask unanimous consent to have my ‘‘(5) REGULATORY COMPLIANCE ASSIST- Snyder Kleczka Ose ANCE.—The term ‘regulatory compliance as- Solis name removed as a cosponsor of H.R. Kline Otter Souder 1119. sistance’ means assistance provided by a Knollenberg Owens Spratt Small Business Development Center to a Kolbe Oxley The SPEAKER pro tempore. Is there Stark objection to the request of the gen- small business concern to enable the concern Kucinich Pallone to comply with Federal regulatory require- LaHood Pascrell Stenholm tleman from Connecticut? ments. Lampson Pastor Strickland There was no objection. Langevin Paul Sullivan ‘‘(6) SMALL BUSINESS DEVELOPMENT CEN- Lantos Pearce Sweeney f TER.—The term ‘Small Business Develop- Tancredo Larsen (WA) Pelosi NATIONAL SMALL BUSINESS REG- ment Center’ means a Small Business Devel- Larson (CT) Pence Tanner opment Center described in section 21. Tauscher ULATORY ASSISTANCE ACT OF Latham Peterson (MN) ‘‘(7) STATE.—The term ‘State’ means each LaTourette Peterson (PA) Tauzin 2003 of the several States, the District of Colum- Taylor (MS) Leach Petri bia, the Commonwealth of Puerto Rico, the Lee Pickering Terry Mr. MANZULLO. Madam Speaker, I Virgin Islands, and Guam. Levin Pitts Thomas move to suspend the rules and pass the ‘‘(b) AUTHORITY.—In accordance with this Lewis (GA) Platts Thompson (CA) bill (H.R. 205) to amend the Small Busi- section, the Administrator shall establish a Lewis (KY) Pombo Thompson (MS) ness Act to direct the Administrator of Linder Pomeroy Thornberry program to provide regulatory compliance Lipinski Porter Tiahrt the Small Business Administration to assistance to small business concerns LoBiondo Portman Tiberi establish a program to provide regu- through participating Small Business Devel- Lofgren Price (NC) Tierney latory compliance assistance to small opment Centers, the Association, and Fed- Lowey Pryce (OH) Toomey business concerns, and for other pur- eral compliance partnership programs. Lucas (KY) Putnam Towns poses ‘‘(c) SMALL BUSINESS DEVELOPMENT CEN- Lynch Quinn Turner (OH) TERS.— Radanovich The Clerk read as follows: Majette Turner (TX) ‘‘(1) IN GENERAL.—In carrying out the pro- Maloney Rahall Udall (CO) H.R. 205 gram, the Administrator shall enter into ar- Manzullo Ramstad Udall (NM) Be it enacted by the Senate and House of Rep- rangements with participating Small Busi- Markey Rangel Upton Marshall Regula resentatives of the United States of America in ness Development Centers under which such Van Hollen Congress assembled, Matheson Rehberg Velazquez centers will provide— McCarthy (NY) Renzi Visclosky SECTION 1. SHORT TITLE. ‘‘(A) access to information and resources, McCollum Reyes Vitter This Act may be cited as the ‘‘National including current Federal and State non- Reynolds McCotter Walden (OR) Small Business Regulatory Assistance Act of punitive compliance and technical assistance McCrery Rodriguez Walsh 2003’’. programs similar to those established under McDermott Rogers (AL) Wamp SEC. 2. PURPOSE. section 507 of the Clean Air Act Amendments McGovern Rogers (KY) Waters McHugh Rogers (MI) The purpose of this Act is to establish a of 1990; Watson McInnis Ros-Lehtinen program to— ‘‘(B) training and educational activities; Watt McIntyre Ross (1) provide confidential assistance to small ‘‘(C) confidential, free-of-charge, one-on- McKeon Rothman Waxman business concerns; one, in-depth counseling to the owners and Weiner McNulty Roybal-Allard (2) provide small business concerns with operators of small business concerns regard- Meehan Royce Weldon (FL) Weller the information necessary to improve their ing compliance with Federal and State regu- Meek (FL) Ruppersberger rate of compliance with Federal and State lations, provided that such counseling is not Meeks (NY) Rush Wexler considered to be the practice of law in a Menendez Ryan (OH) Whitfield regulations; Mica Ryan (WI) Wicker (3) create a partnership among Federal State in which a Small Business Develop- Michaud Ryun (KS) Wilson (NM) agencies to increase outreach efforts to ment Center is located or in which such Millender- Sabo Wilson (SC) small business concerns with respect to regu- counseling is conducted; McDonald Sanchez, Linda Wolf latory compliance; ‘‘(D) technical assistance; and Miller (FL) T. Woolsey (4) provide a mechanism for unbiased feed- ‘‘(E) referrals to experts and other pro- Miller (MI) Sanchez, Loretta Wu back to Federal agencies on the regulatory viders of compliance assistance who meet Miller (NC) Sanders Wynn environment for small business concerns; such standards for educational, technical, Miller, Gary Sandlin Young (AK) Miller, George Saxton Young (FL) and and professional competency as are estab- (5) utilize the service delivery network of lished by the Administrator. NAYS—8 Small Business Development Centers to im- ‘‘(2) REPORTS.— prove access of small business concerns to ‘‘(A) IN GENERAL.—Each participating Flake Sensenbrenner Smith (MI) programs to assist them with regulatory Small Business Development Center shall Franks (AZ) Sessions Stearns Rohrabacher Shadegg compliance. transmit to the Administrator a quarterly SEC. 3. DEFINITIONS. report that includes— NOT VOTING—20 In this Act, the definitions set forth in sec- ‘‘(i) a summary of the regulatory compli- tion 36(a) of the Small Business Act (as ance assistance provided by the center under Brown, Corrine Honda McCarthy (MO) the program; and Brown-Waite, Hulshof Moran (VA) added by section 4 of this Act) shall apply. Ginny Hyde Nadler SEC. 4. SMALL BUSINESS REGULATORY ASSIST- ‘‘(ii) any data and information obtained by Combest Jenkins Payne ANCE PROGRAM. the center from a Federal agency regarding Davis, Tom Lewis (CA) Stupak The Small Business Act (15 U.S.C. 637 et regulatory compliance that the agency in- Gephardt Lucas (OK) Taylor (NC) seq.) is amended— tends to be disseminated to small business Gerlach Matsui Weldon (PA) (1) by redesignating section 36 as section concerns. 37; and ‘‘(B) ELECTRONIC FORM.—Each report re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (2) by inserting after section 35 the fol- ferred to in subparagraph (A) shall be trans- The SPEAKER pro tempore (Mrs. lowing new section: mitted in electronic form. ‘‘(C) INTERIM REPORTS.—A participating BIGGERT) (during the vote). Members ‘‘SEC. 36. SMALL BUSINESS REGULATORY ASSIST- ANCE PROGRAM. Small Business Development Center may are reminded that there are less than 2 ‘‘(a) DEFINITIONS.—In this section, the fol- transmit to the Administrator such interim minutes remaining in this vote. lowing definitions apply: reports as the center considers appropriate.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.011 H08PT1 H2880 CONGRESSIONAL RECORD — HOUSE April 8, 2003

‘‘(D) LIMITATION ON DISCLOSURE REQUIRE- ‘‘(D) Group 4: Georgia, Alabama, North gram only with amounts appropriated in ad- MENTS.—The Administrator may not require Carolina, South Carolina, Mississippi, Flor- vance specifically to carry out this section.’’. a Small Business Development Center to dis- ida, Kentucky, and Tennessee. SEC. 5. PROMULGATION OF REGULATIONS. close the name or address of any small busi- ‘‘(E) Group 5: Illinois, Ohio, Michigan, Indi- After providing notice and an opportunity ness concern that received or is receiving as- ana, Wisconsin, and Minnesota. for comment and after consulting with the sistance under the program, except that the ‘‘(F) Group 6: Texas, New Mexico, Arkan- Association (but not later than 180 days after Administrator shall require such a disclosure sas, Oklahoma, and Louisiana. the date of the enactment of this Act), the if ordered to do so by a court in any civil or ‘‘(G) Group 7: Missouri, Iowa, Nebraska, Administrator shall promulgate final regula- criminal action. and Kansas. tions to carry out this Act, including regula- ‘‘(d) DATA REPOSITORY AND CLEARING- ‘‘(H) Group 8: Colorado, Wyoming, North tions that establish— HOUSE.— Dakota, South Dakota, Montana, and Utah. (1) priorities for the types of assistance to ‘‘(1) IN GENERAL.—In carrying out the pro- ‘‘(I) Group 9: California, Guam, Hawaii, Ne- be provided under the program; gram, the Administrator shall— vada, and Arizona. (2) standards relating to educational, tech- ‘‘(A) act as the repository of and clearing- ‘‘(J) Group 10: Washington, Alaska, Idaho, nical, and support services to be provided by house for data and information submitted by and Oregon. participating Small Business Development Small Business Development Centers; and ‘‘(2) DEADLINE FOR INITIAL SELECTIONS.— Centers; ‘‘(B) transmit to the President, the Com- The Administrator shall make selections (3) standards relating to any national serv- mittee on Small Business and Entrepreneur- under paragraph (1) not later than 60 days ice delivery and support function to be pro- ship of the Senate, and the Committee on after promulgation of regulations under sec- vided by the Association under the program; Small Business of the House of Representa- tion 5 of the National Small Business Regu- (4) standards relating to any work plan tives an annual report that includes— latory Assistance Act of 2003. that the Administrator may require a par- ‘‘(i) a description of the types of assistance ‘‘(3) ADDITIONAL SELECTIONS.—Not earlier ticipating Small Business Development Cen- provided by participating Small Business De- than the date 3 years after the date of the ter to develop; and velopment Centers under the program; enactment of this paragraph, the Adminis- (5) standards relating to the educational, ‘‘(ii) data regarding the number of small trator may select Small Business Develop- technical, and professional competency of business concerns that contacted partici- ment Center programs of States in addition any expert or other assistance provider to pating Small Business Development Centers to those selected under paragraph (1). The whom a small business concern may be re- regarding assistance under the program; Administrator shall consider the effect on ferred for compliance assistance under the ‘‘(iii) data regarding the number of small the programs selected under paragraph (1) program. business concerns assisted by participating before selecting additional programs under SEC. 6. PRIVACY REQUIREMENTS APPLICABLE Small Business Development Centers under this paragraph. TO SMALL BUSINESS DEVELOPMENT the program; ‘‘(4) COORDINATION TO AVOID DUPLICATION CENTERS. ‘‘(iv) data and information regarding out- WITH OTHER PROGRAMS.—In selecting pro- Section 21(c) of the Small Business Act (15 reach activities conducted by participating grams under this subsection, the Adminis- U.S.C. 648(c)) is amended by adding at the Small Business Development Centers under trator shall give a preference to Small Busi- end the following: the program, including any activities con- ness Development Center programs that ‘‘(9) PRIVACY REQUIREMENTS.— ducted in partnership with Federal agencies; have a plan for consulting with Federal and ‘‘(A) IN GENERAL.—No Small Business De- ‘‘(v) data and information regarding each State agencies to ensure that any assistance velopment Center, consortium of Small Busi- case known to the Administrator in which provided under this section is not duplicated ness Development Centers, or contractor or one or more Small Business Development by an existing Federal or State program. agent of a Small Business Development Cen- Centers offered conflicting advice or infor- ‘‘(g) MATCHING NOT REQUIRED.—Subpara- ter shall disclose the name or address of any mation regarding compliance with a Federal graphs (A) and (B) of section 21(a)(4) shall individual or small business concern receiv- or State regulation to one or more small not apply to assistance made available under ing assistance under this section without the business concerns; the program. consent of such individual or small business ‘‘(vi) any recommendations for improve- ‘‘(h) DISTRIBUTION OF GRANTS.— concern, except that— ments in the regulation of small business ‘‘(1) IN GENERAL.—Except as provided in ‘‘(i) the Administrator shall require such concerns; and paragraph (2), each State program selected disclosure if ordered to do so by a court in ‘‘(vii) a list of regulations identified by the to receive a grant under subsection (f) in a any civil or criminal action; and Administrator, after consultation with the fiscal year shall be eligible to receive a grant ‘‘(ii) if the Administrator considers it nec- Small Business and Agriculture Regulatory in an amount not to exceed the product ob- essary while undertaking a financial audit of Enforcement Ombudsman, as being most tained by multiplying— a Small Business Development Center, the burdensome to small business concerns, and ‘‘(A) the amount made available for grants Administrator shall require such disclosure recommendations to reduce or eliminate the under this section for the fiscal year; and for the sole purpose of undertaking such burdens of such regulations. ‘‘(B) the ratio that— audit. ‘‘(e) ELIGIBILITY.— ‘‘(i) the population of the State; bears to ‘‘(B) REGULATIONS.— The Administrator ‘‘(1) IN GENERAL.—A Small Business Devel- ‘‘(ii) the population of all the States with shall issue regulations to establish standards opment Center shall be eligible to receive as- programs selected to receive grants under for requiring disclosures during a financial sistance under the program only if the cen- subsection (f) for the fiscal year. audit under subparagraph (a)(ii).’’. ter is certified under section 21(k)(2). ‘‘(2) MINIMUM AMOUNT.—The minimum The SPEAKER pro tempore. Pursu- ‘‘(2) WAIVER.—With respect to a Small amount that a State program selected to re- Business Development Center seeking assist- ant to the rule, the gentleman from Il- ceive a grant under subsection (f) shall be el- linois (Mr. MANZULLO) and the gentle- ance under the program, the administrator igible to receive under this section for any may waive the certification requirement set woman from New York (Ms. fiscal year shall be $200,000. The Adminis- ´ forth in paragraph (1) if the Administrator trator shall reduce the amount described in VELAZQUEZ) each will control 20 min- determines that the center is making a good paragraph (1) as appropriate to carry out the utes. faith effort to obtain such certification. purposes of this paragraph and subsection The Chair recognizes the gentleman ‘‘(3) EFFECTIVE DATE.—The restriction de- (j)(2). from Illinois (Mr. MANZULLO). scribed in paragraph (1) shall not apply to ‘‘(i) EVALUATION AND REPORT.—Not later GENERAL LEAVE any Small Business Development Center be- than 3 years after the establishment of the Mr. MANZULLO. Madam Speaker, I fore October 1, 2003. program, the Comptroller General of the ‘‘(f) SELECTION OF PARTICIPATING STATE ask unanimous consent that all Mem- United States shall conduct an evaluation of bers may have 5 legislative days within PROGRAMS.— the program and shall transmit to the Ad- ‘‘(1) ESTABLISHMENT OF PROGRAM.—In con- ministrator, the Committee on Small Busi- which to revise and extend their re- sultation with the Association and giving ness and Entrepreneurship of the Senate, and marks and include extraneous material substantial weight to the Association’s rec- the Committee on Small Business of the on this legislation. ommendations, the Administrator shall se- House of Representatives a report containing The SPEAKER pro tempore. Is there lect the Small Business Development Center the results of the evaluation along with any objection to the request of the gen- programs of 2 States from each of the fol- recommendations as to whether the pro- tleman from Illinois? lowing groups of States to participate in the gram, with or without modification, should There was no objection. program: be extended to include the participation of Mr. MANZULLO. Madam Speaker, ‘‘(A) Group 1: Maine, Massachusetts, New all Small Business Development Centers. H.R. 205 is identical to legislation this Hampshire, Connecticut, Vermont, and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— House passed unanimously on October Rhode Island. ‘‘(1) IN GENERAL.—There are authorized to ‘‘(B) Group 2: New York, New Jersey, Puer- be appropriated to carry out this section 2, 2001. Unfortunately, this bill did not to Rico, and the Virgin Islands. $5,000,000 for fiscal year 2003 and each fiscal pass the Senate last year. We are here ‘‘(C) Group 3: Pennsylvania, Maryland, year thereafter. today to try again. West Virginia, Virginia, the District of Co- ‘‘(2) LIMITATION ON USE OF OTHER FUNDS.— H.R. 205 was so strongly supported by lumbia, and Delaware. The Administrator may carry out the pro- the Committee on Small Business that

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.012 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2881 both the ranking member and I decided year. That is 60 percent higher than in good faith. With the adoption of this to skip the markup process and bring costs for businesses with more than 500 legislation, we are giving small busi- this bill straight to the House floor. It employees. nesses the support they need to navi- contains all the compromises within Small firms are less equipped to deal gate the often complex realm of Fed- our committee and with the Senate. with regulations than large corpora- eral regulations. For those interested in the legislative tions. Business owners want to comply In closing, let me thank the gen- history of the bill, I would encourage with regulations because they know tleman from New York (Mr. SWEENEY) them to examine the committee’s re- that a safe and healthy workplace for this bill. I strongly urge the adop- port from the 107th Congress on H.R. makes them more productive, but often tion of this legislation. 205. they do not know how to comply or Madam Speaker, I reserve the bal- This bill is designed to help small where to start. ance of my time. businesses cope with the maze of Fed- With the adoption of this legislation, Mr. MANZULLO. Madam Speaker, I eral, State and local regulations that we take a big step in helping our Na- yield myself such time as I may con- have created such a heavy burden on tion’s small businesses to navigate the sume. Main Street America. Every day we all regulatory process with passage of the Sometime ago, the gentleman from receive complaints from our constitu- National Small Business Regulatory New York (Mr. SWEENEY) came to me ents about their inability to under- Assistance Act. This legislation estab- and said, Chairman, I have got a very stand regulations that are written in lishes a 3-year pilot program to provide interesting piece of legislation; and I legalese rather than in plain English confidential and nonpunitive advice to took a look at it, and this is the type and about arbitrary actions taken by small businesses that are trying to of legislation that really helps out some regulatory agencies. weather a blizzard of complex Federal small business people. Instead of creating a new program, regulations. The gentleman from New York (Mr. H.R. 205 uses the existing Small Busi- Business owners sometimes fear ap- SWEENEY) is the former labor commis- ness Development Center network to proaching agencies for compliance as- sioner for the State of New York, un- provide regulatory compliance assist- sistance because these are the very doubtedly proud of Syracuse, and even ance to small businesses. The SBDC agencies charged with enforcement. though I am a graduate of Marquette, I network has a good track record with They worry, Can I talk about OSHA re- am still here supporting the bill. He explained how difficult it is, and I small businesses. Because many small quirements with the labor Depart- agree with him, for small business peo- business owners fear going to regu- ment? Can I discuss environmental reg- ple to understand the web of regula- latory agencies for compliance advice, ulations with the EPA? tions. He has experience in the private/ SBDCs can serve as a buffer so that By creating a compliance program through the Small Business Develop- public sector. small business can receive the hands- Madam Speaker, I yield as much ment Centers national network, we on assistance it needs without retribu- time as he may consume to the gen- will provide a neutral, non-threatening tion. tleman from the Empire State (Mr. Already this fiscal year, the Small environment small business owners use SWEENEY), whose idea fostered this leg- Business Administration received an to get important information and ad- islation. additional $1 million appropriation for vice without fear of retaliation. Mr. SWEENEY. Madam Speaker, I The SBDCs, which have a solid rep- SBDCs to provide regulatory compli- thank the gentleman for recognizing utation for aiding local enterprise, al- ance assistance to small businesses. me; but more particularly, I would like ready provide counseling, training and H.R. 205 simply builds upon this initial to thank the chairman for his persist- education. This legislation creates a first step. In addition, the legislation ence in pursuing this matter. includes enhanced privacy protections one-stop shop for regulatory compli- As he mentioned, several years ago, I for small business clients of SBDCs. ance that will help small business own- introduced the original of H.R. 205, the I urge my colleagues to support H.R. ers who want to do the right thing to National Small Business Regulatory 205. do the right thing. Assistance Act, passed it through the Madam Speaker, I reserve the bal- In addition, this legislation would es- Committee on Small Business, passed ance of my time. tablish a database clearinghouse for in- ´ it through the floor here; and unfortu- Ms. VELAZQUEZ. Madam Speaker, I formation gathered by the SBDCs nately, we were not able to get the bill yield myself as much time as I may based on their interaction with local passed through the Senate and get our consume. businesses. This data will be useful in work completed. Today, I rise in strong support of further identifying the compliance The Chairman has stayed with us on H.R. 205, the National Small Business needs of small business and tailoring this issue, and through his diligence we Regulatory Assistance Act of 2003, assistance to them. have been able to get it back on the which would establish a regulatory While SBDCs provide more compli- floor, and I want to thank my friend compliance assistance program to this ance assistance and gather more infor- and ranking member, the gentlewoman Nation’s small businesses. I thank the mation, we must ensure that the sen- from New York (Ms. VELA´ ZQUEZ), be- gentleman from New York (Mr. sitive information brought forward by cause I know she, too, has been very SWEENEY) for his hard work on this small business is kept absolutely con- committed and very persistent in pur- issue and congratulate him for bring- fidential. This legislation guarantees suing this matter; and I am very, very ing this bill to the floor. privacy for those who receive compli- thankful. With the American economy still ance assistance and extends these pro- Madam Speaker, we strive in this struggling, it is now more important tections to all small businesses that era, in this time to find different ways than ever to make it easier for small seek any assistance from their local to help the American economy as we businesses, this Nation’s economic SBDC. travel down the road to recovery. We backbone, to expand. In today’s busi- This legislation bars the sharing of try to find ways that we can instill ness environment, one of the greatest information that any SBDC collects on public confidence in our economy; and obstacles standing in the way of a business with any third body or agen- I think it is imperative that we in Con- growth for many of this Nation’s small cy. This will guarantee that small busi- gress, despite all of the other activity businesses is regulatory compliance. nesses receive the assistance they need going on around us, continue to work Small businesses regularly find them- in complete confidence and privacy. in small ways and large ways and in selves lost in the maze of Federal regu- Madam Speaker, we want all our any way we can to help the American lations that are designed to create small businesses to comply with the economy. safer and healthier workplaces. regulations that preserve the health, In fact, regulatory burdens are typi- environment, and well-being of our b 1400 cally ranked as a top concern for small workers and our communities; but of- And I think this bill really is an ef- businesses, and the Small Business Ad- tentimes, small businesses do not have fort on the part of this House to make ministration estimates those burdens access to the resources they need if a concerted effort to aid the corner- cost almost $7,000 per employee per they want to comply with regulations stone of the American economy, and

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.040 H08PT1 H2882 CONGRESSIONAL RECORD — HOUSE April 8, 2003 that is the small business. The spirit of Mr. Speaker, with that, I urge all my businesses trying to survive and pros- entrepreneurship is really a char- colleagues to support and pass H.R. 205, per. They are bringing about a revival acteristic specifically unique to Amer- this bill, and I want to once again rec- of a rural economy in an area that ica. Recognized in that spirit is really ognize the gentleman from Illinois (Mr. needs to retain its employment. the heroism and the important role MANZULLO) and the ranking member, Now, what concerns them? Taxes and that small business entrepreneurs and the gentlewoman from New York (Ms. regulation. They do not have great ac- proprietors provide for the American VELA´ ZQUEZ) for their great work and cess to explanations of what is and is economy in terms of jobs, opportunity, their persistence in staying with this not the proper Federal Government and even technology. bill and this idea. regulation. They hardly have access to As Members of Congress, we receive Ms. VELA´ ZQUEZ. Mr. Speaker, I the Federal Register. They do not have the Federal Register daily in our of- yield such time as he may consume to too many attorneys in town, even if fices. Though these documents are filed the gentleman from Hawaii (Mr. CASE). they could afford to pay them. But for safekeeping and reference, they are Mr. CASE. Mr. Speaker, I want to they do have a small business develop- rarely poured over for specific details. join in the remarks of my colleague ment center a few miles away in the However, for the average small busi- from New York in thanking both my town of Hilo. If they can go to that ness owner to understand his or her ranking minority member and my small business development center for legal obligations as entrepreneurs try- chair on the Committee on Small Busi- free confidential advice on what Fed- ing to create these jobs, they have to ness, a committee that I am very proud eral regulations are, that will make a be carefully analyzed, the Federal Reg- and happy to serve on, for their great world of difference to those small busi- istry, that is, to understand the ever- bipartisan efforts. I also again thank nesses, and that town will survive and changing regulations to which the the gentleman from New York (Mr. that region will survive and prosper, businesses are subjected. SWEENEY) for allowing me to cosponsor and my island will survive and prosper, I believe additional measures need to what I think is a very important bill as will my State and country. be taken to better assist small business for small businesses in our country. So we can easily see the benefit of owners in their compliance with Fed- I do not think we have to recite at this legislation as we go forward. And eral guidelines and statutes. H.R. 205 any great length that small business is the benefit of this legislation, again, is relieves the burden shouldered by the in fact the engine of our economy. This to state that basically where our Fed- average small business owner through- is especially true in Hawaii where eral Government does implement and out America. small businesses represent 97 percent of impose regulation on the small busi- In the 106th Congress, Mr. Speaker, all businesses. And it is not just small nesses of our country, I believe and this body passed the National Small business as a category carried by the this legislation says that we also in- Business Regulatory Assistance Act as Federal Government, we are talking herit a duty on the part of the Federal a pilot program. In the 107th Congress, about the grassroots of small business Government to ensure that the people both the House and the Senate adopted in Hawaii. We are talking about busi- that are subject to those regulations versions of this bill, though they are nesses where 34 percent have annual understand them and are able to com- nonconforming, and as I said before, no sales, gross revenues of under $250,000, ply with them. These are small busi- final action was taken before Congress where well over 85 percent of all busi- nesses that want to comply, but the adjourned. I was encouraged by the bi- nesses have 10 or fewer full-time em- challenge is to comply fully and with partisan enthusiasm for this program ployees, and 69 percent 5 or fewer full- the minimum expenditure of money so and have conferred with our colleagues time employees. that that money can be put into in- in the Senate to work out technical When we ask those small businesses vesting in that company and producing disagreements with prior language, so what are the challenges they face, no tax revenues for all of us. it is my hope that H.R. 205 will receive different from anywhere else in our So this is a good bill. This is a bipar- tisan bill. This is an example of what the approval of both the House and the country, they will say that their chal- we can do together. And again I com- Senate in the near future so as to move lenges are taxes and regulations. Now, mend the chair and the ranking minor- forward in our efforts to increase the we can deal with taxes some other ity member of the committee that I am lifespan of American small businesses. place in some other debate, but today In the 108th Congress, the National we are dealing with regulations. And proud to serve on, as well as the gen- Small Business Regulatory Assistance for a small business, and those of us tleman from New York (Mr. SWEENEY), Act will function as a permanent that have been in small business know and pledge my support to this and urge project, not a pilot program. This legis- this, government regulation means that it go forward. Mr. MANZULLO. Mr. Speaker, I re- lation will establish small business time and it means attorneys. And time serve the balance of my time. compliance centers in 20 American and attorneys means money. And Ms. VELA´ ZQUEZ. Mr. Speaker, I States and territories. These facilities money for a small business on a thin yield 4 minutes to the gentleman from will provide assistance to small busi- margin means the difference between Illinois (Mr. DAVIS). ness owners, allowing them to better survival and failure. And to take it a Mr. DAVIS of Illinois. Mr. Speaker, comply with regulatory guidelines and step further, that in turn means the let me commend the chairman, the ease the burden of critical yet over- difference between government reve- gentleman from Illinois (Mr. MAN- worked small business development nues coming about or not. So it is in ZULLO) and the ranking member, the centers. It is important to note that all of our interests to deal with the gentlewoman from New York (Ms. H.R. 205 will not replace current regu- regulatory situation, and this bill does VELA´ ZQUEZ), for bringing this legisla- latory compliance programs but com- that. tion to the floor. plement them. Let me give my colleagues a hard Mr. Speaker, small businesses are the Mr. Speaker, the Small Business Ad- core example from my own home State. economic engine that drive America ministration does an exceptional job My big island, my home island, the big because they create three-fourths of all promoting the development of enter- Island of Hawaii. There is a region of new jobs, employ half our workers, ac- prise in our country. However, the cur- the Island of Hawaii known as count for half of our gross domestic rent structure can only do so much. We Hamakua. And there is a town in product, and contribute more than 55 need to better serve the small business Hamakua known as Honokaa. And percent of innovations. Small busi- community once they are given a leg Hamakua, as I was growing up on that nesses have and will continue to pull to stand on. The Federal Government island, was a sugar community. And the U.S. economy out of recession. has invested a great deal in America’s Honokaa was a sugar town. And in the They anchor our neighborhoods, em- courageous entrepreneurs. By pro- last 10 or 15 years, sugar has faded ploy and train our workers, and take viding small business owners the nec- away. As I walk down the streets of care of our families. They are the rea- essary assistance to comply with ever- Honokaa today, there is a revival; but son that the U.S. economy is the changing regulations, Congress will so- it is a revival of small business, not of strongest in the world. lidify the very foundation of the Amer- a large scale industry. As I walk down Despite all their contributions, small ican economy. that street, that street is full of small businesses face many obstacles. One of

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.043 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2883 these obstacles is the expanding vol- Medicaid/Medicare program, alone, has over I support H.R. 205. umes of regulations where small busi- 100,000 pages of laws and regulations. The Ms. VELA´ ZQUEZ. Mr. Speaker, I nesses are mandated to learn and com- Center for Medicare and Medicaid Services urge the adoption of this bill, and I ply with government guidelines. The has over 200 forms that generate 1.7 million yield back the balance of my time. number of Federal regulations has annual responses from health care providers. Mr. MANZULLO. Mr. Speaker, I yield nearly doubled over the past 20 years. These forms consume over 100 million hours back the balance of my time. The Federal Register, the resource every year that health care providers could The SPEAKER pro tempore (Mr. book of Federal regulatory initiatives have been using to treat patients. TERRY). The question is on the motion and changes, has increased to nearly Committee and Member staff often serve as offered by the gentleman from Illinois 80,000 pages. With these kinds of rules an intermediary between small businesses (Mr. MANZULLO) that the House sus- and regulations, small businesses are and the federal government in resolving fed- pend the rules and pass the bill, H.R. finding themselves confused and often eral regulatory compliance issues. What we 205. lost in piles of regulatory paperwork. are doing in this bill is expanding the scope of The question was taken. It is difficult in this economy for small the SBDC network to educate small business The SPEAKER pro tempore. In the businesses to grow and prosper. The ex- owners to ensure greater compliance of fed- opinion of the Chair, two-thirds of cess Federal Government paperwork eral regulations. There are more than 1,000 those present have voted in the affirm- requirements cost the economy about SBDC service locations in the United States, ative. $100 billion a year. Much of this cost is Puerto Rico, US Virgin Islands, Guam and Mr. MANZULLO. Mr. Speaker, on paid by small business owners. American Samoa. By using the SBDC network that I demand the yeas and nays. Mr. Speaker, this is the reason why I to conduct this pilot program, H.R. 205 en- The yeas and nays were ordered. support the passage of H.R. 205, the Na- sures that American entrepreneurs receive The SPEAKER pro tempore. Pursu- tional Small Business Regulatory Act regulatory information in a proven vessel. ant to clause 8 of rule XX and the of 2003. This bill requires the Small Last Congress, this legislation passed the Chair’s prior announcement, further Business Administration to enter into House but did not get signed into law. I contin- proceedings on this motion will be an agreement with participating small ued support until we are finally able to adopt postponed. business development centers to pro- this into law. I would also like to commend f vide small businesses with the informa- Representative SWEENEY for continuing to tion necessary to improve their rate of move this bill forward. RECOGNIZING THE 40TH ANNIVER- compliance with Federal and State reg- Ms. JACKSON-LEE of Texas. Mr. Speaker, SARY OF THE SINKING OF THE ulations. Businesses would receive con- I rise in support of H.R. 205. U.S.S. ‘‘THRESHER’’ fidential, free, one-on-one, in-depth I support H.R. 205 because the National Mr. BRADLEY of New Hampshire. counseling regarding compliance with Small Business Regulatory Assistance Act of Mr. Speaker, I move to suspend the Federal and State regulations and 2003 establishes valuable programs that help rules and agree to the resolution (H. would indeed receive referrals to ex- America’s small businesses and entre- Res. 170) recognizing the 40th anniver- perts and other providers of compliance preneurs. sary of the sinking of the U.S.S. assistance. H.R. 205 helps small businesses by estab- Thresher. Again, Mr. Speaker, I commend the lishing a program that provides confidential as- The Clerk read as follows: chairman (Mr. MANZULLO) and the sistance to small business concerns, and pro- H. RES. 170 ranking member. I think that this is vides small businesses with the information Whereas the U.S.S. Thresher was first probably one of the most bipartisan needed to improve their compliance with Fed- launched at Portsmouth Naval Shipyard on committees in the House. It is a com- eral and State regulatory agencies. July 9, 1960; mittee that does indeed work well to- H.R. 205 also enhances the role of federal Whereas, with a crew of 16 officers, 96 sail- gether and it is indeed a committee and state regulatory agencies by creating a ors, and 17 civilians, the U.S.S. Thresher de- that turns out legislation like this bill partnership among various Federal agencies parted Portsmouth Naval Shipyard for her that I am pleased to support. to increase outreach efforts to small busi- final voyage on April 9, 1963; Mr. MANZULLO. Mr. Speaker, I con- nesses, and utilizes the service delivery net- Whereas the military and civilian mix of tinue to reserve the balance of my work of Small Business Development Centers the U.S.S. Thresher crew reflects the unity time. to assist small businesses with access to pro- of the naval submarine service in the protec- tion of the United States; Ms. CHRISTENSEN. Mr. Speaker, I rise grams and assistance with regulatory compli- Whereas at approximately 7:47 a.m. on today in support of H.R. 205, The National ance. April 10, 1963, while in communication with Small Business Regulatory Assistance Act of The positive impact of Small Business De- the surface ship U.S.S. Skylark, and approxi- 2003. This bill amends the Small Business Act velopment Centers on small businesses and mately 300 miles off the coast of New Eng- to direct the establishment of a program which local economies can be seen by looking at the land, the U.S.S. Thresher began her final de- would provide regulatory compliance assist- Small Business Development Center (SBDC) scent; ance to small businesses through participating at the University of Houston in my home Dis- Whereas, on April 10, 1963, the U.S.S. Small Business Development Centers trict. Thresher was declared lost with all hands; The University of Houston SBDC provides Whereas the loss of the U.S.S. Thresher (SBDCs), the Association for SBDCs, and gave rise to the SUBSAFE program, which Federal compliance partnership programs. many services including business manage- has kept United States’ submariners safe at Mr. Speaker, my colleagues and I on the ment, government procurement, and inter- sea as the strongest and safest submarine Small Business Committee have dedicated national trade assistance. It also provides force in history; much time and energy to addressing the issue training and consulting services. The Houston Whereas the loss of the U.S.S. Thresher small business’ burden of complying with fed- SBDC has helped many small businesses gave rise to an ocean engineering curricula eral regulations. One of the greatest chal- excel in Houston’s business market. Each in institutions of higher education that has lenges facing small business owners is under- year the SBDC gives awards to Houston’s Top enabled and sustained the United States’ standing and affording their regulatory require- 100 growing businesses. In 2002, in part be- preeminence in submarine warfare; and Whereas the crew of the U.S.S. Thresher ments. Often, small businesses are so heavily cause of the efforts of the SBDC, a small busi- demonstrated the ‘‘last full measure of devo- penalized for non-compliance with regulatory ness Houston floral products distribution busi- tion’’ in service to the United States, and requirements, that they are forced out of busi- ness, Arko Associates, Inc., experienced this devotion characterizes the sacrifices of ness. Imagine being a small business, in the 191% growth. Another small business Smart all submariners, past and present: Now, current state of our economy, and being faced Kids Software, an education software firm, ex- therefore, be it with paying a $73,000.00 penalty for not sub- perienced 199% growth. Each of these busi- Resolved, That the House of Representa- mitting enough ‘‘supporting documentation.’’ nesses made the Houston Top 100. tives— Mr. Speaker, this is not hypothetical—it is re- These small businesses enhance the quality (1) recognizes the 40th anniversary of the sinking of the U.S.S. Thresher; ality. of life in our local communities. (2) remembers with profound sorrow the The House Small Business Committee has H.R. 205 provides the services and regu- loss on April 10, 1963, of the U.S.S. Thresher held many hearings to examine the myriad of latory compliance assistance to help many and her gallant crew of sailors and civilians; regulations that small businesses are sub- small businesses and entrepreneurs stay in (3) expresses its deepest gratitude to all jected to. For example, it is estimated that the business. submariners on ‘‘eternal patrol’’, who are

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.045 H08PT1 H2884 CONGRESSIONAL RECORD — HOUSE April 8, 2003 forever bound together by their dedicated water. After an extended loss of com- The Thresher’s crew notified its com- and honorable service to the United States; munications with the submarine, a panion ship on the surface, the USS and search and rescue team was deployed. Skylark, that it was experiencing minor (4) requests the Clerk of the House of Rep- In April 1963, it was determined that difficulties. The Skylark then received resentatives to transmit a copy of this reso- lution to the Chief of Naval Operations and she had gone down taking all 129 lives ominous but less clear signals, and to the Commanding Officer of the Ports- of her crew. soon realized that the Thresher had mouth Naval Shipyard to be accepted on be- The brave men who served on this sunk to the depths with all souls on half of the families and shipmates of the submarine died while in service of their board. crew of the U.S.S. Thresher. country, but their sacrifice was not in Despite a depth of 8,400 feet, the The SPEAKER pro tempore. Pursu- vain because from this tragic accident Navy located the wreckage. It was able ant to the rule, the gentleman from came the creation of the United States to investigate and discovered the like- New Hampshire (Mr. BRADLEY) and the Navy SUBSAFE program. This pro- ly cause of the catastrophe. A leak in gentleman from Arkansas (Mr. SNY- gram increased the standards of all the engine room seawater system had DER) each will control 20 minutes. United States Naval submarines’ re- caused a reactor shutdown, and left the The Chair recognizes the gentleman serve buoyancy, allowing submarines sub insufficient power to resurface. The from New Hampshire (Mr. BRADLEY). to rise to the surface more quickly and loss of the Thresher and its crew left an GENERAL LEAVE easily, even when damaged or flooding. important legacy for future genera- Mr. BRADLEY of New Hampshire. Because of the success of this program, tions of submariners. Mr. Speaker, I ask unanimous consent the United States Navy has the safest The Navy subsequently implemented that all Members may have 5 legisla- submarine force in history. new procedures such as the SUBSAFE tive days in which to revise and extend It is important not to forget the role program to ensure that no submarine their remarks on H. Res. 170, the reso- that the United States submarine fleet would ever again enter the water with- lution under consideration. played in winning the Cold War. It was out a full safety certification and rig- The SPEAKER pro tempore. Is there the power and strength of the United orous test program. These changes objection to the request of the gen- States submarines that provided an in- have benefited the Navy and saved tleman from New Hampshire? valuable deterrence which enabled the lives over the last 4 decades. There was no objection. United States to win the Cold War and This week, memorials are being con- Mr. BRADLEY of New Hampshire. end the threat of Soviet aggression. ducted at the Portsmouth Naval Ship- Mr. Speaker, I yield myself such time The submarine crews who gave their yard to mark the 40th anniversary of as I may consume, and I rise today to lives while protecting the United the tragedy. This resolution pays trib- honor the memory of the crew of the States made the ultimate sacrifice for ute to the crew of the USS Thresher, U.S.S. Thresher, an American nuclear their country and should be honored as who continue to be remembered submarine which was lost with all they stand on eternal patrol. During throughout New England for their hands during sea trials off the coast of this time of conflict and unrest, I be- bravery and sacrifice. Today we offer Cape Cod 40 years ago. lieve we must pay tribute to the crew our remembrance and our gratitude to The Thresher was the first of a new of the Thresher and all submarine crews them and express our sorrow to the class of nuclear submarines that would who have given their lives to protect families they left behind. prove to be instrumental in ending the the freedoms and liberties that we Again, I appreciate the gentleman Cold War. I speak today to commend enjoy as American citizens. I urge from New Hampshire (Mr. BRADLEY) in the bravery and heroism of 129 men strong support for this resolution. bringing forth this resolution and ask who lost their lives in this terrible ac- Mr. Speaker, I reserve the balance of the whole House to join us in honoring cident, and to honor all of our men and my time. the lost crew of the Thresher. women in the armed services who have Mr. SNYDER. Mr. Speaker, I yield Mr. SNYDER. Mr. Speaker, I yield given their lives to protect our free- such time as he may consume to the myself such time as I may consume. doms. gentleman from Maine (Mr. ALLEN). Mr. Speaker, I appreciate this resolu- The nuclear attack submarine, U.S.S. Mr. ALLEN. Mr. Speaker, I thank tion being brought to the House floor Thresher, was commissioned on August the gentleman for yielding me this today. April 10, 1963, marks the 40th an- 3, 1961 under the command of Com- time. I rise in strong support of H. Res. niversary for the loss of the Thresher mander Dean Axene. This was the sec- 170, a resolution to commemorate the and brings home once again the dan- ond ship to carry the name Thresher, 40th anniversary of the tragedy of the gers inherent in military service, par- and was built at the Portsmouth Naval USS Thresher, and I thank the gen- ticularly with regard to new tech- Shipyard. The Portsmouth Naval Ship- tleman from New Hampshire (Mr. nology. yard has a long and distinguished his- BRADLEY) for bringing this resolution Our edge militarily in America has tory of building and maintaining the forward. The gentleman from New been and will continue to be our tech- Navy’s submarine fleet. During World Hampshire and I jointly represent al- nology, but with new technology comes War II, Portsmouth established a most all of the workforce at Ports- unexpected risks; and that is what was record for building the largest number mouth Naval Shipyard where the seen with the Thresher. of submarines during a single calendar Thresher was built in 1961 and which A word about nuclear-powered sub- year, 31 in 1944. continues to serve a vital function for marines, and that is that not only did On October 18 of that year, the the Navy in submarine repair and over- these men demonstrate courage, but Thresher sailed south to Puerto Rico, haul. also the very nature of their work dem- where she conducted sea trials of her Mr. Speaker, 40 years ago 129 sailors, onstrates intelligence, high levels of weapon systems and diving mecha- officers and civilians lost their lives education, long-term commitments to nisms. Upon completion of these exten- when the USS Thresher went down off the submarine service and to the nu- sive tests, the Thresher returned to her the coast of Cape Cod. It was one of the clear force. We also have to recognize home port of Portsmouth for an over- worst peacetime submarine disasters in the dedication and perseverance of haul before commencing active duty. history. The Thresher was the lead ship their family members who have to After finishing the overhaul, she was of a new class of nuclear-powered sub- share with them their commitment to escorted by the U.S.S. Skylark to an marines. Following commissioning in nuclear submarines. area 300 miles off the coast of Cape August 1961, the Thresher spent the So today we pay tribute to the 129 Cod, Massachusetts. next year and a half in sea trials to men, including 17 civilians, who were test its technological enhancements. It lost 40 years ago and now rest at 8,400 b 1415 returned to Portsmouth Naval Ship- feet in the ocean. I thank the gen- There she conducted a series of deep- yard for overhaul. tleman from New Hampshire (Mr. diving tests. During one of these tests, On April 9, 1963, the Thresher de- BRADLEY) for bringing this resolution. the Skylark received a number of gar- parted for deep-sea training. The next Ms. JACKSON-LEE of Texas. Mr. Speaker, bled transmissions from the Thresher, morning as the boat was near its max- I rise today to express my deepest sympathies followed by what sounded like rushing imum depth, something went wrong. to the crew and families that perished with the

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A08AP7.013 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2885 USS Thresher. On board was a crew of 16 of- noncommunist student organization with complishing these necessary reforms, includ- ficers, 96 sailors and 17 civilians, and on April fellow students from Croatia and Slovenia, ing efforts to fight organized crime and cor- 10, 1963, the submarine was declared lost Zoran Djindjic moved to Germany, where he ruption. earned a doctorate in philosophy under The SPEAKER pro tempore. Pursu- with all hands. ¨ Jurgen Habermas in 1979, and returned to ant to the rule, the gentleman from I am in support of the House Resolution Yugoslavia in 1989 to teach philosophy at 170, in recognizing the 40th anniversary of the Novi Sad University; Nebraska (Mr. BEREUTER) and the gen- sinking of the USS Thresher. I hope we all Whereas in 1989, Djindjic joined a group of tleman from California (Mr. LANTOS) can take a moment to remember with pro- Serb dissident writers and intellectuals to each will control 20 minutes. found sorrow the loss of those brave and gal- found the Democratic Party; The Chair recognizes the gentleman lant people aboard, both sailors and civilians. Whereas one year later, Djindjic was voted from Nebraska (Mr. BEREUTER). I also want to take this time to express my the Chairman of the Democratic Party Exec- GENERAL LEAVE deepest gratitude to all submariners on ‘‘eter- utive Board and in January 1994, he was Mr. BEREUTER. Mr. Speaker, I ask elected the party’s president; nal patrol.’’ These men and women are for- Whereas Djindjic became a member of the unanimous consent that all Members ever bound together by their dedicated and Serbian Parliament in 1990, serving as the may have 5 legislative days within honorable service to the United States, and party’s parliamentary group whip and a which to revise and extend their re- we thank you for taking such pride in this member of the Republic’s Council at the marks on the resolution under consid- honor. Federal Parliament 3 years later; eration. The loss of the USS Thresher gave rise to Whereas following 88 days of mass protests The SPEAKER pro tempore. Is there the SUBSAFE program. This has kept United over electoral manipulation during local objection to the request of the gen- elections in 1996, Zoran Djindjic was elected States Submariners safe at sea, and we have Belgrade’s first noncommunist mayor since tleman from Nebraska? the safest and strongest submarine fleet in World War II; There was no objection. history. Its loss also gave rise to furthering Whereas Djindjic is widely believed to be Mr. BEREUTER. Mr. Speaker, I yield oceanic studies, so we can continue to protect the chief strategist and main organizer be- myself such time as I may consume. the men and women who serve our nation so hind the Yugoslav presidential elections of Mr. Speaker, this Member rises today well. September 24, 2000, and the uprising of Octo- in strong support of H. Res. 149, a reso- Mr. SNYDER. Mr. Speaker, I yield ber 5, 2000, that resulted in the overthrow lution expressing the condolences of back the balance of my time. and delivery of former Yugoslav President the House of Representatives in re- Mr. BRADLEY of New Hampshire. Slobodan Milosevic to the International sponse to the assassination of Prime Criminal Tribunal for the former Yugoslavia Mr. Speaker, I yield back the balance (ICTY), that was investigating atrocities Minister Zoran Djindjic of Serbia. It is of my time. committed during the tragic and violent with sadness that this Member brings The SPEAKER pro tempore (Mr. breakup of Yugoslavia; this resolution to the floor of the TERRY). The question is on the motion Whereas subsequent cooperation with the House of Representatives today. Prime offered by the gentleman from New ICTY has been judged to be less than opti- Minister Djindjic was assassinated on Hampshire (Mr. BRADLEY) that the mal, but in recent months Prime Minister March 12. This tragic event was a House suspend the rules and agree to Djindjic moved forcefully to fight the orga- shock to the people of Serbia, to the nized criminal structures that Serbia inher- the resolution, H. Res. 170. people of the Balkans, and to people The question was taken. ited from the Milosevic era and to arrest war criminals who have remained at large; around the world. The SPEAKER pro tempore. In the Whereas Djindjic is also credited with mas- If anyone represented the present opinion of the Chair, two-thirds of terminding the Serbian elections of Decem- state of the Balkans, all of the changes those present have voted in the affirm- ber 2000, in which the Democratic Opposition that occurred in recent years, the hope ative. of Serbia (DOS), a coalition of 18 parties for a free, democratic and prosperous Mr. BRADLEY of New Hampshire. spanning a broad range of the political spec- future, it was Prime Minister Djindjic. trum, won 65 percent of the popular vote; Mr. Speaker, on that I demand the yeas He was the decisive leader who played and nays. Whereas the DOS elected Djindjic to be Prime Minister of Serbia on January 25, 2001; a critical role in bringing democracy to The yeas and nays were ordered. Serbia. He was probably the most visi- The SPEAKER pro tempore. Pursu- Whereas during his 2-year tenure as Prime Minister, Zoran Djindjic sought to advance ble and important proponent of helping ant to clause 8 of rule XX and the democracy, human rights, free market re- the Serbian people come to terms with Chair’s prior announcement, further forms, and the rule of law; the past, the destruction and the injus- proceedings on this motion will be Whereas Djindjic’s leadership raised des- tices of the tragic events which have postponed. perately low living standards and advanced been happening in the Balkans over the f the integration of Serbia into Europe; and Whereas Prime Minister Djindjic managed past decade. He was the leader most de- EXPRESSING CONDOLENCES OF to maintain a disparate 17-party coalition termined to integrate his country into HOUSE OF REPRESENTATIVES government with a narrow majority in order Europe and the community of Western TO ASSASSINATION OF PRIME to achieve these urgently needed reforms: democracies, to provide a future of se- MINISTER ZORAN DJINDJIC OF Now, therefore, be it curity, prosperity, and hope to the Ser- SERBIA Resolved, That— bian people. (1) the House of Representatives offers its However, only 21⁄2 years after the Mr. BEREUTER. Mr. Speaker, I move condolences and deepest sympathy to the to suspend the rules and agree to the people of Serbia and the family of Zoran overthrow of Slobodan Milosevic, let us resolution (H. Res. 149) expressing the Djindjic following the assassination of Prime not forget how fragile freedom and de- condolences of the House of Represent- Minister Djindjic; mocracy in the region really is. During atives in response to the assassination (2) the House of Representatives under- this crucial period, Prime Minister of Prime Minister Zoran Djindjic of stands that organized criminal groups within Djindjic was the leader who rep- Serbian society continue to threaten the free resented the best hope for the changes Serbia, and for other purposes. and democratic government of Serbia and The Clerk read as follows: and reforms necessary to lead the Montenegro; former Yugoslavia to a new and dif- H. RES. 149 (3) the House of Representatives recognizes Whereas Prime Minister Zoran Djindjic that while implementing necessary reforms ferent direction; but in the context of a symbolized the hopes of a new generation of and cooperating with the International country and a region of so much vio- Serbs exhausted by decades of war and tur- Criminal Tribunal for the former Yugoslavia lence, hatred and corruption over the moil until he was felled by 2 sniper bullets in may carry significant risks for the leader- past decade, anyone who would have front of his office in the center of Belgrade ship of Serbia and Montenegro, these reforms made these necessary forums would on Wednesday, March 12, 2003; and this cooperation are necessary and must certainly make enemies and endanger Whereas Djindjic’s killing was a heinous continue; and both himself and the path of reform in attack on democracy; (4) it is the sense of the House of Rep- his country. Whereas Zoran Djindjic was born on Au- resentatives that the United States should Prime Minister Djindjic sought to gust 1, 1952, in Bosnia and became politically support continued democratic reforms initi- active during his student years at the Uni- ated by Zoran Djindjic, should urge his suc- change the political system in Serbia, versity of Belgrade; cessors to dedicate themselves to continue to sought to fight organized crime and of- Whereas after spending several months in support his road to reform, and should pledge ficial corruption, and sought to bring jail for attempting to create an autonomous to assist Serbia and its new leadership in ac- suspected war criminals to justice. He

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.028 H08PT1 H2886 CONGRESSIONAL RECORD — HOUSE April 8, 2003 attempted to develop better political Mr. Speaker, the tragic assassination (Mr. EMANUEL), one of the original institutions, to establish an inde- of Prime Minister Djindjic happened movers of this important resolution. pendent judiciary, and to reform the just a few weeks ago, but the repercus- (Mr. EMANUEL asked and was given police and the military. Although not sions of this barbaric act will be felt permission to revise and extend his re- exempt from what may have been le- throughout the Balkans for years to marks.) gitimate criticism, perhaps even ap- come. Mr. EMANUEL. Mr. Speaker, I thank pearing to turn a blind or jaded eye to Prime Minister Djindjic was a coura- the gentleman from California (Mr. some of the forces that are so prevalent geous and bold political leader, an LANTOS) for yielding me this time. in Serbian society, he was seen to be anti-communist and a democratic ac- Mr. Speaker, I rise as an original co- making remarkable progress. He was tivist. He was one of the leaders of the sponsor and in strong support of House the leader of a coalition and the leader ouster of dictator Slobodan Milosevic Resolution 149, expressing the sorrow of a younger generation who were in the fall of 2000. Djindjic was a Ser- of the House of Representatives in re- bringing their efforts to bear to trans- bian patriot who clearly understood sponse to the assassination of Serbian form Serbian society. However, in the that Serbia’s future lay in Europe, not Prime Minister Zoran Djindjic earlier process, the forces of the past proved in the isolation nationalism that this month. remarkably entrenched and widely plagued the Balkans at the sunset of On behalf of more than 1,000 of my based. the 20th century. constituents of Serbian descent, I com- Mr. Speaker, let us recognize how Prime Minister Djindjic will go into mend the gentleman from Illinois significant the tragic event of March history books as the man who made (Chairman HYDE); the gentleman from 12, 2003, is for Serbia and the Balkans. the brave decision to extradite former California (Mr. LANTOS) ranking mem- Let us recognize that the path of re- dictator Slobodan Milosevic to The ber; as well as the gentleman from Ne- form and fighting the forces of the past Hague for trial on war crimes. It is braska (Mr. BEREUTER), the Europe is not easy. Reformist leaders in Serbia widely believed that the renewed at- Subcommittee chairman; and the gen- and throughout the Balkans are vul- tempts by Mr. Djindjic and his govern- tleman from Florida (Mr. WEXLER), nerable, and reformist and newly- ment to go after entrenched organized ranking member, for their leadership democratic governments are fragile. crime in Serbia and war criminals in in recognizing a truly remarkable re- President Bush said Prime Minister that country led to his assassination. former and a champion of democracy in the Balkans. Djindjic will be remembered for his b 1430 role in bringing democracy to Serbia The world has lost a great friend and and for his role in bringing Slobodan Prime Minister Djindjic was also a a true democrat in the Prime Minister. Milosevic to justice. pragmatic politician. While pushing While our brave troops engage in an- Mr. Speaker, let us also remember the Serbian nation towards Europe, other war-torn region, we identify with Prime Minister Djindjic for his courage Mr. Djindjic also tried to appease na- the war-weary citizens of Serbia and and bravery in fighting some of the tionalistic elements of Serbian society. Montenegro who lived under most corrosive and virulent forces of His government’s cooperation with the Milosevic’s cruelty. the past in Serbia and the former International War Crimes Tribunal was Serbia has courageously dem- Yugoslavia. This resolution shows that uneven, but on balance Mr. Djindjic onstrated that it is willing to defeat a the House of Representatives supports was leading Serbia in a positive direc- brutal tyrant and will not allow its the reforms that Prime Minister tion, progress that will be set back as democratic progress to unravel. As we Djindjic spoke about most ener- Serbia deals with the ramifications of mourn the Prime Minister’s death, this getically and upon which he sought ac- this horrendous assassination. resolution says loud and clear that tion. Reflecting upon the forces that Mr. Speaker, today we mourn, to- America will work with Serbia to en- brought his death must cause our coun- gether with the Serbian people and sure that its path to democracy will try and the international community with Mr. Djindjic’s colleagues and never be deterred. to redouble our efforts to assist the loved ones. We know that the job of To all the young democracies of to- country of Serbia and Montenegro as it leading Serbia is risky and difficult, morrow, who, like Serbia, have also seeks a new and different future. and we pledge to offer support to the thrown off the yoke of dictatorship and We offer our strongest encourage- continued democratic reforms initiated totalitarianism and embraced the val- ment to the new leaders of Serbia and by Mr. Djindjic. That is why today, Mr. ues of liberty and freedom, this resolu- Montenegro so that they may redouble Speaker, I want to call on my col- tion says to them that the United their efforts in pursuit of crucial re- leagues in Congress and in our govern- States, the House of Representatives, forms. They must have the courage, ment to remain engaged in the Balkans the people’s House will stand with the resources, and the support first of and to offer continued support to the them no matter how many tomorrows their citizenry and their country, but reformers there. Our national interest it takes to achieve democracy. also the international community to will suffer if this region backslides to- The Serbian people are our fellow aggressively fight the forces of the wards lawlessness and conflict. countrymen and allies because they past, the forces of hatred and violence, The United States has unfinished embrace the values of democracy and the forces of organized crime and the business in the Balkans. The establish- freedom. Our nations share a mutual history of official corruption in their ment of a genuine rule of law and a admiration for democracy, which is country. system of justice that benefits the citi- never a guarantee or a foregone conclu- Mr. Speaker, in offering this resolu- zens of these countries, the restruc- sion. It is accomplished only through tion and statement, this Member offers turing of local economies, the estab- perseverance and courage. Democracy his deepest sympathies and heartfelt lishment of a vigorous civil society, requires the force of vision and deter- condolences to the family of Prime the creation of independent media, and mination endowed upon great leaders Minister Djindjic and the people of Ser- the resettlement of refugees are just a like the late Prime Minister. His death bia and Montenegro. few of the tasks that remain. at only 50 is a great loss for his family Mr. Speaker, I reserve the balance of Mr. Speaker, with continued U.S. and friends, and it is also a tremendous my time. leadership and engagement in the Bal- loss for the democratic progress in the Mr. LANTOS. Mr. Speaker, I yield kans, these tasks can all be achieved. I Balkans. The New York Times edito- myself such time as I may consume. urge all of my colleagues to support rialized on the day after his murder: Mr. Speaker, I rise in strong support the passage of this important resolu- ‘‘In countries that lack institutions, of this resolution. First, I would like to tion. individuals matter greatly.’’ commend the gentleman from Illinois Mr. Speaker, I reserve the balance of After Yugoslavia fell apart following (Chairman HYDE); the chairman of the my time. Marshal Tito’s death, a common line Subcommittee on Europe, the gen- Mr. BEREUTER. Mr. Speaker, I have that the nation had been held together tleman from Nebraska (Mr. BEREUTER); no further requests for time, and I re- by the force of his personality, and the gentleman from Illinois (Mr. serve the balance of my time. Milosevic dragged Yugoslavia back to a EMANUEL) for their leadership on this Mr. LANTOS. Mr. Speaker, I yield 4 darker time by igniting human geno- important resolution. minutes to the gentleman from Illinois cide not seen in Europe since Hitler.

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.055 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2887 But the brilliance, the charisma, the delivery of Slobodan Milosevic to the Inter- Cuban people to bring democratic change to force of vision of Zoran Djindjic national Criminal Tribunal. Mr. Djindjic under- the island by denying universally recognized steered Serbia away from an era of eth- stood that horrific war crimes were being com- liberties, including freedom of speech, as- mitted, and was there to support his people to sembly, association, movement and of the nic cleansing and towards liberty and press; equality. The Prime Minister was a re- see their persecutor punished. Whereas on March 9, 2003, many of Cuba’s former who envisioned a free and mod- Zoran Djindjic was elected Prime Minister of prominent dissidents issued a statement ti- ern Europe. In less than 2 years he lib- Serbia on January 25, 2001. In his two year tled ‘‘Joint Statement’’ to the European eralized markets, elections, the press, tenure, he sought to advance democracy, Union, wherein they reaffirmed their view of and parliamentary debate. He showed human rights and free market reforms. The the Cuban Government’s ‘‘total vocation to that the human spirit and desire for United States values its democratic cohorts, immobility and its refusal to respect inter- freedom can never be extinguished. and we can appreciate even more the people nationally recognized human rights or ac- cept the existence of legitimate political op- Through calm persuasion he brokered who seek to bring democracy to a region that has not had the privilege of maintaining it. Mr. position’’ and further stated that ‘‘in recent a compromise with Montenegro, helped times the Cuban Government has intensified prevent further bloodshed in Kosovo, Djindjic was an effective democratic leader; he its political and social repression’’; restored human rights and economic raised the low living standard and opened the Whereas commencing on March 17, 2003, realization, the rule of law to a nation Serbian markets to precipitate trade through- the Cuban Government carried out a mas- torn apart by four wars and two rebel- out Europe. He was a stable Prime Minister sive, island wide crackdown on members of lions started by his predecessor, who effectively dealt with the task of keeping Cuba’s pro-democracy movement, which in- a 17 party coalition government. cluded the arrest of over 80 dissidents, Milosevic. among them many who signed the ‘‘Joint After extraditing Milosevic and other Zoran Djindjic understood the value of human rights, and worked tirelessly to main- Statement’’, activists of the Assembly to war criminals, the world contributed Promote Civil Society, promoters of the more than $1 billion in economic aid tain equal opportunities in a country that had been vacated of such leadership for half a Varela Project, independent journalists, and which proved a tremendous boost to a numerous members of Cuba’s nascent inde- century. He was an advocate of civil liberties people whose standard of living had pendent civil society; and individual freedoms. We should feel so long been the worst in Europe. He Whereas the Cuban Government arbitrarily lucky to have had an ally of our American taught his countrymen to appreciate searched the homes and confiscated personal principles over in Eastern Europe. items belonging to pro-democracy activists; the rewards of integrating into the Eu- The death of Prime Minister Zoran Djindjic Whereas independent journalists were rope of tomorrow, the Europe of the is a travesty on so many levels. We have lost among those incarcerated in this massive 21st century, and his steadfast pursuit one of our democratic allies, someone who crackdown, including Raul Rivero, known as of reforms gave democracy a foothold wanted the best for his country. The Serbian the dean of the dissident independent jour- in Serbia and the people of Serbia a people have lost one of their greatest leaders. nalists in Cuba; hope of tomorrow. Whereas independent librarians, who make I stand firmly in support of this resolution, so their homes available so that the Cuban pop- In these difficult times, Mr. Speaker, the United States Congress can show its sym- we stand with our friends in the Bal- ulation may have access to publications oth- pathy in a time of great mourning. erwise censored by the Cuban Government, kans as they mourn a fallen hero and Mr. BEREUTER. Mr. Speaker, I yield also became victims of repression, as many search for a new leader dedicated to back the balance of my time. were arrested, their homes ransacked and fulfilling the democratic vision of mod- Mr. LANTOS. Mr. Speaker, we have searched, and publications and other belong- ern Serbia who will always be remem- no additional speakers, and I yield ings confiscated; bered in history for his honor, his back the balance of my time. Whereas Marta Beatriz Roque, and other greatness, and his selfless commitment The SPEAKER pro tempore (Mr. leaders of the ‘‘Assembly to Promote Civil to the public good. TERRY). The question is on the motion Society’’, an islandwide movement seeking offered by the gentleman from Ne- to coordinate the various sectors of Cuba’s Mr. BEREUTER. Mr. Speaker, I yield nascent independent civil society who work myself such time as I may consume. braska (Mr. BEREUTER) that the House for a democratic transition, were incarcer- I want to thank the gentleman from suspend the rules and agree to the reso- ated and face lengthy sentences, including California (Mr. LANTOS) and the gen- lution, H. Res. 149. life sentences; tleman from Illinois (Mr. HYDE) for ex- The question was taken. Whereas activists who have collected or pediting the consideration of this reso- The SPEAKER pro tempore. In the signed petitions for the Varela Project were lution. I want to particularly note the opinion of the Chair, two-thirds of also incarcerated in this crackdown and may contributions of the gentleman from Il- those present have voted in the affirm- also face life sentences; Whereas more than 80 pro-democracy lead- linois (Mr. EMANUEL) who had the ative. Mr. BEREUTER. Mr. Speaker, on ers who work for a peaceful transition to de- major role in drafting the legislation. I that I demand the yeas and nays. mocracy in Cuba have been incarcerated and am grateful to have his assistance and The yeas and nays were ordered. sentenced under ‘‘Law 88’’ and ‘‘Law 91’’, two his cosponsorship along with a substan- The SPEAKER pro tempore. Pursu- draconian totalitarian laws that call for long tial number of other Members who be- sentences of 10, 15, or 20 years, or life impris- ant to clause 8 of rule XX and the onment, or even death for pro-democracy ac- lieve this is an important way for the Chair’s prior announcement, further House to recognize the contributions of tivity; proceedings on this motion will be Whereas there is concern for the well-being the Prime Minister. postponed. and safety for all of Cuba’s political pris- Ms. JACKSON-LEE of Texas. Mr. Speaker, f oners, particularly Juan Carlos Gonzalez I rise today to express my deepest condo- Leyva, who is a blind human rights activist lences to the nation of Serbia, the friends, SENSE OF HOUSE REGARDING incarcerated since March of 2002 without family, admirers and supporters or Zoran SYSTEMATIC HUMAN RIGHTS being formally charged, and Leonardo Djindjic. The Serbian prime minister, who was VIOLATIONS IN CUBA COM- Bruzon Avila, who has been denied medical tragically assassinated, was a leading pro- MITTED BY CASTRO REGIME attention according to Amnesty Inter- ponent of democracy, human rights, and Ms. ROS-LEHTINEN. Mr. Speaker, I national, despite the effects of a prolonged hunger strike while in prison.; progress for the country of Serbia. move to suspend the rules and agree to Whereas a plea for solidarity was made The assassination of Prime Minister Djindjic the resolution (H. Res. 179) expressing from within the notoriously harsh prison in was more than the killing of an admirable the sense of the House of Representa- Cuba known as ‘‘Combinado del Este’’ and leader; it was a heinous attack on democracy. tives regarding the systematic human signed by 21 political prisoners, among them Mr. Djindjic was elected Belgrade’s first non- rights violations in Cuba committed by Dr. Oscar Elias Biscet, Francisco Chaviano, communist mayor since World War II. He be- the Castro regime, calling for the im- Rafael Ibarra, and Jorge Luis Garcia Perez lieved in the ideal and principles of maintain- mediate release of all political pris- ‘‘Antunez’’ to the member states of the 59th ing a democratic state, and dedicated himself oners, and supporting respect for basic Session of the United Nations Human Rights to pursuing that cause. human rights and free elections in Commission; Whereas the Cuban Government has car- We can thank Zoran Djindjic for being a Cuba. ried out ‘‘summary trials’’ to expeditiously chief organizer of the Yugoslav presidential The Clerk read as follows: sentence pro-democracy leaders to try to in- elections in September 2000. We also owe H. RES. 179 timidate and silence other pro-democracy him tribute as being a principal strategist for Whereas the Cuban Government continues activists on the island, while world attention the October 2000 uprising, which led to the to repress all peaceful attempts by the is primarily focused on Iraq;

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.059 H08PT1 H2888 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Whereas the Castro regime has engaged in Ms. ROS-LEHTINEN. Mr. Speaker, I VILLA CLARA mass arrests of dissidents while the United yield myself such time as I may con- Librado Linares Garcı´a, Periodista Nations Commission on Human Rights, of sume. Independiente—20 years. which Cuba is a member, is meeting in Gene- Nobel peace laureate Eli Wiesel has Lester Gonza´ lez Pento´ n, Periodista va; Independiente—20 years. Whereas certain member countries of the said: ‘‘. . . to remain silent and indif- Omar Ruiz Herna´ ndez, Periodista Latin American and Caribbean group ferent is the greatest sin of all . . .’’ Independiente—18 years. (GRULAC) at the United Nations Commis- Indifference breeds evil. Indifference Margarito Broche Espinosa, opositor—25 sion on Human Rights are currently drafting is the enemy of freedom. Indifference years. ´ a resolution on the violations of human helps cloak the deplorable actions of Omar Pernet Hernandez, opositor—25 rights by the Cuban Government; tyrants. years. Whereas the Cuban Government has re- Cuba’s ruthless dictator counts on ISLA DE PINO peatedly violated the rights enshrined in the this indifference. Taking advantage of Favio Prieto Llorente, Periodista Universal Declaration of Human Rights, the global attention being focused on Iraq Independiente—20 years. Inter-American Convention on Human and noting the worldwide tendency to The list seems endless as the Rights, and other international and regional daunting reality of what the dictator- human rights agreements, and has violated ignore or minimize the deplorable human rights condition in Cuba, the ship has done sinks into our conscious- the mandates issued by the United Nations ness. Since March 18, Mr. Speaker, Cas- Commission on Human Rights; Castro regime has launched a full-scale Whereas foreign diplomats and members of assault on those who are struggling to tro’s security agents have been storm- the international press have been barred by bring freedom and democracy to this ing into the homes of dissidents and the Cuban Government from being present at enslaved nation. Courageous men and other opposition leaders across the is- the ‘‘summary trials’’; and women such as Marta Beatriz Roque, land, confiscating typewriters, books, Whereas pro-democracy leaders on the is- an independent economist and leading papers, and other professional and per- land have come together to call for the im- sonal belongings. And what have been mediate release of all Cuban political pris- pro-democracy advocate, are being sen- tenced to harsh prison terms of 20 their so-called crimes? Engaging in oners, and are requesting international soli- such ‘‘threatening’’ activities such as darity with the internal opposition, as re- years. Marta Beatriz had previously possessing and lending books by au- flected in a March 31, 2003, statement signed spent nearly 3 years in prison for pub- by some of the most prominent dissidents on lishing, along with three other col- thors such as Vaclac Havel, Ghandi and Martin Luther King. Hector Palacios the island: Now, therefore, be it leagues, a paper calling for democratic Ruiz, for example, was engaged in such Resolved, That the House of Representa- reforms. Independent journalists such ‘‘treasonous’’ behavior, to quote the re- tives— as Raul Rivero, who is highlighted in (1) condemns the brutal crackdown of the gime, as helping to draft the document the resolution before us, as the dean of Cuban Government on the island’s peaceful in December of last year which called the independent dissident Cuban jour- pro-democracy movement; for ‘‘free hiring of employees.’’ He was nalists, was sentenced to 20 years. Fel- (2) calls for the immediate release of all also found in possession of books such low journalists such as Ricardo Gon- Cuban political prisoners; as ‘‘Castro’s Final Hours’’ and ‘‘A Man- (3) supports the right of the Cuban people zalez Alfonso and Hector Maseda ual for Education in Human Rights’’ as to exercise fundamental political and civil Gutierrez also received 20-year sen- well as children’s games. liberties, including freedom of expression, tences. assembly, association, movement, press, and Every day more and more opposition Other victims of this wave of repres- leaders are sentenced to languish in the right to multiparty elections; sion include Jose Daniel Ferrer, a (4) calls on the United States Permanent squalid jail cells and subjected to the Representative to the United Nations and member of the Christian Liberation most inhumane and degrading treat- other International Organizations in Geneva, Movement, whose penalty was in- ment. We cannot and must not be si- Switzerland, to work with the member coun- creased to death per a special request lent. We cannot and must not be indif- tries of the United Nations Commission on by the puppet whom the regime has as ferent to the anguish and misery en- Human Rights to ensure a resolution that in- the presiding judge. There is also inde- dured by the Cuban people just 90 miles cludes the strongest possible condemnation pendent union labor leader Oscar of the current crackdown of dissidents and of off our shores at the hands of the de- Espinosa Chepe, and Manuel Vazquez praved and cruel dictator and his the gross human rights violations committed Portal, Nelson Molinet Espino and Nel- by the Cuban Government; and agents of terror. (5) calls on the Latin American and Carib- son Alberto Aguiar. The European Union has issued state- bean group (GRULAC) at the United Nations I enter into the RECORD their names ments condemning the arrests and de- Commission on Human Rights to exclude and their sentences. manding that these prisoners of con- Cuba from its slate of candidates for the PINAR DEL RIO´ science be immediately released. Am- United Nations Commission on Human Vı´ctor Rolando Arroyo Carmona, nesty International urged Cuba to re- Rights and urges all member nations to op- Periodista Independiente—Life in prison. lease all of its prisoners of conscience pose renewing Cuba’s membership on the Horacio Julio Pin˜ a Borrego, Periodista and reform the laws which make such United Nations Commission on Human Independiente—12 years. Rights until the Government of Cuba ad- Eduardo Dia´ z Fleitas, opositor—15 years. detentions possible. Human Rights heres to international human rights stand- Fidel Sua´ rez Cruz, opositor—12 years. Watch called on the United Nations ards, such as those delineated in the Uni- CIUDAD HABANA Commission on Human Rights to con- versal Declaration of Human Rights. Rau´ l Rivero Castan˜ eda, Periodista demn these abuses and do so strongly The SPEAKER pro tempore. Pursu- Independiente—Life in prison. and unequivocally. Human Rights ant to the rule, the gentlewoman from Jorge Olivera Castillo, Periodista International, the American Society of Florida (Ms. ROS-LEHTINEN) and the Independiente—Life in prison. Newspaper Editors, and the Inter- Ricardo Gonza´ les Alfonso, Periodista gentleman from California (Mr. LAN- American Press Association have all Independiente—Life in prison. denounced this incredible Stalinist TOS) each will control 20 minutes. ´ ´ Hector Maceda Gutierrez, Periodista crackdown. Newspapers such as the The Chair recognizes the gentle- Independiente—Life in prison. Houston Chronicle, the San Diego woman from Florida (Ms. ROS- Manuel Va´ zquez Portal, Periodista Union Tribune, the Pittsburgh Post- LEHTINEN). Independiente—16 years. Osvaldo Alfonso Valdez, opositor—Life in Gazette have run editorials with head- GENERAL LEAVE prison. lines underscoring that: ‘‘Saddam and Ms. ROS-LEHTINEN. Mr. Speaker, I Pedro Pablo A´ lvarez Ramos, opositor—Life Fidel are Birds of a Feather’’; ‘‘Crack- ask unanimous consent that all Mem- in prison. down in Cuba: A Reminder that Castro bers may have 5 legislative days within He´ctor Palacio Ruiz, opositor—Life in pris- on. is Still a Tyrant’’; and ‘‘Castro’s Re- which to revise and extend their re- gime as Repressive as Ever.’’ marks on the resolution under consid- LA HABANA The Los Angeles Times led its edi- eration. Miguel Galvan´ Gutie´rrez, Periodista torials by saying: ‘‘After years of call- The SPEAKER pro tempore. Is there Independiente—Life in prison. Jose´ Ubaldo Izquierdo Herna´ ndez, ing for liberalized relations with Cuba, objection to the request of the gentle- Periodista Independiente—20 years. this editorial page must now urge woman from Florida? He´ctor Rau´ l Valle Herna´ ndez, opositor—15 American policymakers to hit the There was no objection. years. brakes.’’

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.017 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2889 Just today the Washington Post ran permitted to witness the summary torship is in the midst of a brutal an editorial by Richard Cohen which trials, which does not surprise those of crackdown on the peaceful pro-democ- said: ‘‘I would like to hear some moral us who have experienced the tactics of racy movement in Cuba. outrage about Castro . . . Fidel Castro the Gestapo in Hitler’s time and the Since the world’s attention has been is a thug and a fool.’’ KGB under Stalin. Fidel Castro is a focused on Iraq for some weeks, the But it is our turn now to speak. It is worthy follower of both of these out- Cuban tyrant decided to crack down on our time for the U.S. Congress to stand rageous dictators. the peaceful pro-democracy movement, behind the Cuban people, side by side, Not only are the trumped-up charges including independent librarians, inde- as it has done for so many times before against these political dissidents inde- pendent journalists, independent physi- and is so doing with the Iraqi people. fensible; Castro and his henchmen are cians, and many others; rounded them This resolution is a strong first step. convicting individuals for practicing up and has thrown them in dungeons. House Resolution 179 details the se- their profession and exercising their Some of the so-called summary trials quence of events which have transpired fundamental political and civil lib- have already taken place. Perhaps the in recent weeks and places particular erties. best known independent journalist in emphasis on the plight of these polit- Accordingly, Mr. Speaker, our resolu- Cuba, Raul Rivero, was already sen- ical prisoners such as Juan Carlos Gon- tion calls upon the international com- tenced in one of those sham Roman cir- zalez Leyva, a blind human rights dis- munity to recognize these outrageous cus trials, sentenced for having a type- sident imprisoned for over a year who violations of human rights and to ex- writer, for having some articles pub- is gravely ill and has yet to receive clude Cuba from the United Nations lished. For having articles published in medical attention. Commission on Human Rights after its Spain and in the United States and for term expires at the end of this year. other such ‘‘crimes,’’ Raul Rivero has b 1445 Mr. Speaker, while Castro and his been sentenced to 20 years. Mr. Speaker, I reserve the balance of henchmen seem intent to break the Marta Beatriz Roque, mentioned by my time. backs of many political dissidents and the distinguished gentleman from Cali- Mr. LANTOS. Mr. Speaker, I yield their growing organizations in a man- fornia, perhaps one of the best known myself such time as I may consume ner not seen since the 1960s, the regime of the political prisoners rounded up in and rise in strong support of this reso- has concentrated much of its fury this totalitarian crackdown, was sen- lution. against the Varela Project. Founded tenced to 20 years. Her indictment Mr. Speaker, first I would like to and led by Oswaldo Paya, the Varela makes interesting reading, if it can be thank my friend, the gentleman from Project asks Cubans to sign a petition called an indictment. Illinois (Chairman HYDE), for expe- calling for a referendum on open elec- The dictatorship charged her with diting consideration of this resolution; tions, freedom of speech, freedom for having created a Web page, with having and I want to congratulate my good political prisoners, and free enterprise. a computer in her home, with utilizing friend, the gentlewoman from Florida Despite gigantic risks, over 30,000 cou- a server in the United States for her (Ms. ROS-LEHTINEN), for her powerful rageous Cubans have penned their Web page, for having spoken on Radio and eloquent statement and for her names to the petition in the hope for Marti, for having published articles in leadership on this resolution, as well as change. an independent publication known as my colleagues, the gentleman from Mr. Speaker, we have had many con- ‘‘Encuentro,’’ for having in her posses- New Jersey (Mr. MENENDEZ) and the tentious disagreements, both in com- sion in her home a fax machine of the gentleman from Florida (Mr. LINCOLN mittee and on this floor, on how best to mark Panasonic, and for having a copy DIAZ-BALART). bring about change in Cuba; but today machine, a Canon copy machine. Mr. Speaker, after several years of this body stands united in solidarity That is in the so-called indictment in masquerading as a liberalizing regime, with those who endure torture, incar- the year 2003, in this hemisphere, by the brutal and deplorable nature of ceration, and deprivation of all types the Cuban tyrant, the indictment pre- Fidel Castro’s sickening communist because they dare to strive for free- pared by the Cuban tyrant of Marta state has manifested itself once again. dom. Beatriz Roque, who has been sentenced In the last couple of weeks, Castro’s We stand together in strong con- to 20 years. thugs have arrested and detained ap- demnation of these cowardly arrests I think that much of the responsi- proximately 80 Cubans. Their crime? and the outrageous prosecution and bility for what is going on in Cuba They sought to express their disagree- persecution of those 80 individuals, and today, unfortunately, lies with the fact ment with their government, provide we demand their immediate release that the international media does not an independent media voice, stock and the release of all political pris- report sufficiently with regard to what their shelves with banned literature oners in Castro’s jails. We stand to- happens in Cuba. that reports the interests of inde- gether in our conviction that, despite A distinguished new colleague of ours pendent labor, and otherwise improve the Castro regime, democracy will pre- recently actually told me she had wit- the lot of their fellow citizens. vail in Cuba. nessed a Special Order that we did pre- Among those arrested, Mr. Speaker, Mr. Speaker, I strongly urge all of cisely on this crackdown, a number of were prominent political dissidents, my colleagues to support this resolu- us last week, the distinguished new such as Marta Beatriz Roque; inde- tion. gentlewoman from Michigan (Mrs. MIL- pendent journalists, such as Raul Mr. Speaker, I reserve the balance of LER of Michigan). She asked me, Rivero and Ricardo Gonzalez; inde- my time. ‘‘Where can we read about what is pendent labor advocates, like Pedro Ms. ROS-LEHTINEN. Mr. Speaker, I going on? Why don’t we read in our Pablo Alvarez; and civil society activ- yield 5 minutes to the gentleman from major newspapers about the details of ists, such as Antonio Diaz Sanchez of Florida (Mr. LINCOLN DIAZ-BALART), this totalitarian brutal crackdown in a the Varela Project. the author of this resolution. country 90 miles away?’’ I think she The Castro regime intends to place Mr. LINCOLN DIAZ-BALART of has a very legitimate point. I think the these and other individuals on trial in Florida. Mr. Speaker, I thank the gen- media has a responsibility to report what have been called kangaroo courts tlewoman for yielding me time. about such things in a neighboring for allegedly collaborating with the Mr. Speaker, I wish to also thank the country 90 miles away. United States to harm Cuba and its gentleman from Illinois (Chairman So today is the day, Mr. Speaker, economy. HYDE) and the gentleman from North when we need to as a Congress of the Just yesterday, a sham court sen- Carolina (Chairman BALLENGER), as United States set our differences aside tenced Marta Beatriz Roque, Antonio well as the ranking members, the gen- and concentrate on the brutal totali- Diaz Sanchez and Ricardo Gonzalez Al- tleman from California (Mr. LANTOS) tarian crackdown that is taking place fonso, among others, to 20 years in and the gentleman from New Jersey in Cuba and speak with one voice that prison for ‘‘acts of conspiracy.’’ Nei- (Mr. MENENDEZ), for expediting this this Congress, as it has so many times ther representatives of the diplomatic important resolution. It is important it in the past, stands for human rights corps nor the international press were be considered today because the dicta- and demands human rights, starting

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.063 H08PT1 H2890 CONGRESSIONAL RECORD — HOUSE April 8, 2003 with the cessation of the brutal crack- rounded up and are being sentenced in lations and its repeated demonstra- down being perpetrated on the Cuban show trials reminiscent of Hitler and tions of contempt for the mandates people. And as the resolution continues Stalin? issued by the U.N. Commission on to state, we call for the respect of all Where is the outrage that inde- Human Rights. elemental human rights, including the pendent union activists have been Further, it calls for a resolution to right of self-determination, which can rounded up, that this crackdown occurs be offered and passed at the Human be manifested only through free and when the U.N. Human Rights Commis- Rights Commission, which accurately fair multiparty elections. sion meets in its annual session in Ge- reflects this grim reality. It seizes the Mr. LANTOS. Mr. Speaker, I am very neva? The Castro dictatorship’s mem- opportunity which presents itself in pleased to yield 5 minutes to my good bership of that commission is itself a May of this year when Cuba’s member- friend, the gentleman from New Jersey mockery and a travesty. ship on the commission expires. It does (Mr. MENENDEZ), the ranking member The show trials have begun, with the so by calling on the Nation of Latin on the Subcommittee on the Western same coerced confessions and the same America and the Caribbean group to Hemisphere, the chairman of the betrayal of dissident organizations by oppose and deny the regime a seat on Democratic Caucus and an indefati- Castro’s security agents who infil- this human rights body. More impor- gable fighter for freedom in Cuba. trated these groups. tantly, this resolution calls for the im- Mr. MENENDEZ. Mr. Speaker, I And what are the verdicts? Guilty. mediate release of all Cuban prisoners thank the distinguished gentleman for Guilty of criminal association. Guilty of conscience. It sends a strong, defini- yielding me time and for his statement of enemy propaganda. Guilty of dan- tive message that the United States before as well. gerousness. Guilty of contempt for au- Congress stands with the dissidents, Mr. Speaker, where is the outrage? thority, of resisting authority. Guilty the independent journalists, and all Where is the outrage regarding the lat- of seeking democracy and a respect for pro-democracy activists, and not with est barbarity from the dictatorship of human rights. That is Castro’s social- their oppressor. Fidel Castro? ism. Mr. Speaker, I reserve the balance of Where is the outrage that a blind dis- So far, 47 peaceful dissidents have my time. sident, Juan Carlos Gonzalez Leiva, is been sentenced to between 12 and 27 Mr. LANTOS. Mr. Speaker, I am de- detained in the harshest of political years in prison in what the State De- lighted to yield 2 minutes to the gen- prisons and that the Castro regime de- partment calls ‘‘Kangaroo courts’’ that tleman from New York (Mr. RANGEL), nies him his needed medication; that began proceedings last Thursday. the distinguished ranking member of Leonardo Bruzon, an Amnesty Inter- Let me just mention a few of those the Committee on Ways and Means, national prisoner of conscience who sentenced. and an indefatigable fighter for human suffers from the ill-effects of a hunger Omar Rodriguez Saludes, an inde- rights across the globe. strike, is denied needed medical atten- pendent journalist known to ride his (Mr. RANGEL asked and was given tion? bicycle to news conferences with a permission to revise and extend his re- Where is the outrage, that three of camera dangling by a strap from his marks.) the four brave authors of the pro-de- neck: 27 years, the hardest sentence so Mr. RANGEL. Mr. Speaker, I rise in mocracy essay, ‘‘La Patria Es De far. Hector Palacios, one of the key fig- support of this legislation without any Todos,’’ the nation belongs to every- ures promoting the Varela Project: 25 hesitation. one, Marta Beatriz Roque, Rene Gomez years. Oscar Espinosa Chepe, who Most all Americans, and certainly Manzano and Felix Bonne, have been wrote critical articles about the Cuban those in this House, are strong advo- mercilessly thrown in jail and face sen- economy for the Internet: 25 years. Ri- cates for democracy all over the world, tences raging from 20 years to life? cardo Gonzalez Alfonso, Raul Rivero’s and we had hoped that the seeds of de- Ms. Roque, who had the audacity to editor at ‘‘De Cuba’’ magazine: 20 mocracy would have grown in Cuba. call herself an independent economist years. Many of us have taken different ap- and criticized Cuba’s economy, has al- And it goes on and on. proaches how we would want to do this, ready been sentenced to 20 years. The So to all who go sip wine with Castro, but one thing is abundantly clear: It fourth author, the Afro-Cuban leader, smoke his cigars and are regaled by his has taken too long for Castro to recog- Dr. Oscar Elias Biscet, who already soliloquies, where is the outrage? nize the importance of open elections served 3 years for displaying national Mr. Speaker, the expression of inter- and, certainly, no Americans can find flags upside down in an act of civil dis- national outrage has begun from Euro- any justification of the wanton and obedience, will also be sentenced. His pean governments to Jimmy Carter to massive arrests of people, many of three colleagues having the audacity to the AFL-CIO. May we all raise our whom who were advocates of normal- fast peacefully to protest his detention. voices to join the growing chorus of ization, all of whom were advocates of Where is the outrage, that the inde- outrage and condemnation of this dic- democracy, to have been arrested with pendent journalists movement in Cuba, tatorship heard around the world, closed and secret trials and without led by journalist and poet Raul Rivero, heard everywhere, except for these hal- any evidence that their conduct was a have been rounded up, had their houses lowed halls. May this Congress not sit threat to the security of the people in ransacked by state security thugs, and silent now as the show trials proceed. Cuba. their professional personal belongings May this Congress stand in solidarity While we also are reminded that taken from them? with those dissidents and human rights some of us are old enough to have sup- We learned this morning that Raul activists who heeded Pope John Paul’s ported the July 26 resolution against Rivero was sentenced to 20 years. words during his visit to Cuba: ‘‘Do not Batista and recognize that we do not Among the dangerous materials that be afraid.’’ ‘‘Do not be afraid.’’ want those days ever to return, still we Rivero possessed was a collection of Let us in this bastion of democracy are not satisfied with the progress that Martin Luther King’s speeches auto- also not be afraid to vote for this reso- has been made in terms of moving to- graphed by former President Jimmy lution. ward democracy, and it is hard for us Carter on his recent trip to the island. Ms. ROS-LEHTINEN. Mr. Speaker, I to believe that the Cuban Government yield myself 1 minute to explain what wants us to believe that these people b 1500 this bill actually does. I have had some were arrested because they were in- It was taken as evidence of subver- Members ask. volved in a conspiracy with the United sive thought. House Resolution 179 establishes the States of America to overthrow their Where is the outrage, that those who nexus which exists between the current government. If they truly believe that gathered the signatures of 30,000 brave wave of repression and the 59th session the United States intended to over- men and women who, much like our of the United Nations Commission on throw their government, they should Founding Fathers, with the stroke of a Human Rights which is currently being have exercised their right to have pen, had the courage to peacefully de- held in Geneva. And in doing so, it kicked out the chief of the U.S. Inter- mand a referendum calling for demo- takes into account the dictatorship’s ests Section there, and then not to cratic changes, were unceremoniously systematic and gross human rights vio- hold their people hostage and subject

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.066 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2891 to the painful sentences that have been Cuban government. Just as the shooting inci- not deserve to sit in judgment of others imposed upon them. dent set back the development of our relation- on human rights after what is going on I join in urging the Cuban Govern- ship for several years, that unwarranted viola- right now, and after a record like this. ment to release these people, to open tion of the rights of ordinary Cubans, in my Mr. Speaker, I urge support of the up these courthouses, and to whatever humble opinion, has further set back the ef- resolution. complaints they have about the con- forts of the Cuban and American people to Mr. LANTOS. Mr. Speaker, I am de- duct of any Americans that are in move toward democracy and free trade. lighted to yield 6 minutes to the gen- Cuba, to let the whole world see it. But For 30 years, I have been part of a some- tleman from Massachusetts (Mr. I am glad to stand with my colleagues times unpopular effort to improve relations be- DELAHUNT), one of the leaders on the and ask for an immediate response to tween our countries. I would be less than hon- House Committee on International Re- the call of this House, and that is to re- est if I did not say now that the response of lations, and our acknowledged expert lease the prisoners forthwith. the Cuban government to concerns raised on Latin America. Mr. Speaker, I rise in support of the resolu- from many quarters has been less than ade- Mr. DELAHUNT. Mr. Speaker, I tion introduced by my colleague, Congress- quate. I will continue to support any effort by thank the gentleman for yielding me man LINCOLN DIAZ-BALART condemning the ac- our two countries to improve that relationship, this time. tions of the government of Cuba in violation of but I cannot support this action taken by the As others have stated, this for me, the rights of its citizens. It is not the resolution Cuban government. Indeed, I am forced to too, is a day of disappointment and that I would have drafted, but it comes close condemn it. sadness, profound sadness, of human enough in reflecting my objections to these ac- I know that this view is shared by many of rights violated, and of diplomatic op- tions. my colleagues, and I hope that the Cuban portunities squandered. As a sovereign Representatives of the Cuban government government will seek ways to undo this unfor- nation, only Cuba can decide how to at- want us to believe that their actions in arrest- tunate setback to relations between our coun- tend to its own national security. But ing and prosecuting Cuban citizens were tries. over the last 3 weeks, decisions have based on evidence of their involvement in a I hope that they will reconsider this action been made in Havana that seriously conspiracy with the United States to overthrow against people who were seeking to dem- undermine efforts to normalize rela- their government. The Cuban citizens being onstrate their political differences with their tionships with the United States. prosecuted—many of them journalists and ad- government. I hope that the government will I come to the floor today as part of a vocates of open elections and supporters of take the most drastic action for any govern- group, the so-called Cuba Working normalization of relations with the United ment to take, to reverse itself and release the Group. It is bipartisan in nature, 25 Re- States—allegedly consorted with the Chief of prisoners. publicans, 25 Democrats. We have spent the U.S. Interests Section in Havana in this Ms. ROS-LEHTINEN. Mr. Speaker, I considerable time and effort to tear the conspiracy at private meetings, including visits thank the gentleman from New York wall down that has divided our people to each others’ homes. for his statement of support. for some 40 years. This has put us at The so-called evidence is that the United Mr. Speaker, I yield 11⁄2 minutes to odds with the White House. It has put States government provided the Cuban activ- my good friend, the gentleman from us at odds with many of our colleagues ists with millions of dollars with which to carry Arizona (Mr. FLAKE), a member of our that are sitting here today. But we are out the conspiracy and that these Cuban citi- Committee on International Relations not at odds today. zens, therefore, were in violation of Cuban Mr. FLAKE. Mr. Speaker, I thank At this moment, we stand together. law. the gentlewoman for yielding me this In the past I have called on President It is hard to believe that the Cuban govern- time, and I thank the gentlewoman and Bush to lift the U.S. restrictions on ment feels so insecure that these mass ar- the gentleman from Florida for author- travel by Americans to Cuba, to let our rests had to be carried out, that the trials had ing this important resolution. It is im- people go. Well, today, I call on Presi- to be held in secret, without any evidence ex- portant to all of us. dent Fidel Castro to let his people go. posed to the Cuban people or to the inter- For those of us who have followed the For me, this issue is more than polit- national community, or that the God-given situation in Cuba, we have been sad- ical, it is personal, because some of right of Cuban citizens would be so violated. dened and sickened by the events that those who have been arrested are my It is even harder to believe that if this con- have happened over the last month, al- friends. I want to speak about 2 of spiracy theory held water, the person who was though I do not believe any of us have them. My colleagues have heard their at the center of the conspiracy—the Chief of been surprised. This latest crackdown names here. Hector Palacios, a Varela the U.S. Interests Section in Havana—would typifies the last 43 years now that Project organizer, and Oscar Dhepe, an be allowed to remain in Cuba. Fidel Castro has been in power. It is all independent journalist. Their arrests Hardly anyone could disagree that Castro- too typical. and convictions pain me more than led revolution of 1959 had improved the lives Let us look at what is going on here. anyone in this Chamber can com- of the great majority of Cuban citizens. But I had the opportunity to be in Cuba prehend. They are men of exceptional we’ve waited too long for the revolution to take just less than a month ago and we met character and integrity who seek the next step in offering true democracy to all with several of the dissidents at that peaceful change. They are not agents of Cubans. Some Americans believe that the time. Hector Palacios, director of the violence or insurrection. Far from it. best way to bring democracy to Cuba is a pol- Independent Center for Social Studies They acknowledge Cuba’s advances in icy of embargo, cutting off all food, medicines, and the key organizer of the Varela health and education brought about by travel, trade and social and family contacts. Project, was just sentenced to 25 years. the revolution, and they want to accel- Some of us believe that—as with other com- Oswaldo Alfonsa, also an organizer for erate that progress in other areas, so munist countries, such as China and North the Varela Project, 18 years. Oscar they work through modest, small, yet Vietnam—a better way is to tear down barriers Espinosa Chepe, an economist, former courageous acts within the Cuban Con- and allow the Cuban people to see the bene- diplomat and independent journalist, 20 stitution. They create and have made fits of democracy. In my view, such a policy of years. every effort to create political space. engagement is far better than the use of prop- As the gentleman from New York Hector’s apartment houses one of the aganda and the distribution of radios and noted, I do not think anybody, any- first so-called independent libraries in pamphlets. U.S. citizens are the most effective body, believes that these people are Cuba, a few shelves devoted to old med- ambassadors of democracy. guilty of the crimes that they have ical encyclopedias and geography Despite the ability of supporters the embar- been charged with. They are simply texts, some children’s books donated go to sustain that failed policy for over 40 guilty of voicing ideas and ideas that by members of my office. But when years, there has been a great deal of progress this regime is too afraid of. Hector was arrested, these books were in the movement toward normalization of rela- This resolution is important because taken away. Doctor Seuss is not a tions between our countries. Just as in Feb- it allows us to let people across the threat to the Cuban revolution. ruary 1996, when the Cuban government shot country and across the world, and par- During our visits, we talk about how down two unarmed private aircraft piloted by ticularly those who sit on boards and to hasten a climate of mutual respect Cuban-Americans based in Miami, this time commissions of the United Nations, to between the people of our 2 countries, there was no threat to the security of the understand that a regime like this does between our governments. Ironically,

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.067 H08PT1 H2892 CONGRESSIONAL RECORD — HOUSE April 8, 2003 they argued persuasively for an end to swooped up in these kinds of numbers ment of Cuba against political dissent. the embargo and travel restrictions on and brought to trial at a time when it Those arrested include two dozen inde- Americans to Cuba. Let me quote from is clear in the mind of the dictator that pendent journalists, leaders of inde- Oscar Chepe, who presently is incarcer- we are looking at other things, shows pendent trade unions and opposition ated for 20 years in a Cuban jail. This just how wrong he is. political parties, and pro-democracy is his quote. These are his words: ‘‘Ex- Once again this regime is showing its activists involved in the countrywide perience demonstrates that isolation true colors. These actions continue to reform effort known as the Varela breathes life into totalitarianism. On be proof of Castro’s horrific record of project. the other hand, contact between peo- repression, that no matter how much It makes no difference whether you ples free individuals from falsehoods we argue and no matter which side we are for or against change in U.S. policy and from the lives without dignity that are on in other debates, people agree on towards Cuba. On this matter we speak they are forced to lead.’’ this floor today, it continues to be the with one voice. These arrests are unac- As the gentleman from New York kind of commitment that Castro ceptable. The summary trials and (Mr. RANGEL) indicated, we are told makes to his people, a commitment to harsh sentences merit universal con- that these arrests had nothing to do repress them. demnation. with the content of their words. Rath- The Castro regime has chosen this Mr. Speaker, I have had the privilege er, they are intended to send a message particular time because they thought of traveling to Cuba many times and to the United States in response to a we were looking elsewhere. We show on have met directly with Cuban inde- perceived pattern of illegal provo- the House floor today that we are not pendent journalists and members of the cations from our own State Depart- looking elsewhere, that we continue to dissident community. Many of these ment. look at Cuba, we continue to hope for individuals were arrested in the latest Well, I submit that the message we the liberation of Cuba, we continue to crackdown. They are receiving harsh have received is very different and hope for the greater freedom for the sentences for actions we take for deeply disturbing. It is that diversity Cuban people. The civilized world can- granted here in the United States: the of thought is not welcome in Cuba, not stand quietly by and tolerate these right to hold meetings, have discus- even at the expense of jeopardizing terrible abuses of individual rights. As sions, and express opinions different progress toward normalization. How we try to bring freedom to another from those held by our government. else can we explain 20- and 25-year sen- country, we have to continue to stand The Cuban Government has said that tences for Hector and Oscar and dozens for freedom in this hemisphere. And these arrests are in response to actions of others after only cursory consulta- today we join the President of the by U.S. Ambassador Cason and the U.S. tions with their lawyers and quick United States, the European Union, Interests Section that are perceived as trials, closed to the public, foreign dip- and many others, including the Catho- deliberate attempts to foment subver- lomats, and the international media. lic Church, who have condemned these sion in Cuba. It is inconceivable, if one knows actions. Mr. Speaker, those grievances should these men, that they were conspiring I urge the huge vote on this resolu- be raised and resolved between the two with the United States. Like dozens of tion as we send an important message governments, but no action of the other detainees, they were working in to Castro. United States Interests Section justi- behalf of the Cuban people. Nobody Mr. LANTOS. Mr. Speaker, I ask fies in any way these recent arrests. else. They posed no threat to the unanimous consent that each side may The right of diplomats to meet with Cuban Government. have an additional 10 minutes so all of people who represent a range of views, As I said, I disagree with some of my our colleagues may be heard. including people who peaceably dissent colleagues in Cuba. For example, I Mr. MURTHA. Mr. Speaker, I object. from the policies and priorities of their have chosen to travel there, to visit The SPEAKER pro tempore (Mr. own governments, should not be im- with people like Hector Palacios and TERRY). An objection is heard. peded. In fact, Mr. Speaker, I believe Oscar Chepe. And unlike my friends Mr. LANTOS. Mr. Speaker, I would the restrictions on U.S. diplomats in from Florida, some of my friends, I op- like to request my colleague to recon- Cuba and Cuban diplomats in the pose U.S. policies which prevent ordi- sider his objection. This is a matter of United States are just plain wrong. nary Americans from offering the same great principle. Several colleagues Mr. Speaker, I am seriously con- solidarity to those seeking change in would like to speak on this subject, cerned about the increased tensions our relationship with Cuba, a relation- and I think it is singularly unfair to and hardening of positions in U.S. ship that has been stated so eloquently deny them the opportunity to do so. Cuban relations. They do little to ad- by another prominent Cuban dissident Mr. MURTHA. I object, Mr. Speaker. vance human rights or open political who was recently released from serving Ms. ROS-LEHTINEN. Mr. Speaker, I space in Cuba; in fact, quite the oppo- 5 years in a Cuban jail. His name is ask unanimous consent that each side site. I fear that without a concerted ef- Vladimiro Roca, and he said that the be granted an additional 5 minutes. fort to change our policies towards one relationship ought to be characterized Mr. LANTOS. Mr. Speaker, would my another for the better, it will only lead by dialogue, negotiation, and reconcili- friend agree to 5 minutes on each side? to greater restrictions in both coun- ation. Again, those are his words. Mr. MURTHA. Mr. Speaker, I with- tries and fewer opportunities for mod- draw my objection. I will agree to 5 erate voices in both countries to en- b 1515 minutes each side. gage directly with one another. I will But that is a debate for another day. The SPEAKER pro tempore. There is conclude by urging the Cuban Govern- I might have written this resolution a unanimous consent for 5 additional ment to release immediately all these somewhat differently, but I commend minutes for each side. prisoners and all prisoners of con- my colleagues for bringing it to the Hearing no objection, each side is science. floor of the House; and I urge my col- granted an additional 5 minutes. Ms. ROS-LEHTINEN. Mr. Speaker, I leagues all of my colleagues to support There was no objection. yield 30 seconds to the gentleman from it; and I ask the Cuban Government to The SPEAKER pro tempore. The gen- Michigan (Mr. MCCOTTER), a member of release these people. tleman from California (Mr. LANTOS) our Committee on International Rela- Ms. ROS-LEHTINEN. Mr. Speaker, I now has 6 minutes remaining. tions. yield 2 minutes to the gentleman from Mr. LANTOS. Mr. Speaker, I yield 2 Mr. MCCOTTER. Mr. Speaker, I rise Missouri (Mr. BLUNT), the distin- minutes to the gentleman from Massa- in support of the resolution. guished majority whip. chusetts (Mr. MCGOVERN). We in America inhabit the bosom of Mr. BLUNT. Mr. Speaker, I am glad Mr. MCGOVERN. Mr. Speaker, I freedom. Yet, scant miles, though a to rise in support of this resolution and thank the gentleman for yielding me lifetime away from our shores, suf- in opposition to the deplorable behav- time. fering and dying under an antiquated ior we see in Cuba today as evidenced Mr. Speaker, I rise in support of this Communist tyrant, the Cuban people by these so-called desires. That people resolution. All voices must condemn yearn to breathe free. By passing this whose only desire is freedom would be the recent crackdown by the Govern- resolution, we in the citadel of freedom

VerDate Jan 31 2003 02:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.068 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2893 say to the Cuban people, we hear you infiltrated dissident groups testified against Ms. ROS-LEHTINEN. Mr. Speaker, I and we will help you. For if we do not, their supposed colleagues on charges of sub- yield 3 minutes to the gentleman from version and collaborating with American we will betray our own cherished demo- New Jersey (Mr. SMITH), the vice chair- diplomats. Almost 80 people were arrested in cratic principles and our refusal will an islandwide sweep that started last month man of our Committee on Inter- constitute a mute chorus of deafening and that has been condemned by numerous national Relations. silence in the face of human suffering. human rights advocates, the European Union Mr. SMITH of New Jersey. Mr. I urge adoption of the resolution. and foreign leaders. Speaker, I thank the gentlewoman for Mr. LANTOS. Mr. Speaker, I yield 2 He´ctor Palacios, a key organizer of the yielding me time. minutes to my good friend, the gen- Varela Project, which seeks democratic re- Mr. Speaker, since mid-March the tleman from New Jersey (Mr. forms, was sentenced to 25 years. Marta Castro dictatorship has carried out a Beatriz Roque, an independent economist PALLONE). who angered authorities when she invited massive crackdown on human rights Mr. PALLONE. Mr. Speaker, I rise the chief American diplomat in Cuba to her defenders, independent journalists, and today in support of H.R. 179 that con- home in February, received a 20-year sen- trade unionists and other brave and demns the brutal crackdown of the tence. noble pro-democracy activists through- Cuban Government on the island’s Omar Rodrı´guez Saludes, an independent out Cuba. peaceful pro-democracy movement and journalist who covered the news scooting Not satisfied with the ongoing tor- around Havana on a battered bicycle, was ture and mistreatment and incarcer- calls for the immediate release of all handed the longest sentence: 27 years. Cuban political prisoners. Cuban authorities said the dissidents had ation of approximately 400 political Mr. Speaker, I have addressed this conspired with James Cason, the United prisoners, Castro has begun a new, omi- House on several occasions regarding States diplomat, and they brought charges nous, and shameful attack on another Castro’s continued assault on and dis- against them under a law that makes illegal 80 of the best and brightest and most regard for human rights and democ- any support of measures like the American courageous of Cuba. Now, as we meet racy. I and several of my colleagues trade embargo that would harm the island’s here today, his people and his thugs are economy or sovereignty. During an appear- have spoken recently of Castro’s deci- ance at the University of Miami today, Mr. beating, victimizing, and sentencing to sion to arrest and try over 80 non- Cason had a one-word reply when asked if he very long prison sentences those who violent human rights advocates, pro- thought—as the Cuban government had sug- are the cream of the crop in Cuba, who democracy leaders, and independent gested—that he provoked the crackdown by believe in freedom and democracy. journalists in what has become a cam- his repeated meetings with dissidents. Castro, with all eyes diverted on Iraq paign by the regime to silence all ‘‘Lies,’’ he said. and the war in Iraq, is trying to silence He defended his contacts with the dis- voices of peaceful opposition on the is- sidents as a normal part of his work, saying dissent with violence, ‘‘show’’ trials, land. that the American mission in Havana pro- and incarceration. This latest mani- Inside of a month Castro has ar- vided people with books, Internet access and festation, Mr. Speaker, of cruelty by rested, arraigned, tried, and sentenced newspaper clippings, among other services. the Castro dictatorship is but another, many of the dissidents, some receiving They did not, he said, pay the groups or give but a highly significant other, re- prison terms as long as 27 years. them their marching orders, but supported minder of the true character of this re- Mr. Speaker, there is an article in to- their call for a quick and peaceful transition to democracy. gime. It is cruel, brutal and an egre- day’s New York Times that I would ‘‘We should be clear, the opposition is not gious violator of human rights. like to enter into the record, and it a shadow government waiting to move into Mr. Speaker, Castro’s brutal actions mentions James Cason, the U.S. dip- power,’’ Mr. Cason said in his speech. ‘‘They hopefully will serve as a wake-up call lomat that has been spoken of, and it are simply among the few who openly say to those in the United States, espe- says that the reason this is happening what so many others believe, that it is time cially those in the United States Con- is because they have become such ef- for change. Because they have become effec- gress who argue that it is time to lift fective advocates that the government tive advocates, the government attacks the travel ban and sanctions against them, labeling them subversive traitors.’’ attacks them. International groups condemned the sen- Cuba. I especially want to focus, Mr. The reason this is happening is these tences, saying those arrested were exercising Speaker, on those in the European dissidents are having an impact. People fundamental freedoms protected by the Uni- Union who have been trading with the believe in them in Cuba. They are hav- versal Declaration on Human Rights, of island country of Cuba for so many ing an impact on basically changing which Cuba is a signer. Several Latin na- years without any linkage whatsoever and reforming the government ulti- tions have introduced a proposal to censure to human rights. Trade, trade, trade, mately. They have become voices of Cuba at the current session of the United Na- tions Commission on Human Rights in Gene- while this barbaric dictatorship gets change. That is why it is so important va. worse and worse and worse. that we here in the United States basi- ‘‘It’s perverse that there’s a massive crack- In previous Congresses, Mr. Speaker, cally condemn what Castro is doing, down in Cuba just at the moment that the I have offered an amendment to lift the because otherwise people like them United Nations is examining Cuba’s human travel ban, if and only if political pris- will not continue. rights record,’’ said Jose´ Miguel Vivanco, the oners are freed and felons who have Americas director of Human Rights Watch. Mr. Speaker, I strongly urge my col- committed acts of violence in the leagues to support this resolution. ‘‘The commission must condemn these abuses, and do so strongly and unequivo- United States against U.S. police, in- These recent actions by the Castro re- cally.’’ cluding a trooper from the State of gime are simply the next step in the Relatives of some dissidents denounced the New Jersey, are brought to the U.S. in systematic denial of even the most lengthy prison terms as effective life sen- order to be held accountable. That basic human rights for the citizens of tences. Raul Rivero, a poet and the dean of amendment, sadly, lost. Cuba. Congress must send a strong the island’s independent journalists, who was Now, today on the floor we are united message to Castro that despite his given a 20-year sentence, suffers from phle- bitis and other illnesses. in rhetoric and sentiment for those hopes that the world would be looking ‘‘This is so arbitrary for a man whose only who are being incarcerated and mis- the other way, that his actions have crime is to write what he thinks,’’ said Mr. treated. But we also need linkage, Mr. not gone unnoticed and will not be al- Rivero’s wife, Blanca Reyes. ‘‘What they Speaker. We need to recognize that ac- lowed to continue. found on him was a tape recorder, not a gre- tions, and particularly those that are [From the New York Times, April 8, 2003] nade.’’ linked to trade and travel bans, can be Mr. Cason said that the United States CUBAN DISSIDENTS GET PRISON TERMS AS would offer moral support to those who very efficacious—actions always speak LONG AS 27 YEARS would assume the work of those now in jail. louder than our words. I call upon the (By David Gonzalez) The Cuban government put limits on Mr. European Union, Mr. Speaker, to en- MIAMI, Apr. 7.—Cuban courts today began Cason’s movements after he traveled some gage the human rights abuses of Castro handing out prison terms of up to 27 years to 6,000 miles around the island in his first six with something more than rhetoric. dozens of dissidents, including journalists months. Some have speculated the govern- Members of the EU have been trading, and librarians, who had been advocating ment might decide to keep him out of the as has Canada, for so many years. What democratic reforms, according to human country, a possibility he accepted. rights groups and news reports from Havana. ‘‘They can shoot the messenger if they have they gotten for it? Maybe they The harsh sentences capped five days of want,’’ Mr. Cason said. ‘‘There will be more made a few bucks or a few Euros or a trials in which state security agents who had messengers coming.’’ few Canadian dollars, but they have,

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.071 H08PT1 H2894 CONGRESSIONAL RECORD — HOUSE April 8, 2003 however unwittingly, aided and abetted b 1530 Cuban people, and that is why it is im- this brutal tyrant in horrific repression Mr. Speaker, I yield the remaining portant. That is a step to free elec- against his people. time to the gentleman from Florida tions. That is a step to freedom in I urge strong support for the gentle- (Mr. MARIO DIAZ-BALART). Cuba. woman from Florida’s (Ms. ROS- Mr. MARIO DIAZ-BALART of Flor- We overwhelmingly support this res- LEHTINEN) resolution, and I hope this is ida. Mr. Speaker, I thank the gentle- olution and want to make sure that the a wake-up call about what this regime woman for yielding the time to me, and world sees that everybody understands is all about. I also want to thank the gentleman that we will not tolerate, we will not Mr. LANTOS. Mr. Speaker, I reserve from Florida (Mr. LINCOLN DIAZ- tolerate this type of behavior; and we the balance of my time. BALART) for bringing this resolution to are not going to do business with that Ms. ROS-LEHTINEN. Mr. Speaker, I the floor. kind of anti-American thug, criminal, yield 1 minute to my colleague, the We have heard about this horrible assassin and terrorist just 90 miles gentleman from Florida (Mr. FEENEY). thing that is going on just 90 miles away from our shores. Mr. FEENEY. Mr. Speaker, I want to away from the United States coast, Mr. UDALL of Colorado. Mr. Speaker, I rise thank all of the sponsors of this resolu- these people getting arrested. What are in strong support of this resolution. tion, especially my friends from Flor- they getting arrested for? What have The world has condemned Cuba’s recent ida. they gotten convicted for? Let me just crackdown on human rights and democracy Mr. Speaker, there is an old saying mention Raul Ramon Rivero, an inde- activists. What is most troubling is that this is that people do not miss fresh air until pendent journalist and leader of the nothing new. The recent crackdown is merely they live without it. My friends from Cuba press newspapers service who, by a continuation of the systematic human rights south Florida understand what it is the way, has been sentenced to 20 violations in Cuba committed by the Castro re- like to live without freedom and with- years, Mr. Speaker, 20 years in prison gime. out fresh air. for the following reasons: Today I was most discouraged to learn of While American men and women are Because he created an independent the prison sentences that have been handed halfway around the world fighting for press organization, 20 years for that. down to dozens of these dissidents, who have freedom and democracy, we are finding Because he is circulating materials been charged with ‘‘subversion’’ and collabo- out who our friends are. We are also published by human rights groups, 20 rating with American diplomats, among other finding out throughout the world who years for that, Mr. Speaker. Because he charges. Hector Palacious is but one I’ll men- the really bad actors are. You can is a member of the Cuban Society of tion. Along with Oswaldo Paya Sardinas, Mr. judge bad guys because while the cat is Independent Journalists, 20 years in Palacios has been a key organizer of the away, the rats are playing just 90 miles prison for that, Mr. Speaker. Because, Varela Project, an effort to win Cuban popular off the Florida border. And I will say the audacity, he has a Sony tape re- support for a referendum on open elections, that the roundup of these individual corder. Mr. Speaker, furthermore, he freedom of speech, freedom for political pris- freedom fighters, who remind me of the has the audacity of having a Samsung oners, and free enterprise. Yesterday he was original founders of our Republic, who computer; and if that was not enough sentenced to 25 years in prison for advocating pledged in the Declaration their lives, to deserve 20 years in prison, it is be- democratic reforms. their fortunes, and their sacred honor cause he has had meetings in his home Today I join my colleagues in condemning to stand up for what is right, the most with other independent journalists. Cuba’s crackdown on democracy, in calling for recent roundup by Castro and his evil That is the reason, Mr. Speaker, why the release of all Cuba’s political prisoners, in regime is nothing but a modern-day he is serving 20 years, why the tyranny supporting the right of the Cuban people to Stalinist purge. has sentenced him for 20 years in pris- exercise their political and civil liberties, and in I will say as we are fighting to free on. It is not a joke. It is not a cruel calling on the world to insist in the strongest the Iraqi people, so we should stay the joke. Those are the reasons, and like terms that the Government of Cuba adhere to course and fight to free the Cuban peo- reasons for why these people are being international human rights standards. ple. I urge a unanimous vote by this sentenced to 20 years or life imprison- I enclose for the record a letter to me from House of Representatives and, once ment just 90 miles away from our former Secretary of State Madeleine Albright, again, I want to thank all of my col- coast. now Chairman of the National Democratic In- leagues who are sponsors of this resolu- Mr. Speaker, some still do business stitute for International Affairs. NDI has worked tion. with that tyrant, with Castro; and with organizers of the Varela Project to pro- Mr. LANTOS. Mr. Speaker, I have no some want to do business with Castro, mote the movement internationally, and last additional speakers, and I yield back with the Castro regime. Doing business year NDI honored Oswaldo Paya Sardinas for the balance of my time. with the Castro regime, Mr. Speaker, his courageous efforts to promote democracy. Ms. ROS-LEHTINEN. Mr. Speaker, I which is Castro’s will, that is what he Enclosed also is a statement from him calling yield myself 1 minute. After speaking, wants, he says it every single day, for the immediate release of the activists. Mr. I will yield to the gentleman from doing business with that tyrant, Mr. Paya calls this moment the ‘‘Spring of Cuba’’ Florida (Mr. MARIO DIAZ-BALART) to Speaker, and let us make it very clear, because for the first time, a peaceful move- close. is doing business with a criminal. It is ment is flourishing there. We must do all we Mr. Speaker, I started my remarks doing business with an international can to help it take root. quoting Eli Wiesel, and I would like to terrorist. It is doing business with a Mr. FARR. Mr. Speaker, I rise today to offer end the remarks that I have on this thug, with a tyrant. Mr. Speaker, it is my strong support for H. Res. 179. The recent resolution by this same gentleman who doing business with a murderer; and crackdown by the Cuban government on polit- has meant so much for freedom and yes, just listen to him, what he says, it ical dissidents is without reason or measure. human rights and free expression of is doing business with a mortal enemy The Cuban government must recognize that if ideas throughout the world. of the United States of America and it wants to become a full member of the family Eli Wiesel said, ‘‘Just as despair can the American people. of democratic nations, and re-establish ties come to one only from other human Let us remember what Marta Beatriz with the United States, it must abide by the beings, hope too can be given to one Roque, who now has been sentenced to fundamental rules of a democracy. At the very only by other human beings.’’ prison for these same types of issues, top of that list is freedom of expression. Let us be that beacon of hope for the what she has been saying time and I believe that the United States can assist Cuban people. Let us support this reso- time again. One of the reasons that she Cuba in its move towards greater freedom and lution. Let us support those freedom is going to prison is because she has openness. The American Congress and the fighters, those valiant fighters for free said that we must keep the sanctions Administration can lead by example, by lifting thought who are actually given sen- on the tyranny; we must keep the pres- the travel ban, and lifting the trade embargo. tences for possession of typewriters, for sure on until finally there are free elec- How can we advocate for greater freedom possession of books, for possession of tions in Cuba. when we prevent American companies and computers, for giving interviews to for- That is the goal, Mr. Speaker. That consumers from benefiting from trade with eign journalists. Let us be that beacon is what we need to do. That is what we Cuba? How can we call for greater openness of hope that Eli Wiesel spoke about. need to succeed in achieving for the when we do not let American citizens exercise

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K08AP7.082 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2895 their constitutional right to travel freely, to It is for these reasons I stand in strong sup- (1) Funds derived from the sale of rough Cuba if they so desire. America can also lead port of this resolution and ask my fellow col- diamonds are being used by rebels and state by example by avoiding needless leagues to join me to condemn the arrests of actors to finance military activities, over- antagonization of Cuba. Wherever they are, throw legitimate governments, subvert these individuals and insist the immediate re- international efforts to promote peace and our diplomatic community must always act dip- lease of all political prisoners in Cuba. stability, and commit horrifying atrocities lomatically. Mr. DELAY. Mr. Speaker, on March 17th of against unarmed civilians. During the past Current U.S. policy towards Cuba has this year, Fidel Castro initiated his most draco- decade, more than 6,500,000 people from Si- proved a failure. It makes no sense to con- nian crack-down on political dissidents in re- erra Leone, Angola, and the Democratic Re- tinue down the path of isolation. The recent cent years. public of the Congo have been driven from actions by the Cuban government, while rep- He has ordered the arrest of more than 80 their homes by wars waged in large part for rehensible, do not change that central fact. pro-democracy activists. He has tried them in control of diamond mining areas. A million U.S. policy should be based on U.S. national of these are refugees eking out a miserable proceedings the State Department called a existence in neighboring countries, and tens interests, not a system of rewards and punish- ‘‘kangaroo court.’’ And he has sentenced them of thousands have fled to the United States. ments for good or bad behavior. In this in- to decades in prison on illegitimate charges. Approximately 3,700,000 people have died dur- stance, the Cuban government has behaved Castro was wrong to think he could tighten ing these wars. badly and they should be properly sanctioned his choke-hold on the human rights of his peo- (2) The countries caught in this fighting for it, in America and in the world community. ple under the radar of the civilized world. are home to nearly 70,000,000 people whose This resolution is an appropriate measure. I do The United States may be engaged in societies have been torn apart not only by fighting but also by terrible human rights not think, however, that it should affect policy. armed conflict on the other side of the world, This should not lead to greater restrictions. To violations. but no fog of war can conceal Castro’s barba- (3) Human rights and humanitarian advo- the contrary, the response should be greater rism. cates, the diamond trade as represented by exchange between the U.S. and Cuba. Great- And no freedom-loving nation can reward the World Diamond Council, and the United er freedom and openness will lead to a more such behavior with trade policies that, how- States Government have been working to free and open Cuban society. As we call on ever well-intentioned, would enrich a terrorist block the trade in conflict diamonds. Their Cuba now to change its policy, we must also regime 90 miles off our shores. efforts have helped to build a consensus that action is urgently needed to end the trade in ask ourselves what we can do to have a more If Castro cared about the Cuban people, he free and open policy. Lifting the travel and conflict diamonds. would stop brutalizing members of the pro-de- (4) The United Nations Security Council trade ban on Cuba would be a good start. mocracy movement. He would release all his Mr. MEEK of Florida. Mr. Speaker, I rise has acted at various times under chapter VII political prisoners, and restore individual lib- of the Charter of the United Nations to ad- today in strong support of this resolution. I erties to his people. dress threats to international peace and se- also thank my South Florida colleagues, LIN- He would recognize the human rights of all curity posed by conflicts linked to diamonds. COLN DIAZ-BALART, ILEANA ROS-LEHTINEN and Cubans, especially those with the courage to Through these actions, it has prohibited all MARIO DIAZ-BALART for bringing this resolution states from exporting weapons to certain speak the truth about his goon squad of a to the floor. I stand with them today to con- countries affected by such conflicts. It has government. demn the brutal and inhumane attacks by further required all states to prohibit the di- This resolution calls on the Cuban dictator Fidel Castro on innocent human rights activ- rect and indirect import of rough diamonds to do all of these things, and it puts the House ists, trade union leaders, journalists and ordi- from Sierra Leone unless the diamonds are of Representatives once again on the side of controlled under specified certificate of ori- nary citizens in Cuba. our oppressed neighbors and against their op- gin regimes and to prohibit absolutely the Fidel Castro has taken advantage of the direct and indirect import of rough diamonds power he has in his country and over his citi- pressor. I urge all Members to support it. from Liberia. zens for years. Today, he is taking advantage (5) In response, the United States imple- The SPEAKER pro tempore (Mr. LIN- of the world’s focus on the war in Iraq to once mented sanctions restricting the importa- again suppress Cuban dissidents who are try- DER). The question is on the motion of- tion of rough diamonds from Sierra Leone to ing to exercise basic rights of freedom of ex- fered by the gentlewoman from Florida those diamonds accompanied by specified pression, seeking a peaceful evolution towards (Ms. ROS-LEHTINEN) that the House sus- certificates of origin and fully prohibiting the importation of rough diamonds from Li- a democracy he so obviously deplores. pend the rules and agree to the resolu- tion, H. Res. 179. beria. The United States is now taking fur- Mr. Speaker, here in the United States, pro- ther action against trade in conflict dia- testers are using their First Amendment rights The question was taken. The SPEAKER pro tempore. In the monds. to speak their minds on the war in Iraq. (6) Without effective action to eliminate Whether they support the Bush administration opinion of the Chair, two-thirds of trade in conflict diamonds, the trade in le- or not and whether we agree with them or not, those present have voted in the affirm- gitimate diamonds faces the threat of a con- people in this country rally to voice their con- ative. sumer backlash that could damage the cerns over the war, and other issues, without Ms. ROS-LEHTINEN. Mr. Speaker, economies of countries not involved in the the fear of being brutally attacked and impris- on that I demand the yeas and nays. trade in conflict diamonds and penalize members of the legitimate trade and the peo- oned for the rest of their lives. The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ple they employ. To prevent that, South Af- In Cuba however, the freedom to express rica and more than 30 other countries are in- your mind is nonexistent. The imprisoned dis- ant to clause 8 of rule XX and the volved in working, through the ‘‘Kimberley sidents in Cuba are part of a growing move- Chair’s prior announcement, further Process’’, toward devising a solution to this ment who are continuously followed, har- proceedings on this motion will be problem. As the consumer of a majority of assed, phone-tapped and detained. postponed. the world’s supply of diamonds, the United For merely stating their opinions, signing pe- f States has an obligation to help sever the titions and writing articles advocating the end link between diamonds and conflict and CLEAN DIAMOND TRADE ACT of the dictatorship in Cuba, these activists are press for implementation of an effective so- charged as criminals. They are threatened for Mr. CRANE. Mr. Speaker, I move to lution. (7) Failure to curtail the trade in conflict gathering in each other’s private homes to talk suspend the rules and pass the bill (H.R. 1584) to implement effective diamonds or to differentiate between the about the resurrection of a better life in Cuba trade in conflict diamonds and the trade in for themselves and for future generations to measures to stop trade in conflict dia- legitimate diamonds could have a severe come. monds, and for other purposes, as negative impact on the legitimate diamond Mr. Speaker, these callous and repressive amended. trade in countries such as Botswana, Na- acts by Castro’s regime are nothing new. They The Clerk read as follows: mibia, South Africa, and Tanzania. have been occurring long before my col- H.R. 1584 (8) Initiatives of the United States seek to resolve the regional conflicts in sub-Saharan leagues and I came to Congress. Many of the Be it enacted by the Senate and House of Rep- Africa which facilitate the trade in conflict prisoners will probably face years of imprison- resentatives of the United States of America in diamonds. ment, joining several hundred political pris- Congress assembled, (9) The Interlaken Declaration on the Kim- oners who have been previously sentenced for SECTION 1. SHORT TITLE. berley Process Certification Scheme for similar harmless acts. For decades now, Cas- This Act may be cited as the ‘‘Clean Dia- Rough Diamonds of November 5, 2002, states tro has repeatedly used the repression of his mond Trade Act’’. that Participants will ensure that measures citizens as a means of retaining authority and SEC. 2. FINDINGS. taken to implement the Kimberley Process control over his country and over his people. Congress finds the following: Certification Scheme for Rough Diamonds

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.033 H08PT1 H2896 CONGRESSIONAL RECORD — HOUSE April 8, 2003 will be consistent with international trade (C) any person in the United States.–– or attempts to violate, any license, order, or rules. SEC. 4. MEASURES FOR THE IMPORTATION AND regulation issued under this Act; and SEC. 3. DEFINITIONS. EXPORTATION OF ROUGH DIA- (2) whoever willfully violates, or willfully In this Act: MONDS. attempts to violate, any license, order, or (1) APPROPRIATE CONGRESSIONAL COMMIT- (a) PROHIBITION.—The President shall pro- regulation issued under this Act shall, upon TEES.—The term ‘‘appropriate congressional hibit the importation into, or exportation conviction, be fined not more than $50,000, committees’’ means the Committee on Ways from, the United States of any rough dia- or, if a natural person, may be imprisoned and Means and the Committee on Inter- mond, from whatever source, that has not for not more than 10 years, or both; and any national Relations of the House of Rep- been controlled through the Kimberley Proc- officer, director, or agent of any corporation resentatives, and the Committee on Finance ess Certification Scheme. who willfully participates in such violation and the Committee on Foreign Relations of (b) WAIVER.—The President may waive the may be punished by a like fine, imprison- the Senate. requirements set forth in subsection (a) with ment, or both. (2) CONTROLLED THROUGH THE KIMBERLEY respect to a particular country for periods of (b) IMPORT VIOLATIONS.—Those customs PROCESS CERTIFICATION SCHEME.—An impor- not more than 1 year each, if, with respect to laws of the United States, both civil and tation or exportation of rough diamonds is each such waiver— criminal, including those laws relating to ‘‘controlled through the Kimberley Process (1) the President determines and reports to seizure and forfeiture, that apply to articles Certification Scheme’’ if it is an importation the appropriate congressional committees imported in violation of such laws shall from the territory of a Participant or expor- that such country is taking effective steps to apply with respect to rough diamonds im- tation to the territory of a Participant of implement the Kimberley Process Certifi- ported in violation of this Act. rough diamonds that is— cation Scheme; or (c) AUTHORITY TO ENFORCE.—The United (A) carried out in accordance with the (2) the President determines that the waiv- States Bureau of Customs and Border Pro- Kimberley Process Certification Scheme, as er is in the national interests of the United tection and the United States Bureau of Im- set forth in regulations promulgated by the States, and reports such determination to migration and Customs Enforcement are au- President; or the appropriate congressional committees, thorized, as appropriate, to enforce the pro- (B) controlled under a system determined together with the reasons therefor. visions of subsection (a) and to enforce the by the President to meet substantially the SEC. 5. REGULATORY AND OTHER AUTHORITY. laws and regulations governing exports of standards, practices, and procedures of the (a) IN GENERAL.—The President is author- rough diamonds, including with respect to Kimberley Process Certification Scheme. ized to and shall as necessary issue such the validation of the Kimberley Process Cer- (3) EXPORTING AUTHORITY.—The term ‘‘ex- proclamations, regulations, licenses, and or- tificate by the exporting authority. ders, and conduct such investigations, as porting authority’’ means 1 or more entities SEC. 9. TECHNICAL ASSISTANCE. may be necessary to carry out this Act. designated by a Participant from whose ter- The President may direct the appropriate ritory a shipment of rough diamonds is being (b) RECORDKEEPING.—Any United States person seeking to export from or import into agencies of the United States Government to exported as having the authority to validate make available technical assistance to coun- the Kimberley Process Certificate. the United States any rough diamonds shall keep a full record of, in the form of reports tries seeking to implement the Kimberley (4) IMPORTING AUTHORITY.—The term ‘‘im- Process Certification Scheme. porting authority’’ means 1 or more entities or otherwise, complete information relating designated by a Participant into whose terri- to any act or transaction to which any prohi- SEC. 10. SENSE OF CONGRESS. tory a shipment of rough diamonds is im- bition imposed under section 4(a) applies. (a) ONGOING PROCESS.—It is the sense of ported as having the authority to enforce the The President may require such person to the Congress that the Kimberley Process laws and regulations of the Participant regu- furnish such information under oath, includ- Certification Scheme, officially launched on lating imports, including the verification of ing the production of books of account, January 1, 2003, is an ongoing process. The the Kimberley Process Certificate accom- records, contracts, letters, memoranda, or President should work with Participants to panying the shipment. other papers, in the custody or control of strengthen the Kimberley Process Certifi- (5) KIMBERLEY PROCESS CERTIFICATE.—The such person. cation Scheme through the adoption of term ‘‘Kimberley Process Certificate’’ means (c) OVERSIGHT.—The President shall re- measures for the sharing of statistics on the a forgery resistant document of a Partici- quire the appropriate Government agency to production of and trade in rough diamonds, pant that demonstrates that an importation conduct annual reviews of the standards, and for monitoring the effectiveness of the or exportation of rough diamonds has been practices, and procedures of any entity in Kimberley Process Certification Scheme in controlled through the Kimberley Process the United States that issues Kimberley stemming trade in diamonds the importation Certification Scheme and contains the min- Process Certificates for the exportation from or exportation of which is not controlled imum elements set forth in Annex I to the the United States of rough diamonds to de- through the Kimberley Process Certification Kimberley Process Certification Scheme. termine whether such standards, practices, Scheme. (6) KIMBERLEY PROCESS CERTIFICATION and procedures are in accordance with the (b) STATISTICS AND REPORTING.—It is the SCHEME.—The term ‘‘Kimberley Process Cer- Kimberley Process Certification Scheme. sense of the Congress that under Annex III to tification Scheme’ means those standards, The President shall transmit to the appro- the Kimberley Process Certification Scheme, practices, and procedures of the inter- priate congressional committees a report on Participants recognized that reliable and national certification scheme for rough dia- each annual review under this subsection. comparable data on the international trade monds presented in the document entitled SEC. 6. IMPORTING AND EXPORTING AUTHORI- in rough diamonds are an essential tool for ‘‘Kimberley Process Certification Scheme’’ TIES. the effective implementation of the Kim- referred to in the Interlaken Declaration on (a) IN THE UNITED STATES.—For purposes of berley Process Certification Scheme. There- the Kimberley Process Certification Scheme this Act— fore, the executive branch should continue for Rough Diamonds of November 5, 2002. (1) the importing authority shall be the to— (7) PARTICIPANT.—The term ‘‘Participant’’ United States Bureau of Customs and Border (1) keep and publish statistics on imports means a state, customs territory, or regional Protection or, in the case of a territory or and exports of rough diamonds under sub- economic integration organization identified possession of the United States with its own headings 7102.10.00, 7102.21, and 7102.31.00 of by the Secretary of State. customs administration, analogous officials; the Harmonized Tariff Schedule of the (8) PERSON.—The term ‘‘person’’ means an and United States; individual or entity. (2) the exporting authority shall be the Bu- (2) make these statistics available for anal- (9) ROUGH DIAMOND.—The term ‘‘rough dia- reau of the Census. ysis by interested parties and by Partici- mond’’ means any diamond that is unworked (b) OF OTHER COUNTRIES.—The President pants; and or simply sawn, cleaved, or bruted and clas- shall publish in the Federal Register a list of (3) take a leadership role in negotiating a sifiable under subheading 7102.10, 7102.21, or all Participants, and all exporting authori- standardized methodology among Partici- 7102.31 of the Harmonized Tariff Schedule of ties and importing authorities of Partici- pants for reporting statistics on imports and the United States. pants. The Secretary shall update the list as exports of rough diamonds. (10) UNITED STATES.—The term ‘‘United necessary. SEC. 11. KIMBERLEY PROCESS IMPLEMENTATION States’’, when used in the geographic sense, SEC. 7. STATEMENT OF POLICY. COORDINATING COMMITTEE. means the several States, the District of Co- The Congress supports the policy that the The President shall establish a Kimberley lumbia, and any commonwealth, territory, President shall take appropriate steps to Process Implementation Coordinating Com- or possession of the United States. promote and facilitate the adoption by the mittee to coordinate the implementation of (11) UNITED STATES PERSON.—The term international community of the Kimberley this Act. The Committee should be composed ‘‘United States person’’ means— Process Certification Scheme implemented of the following individuals or their des- (A) any United States citizen or any alien under this Act. ignees: admitted for permanent residence into the SEC. 8. ENFORCEMENT. (1) The Secretary of the Treasury and the United States; (a) IN GENERAL.—In addition to the en- Secretary of State, to serve as co-chair- (B) any entity organized under the laws of forcement provisions set forth in subsection persons. the United States or any jurisdiction within (b)— (2) The Secretary of Commerce. the United States (including its foreign (1) a civil penalty of not to exceed $10,000 (3) The United States Trade Representa- branches); and may be imposed on any person who violates, tive.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.019 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2897 (4) The Secretary of Homeland Security. The SPEAKER pro tempore. Pursu- mate diamond trade that so many Afri- (5) A representative of any other agency ant to the rule, the gentleman from Il- cans depend on for their livelihood. the President deems appropriate. linois (Mr. CRANE) and the gentleman This is an important step forward SEC. 12. REPORTS. from Michigan (Mr. LEVIN) each will and deserves strong support. (a) ANNUAL REPORTS.—Not later than 1 control 20 minutes. Mr. LEVIN. Mr. Speaker, I yield my- year after the date of the enactment of this self such time as I may consume, and I Act and every 12 months thereafter for such The Chair recognizes the gentleman period as this Act is in effect, the President from Illinois (Mr. CRANE). ask unanimous consent to yield the shall transmit to the Congress a report— Mr. CRANE. Mr. Speaker, I yield 3 balance of the time, after I am done, to (1) describing actions taken by countries minutes to the gentleman from Cali- the gentleman from California (Mr. that have exported rough diamonds to the fornia (Mr. ROYCE). LANTOS), the ranking member of the United States during the preceding 12-month Mr. ROYCE. Mr. Speaker, I would Committee on International Relations, period to control the exportation of the dia- like to begin by commending the gen- and also that he be allowed to allocate monds through the Kimberley Process Cer- tleman from New York (Mr. HOUGH- that time as he desires. tification Scheme; TON), the vice-chairman of the Sub- The SPEAKER pro tempore. Is there (2) describing whether there is statistical objection to the request of the gen- information or other evidence that would in- committee on Africa, for working long and hard on this legislation. tleman from Michigan? dicate efforts to circumvent the Kimberley There was no objection. Process Certification Scheme, including cut- For several years now, the House has ting rough diamonds for the purpose of cir- been focused on the problem of conflict Mr. LEVIN. Mr. Speaker, I rise in cumventing the Kimberley Process Certifi- diamonds around the world. Three support of this legislation. H.R. 1584, cation Scheme; years ago, the Subcommittee on Africa the Clean Diamond Trade Act, imple- (3) identifying each country that, during that I chair held a hearing on these ments our obligations, the U.S. obliga- the preceding 12-month period, exported conflict diamonds; and we have had tions under the Kimberley Process Cer- rough diamonds to the United States and several hearings on Sierra Leone tification Scheme, an international was exporting rough diamonds not controlled system designed to ensure that rough through the Kimberley Process Certification where, again, these diamonds have fueled a conflict, frankly, a conflict diamonds entering the U.S. are legally Scheme, if the failure to do so has signifi- mined and traded. that has brutalized many children in cantly increased the likelihood that those Once in place, this system will be in- diamonds not so controlled are being im- that country, a conflict that has led to ported into the United States; and strumental in ensuring that conflict the forced amputations of the arms and diamonds, gems that have fueled dec- (4) identifying any problems or obstacles legs of little girls and little boys in Si- encountered in the implementation of this ades-long wars and atrocities in Africa, erra Leone. are not imported into the United Act or the Kimberly Process Certification Concerted international action, in- Scheme. States. (b) SEMIANNUAL REPORTS.—For each coun- cluding a U.N. curb on the diamond This legislation represents the cul- try identified in subsection (a)(3), the Presi- trade in Sierra Leone and neighboring mination of a 3-year effort led in sub- dent, during such period as this Act is in ef- Liberia, has helped give Sierra Leone a stantial part by the gentleman from fect, shall, every 6 months after the initial chance for peace. The legislation that Virginia (Mr. WOLF) and former Mem- report in which the country was identified, we are considering today builds on that transmit to the Congress a report that ex- ber, the gentleman from Ohio (Mr. success. Hall), and the gentleman from New plains what actions have been taken by the We should note that the problem of United States or such country since the pre- York (Mr. HOUGHTON), who is here vious report to ensure that diamonds the ex- natural resources fueling conflicts in today, and I salute his efforts, and the portation of which was not controlled Africa is not limited to diamonds. Over gentleman from New York (Mr. RAN- through the Kimberley Process Certification the last several years, an estimated 2.5 GEL). Scheme are not being imported from that million people have died in the eastern Each of these Members has helped to country into the United States. The require- Congo due to a conflict being fueled by keep the spotlight focused on the ter- ment to issue a semiannual report with re- an illegal natural resource rush. The rible toll trade in conflict diamonds spect to a country under this subsection U.N. has documented what it calls has had on the people of sub-Saharan shall remain in effect until such time as the ‘‘elite networks,’’ government officials country is controlling the importation and Africa. They have worked diligently exportation of rough diamonds through the from Rwanda, Uganda, Zimbabwe, and and responsibly to address the concerns Kimberley Process Certification Scheme. the Congo acting in collaboration with of the administration and of the gen- SEC. 13. GAO REPORT. international criminals and war lords. tleman from California (Mr. THOMAS). Not later than 24 months after the effec- What are they doing? They are gorging They have also worked to address con- tive date of this Act, the Comptroller Gen- on diamonds, but also other minerals cerns about the impact of rough dia- eral of the United States shall transmit a re- and on farm produce and land and tax mond regulations on legitimate dia- port to the Congress on the effectiveness of revenue, and these characters thrive in mond trade in countries such as Bot- the provisions of this Act in preventing the an environment of conflict. They swana, Namibia, South Africa, and importation or exportation of rough dia- thrive on death, and we need to combat monds that is prohibited under section 4. Tanzania. The Comptroller General shall include in the all of this exploitation. Let me just say briefly a word about report any recommendations on any modi- Today, though, we are focused on a the circumstances under which this bill fications to this Act that may be necessary. significant part of the problem, and is being considered. There is an urgent SEC. 14. DELEGATION OF AUTHORITIES. that is diamonds; and this legislation time factor. As a result, this legisla- The President may delegate the duties and is an important tool to fight this chaos tion was not considered in the Com- authorities under this Act to such officers, that is going on in eastern Congo and mittee on Ways and Means or the Com- officials, departments, or agencies of the elsewhere. Ending the trade in conflict mittee on International Relations; but United States Government as the President diamonds is all the more important this was not basically an effort to by- deems appropriate. given reports of terrorists using rough pass the committee process which, in SEC. 15. EFFECTIVE DATE. This Act shall take effect on the date on diamonds to hide their funds and to my view, is essential to the develop- which the President certifies to the Congress transfer their funds. ment of sound legislation. Rather, we that— Again, I would like to commend the agreed, on a bipartisan basis, because (1) an applicable waiver that has been gentleman from New York and the of time constraints, to proceed in this granted by the World Trade Organization is other Members; and to name a few, I manner, in part in large measure be- in effect; or would like to commend the gentleman cause of the implications of continued (2) an applicable decision in a resolution from Virginia (Mr. WOLF); our former nonaction by the U.S. adopted by the United Nations Security Member, the gentleman from Ohio (Mr. Specifically, as I understand it, the Council pursuant to Chapter VII of the Char- Hall); the gentleman from New York entire international certification sys- ter of the United Nations is in effect. (Mr. RANGEL); and others who have tem was not going to go into effect be- This Act shall thereafter remain in effect during those periods in which, as certified by worked on this legislation, which has cause we here had not implemented our the President to the Congress, an applicable been several years in the making. It obligations. So I am glad we were able waiver or decision referred to in paragraph promises to curb the trade in conflict to work across the aisle, across com- (1) or (2) is in effect. diamonds while not harming the legiti- mittees and with the NGO community,

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.019 H08PT1 H2898 CONGRESSIONAL RECORD — HOUSE April 8, 2003 the diamond industry and the diamond degenerate into work; and the people civil conflicts. Our legislation pro- mining country representatives to put who did the great work, David hibits the importation to or expor- this bill together. Kavanaugh, Mike Walsh, Viji tation from the United States of any I believe it is a beneficial work prod- Rangaswami of the Subcommittee on rough diamonds, from whatever source, uct, one which I urge my colleagues to Trade, Frank Record of the Committee that are not controlled through the pass; and also I think it is an example on International Relations, Jay Bruns Kimberly Process. I urge all of my col- of how to proceed on a bipartisan basis. of the State Department, and many leagues to support H.R. 1584. It makes sense here, and it makes friends of the Campaign to Eliminate Mr. Speaker, I reserve the balance of sense on other important issues. Conflict Diamonds, world vision, Am- my time. Specific provisions I am pleased to nesty International, Oxfam, and Catho- Mr. CRANE. Mr. Speaker, I yield 3 see included are inclusion of record- lic Relief Services. All have added their minutes to the gentleman from Vir- keeping requirements for importers weight here to this very important ginia (Mr. WOLF). and exporters of rough diamonds, man- piece of legislation. Mr. WOLF. Mr. Speaker, I thank the datory executive branch oversight of I urge my associates and my col- gentleman for yielding me this time, any entity that issues Kimberley proc- leagues to pass it. and I want to say thanks to the chair- ess certificates and provisions to co- man of the Committee on Ways and b 1545 ordinate activities of the various agen- Means, the gentleman from California cies and departments that will imple- Mr. LANTOS. Mr. Speaker, I yield (Mr. THOMAS), the chairman of the Sub- ment this bill and U.S. Kimberley proc- myself such time as I may consume, committee on Trade, the gentleman ess obligations. With these additions, and I rise in strong support of this res- from Illinois (Mr. CRANE), and their this bill sends an important signal to olution. First, Mr. Speaker, I would staff, Angela Ellard and Dave the international community that we like to commend my good friend and Kavanaugh, with the help of Viji here are engaged; that we here take colleague, the gentleman from New Rangaswami from the minority staff this issue seriously; and that we here York (Mr. HOUGHTON), who has done so for their efforts on the bill. In addition, expect other nations to take the nec- much to promote human rights and I want to thank the gentleman from essary steps to help eradicate this human dignity and fairness and justice New York (Mr. HOUGHTON) and his plight. in Africa, and indeed throughout the staff, Bob Van Wicklin for pulling this Mr. CRANE. Mr. Speaker, I yield 3 globe. I also want to thank all of my bill together and staying very faithful minutes to the gentleman from New colleagues on both sides of the aisle for during this difficult time; also, Frank York (Mr. HOUGHTON). making a contribution to this legisla- Record and Joan Condon from the Mr. HOUGHTON. Mr. Speaker, I tion. Committee on International Relations thank the gentleman from Illinois (Mr. Mr. Speaker, our legislation requires for their important contributions. CRANE), the gentleman from Michigan the United States to participate in the The passage of this bill is really a (Mr. LEVIN), the gentleman from Cali- Kimberly Process certification scheme. tribute to a former Congressman, Tony fornia (Mr. ROYCE), the gentleman from This process is designed to prevent Hall, who brought this issue to the New York (Mr. RANGEL). I want to international trade in conflict dia- body and asked me to go with him sev- thank particularly the gentleman from monds while protecting legitimate eral years ago to Sierra Leone. So, Virginia (Mr. WOLF) here who has been trade. Tony, this is really because of your a leading light in this whole propo- One cannot speak of conflict dia- work. And who says one person cannot sition and also Tony Hall, who is the monds, Mr. Speaker, without recalling make a difference? ambassador to the Food and Agricul- in vivid detail the young children from Mr. Speaker, millions of people have tural Organization in Rome whose spir- Sierra Leone who came before this died in Africa because of the bloodshed it just pervades this whole Chamber on Congress as tiny witnesses to the hor- surrounding conflict diamonds. The bill this issue. ror of so-called resource wars in Africa. we consider today may finally bring A lot of this has already been talked Little boys and little girls with arms hope and justice to the millions of Afri- about. I will not go over it in detail, and legs missing sat quietly before the cans who have suffered. In addition, but let me just say a few things. This Committee on International Relations major media organizations, the Wash- really is a follow-up to last year’s bill. as we listened to the gruesome details ington Post and the BBC, have re- I will not give my colleagues the num- of the civil war in Sierra Leone. ported direct connections between ber, they know it, but this 1584 creates The civil war was not a just war. This blood diamonds and the al Qaeda ter- a system to monitor the blood dia- was a war of shameless greed and rorist network. Addressing the issue of monds coming from Africa. It is a very, shameless corruption, an uncivilized conflict diamonds is not only essential very important bill for a variety of rea- war that knew no mercy, that knew no for the millions dying and suffering in sons, not the least of which the human- limit to cruelty. This war, and the Africa but also for America’s national itarian aspect; and what it does, it at- wars in Angola and the so-called Demo- security. tacks the problem of the trade in Afri- cratic Republic of Congo, were fueled This version of the bill before the can diamonds by having the President in large part by the illicit trade in so- House is a good one, and I am confident implement the so-called Kimberley called conflict diamonds. While some the President has the tools to ban process. My colleagues know what that call these diamonds a curse on these trade of rough diamonds that fund ter- is. It is important. It is a vehicle for countries, it is the evil men who would rorists and other groups that commit making this bill possible. slaughter parents and maim children despicable actions against innocent What the bill mechanically does is who are the ultimate curse on these people. The al Qaeda, Hezbollah, and three things. First of all, it bans non- countries and on humanity as a whole. many other groups have been funded compliant rough diamonds. It severely Mr. Speaker, the wars in Sierra through this diamond trade. punishes the violators of this ban, and Leone and Angola have ended, and in This bill is an important improve- it also helps other countries to set up Sierra Leone many of the wrongdoers ment over other drafts we have seen similar systems. are being brought to justice. Sanctions this year. For example, the bill lan- Also, this bill will require various re- against conflict diamonds played a sig- guage has established the Kimberly ports by the administration and a 24- nificant part in helping to stop these Process Coordination Committee. The month study by the GAO to report on wars. While the immediate crisis has committee would coordinate the imple- the effectiveness of the system. It passed, the effects will linger far into mentation of the act. Both the Secre- urges the President to continue nego- the future. I trust we will be willing to taries of State and Treasury would be tiations to strengthen the system and step up to the plate when we are called chairs of the committee. With the as- protects the legitimate diamond trade upon to help. sistance of the Secretaries of Com- and also remains consistent with our Mr. Speaker, H.R. 1584 will make sure merce, Homeland Security, and the international trade obligations. that the United States and our jewelry U.S. Trade Rep, there would be greater Like so many other things we do industry are not complicit in any fur- pressure to be sure the process is im- around here, all great ideas ultimately ther exploitation of diamonds to fuel plemented as the Congress intends.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.077 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2899 Further, a former Ambassador to Si- way to incorporate more Africans into General Assembly resolution in 2000 erra Leone, Ambassador Melrose, has the diamond industry itself to promote have laid the groundwork for devising told us that the ability to maintain more entrepreneurship and sustainable an international regime to stop the statistical information is vital to make development. flow of these conflict diamonds. a determination as to whether or not In closing, I would like to thank sev- The first meeting, as I think Mem- the Kimberly Process is being success- eral organizations, including Amnesty bers know, to discuss this took place in ful or circumvented. This will take International, World Vision, Physi- Kimberly, South Africa, in May of 2000 care of that. cians for Human Rights, Oxfam Amer- at the initiative of the African pro- The bill prevents illicit conflict dia- ica, and World Relief for their contin- ducing countries. Many technical and monds from entering the United ued support of conflict diamond re- working group meetings took place States. This is a tribute not only to forms. Over 65 percent of these conflict subsequent to that throughout Africa former Congressman Hall, but also as a diamonds, Mr. Speaker, were sold to and Europe, culminating in the Novem- sign that we care deeply about the people in our own country. So I want to ber 2002 meeting in Interlaken, Swit- young men and women and children thank our constituents for pushing for zerland, finalizing the so-called Kim- who had their arms cut off and all reform instead of accepting this unjust berly Process. those activities that took place. And I trade. This historic meeting committed all just want to thank all the Members I urge all our colleagues to support 48 participants, including the United and the staff that have been involved this bipartisan bill and the passage of States, to the rapid implementation of in bringing this bill here. H.R. 1584, and I want to thank once its diamond certification scheme for Mr. LANTOS. Mr. Speaker, I am very again the gentleman from California rough diamonds consistent with inter- pleased to yield 3 minutes to the gen- (Mr. LANTOS) again and the gentleman national trade rules. Fully consistent tlewoman from California (Ms. LEE), from New York (Mr. HOUGHTON). with the work of the diamond industry, my good friend and neighbor, who has Mr. CRANE. Mr. Speaker, I yield 5 including the World Diamond Council, fought so hard for human rights in Af- minutes to the gentleman from New numerous civil society representatives rica and elsewhere. Jersey (Mr. SMITH). and key NGOs, the voluntary self-regu- Ms. LEE. Mr. Speaker, I want to Mr. SMITH of New Jersey. Mr. lating initiatives from many producing thank the gentleman for his leadership Speaker, I thank the distinguished importing countries have now been in advocating human rights through- chairman for yielding me this time and melded through the Kimberly Process out the world and also for making sure for his great work on behalf of this leg- into a global system of mutually recog- that this is a bipartisan bill. islation, and to the gentleman from nized certificates for legitimate dia- I rise today in support of the Clean New York (Mr. HOUGHTON) for his su- monds. Diamonds Trade Act. Finally, Con- perb leadership in crafting this bill. Our own Nation’s extensive partici- gress, the international community, I rise in strong support, Mr. Speaker, pation in this effort, under the auspices and the various grassroots organiza- of the Clean Diamond Trade Act, a long of the State Department’s special nego- tions’ efforts to sever the link between overdue measure that will restore the tiator for conflict diamonds, is re- diamonds and war has come to the U.S. in a leadership position in the flected in the measure before us today. floor for a vote. So I want to thank the fight against the trade in conflict dia- The bill implements our obligations to prohibit the import or export of rough gentleman from New York (Mr. HOUGH- monds. For too long, the international diamonds not controlled by the Kim- TON), the gentleman from Illinois (Mr. community has looked the other way berly Process. HYDE), and again our ranking member, as rebel groups have trafficked in the The bill specifies that the exporting the gentleman from California (Mr. sale of lethal military weapons using authority under the bill will be the Bu- LANTOS), as well as the chair of the the profits from the sale of these dia- reau of the Census, and their role will Subcommittee on Africa, the gen- monds to finance efforts to overthrow be to issue the required regulations and tleman from California (Mr. ROYCE) legitimate governments. guidelines to ensure that any proposed and our ranking member, the gen- This bill will put in place the re- exports of rough diamonds be made quired laws and regulations designed to tleman from New Jersey (Mr. PAYNE) through the automated export system. monitor and control the import and ex- for their continued commitment to Any efforts to fully evaluate and en- port of the trade in conflict diamonds this issue. I encourage all Members to force this system validating Kimberly so they can no longer be used to sup- support this bill. Process Certificates would be under- Some have argued that regulating port instability and armed conflict taken by the United States Bureau of the global diamond industry should not throughout much of Africa and other Customs and Border Protection and the be Congress’ responsibility, but I argue parts of the world. Bureau of Immigration and Customs By all accounts, they are aptly that promoting peace over conflict, Enforcement. supporting our international commu- named conflict diamonds. During the I would also point out to my col- nities’ efforts to clean up the global di- past decade, more than 6 million people leagues that the legislation gives the amond system, and introducing ways from Sierra Leone, Angola, and the State Department a lead role, together to support the people in Africa, who Democratic Republic of the Congo have with the Treasury, in implementing have not been able to benefit from been driven from their homes by wars the legislation. In this regard, the ex- their own resources, should be our waged in large part for control for dia- isting special negotiator for conflict goal. This legislation transforms dia- mond mining areas. diamonds in the Bureau for Economic monds into a commodity from which I have met on several occasions, Mr. and Business Affairs should continue to all communities can benefit, not just a Speaker, with David Crane, the Sierra play a key role in this effort. chosen few. Leone Special War Crimes Prosecutor, H.R. 1584, the Clean Diamonds Trade who told me about ghastly war crimes b 1600 Act, provides a long list of overdue reg- committed in the name of diamond Mr. Speaker, it is the expectation of ulation on conflict diamonds. The bill profits. Not only has the illegitimate the Committee on International Rela- requires United States compliance with trade of diamonds led to systematic tions that it will be fully consulted by the Kimberly Process certification. It and gross human rights violations and the Department to the extent it de- imposes costly, very costly, civil pen- civil unrest, so too it has hurt the cides to take any action to modify this alties and jail time, which is very im- trade in legitimate diamonds, which position in any way. It has been portant, jail time for those who will- makes a critical contribution to the brought to my attention that a number fully violate the act, and incorporates economies of many developing coun- of nongovernmental organizations who oversight from our Customs Service tries. are taking an active role in monitoring and other key agencies which oversee Numerous resolutions, Mr. Speaker, the implementation of the Kimberly international trade. of the United Nations Security Council Process have expressed concerns that I believe each component is essential under Chapter VII of the U.N. Charter, several countries, including the Repub- to ending the sale of conflict diamonds. including resolutions 1173, 1295, 1306, lic of the Congo, the Democratic Re- And, further, I hope that we will find a and 1343, as well as a United Nations public of the Congo, Zimbabwe and the

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.079 H08PT1 H2900 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Central African Republic, have been gentleman from California (Mr. LAN- flict diamonds, blood diamonds, which admitted as participants in the certifi- TOS), and the gentleman from Illinois stimulated greed and provided pur- cation scheme despite evidence of con- (Chairman HYDE), and of course from chasing power for the weapons and tinued illegal trade in rough diamonds. the Committee on Ways and Means, the drugs that were used in this very, very I would ask the Department to exam- gentleman from California (Mr. THOM- brutal war. ine this evidence and take any and all AS) and the gentleman from New York As the international community re- appropriate actions necessary to miti- (Mr. RANGEL). sponded to the war in Sierra Leone, a gate and stop this illegal activity. I As a member of the Subcommittee on lot of Americans may ask themselves, urge support for the bill. Africa, we spend a great amount of What does that have to do with me? Mr. LANTOS. Mr. Speaker, I yield 3 time on exploring and understanding What is wrong with having a cheaper minutes to the gentleman from New conflicts in Africa and how devastating supply of diamonds? Sierra Leone is so York (Mr. RANGEL). the symptoms of the civil war and low- far away. (Mr. RANGEL asked and was given intensity conflicts can be in terms of Mr. Speaker, drying up the cash that permission to revise and extend his re- loss of life and loss of development op- supports terrorism is a very important marks.) portunities. part of the war on terrorism; but we Mr. RANGEL. Mr. Speaker, I thank However, we often do not spend suffi- can freeze all of the bank accounts we the ranking member of the Committee cient time on the underlying causes of want and stop the cash transfers, but on International Relations, and all of conflicts of the wars, including wars somebody can take a sock full of ille- the Members of the House that worked started and perpetuated over trying to gal diamonds, put it in their pocket, on this legislation, including the gen- control who gets to benefit from the walk onto a plane, and they have an tleman from New York (Mr. HOUGHTON) free trade of Africa’s vast natural re- ability to move wealth all over the and our past Member, Tony Hall, for sources like diamonds. Today’s bill world, to bribe and buy weaponry and the interest and support that he has makes a positive step in the right di- buy explosives. This bill is an impor- given. I would like to thank the non- rection to bring an end to those who tant part of our national security, not government organizations for the work would profit from conflict and war and just in Africa. that they have done to make the Kim- violence at the expense of socio- Rats have a way of finding a hole in berly Process available to us, and the economic development. It makes a step the house, and one of the things that I certificates, so we can move forward in the right direction to wage a war on like about this bill today is that it has with better trade with those who the international trade nexus of the vigilance that legislation needs. It produce raw diamonds. money, diamonds and weapons which has reporting requirements so we can Like other Members, I was motivated monitor the success and failures in this to get involved in this issue after see- help fuel conflicts in Africa. I want to thank Members on both bill, and I hope that we will respond in ing the horrific evidence of violence a rapid manner should we see we have wrought by rebel groups financing sides of the aisle for supporting this initiative. It represents a compromise some gaps. I encourage a strong vote of their civil war activities and human support for the Clean Diamond Trade rights abuses through the illegal dia- between doing more to help stop the trade of illegal conflict diamonds while Act. mond trade. Addressing this issue, it Mr. LANTOS. Mr. Speaker, I yield 2 also protecting the trade of diamonds seemed to me, was part and parcel of minutes to the gentlewoman from Cali- from countries which produce and sell our responsibility to assist the nations fornia (Ms. WATSON), a former distin- diamonds in ways which support eco- of sub-Saharan African countries by guished ambassador, and a distin- bringing peace to the continent. nomic development. guished member of the Committee on Mr. Speaker, H.R. 1584 is a measure In addition, I understood if we did Ways and Means. not curtail trade in illegal diamonds, we can all support. We must not lose Ms. WATSON. Mr. Speaker, I rise in our failure to act would have a chilling sight of the fact that for centuries Af- strong support of H.R. 1584, the Clean effect on the legitimate diamond trade rica’s vast resources have been used in Diamond Trade Act. Over the past dec- for countries such as Botswana where legal and illegal ways and provide lit- ade, many brutal civil wars throughout legitimately mined diamonds provide a tle benefits to African societies. Africa have been financed with the sale significant source of her income. The If we want to change these realities, of diamonds. These so-called conflict stain of conflict diamonds threatens to if we want the trade of Africa’s dia- diamonds have been especially useful have a tremendous adverse impact on monds, oil, and gold to support eco- to the brutal Sierra Leone rebel orga- her. nomic growth and development, we nization, the Revolutionary United I would like to say a few words about must devote as equal a level of atten- Front, which has been trading these the process by which this legislation is tion and financial resources as we diamonds to fund its war against the being considered. Normally, I have spend on trade liberalization and pri- government of Sierra Leone. been a strong advocate that all legisla- vatization efforts to assist African so- This bill implements the Kimberly tion go through the committee process cieties in building the necessary eco- Process Certification Scheme, which and be fully debated; but this par- nomic, regulatory, supervisory, and en- prohibits importing rough diamonds ticular bill did not go through the forcement institutions and laws that into the United States unless they Committee on Ways and Means or the every society must have to have a have been certified as not originating Committee on International Relations, transparent, competitive and free mar- from areas where the diamond trade fi- but I do believe in view of the time ket economy, an economy where both nances or generates violent conflict. In pressure to pass this very important the rights and obligations of the pri- essence, this bill prohibits the importa- legislation that this should be an ex- vate sector and consumers are pro- tion of any rough diamond that has not ception to the rule and there should tected, an economy which provides op- been controlled through the Kimberly not be any controversy. I am pleased to portunities and freedom for all. This Process. be working with the gentleman from Congress can start today with H.R. Mr. Speaker, I plan to introduce a California and on the other side of the 1584. bill in the next few days that also sup- aisle with the gentleman from Illinois Mr. LANTOS. Mr. Speaker, I yield 2 ports and endorses the Kimberly Proc- (Mr. CRANE) to give this support in con- minutes to the gentleman from Arkan- ess, but also encourages the global dia- nection with the urgency that it de- sas (Mr. SYNDER). mond industry, as represented by the serves. I ask all of my colleagues to Mr. SNYDER. Mr. Speaker, almost 20 World Diamond Council, to step up to support this bill. years ago I lived and worked in Sierra the plate and establish a fund to sup- Mr. CRANE. Mr. Speaker, I reserve Leone for 6 months. I was a doctor at a port a variety of programs that will aid the balance of my time. Catholic mission hospital. At that in the reconstruction and rehabilita- Mr. LANTOS. Mr. Speaker, I yield 2 time, Sierra Leone was poor and tion of African nations traumatized by minutes to the gentleman from New unhealthy with a life expectancy of 42 civil wars financed through the dia- York (Mr. MEEKs). years. It was inefficient with a low mond trade. Mr. MEEKS of New York. Mr. Speak- level of corruption, but it was not dan- I believe the diamond industry, er, I thank the ranking member, the gerous. And then along came these con- which has reaped the financial rewards

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.083 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2901 of trade with nations engulfed in civil after the name of the city in which fidence with respect to the purchase of dia- war, must also take responsibility in they were initiated. It creates a system monds by allowing American jewelers and assisting these nations to heal the of checks and balances for rough dia- jewelry store to tell their consumers the dia- wounds of war and creating a just and monds throughout the world. This sys- monds in their store are clean diamonds. Cur- lasting peace in those countries. While tem tracks through governmentally rently, no jeweler knows where their diamonds there have been a number of groups verifiable certificates that trade in dia- come from, and they cannot assure their cus- within the gemstone industry that monds between countries and individ- tomers their diamond purchases are not unwit- have been responsive, others have not uals. Since its January 1 implementa- tingly subsidizing a cruel and abusive rebel yet chosen to acknowledge the humani- tion date, over 40 countries are partici- force in one of these nations. Nonetheless, tarian emergency that the trade in pating in this system. The United once the ‘‘Clean Diamonds Act’’ is passed, conflict diamonds has produced. States requires this system to ensure jewelers will at last have a ‘‘clean stream’’ of Mr. LANTOS. Mr. Speaker, I have no that its leadership position in this crit- diamonds to sell. They can be confident the further requests for time, and I yield ical matter continues. Finally, this bill United States government is evaluating every back the balance of my time. is consistent with our WTO obliga- diamond supplying country and excluding Mr. CRANE. Mr. Speaker, I yield my- tions. those that fail to conform to internal standards. self such time as I may consume. Mr. Speaker, I strongly urge my col- In a statement by Ambassador Juan Larrain, Mr. Speaker, before I speak on the leagues to support this bipartisan bill Chairman of the Monitoring Mechanism on bill, I want to congratulate Members and to pass this important legislation. sanctions against UNITA, he stated ‘‘It has on both sides of the aisle, especially Ms. JACKSON-LEE of Texas. Mr. Speaker, been said that war is the price of peace. . . the gentleman from New York (Mr. I rise in support of H.R. 1584—To implement [These nations] have already paid too much. HOUGHTON) for the gentleman’s work effective measures to stop trade in conflict dia- Let them live a better life.’’ on behalf of getting this bill intro- monds, and for other purposes. The Clean Mr. Speaker, I urge my colleagues to join in duced. I also thank the gentleman from Diamonds Act prohibits the import of dia- this momentous effort to end the devastation Virginia (Mr. WOLF) and the gentleman monds into the United States unless the ex- that is occurring as a result of these conflicts. from California (Mr. LANTOS) and the porting country is implementing a system of Now is the time to act on behalf of the many gentleman from New York (Mr. RAN- controls on the export or import of rough dia- lives being sacrificed and those that are call- GEL) on the other side of the aisle. monds that meets specified requirements, ing for our help and our immediate attention to This is a very important bill that has consistent with United Nations General As- their pain and suffering. for this reason, we nothing to do with partisan politics sembly Resolution 55/56 adopted on Decem- must remain vigilant and not allow ourselves whatsoever. When it was introduced in ber 1, 2000, or a future international agree- to ignore the blood of the blameless. 2001, it passed this body by a vote of 408 ment which implements such controls and to However, it is imperative that we not penal- to six. I think the six Members that which the United States is a signatory. Addi- ize African countries like Ghana, that have voted against it at the time are prob- tionally, this legislation sets forth both civil and been diligent in certifying their diamonds and ably reconsidering it because there is standing up against the rebel, terrorist, and no basis for anyone to find any objec- criminal penalties for violations of the bill’s re- quirements. It prohibits the Overseas Private violent use of such diamonds. This is an im- tions to it. portant economic resource of such countries I hope that the bill we have before us Investment Corporation and the Export-Import Bank from engaging in certain transactions in and the legislature must acknowledge that. this evening, based on H.R. 2722 from Mr. CRANE. Mr. Speaker, I yield connection with projects or exports to coun- the 107th Congress, which passed by back the balance of my time. that 408 to six vote, and since that time tries violating the requirements of this Act. If The SPEAKER pro tempore (Mr. LIN- the administration has worked with further expresses the sense of Congress that DER). The question is on the motion of- the international community to final- the President should take steps to negotiate fered by the gentleman from Illinois ize the structure of the Kimberly Proc- an international agreement to eliminate the (Mr. CRANE) that the House suspend ess Certification Scheme which con- trade in diamonds used to support conflict in the rules and pass the bill, H.R. 1584, as trols the trade in rough diamonds, that the country or regions in which such diamonds amended. it is to all countries, and it prevents are mined. The question was taken. trade in conflict diamonds and the bill Mr. Speaker, to many people, diamonds The SPEAKER pro tempore. In the reflects the new structure. I thank the symbolize love, happiness, or wealth. But for opinion of the Chair, two-thirds of administration for its hard work and others, they mean conflict, misery and poverty. those present have voted in the affirm- dedication to the effort on this impor- In African countries such as Angola, Demo- ative. tant issue, too. cratic Republic of Congo, and Sierra Leone, Mr. LANTOS. Mr. Speaker, on that I The funds derived from the sale of the profits from unregulated diamond trade al- demand the yeas and nays. rough diamonds have been used by lows rebel forces to obtain weapons and fund The yeas and nays were ordered. rebels and state actors to finance mili- armed conflicts. Also, this practice spills over The SPEAKER pro tempore. Pursu- tary activities and to overthrow legiti- into neighboring countries that can be used as ant to clause 8 of rule XX and the mate governments, subvert inter- trading and transit grounds for illicit diamonds, Chair’s prior announcement, further national efforts to promote peace and and once the diamonds are brought to market, proceedings on this motion will be stability, and commit horrifying atroc- their origin is difficult to trace and once pol- postponed. ities against unarmed citizens. ished, they can no longer be identified. As a f During the past decade, more than 6.5 result of the complex nature of this process, 1615 million people from Sierra Leone, An- tens of thousands of civilians have been killed, b gola, and the Democratic Republic of raped, mutilated or abducted. GENERAL LEAVE the Congo have been driven from their In an amputee camp in the capital of Free- Mr. CRANE. Mr. Speaker, I ask unan- homes by wars waged in large part for town, one will find a three-year-old girl whose imous consent that all Members may control of diamond mining areas. The right arm was chopped off with a machete. have 5 legislative days within which to United Nations Security Council has One might also not be shocked to find her or revise and extend their remarks and in- issued resolutions urging nations to himself opposite a 14-year-old girl, pregnant clude extraneous material on the sub- take actions against conflict diamonds. by rape, who will never be able to hold her ject of H.R. 1584, the bill just passed. In response, the United States has child because the rebels who raped her also The SPEAKER pro tempore (Mr. LIN- issued various Presidential executive hacked off both of her arms. Other amputees DER). Is there objection to the request orders to ban direct imports from na- describe the horror of being forced to select at of the gentleman from Illinois? tions subject to the United Nations res- random a piece of paper out of a bag, and There was no objection. olution. The United States has also led losing the body part written on the scrap— f international negotiations to reach an arm, leg, ear, or nose. agreement that set standards for dia- The enactment of this legislation will not POSTAL CIVIL SERVICE RETIRE- mond extracting and trading nations to only eliminate the degree to which human MENT SYSTEM FUNDING RE- meet. lives are negatively impacted by the brutal FORM ACT OF 2003 These international negotiations, the practices of these rebel forces, but also it Mr. TOM DAVIS of Virginia. Mr. Kimberly Process it is called, came would do much to increase consumer con- Speaker, pursuant to the order of the

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.085 H08PT1 H2902 CONGRESSIONAL RECORD — HOUSE April 8, 2003 House of April 7, 2003, I call up the Sen- (2) CONFORMING AMENDMENTS.—Section ‘‘(D) Amortization schedules established ate bill (S. 380) to amend chapter 83 of 8334(k) of title 5, United States Code, is under this paragraph shall be set in accord- title 5, United States Code, to reform amended— ance with generally accepted actuarial prac- tices and principles, with interest computed the funding of benefits under the Civil (A) in paragraph (1)(A), by striking ‘‘the first sentence of subsection (a)(1) of this sec- at the rate used in the most recent dynamic Service Retirement System for em- tion’’ and inserting ‘‘subsection (a)(1)(A)’’; actuarial valuation of the Civil Service Re- ployees of the United States Postal (B) in paragraph (1)(B)— tirement System. Service, and for other purposes, and (i) by striking ‘‘the second sentence of sub- ‘‘(E) The United States Postal Service ask for its immediate consideration. section (a)(1) of this section’’ and inserting shall pay the amounts so determined to the The Clerk read the title of the Senate ‘‘subparagraph (B) of subsection (a)(1)’’; and Office, with payments due not later than the (ii) by striking ‘‘such sentence’’ and insert- date scheduled by the Office. bill. ‘‘(F) An amortization schedule established The SPEAKER pro tempore. Pursu- ing ‘‘such subparagraph’’; and (C) in paragraph (2)(C)(iii), by striking under subparagraph (B) or (C) shall supersede ant to the order of the House of April any amortization schedule previously estab- ‘‘the first sentence of subsection (a)(1)’’ and 7, 2003, the bill is considered read for lished under this paragraph. inserting ‘‘subsection (a)(1)(A)’’. ‘‘(3) Notwithstanding any other provision amendment. (c) POSTAL SUPPLEMENTAL LIABILITY.—Sub- of law, in computing the amount of any pay- The text of S. 380 is as follows: section (h) of section 8348 of title 5, United ment under any other subsection of this sec- S. 380 States Code, is amended to read as follows: tion that is based upon the amount of the Be it enacted by the Senate and House of Rep- ‘‘(h)(1)(A) For purposes of this subsection, ‘Postal supplemental liability’ means the es- unfunded liability, such payment shall be resentatives of the United States of America in computed disregarding that portion of the Congress assembled, timated excess, as determined by the Office, of— unfunded liability that the Office determines SECTION 1. SHORT TITLE. ‘‘(i) the actuarial present value of all fu- will be liquidated by payments under this This Act may be cited as the ‘‘Postal Civil subsection. ture benefits payable from the Fund under Service Retirement System Funding Reform ‘‘(4) Notwithstanding any other provision this subchapter attributable to the service of Act of 2003’’. of this subsection, any determination or re- current or former employees of the United determination made by the Office under this SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. States Postal Service, over (a) DEFINITIONS.—Section 8331 of title 5, subsection shall, upon request of the Postal ‘‘(ii) the sum of— Service, be subject to reconsideration and re- United States Code, is amended— ‘‘(I) the actuarial present value of deduc- (1) in paragraph (17)— view (including adjustment by the Board of tions to be withheld from the future basic Actuaries of the Civil Service Retirement (A) by striking ‘‘ ‘normal cost’ ’’ and insert- pay of employees of the United States Postal ing ‘‘ ‘normal-cost percentage’ ’’; and System) to the same extent and in the same Service currently subject to this subchapter manner as provided under section 8423(c).’’. (B) by inserting ‘‘and standards (using dy- pursuant to section 8334; (d) REPEALS.— namic assumptions)’’ after ‘‘practice’’; ‘‘(II) the actuarial present value of the fu- (1) IN GENERAL.—The following provisions (2) by amending paragraph (18) to read as ture contributions to be made pursuant to of law are repealed: follows: section 8334 with respect to employees of the (A) Subsection (m) of section 8348 of title 5, ‘‘(18) ‘Fund balance’ means the current net United States Postal Service currently sub- United States Code. assets of the Fund available for payment of ject to this subchapter; (B) Subsection (c) of section 7101 of the benefits, as determined by the Office in ac- ‘‘(III) that portion of the Fund balance, as Omnibus Budget Reconciliation Act of 1990 (5 cordance with appropriate accounting stand- of the date the Postal supplemental liability U.S.C. 8348 note). ards, but does not include any amount at- is determined, attributable to payments to (2) RULE OF CONSTRUCTION.—Nothing in this tributable to— the Fund by the United States Postal Serv- subsection shall be considered to affect any ‘‘(A) the Federal Employees’ Retirement ice and its employees, including earnings on payments made before the date of the enact- System; or those payments; and ment of this Act under either of the provi- ‘‘(B) contributions made under the Federal ‘‘(IV) any other appropriate amount, as de- sions of law repealed by paragraph (1). Employees’ Retirement Contribution Tem- termined by the Office in accordance with (e) MILITARY SERVICE PROPOSALS.— porary Adjustment Act of 1983 by or on be- generally accepted actuarial practices and (1) PROPOSALS.—The United States Postal half of any individual who became subject to principles. Service, the Department of the Treasury, the Federal Employees’ Retirement Sys- ‘‘(B)(i) In computing the actuarial present and the Office of Personnel Management tem;’’; and value of future benefits, the Office shall in- shall, by September 30, 2003, each prepare (3) by striking ‘‘and’’ at the end of para- clude the full value of benefits attributable and submit to the President, the Congress, graph (27), by striking the period at the end to military and volunteer service for United and the General Accounting Office proposals of paragraph (28) and inserting ‘‘; and’’, and States Postal Service employees first em- detailing whether and to what extent the De- by adding at the end the following: ployed after June 30, 1971, and a prorated partment of the Treasury or the Postal Serv- ‘‘(29) ‘dynamic assumptions’ means eco- share of the value of benefits attributable to ice should be responsible for the funding of nomic assumptions that are used in deter- military and volunteer service for United benefits attributable to the military service mining actuarial costs and liabilities of a re- States Postal Service employees first em- of current and former employees of the Post- tirement system and in anticipating the ef- ployed before July 1, 1971. al Service that, prior to the date of the en- fects of long-term future— ‘‘(ii) Military service so included shall not actment of this Act, were provided for under ‘‘(A) investment yields; be included in the computation of any section 8348(g)(2) of title 5, United States ‘‘(B) increases in rates of basic pay; and amount under subsection (g)(2). Code. ‘‘(2)(A) Not later than June 30, 2004, the Of- ‘‘(C) rates of price inflation.’’. (2) GAO REVIEW AND REPORT.—Not later fice shall determine the Postal supplemental (b) DEDUCTIONS AND CONTRIBUTIONS.— than 60 days after the Postal Service, the De- liability as of September 30, 2003. The Office (1) IN GENERAL.—Section 8334(a)(1) of title partment of the Treasury, and the Office of shall establish an amortization schedule, in- 5, United States Code, is amended— Personnel Management have submitted their cluding a series of equal annual installments (A) by striking ‘‘(a)(1)’’ and inserting proposals under paragraph (1), the General ‘‘(a)(1)(A)’’; commencing September 30, 2004, which pro- vides for the liquidation of such liability by Accounting Office shall prepare and submit a (B) by designating the matter following written evaluation of each such proposal to the first sentence as subparagraph (B)(i) and September 30, 2043. ‘‘(B) The Office shall redetermine the Post- the Committee on Government Reform of aligning the text accordingly; al supplemental liability as of the close of the House of Representatives and the Com- (C) in subparagraph (B)(i) (as so designated the fiscal year, for each fiscal year beginning mittee on Governmental Affairs of the Sen- by subparagraph (B)), by striking ‘‘An equal’’ after September 30, 2003, through the fiscal ate. and inserting ‘‘Except as provided in clause year ending September 30, 2038, and shall es- SEC. 3. DISPOSITION OF SAVINGS ACCRUING TO (ii), an equal’’; and tablish a new amortization schedule, includ- THE UNITED STATES POSTAL SERV- (D) by adding at the end the following: ing a series of equal annual installments ICE. ‘‘(ii) In the case of an employee of the commencing on September 30 of the subse- (a) IN GENERAL.—Savings accruing to the United States Postal Service, the amount to quent fiscal year, which provides for the liq- United States Postal Service as a result of be contributed under this subparagraph shall uidation of such liability by September 30, the enactment of this Act— (instead of the amount described in clause 2043. (1) shall, to the extent that such savings (i)) be equal to the product derived by multi- ‘‘(C) The Office shall redetermine the Post- are attributable to fiscal year 2003 or 2004, be plying the employee’s basic pay by the per- al supplemental liability as of the close of used to reduce the postal debt (in consulta- centage equal to— the fiscal year for each fiscal year beginning tion with the Secretary of the Treasury), and ‘‘(I) the normal-cost percentage for the ap- after September 30, 2038, and shall establish the Postal Service shall not incur additional plicable employee category listed in subpara- a new amortization schedule, including a se- debt to offset the use of the savings to re- graph (A), minus ries of equal annual installments com- duce the postal debt in fiscal years 2003 and ‘‘(II) the percentage deduction rate that mencing on September 30 of the subsequent 2004; applies with respect to such employee under fiscal year, which provides for the liquida- (2) shall, to the extent that such savings subparagraph (A).’’. tion of such liability over 5 years. are attributable to fiscal year 2005, be used

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.087 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2903 to continue holding postage rates unchanged (v) any other matter; and California (Mr. WAXMAN) each will con- and to reduce the postal debt, to such extent (B) the work of the President’s Commis- trol 30 minutes of debate on the bill. and in such manner as the Postal Service sion on the United States Postal Service The Chair recognizes the gentleman shall specify (in consultation with the Sec- under section 5 of Executive Order 13278 (67 from Virginia (Mr. TOM DAVIS). retary of the Treasury); and Fed. Reg. 76672). GENERAL LEAVE (3) to the extent that such savings are at- (3) GAO REVIEW AND REPORT.—Not later tributable to any fiscal year after fiscal year than 60 days after the Postal Service submits Mr. TOM DAVIS of Virginia. Mr. 2005, shall be considered to be operating ex- its proposal pursuant to paragraph (1), the Speaker, I ask unanimous consent that penses of the Postal Service and, until other- General Accounting Office shall prepare and all Members may have 5 legislative wise provided for by law, shall be held in es- submit a written evaluation of such proposal days within which to revise and extend crow and may not be obligated or expended. to the Committee on Government Reform of their remarks on the Senate bill under (b) AMOUNTS SAVED.— the House of Representatives and the Com- (1) IN GENERAL.—The amounts representing consideration. mittee on Governmental Affairs of the Sen- The SPEAKER pro tempore. Is there any savings accruing to the Postal Service in ate. objection to the request of the gen- any fiscal year as a result of the enactment (4) LEGISLATIVE ACTION.—Not later than 180 of this Act shall be computed by the Office of days after it has received both the proposal tleman from Virginia? Personnel Management for each such fiscal of the Postal Service and the evaluation of There was no objection. year in accordance with paragraph (2). such proposal by the General Accounting Of- Mr. TOM DAVIS of Virginia. Mr. (2) METHODOLOGY.—Not later than July 31, fice under this subsection, Congress shall re- Speaker, I yield myself such time as I 2003, the Office of Personnel Management visit the question of how the savings accru- may consume. shall— ing to the Postal Service as a result of the Mr. Speaker, S. 380, the Postal Civil (A) formulate a plan specifically enumer- enactment of this Act should be used. Service Retirement System Funding ating the actuarial methods and assumptions (f) DETERMINATION AND DISPOSITION OF SUR- Reform Act of 2003, is a bipartisan bill by which the Office shall make its computa- PLUS.— tions under paragraph (1); and (1) IN GENERAL.—If, as of the date under in the Senate. Its House counterpart is (B) submit such plan to the Committee on paragraph (2), the Office of Personnel Man- sponsored by the gentleman from New Government Reform of the House of Rep- agement determines (after consultation with York (Mr. MCHUGH), the gentleman resentatives and the Committee on Govern- the Postmaster General) that the computa- from California (Mr. WAXMAN), the gen- mental Affairs of the Senate. tion under section 8348(h)(1)(A) of title 5, tleman from Illinois (Mr. DAVIS), my- (3) REQUIREMENTS.—The plan shall be for- United States Code, yields a negative self and others. It reforms the way the mulated in consultation with the Postal amount (hereinafter referred to as a ‘‘sur- Postal Service funds its obligations to Service and shall include the opportunity for plus’’)— the Civil Service Retirement System. the Postal Service to request reconsideration (A) the Office shall inform the Postmaster of computations under this subsection, and General of its determination, including the It prevents the Postal Service from for the Board of Actuaries of the Civil Serv- size of the surplus so determined; and overfunding its obligations to CSRS ice Retirement System to review and make (B) the Postmaster General shall submit to and postpones a rate increase for the adjustments to such computations, to the the Congress a report describing how the American people and postal ratepayers. same extent and in the same manner as pro- Postal Service proposes that such surplus be Last year the Office of Personnel vided under section 8423(c) of title 5, United used, including a draft of any legislation Management, at the request of GAO, States Code. that might be necessary. reviewed the status of the Postal Serv- (c) REPORTING REQUIREMENT.—The Postal (2) DETERMINATION DATE.—The date to be ice’s funding of its CSRS benefits. OPM Service shall include in each report rendered used for purposes of paragraph (1) shall be under section 2402 of title 39, United States September 30, 2025, or such earlier date as, in found that based on payments cur- Code, the amount applied toward reducing the judgment of the Office, is the date by rently required by law, the Postal the postal debt, and the size of the postal which all postal employees under the Civil Service would overfund its CSRS bene- debt before and after the application of sub- Service Retirement System will have re- fits by more than $70 billion. OPM pro- section (a), during the period covered by tired. posed a legislative solution modeling such report. (g) DEFINITIONS.—For purposes of this sec- (d) SENSE OF CONGRESS.—It is the sense of the Postal Service’s payments to CSRS tion— after its payments to the current Fed- the Congress that— (1) the savings accruing to the Postal Serv- (1) the savings accruing to the Postal Serv- ice as a result of the enactment of this Act eral Employee Retirement System. ice as a result of the enactment of this Act shall, for any fiscal year, be equal to the This would result in a reduction in the will be sufficient to allow the Postal Service amount (if any) by which— Postal Service’s annual obligation to to fulfill its commitment to hold postage (A) the contributions that the Postal Serv- CSRS, allowing the Postal Service to rates unchanged until at least 2006; ice would otherwise have been required to delay its next rate increase beyond 2004 (2) because the Postal Service still faces make to the Civil Service Retirement and substantial obligations related to postretire- to at least fiscal year 2006. Disability Fund for such fiscal year if this The bill we are considering today, S. ment health benefits for its current and Act had not been enacted, exceed former employees, some portion of the sav- 380, differs from OPM’s proposal in that (B) the contributions made by the Postal it places tight restrictions on how the ings referred to in paragraph (1) should be Service to such Fund for such fiscal year; used to address those unfunded obligations; and Postal Service uses the savings. The and (2) the term ‘‘postal debt’’ means the out- bill requires the Postal Service to work (3) none of the savings referred to in para- standing obligations of the Postal Service, as with the Department of the Treasury graph (1) should be used in the computation determined under chapter 20 of title 39, to apply the funds saved to pay down of any bonuses for Postal Service executives. United States Code. (e) POSTAL SERVICE PROPOSAL.— its debt to Treasury in fiscal years 2003 SEC. 4. EFFECTIVE DATE. (1) IN GENERAL.—The United States Postal and 2004 and directs the Postal Service This Act and the amendments made by Service shall, by September 30, 2003, prepare to use the savings in 2005 to delay an this Act shall become effective on the date of and submit to the President, the Congress, anticipated rate increase. Subse- the enactment of this Act, except that the and the General Accounting Office its pro- amendments made by section 2(b) shall apply quently, the Postal Service and OPM posal detailing how any savings accruing to with respect to pay periods beginning on or are to calculate the difference between the Postal Service as a result of the enact- after such date. the cost to fund CSRS under the bill ment of this Act, which are attributable to and under the current law. any fiscal year after fiscal year 2005, should The SPEAKER pro tempore. After 1 be expended. hour of debate on the bill, it shall be in The Postal Service will develop a (2) MATTERS TO CONSIDER.—In preparing its order to consider the amendment print- proposal for the use of the funds. With- proposal under this subsection, the Postal ed in the CONGRESSIONAL RECORD, if of- out congressional action on the Postal Service shall consider— fered by the gentleman from California Service proposal, the funds would be (A) whether, and to what extent, those fu- (Mr. WAXMAN), or his designee, which placed in escrow. ture savings should be used to address— shall be considered read, shall be de- This legislation will also require the (i) debt repayment; batable for 10 minutes, equally divided Postal Service to fund the portion of (ii) prefunding of postretirement and controlled by the proponent and an retirement benefits attributable to the healthcare benefits for current and former prior military service of postal employ- postal employees; opponent, and shall not be subject to (iii) productivity and cost saving capital amendment or to a demand for a divi- ees which, again, models the Postal investments; sion of the question. Service’s payments to CSRS after the (iv) delaying or moderating increases in The gentleman from Virginia (Mr. current Federal Employee Retirement postal rates; and TOM DAVIS) and the gentleman from System, or FERS.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.026 H08PT1 H2904 CONGRESSIONAL RECORD — HOUSE April 8, 2003 I think this is an issue that demands from New York (Mr. MCHUGH) for the The puns notwithstanding, I deeply further study because no other agency time and effort they have spent in re- appreciate his very kind comments, in the Federal Government that I am fining this proposal. The bill in S. 380, and, Mr. Speaker, I certainly welcome aware of funds its CSRS military obli- is identical to the version of the bill we this chance in the next 5 minutes to gations within the department. It may reported out of committee with the ex- add my words of great appreciation and ultimately be unfair to make postal ception of a provision requiring a new approval to I think a very important customers and ratepayers fund mili- study on military pensions that I piece of legislation and certainly one tary retirement benefits. worked out with the gentleman from that I hope bodes well for the future, Working with the gentleman from Virginia (Chairman TOM DAVIS). This is because we have before us here today a California (Mr. WAXMAN), my ranking a very positive bipartisan start for our bipartisan agreement, as the ranking member, I prepared an amendment to committee. member so correctly stated, one that the House version of the bill, H.R. 735, I would also like to commend our sets and bodes very well a brighter fu- requiring the Department of the Treas- Senate colleagues, Senators SUSAN ture for this full committee, and, I am ury, the Office of Personnel Manage- COLLINS and JOSEPH LIEBERMAN, for hopeful, as someone who has had the ment, and the Postal Service to de- their work on this issue. honor and opportunity to delve into velop proposals on this issue. So this is The bill we are considering today postal issues over the past several an issue that will be revisited. corrects the calculation of the Postal years, a fine start to continued bipar- The Committee on Government Re- Service’s contributions to its pension tisan cooperation in terms of our con- form and the Senate Committee on fund and provides immediate and need- tinuing efforts to modernize the Postal Government Affairs will look at those ed financial relief to the Postal Serv- Service in even broader measures. And proposals and revisit the issue. This ice. The legislation would credit the I, too, deeply appreciate the great lead- amendment was incorporated in S. 380, Postal Service for the real value of ership, the very hard work of the gen- so we do not need to offer it today. I Civil Service Retirement System con- tleman from Virginia (Mr. TOM DAVIS), also understand the gentleman from tributions it made in the past and the chairman of the standing com- California (Mr. WAXMAN) will be offer- change how contributions will be com- mittee; the gentleman from California ing and withdrawing an amendment on puted in the future. Under S. 380, the (Mr. WAXMAN), the ranking member; this subject in a few moments in order Postal Service will save $9 billion over and my long partner in these postal to further highlight its importance, the next 3 years and $36 billion over the issues, the gentleman from Illinois and I thank and congratulate him for next 10 years. S. 380 divides the money (Mr. DAVIS) for their very concerted ef- his leadership in highlighting this issue saved by the Postal Service into two fort to bring this very necessary and, and pledge to him that we will con- parts. For the savings received in fiscal as the ranking member and the chair- tinue to work on this; and this is, in years 2003, 2004, and 2005, the bill pro- man both said, very timely piece of my judgment, not the end of the mat- vides that the Postal Service will use legislation to the floor at this moment. ter. the money to pay down the debt and Both the chairman and the ranking Many people do not know this, but hold postage rates stable. This will member, I think, have struck on the the Postal industry, including ancil- allow the Postmaster General to keep major points of importance her, very lary businesses, represents approxi- his commitment to hold off on any rate eloquently and very appropriately. But mately 9 percent of the gross domestic increases through the year 2006. let me just highlight for a moment the product, the GDP. The industry has For fiscal years beyond 2005, the bill very critical nature of what we are been hit hard in the last several years, requires the Postal Service to submit doing. Certainly to the Postal Service’s first by the economic slowdown and to Congress a plan for using the sav- future viability, its ability, as the gen- then by events of September 11, 2001 ings. This plan must then be reviewed tleman from California (Mr. WAXMAN) and subsequent anthrax attacks. Dur- by the General Accounting Office and said, to dedicate these savings that will ing this same period, postal rates in- approved or modified by Congress. The accrue from what I hope the House is creased three times within 18 months. planning provisions contained in the about to do here today toward all of The Postal industry needs relief. bill provide an opportunity for Con- those issues to ensure even better mail The Postal Service will be able to gress to review how the Postal Service delivery service, to ensure their contin- hold off on a rate increase if this legis- will use the savings to address a num- ued viability, to say to those some lation passes. This gives money back to ber of long-term challenges facing the 800,000 dedicated Postal employees that the Postal customer and allows us all service such as its debt load, under- we understand the great challenges to hold on to our 37-cent stamps for 2 funded capital projects, and unfunded that they face, that where the opportu- more years. It also stabilizes the Post- liabilities for post-retirement health nities present themselves we are not al Service financially, securing the care. just willing, but here through this bill jobs of nearly 9 million people in the This legislation is being acted upon apparently able to assist in that very postal industry. quickly because without it, the Postal worthy effort. Postal consumers have implored us Service faces an increasing financial But this is an important piece of eco- to address this problem before it is too crises. In fact, the Postmaster General nomic development legislation as well, late. The United States Postal Service, and the Postal Board of Governors Mr. Speaker. Just as way of illustra- all four postal unions, the postal man- have indicated that in the absence of tion, the Postal Service, the entire agement associations, and a very broad such a change, the Postal Service will postal delivery sector today represents coalition of postal customers support be forced to apply for a rate increase some $635 billion annually in direct this bill. I hope that we can pass it ex- later this year. economic activity in the production of peditiously and put off the next rate S. 380 has broad support among the mail and delivery services. Mail adver- increase until at least 2006. postal community and it deserves our tising alone generates some $725 billion Mr. Speaker I urge adoption of S. 380. passage today. in economic activity each and every Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of year. And the parcels handled by the my time. my time. Postal industry, including all postal Mr. WAXMAN. Mr. Speaker, I yield Mr. TOM DAVIS of Virginia. Mr. and parcel carriers, have a value ex- myself such time that I may consume. Speaker, I yield 5 minutes to the gen- ceeding $850 billion. I rise in support of the legislation be- tleman from New York (Mr. MCHUGH) A lot of us spend a lot of time, under- fore us. As the ranking member of the who has been the former chairman of standably and rightfully so, delving Committee on Government Reform, I the Subcommittee on the Postal Serv- into the issue of what we can do to support this bill, S. 380, and before I ice and one of the real experts on this stimulate this economy, and this bill begin my remarks on the bill, I would issue to address this issue and put his today in supporting those significant like to commend my colleagues, the stamp of approval. segments of our economic activity and gentleman from Virginia (Chairman Mr. MCHUGH. Mr. Speaker, I thank our economic sector certainly would go TOM DAVIS) and the gentleman from Il- the gentleman for yielding me this a long way towards boosting the eco- linois (Mr. DAVIS) and the gentleman time. nomic activities of this Nation as a

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.088 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2905 whole into the future, and they cer- I also want to thank the gentleman bill through this legislative body at tainly speak of the absolutely essential from New York (Mr. MCHUGH), who has this time. nature of this bill, S. 380. And my com- provided leadership on postal issues for It is very important that we have a pliments to Ms. COLLINS and to Mr. a number of years, and all of their strong and viable postal service, and LIEBERMAN, our colleagues in the Sen- staffs, as well as my staff, for the enor- that is why during the last Congress I ate, for their leadership and their great mous time and effort spent in crafting was disappointed when we did not pass work. H.R. 735. the Postal Accountability and En- The gentleman from California (Mr. I am particularly proud of the fact hancement Act. The gentleman from WAXMAN) said it, and he is absolutely that we have worked together in a pro- New York (Mr. MCHUGH) and others right. Time is of the essence. Without ductive, constructive, and bipartisan worked very hard on that legislation, this initiative it is likely, in fact abso- manner. We have begun the 108th Con- and it would have helped a great deal. lutely certain, the Postal Service gress on a very positive note, and we As the gentleman from Virginia (Mr. would be forced to impose a potential look forward to the continuation of TOM DAVIS) just said a few minutes rate increase in postage rates within a that in our committee. ago, there are a lot of problems with matter of weeks, and through this ac- I would also like to thank the Senate the postal service that need to be ad- tion we can forestall that, as has been for striking their language and sub- dressed, but this is a very important said here repeatedly on the floor, until stituting the language from our bill, one; and that is why I am happy to see at least the fiscal year 2006 to help the H.R. 735, and including the military this bill before us today. Postal Service expand its declining study language of the gentleman from Why is immediate action needed? Be- mail volumes, to help it become even Virginia (Mr. TOM DAVIS). cause, if we do not do anything, that more viable into the future. Since the introduction of the House simply is not an option. If Congress And as the gentleman from Cali- postal pension bill and throughout the does not correct the retirement benefit fornia (Mr. WAXMAN) and others have committee’s markup process, I re- formula in current law, postal rates said, rarely do we have a chance on ceived hundreds of letters from mem- will probably increase in the not-too- this floor to support a piece of legisla- bers of the business mailing commu- distant future, and everybody who tion so uniformly supported by all the nity expressing support of the legisla- deals with the postal service and has affected parties. The Postal Service, tion and urging quick action. I was businesses understands how important the administration, the postal unions, pleased to have been contacted by so that is. Such an increase in postal the very vital mail industry through- many businesses in the Chicago area rates in the current economic environ- out this Nation all see this as the prop- and within the State of Illinois. ment threatens the postal service, its er thing to do. In the face of a depressing economy employees and the entire country, as and a swift and steady decline in mail well as the mailing industry. b 1630 volume, businesses and consumers are Congress has a duty to ensure that I want to just say for the record, I in no mood for postage rate increases. the U.S. Postal Service is on a sound understand and in large measure sup- To that end, I am pleased that the bill fiscal footing and to protect the Amer- port what both the ranking member before us not only corrects the calcula- ican postal customers from unstable and the chairman have said with re- tion of the postal service’s contribu- rates. Changing the way the U.S. Post- spect to the treatment of military pay. tions to the CSRS fund, it will also al Service retirement payments are I think we do have to take a look at allow the postal service to hold off on made is going to go a long way toward that. rate increases for at least 2 years, accomplishing that goal. Without this I commend the gentleman from Cali- while allowing the postal service to re- change, businesses throughout the fornia (Mr. WAXMAN) for not clouding duce its $11.9 billion debt. country will continue to be unfairly the issue at this particular moment, Mr. Speaker, I appreciate the oppor- taxed by having postal rate increases. but there are others who have differing tunity to express my support for this This bill is very, very needed and will opinions, and I think we need to have a important legislation. Although this is ensure stable postal rates into the fore- full discussion on that. So I urge the a good bill, it is not a perfect bill. At seeable future, and I think will help fa- full support of the House on this bill. the appropriate time, I certainly ex- cilitate an economic recovery in many Mr. WAXMAN. Mr. Speaker, I am pect to express support for the military sectors of the economy. pleased to yield such time as he may amendment of the gentleman from Once again I want to thank the gen- consume to the gentleman from Illi- California (Mr. WAXMAN), an amend- tleman from Virginia (Chairman TOM nois (Mr. DAVIS), the ranking Demo- ment which would retain current law DAVIS) for his hard work on this. He is crat on the Postal Task Force of the with respect to Treasury paying the doing a great job as a new chairman, Committee on Government Reform. costs related to the military service of and I appreciate that. Mr. DAVIS of Illinois. Mr. Speaker, I employees in the Civil Service Retire- Mr. WAXMAN. Mr. Speaker, I am thank the gentleman from California ment System. pleased to yield such time as he may for yielding me time. Practically all of the postal service’s consume to the gentleman from Mary- Mr. Speaker, as the ranking minority stakeholders are in support of this leg- land (Mr. CUMMINGS), a very important member of the Committee on Govern- islation: printers, mailers, the unions, member of our committee. ment Reform’s Special Panel on Postal and the consuming public. It is a good Mr. CUMMINGS. Mr. Speaker, I Reform and Oversight, I rise in support bill. I urge its passage. thank the gentleman for yielding me of S. 380, the Postal Civil Service Re- Again, I commend the chairman and time. tirement System Funding Reform Act ranking member for their leadership. Mr. Speaker, I would like to recog- of 2003. As an original cosponsor of the Mr. TOM DAVIS of Virginia. Mr. nize the gentleman from Virginia (Mr. House version, H.R. 735, I am pleased to Speaker, I yield 2 minutes to the gen- TOM DAVIS) and certainly the gen- join my colleagues in the consideration tleman from Indiana (Mr. BURTON), the tleman from California (Mr. WAXMAN), of S. 380, legislation which will correct former chairman of the full committee the gentleman from New York (Mr. the way payments are made to the and a leader in postal reform. MCHUGH) and the gentleman from Illi- Civil Service Retirement System. Mr. BURTON of Indiana. Mr. Speak- nois (Mr. DAVIS) for their fine work on At this time, Mr. Speaker, I want to er, I thank the gentleman for yielding this bill. thank especially the chairman of this me time. The gentleman from New York (Mr. committee, the gentleman from Vir- I agree with what my colleague with MCHUGH) has worked tirelessly on post- ginia (Mr. TOM DAVIS), and the ranking the great voice, the gentleman from Il- al issues for several years. S. 380 con- member, the gentleman from Cali- linois (Mr. DAVIS), just said; and I rise tains the same language as H.R. 735. As fornia (Mr. WAXMAN), for their ability in support of the Postal Civil Service such, I am pleased to support S. 380, a to come together in a unified, bipar- Retirement System Funding Reform bill that goes a long way to ensure the tisan way, to reach agreement and Act of 2003. I commend the gentleman viability of the postal service. bring to the floor this legislation in a from Virginia (Chairman TOM DAVIS) This bill provides financial relief to very timely manner. on our side of the aisle for guiding this the postal service by reducing the

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.090 H08PT1 H2906 CONGRESSIONAL RECORD — HOUSE April 8, 2003 amount that the postal service has to while avoiding the temptation to al, labor unions, management groups, pay into the Civil Service Retirement micromanage post offices. business and industry and other postal System. The postal service will save Mr. Speaker, I would like to thank consumers, all of whom support this $9.1 billion over the next 3 years and my good friend, the gentleman from legislation. $35.6 billion over the next 10 years. New York (Mr. MCHUGH), a congres- The mailing industry is tremen- I am also pleased that S. 380 contains sional leader on postal issues, and my dously important to the economy of language that calls on the postal serv- chairman, the gentleman from Virginia our Nation. The United States Postal ice and other Federal agencies to study (Mr. TOM DAVIS), for his hard work Service is the second largest civilian the military pensions and report back bringing the bill so swiftly to the floor. employer in the Nation, employing to the Congress. Currently, the postal The gentleman from Virginia (Chair- over 770,000 talented and dedicated service is paying billions of dollars man TOM DAVIS) has demonstrated his workers, workers who lately have had more into CSRS each year than is leadership in legislative capabilities as to do their job under tremendous pres- needed to fully fund its pension obliga- chairman of the Committee on Govern- sure with the threat of anthrax attacks tions. The Office of Personnel and Man- ment Reform in a very short period of and terrorist attacks. agement determined that by changing time, and I appreciate his work on this b 1645 the funding formula the postal service issue. could reduce the amount of money Mr. Speaker, I urge my colleagues to The mail industry is 8 percent of our needed to pay into the fund. The fund- support this bill. GNP, a $900 billion industry that in- ing formula would be more like the one Mr. WAXMAN. Mr. Speaker, I yield 3 cludes not only the Postal Service, but used in the Federal Employees Retire- minutes to the gentlewoman from New also 9 million Americans in the private ment System. York (Mrs. MALONEY). sector who work in this industry. I rep- This bill requires the postal service Mrs. MALONEY. Mr. Speaker, I resent many businesses that rely great- to work with the Treasury Depart- thank the gentleman for yielding me ly on the Postal Service, and this bill ment, applying the saved funding to time, and I thank him for his leader- will not only benefit the Postal Service pay down its debt in the first 2 years. ship on this issue and so many others, directly, but because this will stabilize In fiscal year 2005, the bill allows for and, of course, thank the gentleman the rates, and this is very important, the money saved to be used to keep from Virginia (Mr. TOM DAVIS) and sub- because it will help struggling and ail- postal rates stable through 2006. committee minority member, the gen- ing businesses like the magazine indus- Mr. Speaker, this bill enjoys broad tleman from Illinois (Mr. DAVIS), for try, which happens to be headquartered support from the postal service, postal their work on this important bill. in the district that I represent. And labor unions, mailing industry rep- I rise in strong support of S. 380, the they have seen many longtime popular resentatives, and postal consumers. Postal Civil Service Retirement Sys- magazines fail, like Mademoiselle, Passage of this legislation will ensure tem Funding Program. As a member of Mode, and Brill’s Content shut down that the postal service pays down its the Committee on Government Re- operations because of the tough econ- debts and will forestall the need for an- form’s Special Panel on Postal Reform omy and also because of the escalating other postage rate increase until 2006. and Oversight and a cosponsor of H.R. postal rates. All USPS customers need This legislation strengthens the postal 735, the House companion, I am very the best service possible from the Post- service, lowers the postal service’s pleased that the House is taking up al Service, and certainly a healthy debts, and protects postal consumers. I this very important legislation today Postal Service is vital to a healthy urge all of my friends in the Congress that is important to the postal service economy. to vote in favor of S. 380. and important to the American con- Mr. Speaker, I am very pleased that Mr. TOM DAVIS of Virginia. Mr. sumer. the House is taking action today to Speaker, I am pleased to yield 2 min- With the postal service facing $11 bil- help strengthen the Postal Service. utes to the gentleman from Florida lion in debt over the next few years and Mr. TOM DAVIS of Virginia. Mr. (Mr. PUTNAM), a member on the Com- the General Accounting Office listing Speaker, I am happy to yield 4 minutes mittee on Government Reform. the postal service on their high-risk to the gentlewoman from Macomb Mr. PUTNAM. Mr. Speaker, I rise list, S. 380 and its stabilizing effects on County, Michigan (Mrs. MILLER). today in strong support of S. 380, which the postal service is very good news for Mrs. MILLER of Michigan. Mr. contains the same language as H.R. 735. our country. Speaker, I certainly thank the gen- This legislation, as has been said ear- S. 380 corrects the formula used to tleman for yielding me this time. lier, is critically important to our Na- determine the amount of annual lump- The Postal Civil Service Retirement tion’s economy, especially in these un- sum payments the postal service System Funding Reform Act of 2003 is certain times. makes to the Civil Service Retirement a very, very long name, but appro- S. 380 is good for the American con- System. If current law remains un- priately so, because it addresses reform sumers because it means that we will changed, the postal service-required that is certainly very long overdue. be able to hold the line on postal rate share of this Federal Government re- The Postal Service, in fact, has not increases for at least 2 more years. It tirement fund will result in a very sig- seen any real reform since 1971 when also relieves pressure on those who rely nificant long-term overpayment of the Congress passed the Postal Reorga- heavily on the postal service to deliver more than $70 billion. nization Act. Since then, of course, the their products, allowing them to rein- S. 380 will credit the postal service Postal Service has dramatically ex- vest that savings into their local com- for its past payments, which is only panded. munities and provide more jobs. Most fair, to seed SRS, and change how con- Consider some rather startling num- importantly, by freezing rates for 2 tributions will be made in the future. bers. Today, the mailing industry ac- years, the postal service and its cus- The bottom line is that the postal serv- counts for 9 million jobs, $900 billion in tomers are afforded great stability in ice will get some very needed fiscal re- commerce, and 9 percent of the United their mailing and long-term planning lief, a cash inflow of money, and the States gross domestic product. S. 380, budgets. American people get a promise of sta- as approved by the Senate, is really As has been said earlier, this in- ble postal rates until 2006. The Amer- nearly identical to H.R. 735 which was volved the support of all of the postal ican public and all postal customers passed by the Committee on Govern- service customers, the unions, the ad- will enjoy a 3-year rate freeze on the ment Reform under the extraordinary ministration; and it involved a great cost of postage because of this fix. leadership of our great chairman, the deal of compromise for those folks to I would like to thank my colleague, gentleman from Virginia (Mr. DAVIS). come on board, setting the tone for the gentleman from New York (Mr. The purpose of this legislation is to long-term structural reform of the MCHUGH), along with others, the gen- change the manner in which the Postal postal service. tleman from Illinois (Mr. DAVIS) and, Service pays into the Civil Service Re- The bill buys everyone valuable time of course, the chairman and ranking tirement System. to develop a comprehensive long-term member, as well as the postal service This legislation is so very necessary solution to the post office’s solvency, and the very diverse coalition of post- because under current law, the Postal

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.092 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2907 Service will overpay its obligations to the gentleman from New York (Mr. and its economic power. It can also be the Civil Service Retirement System MCHUGH) for taking the leadership to an economic drag, because this Nation by more than $70 billion. In effect, the move forward on this. cannot run without that service. Postal Service would be forced to sub- Mr. Speaker, it is an unusual day in So to the extent that we are able to sidize the retirement obligations of America when people can look to the find billions of dollars and move them other Federal agencies. Congress and understand that we may into the operational side, move them The net result is that the Postal really solve a problem. If we can agree into the side to reduce the capital ex- Service has to continually implement on something being a problem, it penditure demands for increased fund- rate increases which would otherwise should not be hard to fix it. The debate ing, there is no question but what that be unnecessary. ought to be around what does it take to does is give us the ability to be able to S. 380 does not affect the payment of bring about a solution, but we have to more effectively deal with the economy retiree benefits. It has no negative im- agree there is a problem. of this country. pact on retirees. It simply addresses There is no question but that when This is a couple billion dollars a year, how those benefits are funded. one charges more for a monopoly like but the cumulative effect would have The anticipated savings from this bill the Postal Service, when one charges been $70 billion, 7 followed by 0, 0, 0, 0, would be utilized in two ways: first of more money for something than one is 0, 0, 0, 0, 0. As Senator Dirksen once all, to pay down the total debt that the supposed to, then that is an unfair tax said, If you take a billion here and a Postal Service currently has with the on the people, just as if the Congress billion there, pretty soon it adds up to Department of the Treasury; and sec- had passed the tax. Two, it has a sti- real money. ondly, to delay any rate increases on fling effect on the economy and all of So what we are doing today is taking consumer and commercial mailings those businesses, but just as impor- the first giant step towards solving a until fiscal year 2006. tantly, all of those individual human real money problem for the American Certainly, for most of us if one has a beings that use the Postal Service for people. What we are doing today is postal rate increase, it might just be a everything from mailing their monthly starting the long-range fix of the prob- nuisance, just 1 cent or 2 cents. That bills to mailing out anniversary and lem in the Postal Service to the benefit kind of an increase might not mean too Christmas cards. Three, they have not of the employees, to the benefit of the much if you send only a few letters per been able to figure out in the past how consumers, to the benefit of the users, month. However, if you are a business to take care of funding the Civil Serv- and to the benefit of the economy of who is sending literally millions of ice Retirement System adequately. America. I say to the gentleman from Virginia pieces of mail, this is a tremendous in- It is a red letter day when the Repub- (Mr. DAVIS), I sincerely applaud you as crease in your costs, and we can just licans and Democrats can come to- the chairman of the committee that think about the impact that a postal gether on a bill that they agree solves has drafted this in the first couple of rate increase has on the mail order a problem. months in the Congress. The gen- catalog businesses or on magazine busi- Mr. Speaker, that is what we have tleman from California (Mr. WAXMAN) nesses or so many businesses that rely here today. We have had anthrax in the has done the same thing. They have on the United States Postal Service to Postal Service, we have had the situa- come together in a committee that had conduct their business. tion of rate increases in the Postal historically a lot of contention. They If the 108th Congress does not act on Service, we have had the situation in have come together to move forward on this legislation, it will necessitate a the Postal Service where we are deal- something that is for the good of all of postal rate increase, and we will, in ef- ing with a down economy, but this is a the people of this great country, and so fect, be levying an unfair tax increase real shot in the arm for this organiza- I thank the gentleman from New York on the American consumer. tion. One, we are going to be able to (Mr. MCHUGH) for having planted the Passage of this bill would be very use the excess monies to go into fund- seed and kept the tree nurtured until much the first stage of substantial ing the operational aspects for fiscal the others could seize upon it. postal reform that will bring the serv- years 03, 04 and 05. The second thing we This is a red letter day for the people ice into the 21st century. I think it is are going to be able to do is to fix the of America, and I urge my colleagues important that this Congress dem- Civil Service Retirement System. And to support it unanimously. onstrate to the citizens of our Nation the third thing we are going to be able Mr. WAXMAN. Mr. Speaker, I thank that it will be committed to improving to do is to move the Postal Service the gentleman for his comments. I the cost-effectiveness and the effi- more towards a sound financial setting. thank everybody involved with this ciency certainly of government, and I have heard from the mail carriers, I legislation for their efforts. I think this legislation is an excellent first have heard from the postmasters, I this is a bill that we can all look at step in that direction. have heard from the newspaper organi- with pride. No other governmental entity serves zations and the magazine organiza- Mr. Speaker, we have no further re- its customers more directly than the tions. The one group that I have not quests for time on our side, so I yield Postal Service. Almost every citizen of heard from are the consumers of Amer- back the balance of my time. our Nation is impacted at varying de- ica, the individual people, because they Mr. TOM DAVIS of Virginia. Mr. grees by the Postal Service. Customer have not been aware that this problem Speaker, I have no other requests at service should not be a novel concept has been going forward. this time. I would urge adoption of this within the Federal Government. It So, Mr. Speaker, it is really an excit- measure. should be an operative phrase for us. ing day, truly an exciting day when Mr. UDALL of New Mexico. Mr. Speaker, I S. 380 will allow post offices to better people can come together in this Con- rise today in support of S. 380, the Postal Civil serve their customers and, by voting in gress, in this House, and solve prob- Service Retirement System Funding Reform favor of this legislation, Congress will lems. Act of 2003. This legislation provides financial be voting to fix a wrong that has ham- Now, having said that, I think we all relief to the Postal Service in a time of great pered the Postal Service for years. I have to recognize that this gives the need. By enacting this legislation, we will help certainly urge my colleagues to vote in Postal Service a couple additional the Postal Service carry out its stated mission favor of S. 380. years of opportunity to look at their of providing universal service—the idea that Mr. WAXMAN. Mr. Speaker, I reserve organization, to look at the things mail service in our rural areas should be as the balance of my time. they have to do, to make this a more speedy, efficient, and inexpensive as mail Mr. TOM DAVIS of Virginia. Mr. efficient, more effective service. It is service in our largest cities. In my district in Speaker, I yield 5 minutes to the gen- the largest single business in this coun- New Mexico where there are numerous rural tleman from South Dakota (Mr. try. There is no business bigger. We al- communities, this mission is especially impor- JANKLOW), former Governor. ways talk about the Fortune 500 or the tant. Additionally, by providing relief for the Mr. JANKLOW. Mr. Speaker, I thank top 100 or whatever. There is no busi- Postal Service, we can keep postal rates sta- the gentleman for yielding me this ness in this Nation that is as large as ble until 2006. time, and I thank the gentleman from the U.S. Postal Service in terms of its Mr. Speaker, I am pleased with the steps California (Mr. WAXMAN) and clearly economic impact, its economic might, this Congress has taken toward helping the

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\K08AP7.094 H08PT1 H2908 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Postal Service to carry out their vital services. Civil Service Retirement System that this legislation, I think we have to I thank my colleagues for showing their sup- has to pay for military benefits. move forward on what we can agree on port not only for the Postal Service and its I will not seek a vote on this amend- and follow the administration’s ap- many employees, but for all communities ment because, for reasons that I do not proach at this time. throughout the country. understand, the White House has sig- We will carefully consider the results Mr. TOM DAVIS of Virginia. Mr. naled that it would oppose this legisla- of the studies that we have mandated Speaker, I yield back the balance of tion if my amendment were included. in this bill. But still, I want to thank my time. Thus, the result of adopting the my colleague from California (Mr. The SPEAKER pro tempore (Mr. LIN- amendment would be to bring down a WAXMAN) for highlighting this impor- DER). All time having been yielded, it bill that has many other worthwhile tant issue. is now in order to consider Amendment components. Mr. Speaker, I yield 2 minutes to the No. 1 printed in the CONGRESSIONAL Instead of pursuing this amendment, gentleman from New York (Mr. RECORD by the gentleman from Cali- S. 380 contains language that we MCHUGH). fornia (Mr. WAXMAN). worked out with the gentleman from Mr. MCHUGH. Mr. Speaker, I thank AMENDMENT NO. 1 OFFERED BY MR. WAXMAN Virginia (Chairman DAVIS) that calls the gentleman for yielding me time. Mr. WAXMAN. Mr. Chairman, I offer for a study of whether the Department Let me express my appreciation, as an amendment. of the Treasury or the Postal Service well, to the ranking member, the gen- The CHAIRMAN. The Clerk will des- should be responsible for pension costs tleman from California (Mr. WAXMAN), ignate the amendment. associated with military service with for raising this issue. I think it is a The text of the amendment is as fol- reports to the Congress. I do not be- very appropriate question, and it needs lows: lieve this study language is as good as full and total debate, and also for hav- ing the diplomatic position of with- Amendment No. 1 offered by Mr. WAXMAN: my amendment, yet at least it pre- In section 8348(h)(1)(B)(i) of title 5, United serves this issue for further consider- drawing it because of the problems. States Code (as proposed to be amended by ation. And I am certainly one who would section 2(c) of the bill), strike ‘‘include’’ and Under the language of the study pro- support any measure that brings an insert ‘‘exclude’’. vision, the submission and evaluation added $18 billion or even more to the In section 8348(h)(1)(B)(ii) of title 5, United of the proposals regarding military postal service and all the good that States Code (as proposed to be amended by pension are timed to coincide with our that could accrue. But I think it is im- section 2(c) of the bill), strike ‘‘included review of the Postal Service’s proposed portant for the House to know as we shall not’’ and insert ‘‘excluded shall’’. use of the savings resulting from this set the stage here for future debate The SPEAKER pro tempore. Pursu- legislation. I hope that at that point in that, as the chairman said, the admin- ant to the order of the House of April time, we will reconsider our approach istration has serious concerns about 7, 2003, the gentleman from California toward military costs. this. And their argument is simply (Mr. WAXMAN) and a Member opposed that if we are going to use the FERS 1700 each will control 5 minutes. b model, which is indeed what applies The Chair recognizes the gentleman At the appropriate time, Mr. Speak- here and accrues the nearly over-$70 from California (Mr. WAXMAN). er, I will seek to withdraw this amend- billion in savings, that the FERS mod- Mr. WAXMAN. Mr. Speaker, I yield ment. eling should indeed be applied across myself such time as I may consume. Mr. Speaker, I reserve the balance of the board, which under FERS does re- Mr. Speaker, I support S. 380. The bill my time. quire military retirement to be paid by strengthens the Postal Service, lowers Mr. TOM DAVIS of Virginia. Mr. the agency instead of by the Federal their debt, and protects postal con- Speaker, I rise in opposition to the Treasury. sumers. The legislation, however, is amendment. I should note as well, whether or not not perfect. In particular, I do not be- Mr. Speaker, I yield myself such time we agree with them, the OPM has, in lieve that requiring the Postal Service as I may consume. meetings that all of us sat in on, our to pay the pension costs associated Mr. Speaker, as I stated before, I staffs, that if this provision were to be with the military service, the previous agree in principle with the concept be- included, they would strongly rec- military service of their employees, is hind the gentleman’s amendment. This ommend a veto which I think under- a good idea. bill, which adopts the administration’s scores again the gentleman from Cali- Under current law, the Department approach on the treatment of military fornia’s (Mr. WAXMAN) willingness to of the Treasury pays the costs of re- funding, would make the postal service deal with this particular issue of the tirement benefits related to military the only agency responsible for the funding question and then get on to the service for employees who are part of military costs of the CSRS retirees. I equally important debate with respect the Civil Service Retirement System. do not think it is right. I do not think to the military obligation. My amendment would maintain the it is fair to postal rate payers. Unlike Mr. Speaker, I want to thank again status quo, keeping the responsibility other agencies in government, this is the chairman and the ranking member for paying these costs with the Federal an enterprise fund that is paid for by for working this out. And certainly I Treasury where they have always been, the rate payers who should not have to am hopeful we can work with the ad- and where they belong. bear this burden. I think it puts strains ministration to try to bring about an In contrast, S. 380 shifts the burden on the post office that should not be agreement that accrues to the most of paying these costs from Treasury to there. possible good for the postal service and the Postal Service. The legislation The postal service’s mandate is to its customers. even has the effect of requiring the charge rate payers for its operating Mr. WAXMAN. Mr. Speaker, I yield 2 Postal Service to reimburse the Treas- and overhead expenses and to break minutes to the gentleman from Illinois ury for payments that have already even over time. While the postal serv- (Mr. DAVIS). been made. This shift will require the ice does pay for military benefits for Mr. DAVIS of Illinois. Mr. Speaker, I Postal Service to pay billions more its FERS employees, it has never been simply rise in support of the Waxman than it otherwise would have to pay. required to for its CSRS employees, amendment. But I also rise in support I believe it is wrong and unfair to re- and neither is any other agency in gov- of the agreement that the gentleman quire the Postal Service to shoulder ernment. from Virginia (Mr. TOM DAVIS) and the this burden. However, the administration is cat- gentleman from California (Mr. WAX- Many believe that the Postal Service egorically opposed to any treatment of MAN) have been able to arrive at. should run more like a private busi- military funding other than the FERS I think once again this is an indica- ness, yet no private business, including model that they propose. The bill’s tion of the manner in which the chair- the Postal Service’s competitors, is re- principle sponsor, the gentleman from man and ranking member of the Com- quired to pay benefits for military New York (Mr. MCHUGH), is going to mittee on Government Reform have service. S. 380 would also make the speak on this more fully in just a mo- been able to provide leadership that Postal Service the only entity in the ment. But with so much at stake in moves us from the discussion point to

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.030 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2909 the position of being able to actually Costello Honda Murtha Stark Tiberi Watt do something. And so I commend both Cox Hooley (OR) Musgrave Stearns Tierney Waxman Cramer Hostettler Myrick Stenholm Toomey Weiner of the gentlemen for their diplomacy, Crane Houghton Nadler Strickland Towns Weldon (FL) for their leadership, and for their legis- Crenshaw Hoyer Napolitano Sullivan Turner (OH) Weldon (PA) lative skill. Crowley Hulshof Neal (MA) Sweeney Turner (TX) Weller Tancredo Udall (CO) Mr. WAXMAN. Mr. Speaker, I yield Cubin Hunter Nethercutt Wexler Culberson Inslee Ney Tanner Udall (NM) Whitfield Tauscher Upton myself such time as I may consume. Cummings Isakson Northup Wicker Tauzin Van Hollen Mr. Speaker, I think we have made Cunningham Israel Norwood Wilson (NM) Davis (AL) Issa Nunes Taylor (MS) Velazquez our point on this amendment. We will Wilson (SC) Davis (CA) Istook Nussle Taylor (NC) Visclosky Wolf have this issue out there for further Davis (FL) Jackson (IL) Oberstar Terry Vitter Woolsey consideration at another time; but in Davis (IL) Jackson-Lee Obey Thomas Walden (OR) Wu the interest of moving this legislation Davis (TN) (TX) Olver Thompson (CA) Walsh Davis, Jo Ann Janklow Ortiz Thompson (MS) Wamp Wynn forward and getting a good bill enacted Davis, Tom Jefferson Osborne Thornberry Waters Young (AK) into law, I will withdraw my amend- Deal (GA) John Ose Tiahrt Watson Young (FL) ment. DeFazio Johnson (CT) Otter NOT VOTING—10 Mr. Speaker, I withdraw my amend- DeGette Johnson (IL) Owens Delahunt Johnson, E. B. Oxley Combest Jenkins Smith (MI) ment. DeLauro Johnson, Sam Pallone Gephardt Lucas (OK) Stupak The SPEAKER pro tempore (Mr. LIN- DeLay Jones (NC) Pascrell Gordon McCarthy (MO) DER). The amendment is withdrawn. DeMint Jones (OH) Pastor Hyde Payne Deutsch Kanjorski Paul ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Pursuant to the order of the House of Diaz-Balart, L. Kaptur Pearce April 7, 2003, the previous question is Diaz-Balart, M. Keller Pelosi The SPEAKER pro tempore (Mr. LIN- ordered on the Senate bill. Dicks Kelly Pence DER) (during the vote). There are 2 min- The question is on the third reading Dingell Kennedy (MN) Peterson (MN) utes left in this vote. Doggett Kennedy (RI) Peterson (PA) of the Senate bill. Dooley (CA) Kildee Petri The Senate bill was ordered to be Doolittle Kilpatrick Pickering b 1724 read a third time and was read the Doyle Kind Pitts So the Senate bill was passed. third time. Dreier King (IA) Platts Duncan King (NY) Pombo The result of the vote was announced The SPEAKER pro tempore. The Dunn Kingston Pomeroy as above recorded. question on the passage of the Senate Edwards Kirk Porter A motion to reconsider was laid on bill. Ehlers Kleczka Portman the table. Emanuel Kline Price (NC) The question was taken; and the Emerson Knollenberg Pryce (OH) The SPEAKER pro tempore. Pursu- Speaker pro tempore announced that Engel Kolbe Putnam ant to the order of the House of April the ayes appeared to have it. English Kucinich Quinn 7, H.R. 735 is laid on the table. Mr. TOM DAVIS of Virginia. Mr. Eshoo LaHood Radanovich Etheridge Lampson Rahall f Speaker, on that I demand the yeas Evans Langevin Ramstad and nays. Everett Lantos Rangel ANNOUNCEMENT BY THE SPEAKER The yeas and nays were ordered. Farr Larsen (WA) Regula PRO TEMPORE Fattah Larson (CT) Rehberg ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Feeney Latham Renzi The SPEAKER pro tempore. Pursu- The Chair announces that further Ferguson LaTourette Reyes ant to clause 8 of rule XX, proceedings Filner Leach Reynolds proceedings on motions to suspend the Flake Lee Rodriguez will resume on motions to suspend the rules and agree to House Resolution 170 Fletcher Levin Rogers (AL) rules previously postponed. Votes will and House Resolution 149, postponed Foley Lewis (CA) Rogers (KY) be taken in the following order: earlier today, will resume tomorrow. Forbes Lewis (GA) Rogers (MI) H.R. 205, by the yeas and nays; Ford Lewis (KY) Rohrabacher The SPEAKER pro tempore. The Fossella Linder Ros-Lehtinen H. Res. 179, by the yeas and nays; Chair announces that this vote will be Frank (MA) Lipinski Ross H.R. 1584, as amended, by the yeas followed by three 5-minute votes on the Franks (AZ) LoBiondo Rothman and nays. motion to suspend the rules related to Frelinghuysen Lofgren Roybal-Allard Frost Lowey Royce f H.R. 205, House Resolution 179, and Gallegly Lucas (KY) Ruppersberger H.R. 1584, as amended. Garrett (NJ) Lynch Rush NATIONAL SMALL BUSINESS REG- This is a 15-minute vote on passage of Gerlach Majette Ryan (OH) Gibbons Maloney Ryan (WI) ULATORY ASSISTANCE ACT OF S. 380. Gilchrest Manzullo Ryun (KS) 2003 The vote was taken by electronic de- Gillmor Markey Sabo The SPEAKER pro tempore. The vice, and there were—yeas 424, nays 0, Gingrey Marshall Sanchez, Linda Gonzalez Matheson T. pending business is the question of sus- not voting 10, as follows: Goode Matsui Sanchez, Loretta pending the rules and passing the bill, [Roll No. 115] Goodlatte McCarthy (NY) Sanders Goss McCollum Sandlin H.R. 205. YEAS—424 Granger McCotter Saxton The Clerk read the title of the bill. Abercrombie Bilirakis Burr Graves McCrery Schakowsky The SPEAKER pro tempore. The Ackerman Bishop (GA) Burton (IN) Green (TX) McDermott Schiff question is on the motion offered by Aderholt Bishop (NY) Buyer Green (WI) McGovern Schrock Akin Bishop (UT) Calvert Greenwood McHugh Scott (GA) the gentleman from Illinois (Mr. MAN- Alexander Blackburn Camp Grijalva McInnis Scott (VA) ZULLO) that the House suspend the Allen Blumenauer Cannon Gutierrez McIntyre Sensenbrenner rules and pass the bill, H.R. 205, on Andrews Blunt Cantor Gutknecht McKeon Serrano Baca Boehlert Capito Hall McNulty Sessions which the yeas and nays are ordered. Bachus Boehner Capps Harman Meehan Shadegg This will be a 5-minute vote. Baird Bonilla Capuano Harris Meek (FL) Shaw The vote was taken by electronic de- Baker Bonner Cardin Hart Meeks (NY) Shays vice, and there were—yeas 417, nays 4, Baldwin Bono Cardoza Hastings (FL) Menendez Sherman Ballance Boozman Carson (IN) Hastings (WA) Mica Sherwood not voting 13, as follows: Ballenger Boswell Carson (OK) Hayes Michaud Shimkus [Roll No. 116] Barrett (SC) Boucher Carter Hayworth Millender- Shuster Bartlett (MD) Boyd Case Hefley McDonald Simmons YEAS—417 Barton (TX) Bradley (NH) Castle Hensarling Miller (FL) Simpson Abercrombie Baker Bell Bass Brady (PA) Chabot Herger Miller (MI) Skelton Ackerman Baldwin Bereuter Beauprez Brady (TX) Chocola Hill Miller (NC) Slaughter Aderholt Ballance Berkley Becerra Brown (OH) Clay Hinchey Miller, Gary Smith (NJ) Akin Ballenger Berman Bell Brown (SC) Clyburn Hinojosa Miller, George Smith (TX) Alexander Barrett (SC) Berry Bereuter Brown, Corrine Coble Hobson Mollohan Smith (WA) Allen Bartlett (MD) Biggert Berkley Brown-Waite, Cole Hoeffel Moore Snyder Andrews Barton (TX) Bilirakis Berman Ginny Collins Hoekstra Moran (KS) Solis Baca Bass Bishop (GA) Berry Burgess Conyers Holden Moran (VA) Souder Bachus Beauprez Bishop (NY) Biggert Burns Cooper Holt Murphy Spratt Baird Becerra Bishop (UT)

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.100 H08PT1 H2910 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Blackburn Foley Lewis (KY) Roybal-Allard Slaughter Turner (TX) [Roll No. 117] Blumenauer Forbes Linder Royce Smith (MI) Udall (CO) Blunt Ford Lipinski Ruppersberger Smith (NJ) Udall (NM) YEAS—414 Boehlert Fossella LoBiondo Rush Smith (TX) Upton Abercrombie Delahunt Johnson (IL) Boehner Frank (MA) Lofgren Ryan (OH) Smith (WA) Van Hollen Ackerman DeLauro Johnson, Sam Bonilla Franks (AZ) Lowey Ryan (WI) Snyder Velazquez Aderholt DeLay Jones (NC) Bonner Frelinghuysen Lucas (KY) Ryun (KS) Solis Visclosky Akin DeMint Jones (OH) Bono Frost Lynch Sabo Souder Vitter Alexander Deutsch Kanjorski Boozman Gallegly Maloney Sanchez, Linda Spratt Walden (OR) Allen Diaz-Balart, L. Kaptur Boswell Garrett (NJ) Manzullo T. Stark Walsh Andrews Diaz-Balart, M. Keller Boucher Gephardt Markey Sanchez, Loretta Stearns Wamp Baca Dicks Kelly Boyd Gerlach Marshall Sanders Stenholm Waters Bachus Dingell Kennedy (MN) Bradley (NH) Gibbons Matheson Sandlin Strickland Watson Baird Doggett Kennedy (RI) Brady (PA) Gilchrest Matsui Saxton Sullivan Watt Baker Dooley (CA) Kildee Brady (TX) Gillmor McCarthy (NY) Schakowsky Sweeney Baldwin Doolittle Kind Brown (OH) Gingrey McCollum Schiff Tancredo Waxman Ballenger Doyle King (IA) Brown (SC) Gonzalez McCotter Schrock Tanner Weiner Barrett (SC) Dreier King (NY) Brown, Corrine Goode McCrery Scott (GA) Tauscher Weldon (FL) Bartlett (MD) Duncan Kingston Brown-Waite, Goodlatte McDermott Scott (VA) Tauzin Weldon (PA) Barton (TX) Dunn Kirk Ginny Goss McGovern Sensenbrenner Taylor (MS) Weller Bass Edwards Kleczka Burgess Granger McHugh Serrano Taylor (NC) Wexler Beauprez Ehlers Kline Burns Sessions Terry Whitfield Graves McInnis Becerra Emanuel Knollenberg Shadegg Thomas Wicker Burr Green (TX) McIntyre Bell Emerson Kolbe Burton (IN) Green (WI) McKeon Shaw Thompson (CA) Wilson (NM) Shays Thompson (MS) Bereuter Engel Kucinich Buyer Greenwood McNulty Wilson (SC) Berkley English LaHood Calvert Grijalva Meehan Sherman Thornberry Wolf Sherwood Berman Eshoo Lampson Camp Gutierrez Meek (FL) Tiahrt Woolsey Shimkus Tiberi Berry Etheridge Langevin Cannon Gutknecht Meeks (NY) Wu Shuster Tierney Biggert Evans Lantos Cantor Hall Menendez Wynn Simmons Toomey Bilirakis Everett Larsen (WA) Capito Harman Mica Young (AK) Bishop (GA) Farr Larson (CT) Capps Harris Michaud Simpson Towns Skelton Turner (OH) Young (FL) Bishop (NY) Fattah Latham Capuano Hastings (FL) Millender- Bishop (UT) Feeney LaTourette Cardin Hastings (WA) McDonald NAYS—4 Blackburn Ferguson Leach Cardoza Hayes Miller (FL) Blumenauer Filner Levin Carson (IN) Hayworth Miller (MI) Culberson Hostettler Flake Paul Blunt Flake Lewis (CA) Carson (OK) Hefley Miller (NC) Boehlert Fletcher Lewis (GA) Carter Hensarling Miller, Gary NOT VOTING—13 Boehner Foley Lewis (KY) Case Herger Miller, George Bonilla Forbes Linder Combest Johnson (CT) Payne Castle Hill Mollohan Bonner Ford Lipinski Gordon Lucas (OK) Chabot Hinchey Moore Radanovich Bono Fossella LoBiondo Hart Majette Chocola Hinojosa Moran (KS) Stupak Boozman Frank (MA) Lofgren Hyde McCarthy (MO) Clay Hobson Moran (VA) Boswell Franks (AZ) Lowey Jenkins Musgrave Clyburn Hoeffel Murphy Boucher Frelinghuysen Lucas (KY) Coble Hoekstra Murtha ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boyd Frost Lynch Cole Holden Myrick Bradley (NH) Gallegly Majette Collins Holt Nadler The SPEAKER pro tempore (Mr. LIN- Brady (PA) Garrett (NJ) Maloney Conyers Honda Napolitano DER) (during the reading). There are 2 Brady (TX) Gephardt Manzullo Cooper Hooley (OR) Neal (MA) minutes remaining in this vote. Brown (OH) Gerlach Markey Costello Houghton Nethercutt Brown (SC) Gibbons Marshall Cox Hoyer Ney b 1732 Brown, Corrine Gilchrest Matheson Cramer Hulshof Northup Brown-Waite, Gillmor Matsui Crane Hunter Norwood So (two-thirds having voted in favor Ginny Gingrey McCarthy (NY) Crenshaw Inslee Nunes thereof) the rules were suspended and Burgess Gonzalez McCollum Crowley Isakson Nussle the bill was passed. Burns Goode McCotter Cubin Israel Oberstar Burr Goodlatte McCrery Cummings Issa Obey The result of the vote was announced Burton (IN) Goss McDermott Cunningham Istook Olver as above recorded. Buyer Granger McGovern Davis (AL) Jackson (IL) Ortiz A motion to reconsider was laid on Calvert Graves McHugh Davis (CA) Jackson-Lee Osborne the table. Camp Green (TX) McInnis Davis (FL) (TX) Ose Cannon Green (WI) McIntyre Davis (IL) Janklow Otter Stated for: Cantor Greenwood McKeon Davis (TN) Jefferson Owens Ms. HART. Mr. Speaker, on rollcall No. 116 Capito Grijalva McNulty Davis, Jo Ann John Oxley I was unavoidably detained. Had I been Capps Gutierrez Meehan Davis, Tom Johnson (IL) Pallone Capuano Gutknecht Meek (FL) Deal (GA) Johnson, E. B. Pascrell present, I would have voted ‘‘yea.’’ Cardin Hall Meeks (NY) DeFazio Johnson, Sam Pastor Ms. MAJETTE. Mr. Speaker, on rollcall No. Cardoza Harman Menendez DeGette Jones (NC) Pearce 116 I was unavoidably detained. Had I been Carson (IN) Harris Mica Delahunt Jones (OH) Pelosi present, I would have voted ‘‘yea.’’ Carson (OK) Hart Michaud DeLauro Kanjorski Pence Carter Hastings (FL) Millender- DeLay Kaptur Peterson (MN) f Case Hastings (WA) McDonald DeMint Keller Peterson (PA) Castle Hayes Miller (FL) Deutsch Kelly Petri SENSE OF HOUSE REGARDING Chabot Hayworth Miller (MI) Diaz-Balart, L. Kennedy (MN) Pickering SYSTEMATIC HUMAN RIGHTS Chocola Hefley Miller (NC) Diaz-Balart, M. Kennedy (RI) Pitts VIOLATIONS IN CUBA COM- Clay Hensarling Miller, Gary Dicks Kildee Platts MITTED BY CASTRO REGIME Clyburn Herger Miller, George Dingell Kilpatrick Pombo Coble Hill Mollohan Doggett Kind Pomeroy The SPEAKER pro tempore. The Cole Hinchey Moore Dooley (CA) King (IA) Porter pending business is the question of sus- Collins Hinojosa Moran (KS) Doolittle King (NY) Portman Cooper Hobson Moran (VA) Doyle Kingston Price (NC) pending the rules and agreeing to the Costello Hoeffel Murphy Dreier Kirk Pryce (OH) resolution, H. Res. 179. Cox Hoekstra Murtha Duncan Kleczka Putnam The Clerk read the title of the resolu- Cramer Holden Musgrave Dunn Kline Quinn Crane Holt Myrick Edwards Knollenberg Rahall tion. Crenshaw Honda Nadler Ehlers Kolbe Ramstad The SPEAKER pro tempore. The Crowley Hooley (OR) Napolitano Emanuel Kucinich Rangel question is on the motion offered by Cubin Hostettler Neal (MA) Emerson LaHood Regula the gentlewoman from Florida (Ms. Culberson Houghton Nethercutt Engel Lampson Rehberg Cummings Hoyer Ney English Langevin Renzi ROS-LEHTINEN) that the House suspend Cunningham Hulshof Northup Eshoo Lantos Reyes the rules and agree to the resolution, Davis (AL) Hunter Norwood Etheridge Larsen (WA) Reynolds H. Res. 179, on which the yeas and nays Davis (CA) Inslee Nunes Evans Larson (CT) Rodriguez Davis (FL) Isakson Nussle Everett Latham Rogers (AL) are ordered. Davis (IL) Israel Oberstar Farr LaTourette Rogers (KY) This will be a 5-minute vote. Davis (TN) Issa Obey Fattah Leach Rogers (MI) The vote was taken by electronic de- Davis, Jo Ann Istook Olver Feeney Lee Rohrabacher vice, and there were—yeas 414, nays 0, Davis, Tom Janklow Ortiz Ferguson Levin Ros-Lehtinen Deal (GA) Jefferson Osborne Filner Lewis (CA) Ross answered ‘‘present’’ 11, not voting 9, as DeFazio John Ose Fletcher Lewis (GA) Rothman follows: DeGette Johnson (CT) Otter

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.040 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2911 Owens Ryun (KS) Tauscher The vote was taken by electronic de- Myrick Rogers (KY) Strickland Oxley Sabo Tauzin vice, and there were—yeas 419, nays 2, Nadler Rogers (MI) Sullivan Pallone Sanchez, Linda Taylor (MS) Napolitano Rohrabacher Sweeney Pascrell T. Taylor (NC) answered ‘‘present’’ 1, not voting 12, as Neal (MA) Ros-Lehtinen Tancredo Pastor Sanchez, Loretta Terry follows: Nethercutt Ross Tanner Pearce Sanders Thomas Ney Rothman Tauscher [Roll No. 118] Pelosi Sandlin Thompson (CA) Northup Roybal-Allard Tauzin Pence Saxton Thompson (MS) YEAS—419 Norwood Royce Taylor (MS) Peterson (MN) Schakowsky Thornberry Nunes Ruppersberger Taylor (NC) Abercrombie Davis, Jo Ann Isakson Peterson (PA) Schiff Tiahrt Nussle Rush Terry Ackerman Davis, Tom Israel Petri Schrock Tiberi Oberstar Ryan (OH) Thomas Pickering Scott (GA) Tierney Aderholt Deal (GA) Issa Obey Ryan (WI) Akin DeFazio Istook Thompson (CA) Pitts Scott (VA) Toomey Olver Ryun (KS) Thompson (MS) Platts Sensenbrenner Towns Alexander DeGette Jackson (IL) Ortiz Sabo Allen Delahunt Jackson-Lee Thornberry Pombo Serrano Turner (OH) Osborne Sanchez, Linda Tiahrt Pomeroy Sessions Turner (TX) Andrews DeLauro (TX) Ose T. Tiberi Porter Shadegg Udall (CO) Baca DeMint Janklow Otter Sanchez, Loretta Tierney Portman Shaw Udall (NM) Bachus Deutsch Jefferson Owens Sanders Toomey Price (NC) Shays Upton Baird Diaz-Balart, L. John Oxley Sandlin Towns Pryce (OH) Sherman Van Hollen Baker Diaz-Balart, M. Johnson (CT) Pallone Saxton Turner (OH) Putnam Sherwood Velazquez Baldwin Dicks Johnson (IL) Pascrell Schakowsky Quinn Shimkus Visclosky Ballance Dingell Johnson, E. B. Pastor Schiff Turner (TX) Radanovich Shuster Vitter Ballenger Doggett Johnson, Sam Pearce Schrock Udall (CO) Rahall Simmons Walden (OR) Barrett (SC) Dooley (CA) Jones (NC) Pelosi Scott (GA) Udall (NM) Ramstad Simpson Walsh Bartlett (MD) Doolittle Jones (OH) Pence Scott (VA) Upton Rangel Skelton Wamp Barton (TX) Doyle Kanjorski Peterson (MN) Sensenbrenner Van Hollen Regula Slaughter Watson Bass Dreier Kaptur Peterson (PA) Serrano Velazquez Rehberg Smith (MI) Watt Beauprez Duncan Keller Petri Sessions Visclosky Renzi Smith (NJ) Waxman Becerra Dunn Kelly Pickering Shadegg Vitter Reyes Smith (TX) Weiner Bell Edwards Kennedy (MN) Pitts Shaw Walden (OR) Reynolds Smith (WA) Weldon (FL) Bereuter Ehlers Kennedy (RI) Platts Shays Walsh Rodriguez Snyder Weldon (PA) Berkley Emanuel Kildee Pombo Sherman Wamp Rogers (AL) Solis Weller Berman Emerson Kilpatrick Pomeroy Sherwood Watson Rogers (KY) Souder Wexler Berry Engel Kind Porter Shimkus Watt Rogers (MI) Spratt Whitfield Biggert English King (IA) Portman Shuster Waxman Rohrabacher Stark Wicker Bilirakis Eshoo King (NY) Price (NC) Simmons Weiner Ros-Lehtinen Stearns Wilson (NM) Bishop (GA) Etheridge Kingston Pryce (OH) Simpson Weldon (FL) Ross Stenholm Wilson (SC) Bishop (NY) Evans Kirk Putnam Skelton Weldon (PA) Roybal-Allard Strickland Wolf Bishop (UT) Everett Kleczka Quinn Slaughter Weller Royce Sullivan Woolsey Blackburn Farr Kline Radanovich Smith (MI) Wexler Ruppersberger Sweeney Wu Blumenauer Fattah Knollenberg Rahall Smith (NJ) Whitfield Ryan (OH) Tancredo Young (AK) Blunt Feeney Kolbe Ramstad Smith (TX) Wicker Ryan (WI) Tanner Young (FL) Boehlert Ferguson Kucinich Rangel Smith (WA) Wilson (NM) Boehner Filner LaHood Regula Snyder Wilson (SC) ANSWERED ‘‘PRESENT’’—11 Bonilla Fletcher Lampson Rehberg Solis Wolf Ballance Johnson, E. B. Waters Bonner Foley Langevin Renzi Souder Woolsey Bono Forbes Lantos Conyers Kilpatrick Wynn Reyes Spratt Wu Jackson (IL) Lee Boozman Ford Larsen (WA) Reynolds Stark Wynn Jackson-Lee Paul Boswell Fossella Larson (CT) Rodriguez Stearns Young (AK) (TX) Rush Boucher Frank (MA) Latham Rogers (AL) Stenholm Young (FL) Boyd Franks (AZ) LaTourette NOT VOTING—9 Bradley (NH) Frelinghuysen Leach NAYS—2 Brady (PA) Frost Lee Combest Jenkins Payne Flake Paul Brady (TX) Gallegly Levin Gordon Lucas (OK) Rothman Brown (OH) Garrett (NJ) Lewis (GA) Hyde McCarthy (MO) Stupak ANSWERED ‘‘PRESENT’’—1 Brown (SC) Gephardt Lewis (KY) Waters ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown, Corrine Gerlach Linder Burgess Gibbons Lipinski NOT VOTING—12 The SPEAKER pro tempore (during Burns Gilchrest LoBiondo the vote). There are 2 minutes remain- Burr Gillmor Lofgren Brown-Waite, Hyde Meehan ing in this vote. Burton (IN) Gingrey Lowey Ginny Jenkins Payne Buyer Gonzalez Lucas (KY) Combest Lewis (CA) Stupak b 1740 Calvert Goode Lynch DeLay Lucas (OK) Camp Goodlatte Majette Gordon McCarthy (MO) MITH Cannon Goss Maloney Mr. S of Michigan changed his ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vote from ‘‘nay’’ to ‘‘yea.’’ Cantor Granger Manzullo Capito Graves Markey The SPEAKER pro tempore (Mr. Mr. JACKSON of Illinois and Mr. RUSH Capps Green (TX) Marshall QUINN) (during the vote). Members changed their vote from ‘‘yea’’ to Capuano Green (WI) Matheson have 2 minutes to cast their votes. ‘‘present.’’ Cardin Greenwood Matsui So (two-thirds having voted in favor Cardoza Grijalva McCarthy (NY) Carson (IN) Gutierrez McCollum b 1749 thereof) the rules were suspended and Carson (OK) Gutknecht McCotter So (two-thirds having voted in favor the resolution was agreed to. Carter Hall McCrery The result of the vote was announced Case Harman McDermott thereof) the rules were suspended and Castle Harris McGovern the bill, as amended, was passed. as above recorded. Chabot Hart McHugh A motion to reconsider was laid on The result of the vote was announced Chocola Hastings (FL) McInnis as above recorded. the table. Clay Hastings (WA) McIntyre Clyburn Hayes McKeon A motion to reconsider was laid on f Coble Hayworth McNulty the table. Cole Hefley Meek (FL) CLEAN DIAMOND TRADE ACT Collins Hensarling Meeks (NY) f The SPEAKER pro tempore. The Conyers Herger Menendez Cooper Hill Mica REAPPOINTMENT AS MEMBER TO pending business is the question of sus- Costello Hinchey Michaud pending the rules and passing the bill, Cox Hinojosa Millender- COORDINATING COUNCIL ON JU- H.R. 1584, as amended. Cramer Hobson McDonald VENILE JUSTICE AND DELIN- Crane Hoeffel Miller (FL) QUENCY PREVENTION The Clerk read the title of the bill. Crenshaw Hoekstra Miller (MI) The SPEAKER pro tempore. The Crowley Holden Miller (NC) The SPEAKER pro tempore (Mr. question is on the motion offered by Cubin Holt Miller, Gary QUINN). Pursuant to section 206 of the Culberson Honda Miller, George the gentleman from Illinois (Mr. Cummings Hooley (OR) Mollohan Juvenile Justice and Delinquency Pre- CRANE) that the House suspend the Cunningham Hostettler Moore vention Act of 1974 (42 U.S.C. 5616), and rules and pass the bill, H.R. 1584, as Davis (AL) Houghton Moran (KS) the order of the House of January 8, amended, on which the yeas and nays Davis (CA) Hoyer Moran (VA) 2003, the Chair announces the Speak- Davis (FL) Hulshof Murphy are ordered. Davis (IL) Hunter Murtha er’s reappointment of the following This is a 5-minute vote. Davis (TN) Inslee Musgrave member on the part of the House to the

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.037 H08PT1 H2912 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Coordinating Council on Juvenile Jus- tation Company. The 319th, part of the around the globe. Because of them and tice and Delinquency Prevention for a larger 375th Transportation Group out others serving in the war today, loy- 3-year term: of Mobile, Alabama, is an Army Re- alty, duty, honor, and personal courage Mr. Michael J. Mahoney of Chicago, serve unit based in my hometown of are not words relegated to the history Illinois. Augusta, Georgia. books, but instead living and shining The 319th has a proud history. During f examples for all of us on the battle- the Vietnam War, the 319th Transpor- fields of Iraq. HAITIAN TELEVISION NETWORK tation Company logged over a million Lastly, Mr. Speaker, it is because of DEBUTS miles, delivered over 92,000 tons to the them that the battle cry in our Na- (Mr. MEEK of Florida asked and was battlefield, and was ambushed by the tion’s war against terrorism is particu- given permission to address the House enemy on seven separate occasions. larly meaningful today in the deserts for 1 minute and to revise and extend Today, for the Reservists serving in of Iraq. So finally I say to the 319th, his remarks.) the 319th, the voyage from Wrightsboro keep up the good work and ‘‘Let’s Mr. MEEK of Florida. Mr. Speaker, I Road Reserve Center in Augusta to the roll.’’ war zone of Iraq began this past Janu- rise today to bring attention to Mem- f bers and to our Nation of an important ary with a short trip to nearby Ft. point in television history that took Stewart for specialized training. Then b 1800 place on Friday, March 28, 2003. The in mid-February, the 319th Transpor- NATIONAL RAIL INFRASTRUCTURE Haitian Television Network of America tation Company, along with the unit PROGRAM commander, Captain Mohandas Martin, went on the air in Miami, Florida. The The SPEAKER pro tempore (Mr. Haitian Television Network is the first deployed to northern Kuwait where they received their assignment, to sup- BURGESS). Under a previous order of Creole and French language 24-hour-a- the House, the gentleman from Illinois day station in the Nation. We were port the more than 50,000 Marines in the 1st Marine Expeditionary Force. (Mr. LIPINSKI) is recognized for 5 min- very proud, based on the fact that it is utes. in Miami. When Saddam Hussein thumbed his nose for the last time and the war Mr. LIPINSKI. Mr. Speaker, freight After years of programming on public transportation is a vital and growing access stations on cable, the president began in Iraq roughly 3 weeks ago now, the 319th began the next phase of their industry in the United States. Rail is of the station, Claude Mancuso, has the most prudent way of expanding the succeeded in his vision of reaching a voyage, going into the deserts of Iraq, delivering by truck the critically im- capacity to accommodate growth in broader audience. Mr. Mancuso has freight traffic, allowing for congestion also worked within the Haitian com- portant fuel to the Marines advancing to Baghdad and Saddam Hussein’s final relief on our roadways, cost benefits to munity in providing Haitian program- shippers, and improving our air qual- ming. This is very important to our day of reckoning. Their mission is an unheralded one; ity. However, our Nation’s aging and Haitian-Americans, that their Haitian but as we have all realized on the congested infrastructure does not ade- culture, religion and history is daily round-the-clock cable news broadcasts, quately support the rail needs of today. programmed throughout south Florida it is the success of the supply units Across the country from Los Angeles and throughout the Nation. News, traveling the roads of Iraq, like the to Chicago to New York City, the sports, movies, sitcoms and documen- 319th, that have been vital in the early movement of freight is being stalled tary programs for children are going to success of our coalition forces and will and delayed by a variety of bottle- be able to help our Nation grow and un- ensure our ultimate victory. necks. For example, every day 37,500 derstand one another. The Haitian- As I said, Mr. Speaker, theirs is an freight cars travel through Chicago at American population is estimated na- unheralded mission, but also one that a snail’s pace of 7 to 12 miles per hour. tionally at over 2 million, with over puts the members of the 319th at great Added on top of that, 700 commuter 700,000 Haitian-Americans residing in risk and peril. In their first week oper- and Amtrak trains. Today it takes 2 the State of Florida, with 500,000 in ating in Iraq, the 319th headed out days to move rail shipments through south Florida. I commend the Haitian from their base of Camp Viper in Iraq Chicago. Television Network for achieving its for a multiday mission to deliver fuel It is clear that capacity constraints goal of being able to be a 24-hour sta- near the front lines. According to the and congestion thrive within our rail tion and look forward to many years of reports, while on their journey, vehi- system and the situation is quickly programming. cles of the company came under heavy worsening. The Chicago Area Transpor- f enemy fire more than once in their am- tation Study predicts that freight car traffic through the Chicagoland area SPECIAL ORDERS bush attempts. Thanks in large part to the efforts of the Marines, the 319th will increase nearly 79 percent in less The SPEAKER pro tempore. Under continues to supply, the attacks were than two decades. But this is not just the Speaker’s announced policy of Jan- thwarted, and all members of the 319th the Chicago problem. A recent report uary 7, 2003, and under a previous order Transportation Company returned from the American Association of of the House, the following Members safely to regroup and prepare for the State Highway and Transportation Of- will be recognized for 5 minutes each. next mission and the next journey to ficials states that growth in domestic f the front lines of war. and international freight tonnage is ex- Mr. Speaker, to the people of the pected to grow 67 percent by the year COMMENDING ARMY RESERVE’S Ninth Congressional District of Geor- 2020. The result will mean a shift of 900 319TH TRANSPORTATION COMPANY gia, my constituents, the soldiers of million tons of freight onto our inter- The SPEAKER pro tempore. Under a the 319th Transportation Company rep- state system, adding a $21 billion need previous order of the House, the gen- resent different things: a good neighbor to highway costs in the next 17 years. tleman from Georgia (Mr. NORWOOD) is who lives down the street, a close rel- In an economy where just-in-time de- recognized for 5 minutes. ative or spouse that is sorely missed at livery demands are the norm, slow Mr. NORWOOD. Mr. Speaker, our Na- home, or even a mother or father to a cross-country freight movement re- tion is at war. Thousands of the fight- child that misses a parent and needs sults in economic losses that are felt ing men and women of our Armed them back. It is true the soldiers of the throughout the United States of Amer- Forces are serving on the battlefields 319th Transportation Company are all ica. Our communities also suffer. Traf- of Iraq, defending freedom, liberating different, but they are all the same in fic tie-ups and idling trains affect the the Iraqi people, and making our world one simple and very important way, quality of life of many of our constitu- a safer place to live. Today I rise to they are all heroes. ents. recognize and commend all of these Because of them, these same Marines The status quo must not continue. As courageous service personnel, but wish moved closer to finally ending Saddam Daniel Burnham, the famous Chicago- to pay particular tribute to the brave Hussein’s horrific reign of terror and based architect and city planner, en- soldiers serving in the 319th Transpor- ability to aid and assist terrorists couraged us to ‘‘make no small plans,’’

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.111 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2913 we need to make big plans to address It is time that we recognize the serv- ference committee because the White these tremendous capital needs. In ice of these people to our country and House is objecting that there is too order to sufficiently fund our country’s the fact that they need a little bit of much money in the bill to help the air- freight rail infrastructure needs, the help in their time of need. The Con- lines now that we have added a little Federal Government should create a gress rushed through a $15 billion air- bit of money to directly help the work- new significant and dedicated stream line bailout shortly after 9/11 to try to ers. We will all be watching to see what of funds for rail projects. Just as we help keep the industry in the air when comes in that final conference report, have a Highway Trust Fund and an people were afraid to fly. And that bail- and we will know who killed the assist- Aviation Trust Fund, the legislation I out provided more funds in one day ance to workers if it is stripped out of introduced last week, H.R. 1617, would than the entire deregulated industry the bill. create a National Rail Infrastructure has made in its entire history. Its en- After this overwhelming vote here Program. tire 26-year history was eclipsed, their and the overwhelming vote in the Sen- As in all things here in Washington, profits, by that one bill. ate, let the majority work its will and the big question on everyone’s mind is But the bill glaringly omitted any as- let us help these workers and their where can we get the funds to support sistance directly to workers and it families. these needs? H.R. 1617 would fund these meaninglessly pretended to limit the f improvements through various funding salaries of CEOs. I have seen the re- AUTISM AND VACCINATIONS streams including a reallocation of the sults of the meaningless limits adopted The SPEAKER pro tempore. Under a 4.3 cents per gallon diesel-fuel tax that by that legislation 2 years ago, or 18 previous order of the House, the gen- railroads currently pay into the gen- months ago, in bailing out the airlines tleman from Indiana (Mr. BURTON) is eral revenue fund. I believe that put- with the huge compensation packages and salaries and specially protected re- recognized for 5 minutes. ting these funds into a rail infrastruc- Mr. BURTON of Indiana. Mr. Speak- tirement that is being made available ture program that would benefit the er, on a regular basis I come down here to the executives. It is defended. They public is the only logical thing to do. and talk about children who are autis- said how could we get execs to work The total revenue stream in my legis- tic and the reasons for it. We have been here if we did not pay them these out- lation would amount to about $3 billion receiving letters from across the coun- per year. rageous salaries and if we did not to- try from literally hundreds and prob- There are some who may disagree tally protect their retirement? Guess ably thousands of parents who have au- with such a proposal; however, it would what? All of the line workers, all the tistic children, and they do not know be a serious mistake to ignore our flight attendants, all the pilots, all the what to do about it, and all of them be- country’s growing rail infrastructure mechanics, all the gate agents, all the lieve their children were damaged by needs and the gridlock that will result ticket agents, none of those people the mercury that is in vaccines. It has if we fail to expand our freight rail ca- have specially protected pensions, and been in children’s vaccines for a long, pacity. So let us heed Daniel yet there has not been support from long time. Burnham’s remarks. Let us think big the industry or from this administra- Children get between 25 and 30 vac- and make some big plans to address the tion or from the majority in this House cinations before they go to school, and growing national problem facing our of Representatives to help those dis- up until just recently almost all of rail system. I hope my colleagues will tressed workers. them contained thimerosal which was join the 25 bipartisan co-sponsors and And finally today, in one of those op- 50 percent mercury. We all know mer- me and support H.R. 1617, the National portunities that rarely comes, a week cury is toxic to the brain, and yet they Rail Infrastructure Program. ago when we were taking up the sup- had it as a preservative in vaccines. Remember, this Nation is great be- plemental bill I tried to offer an And our children, in my opinion, and cause we dare to dream great dreams. amendment to help the workers; in scientists and doctors from across the Please support this bill because this fact, a Republican Member had gone globe and here in the States believe bill can do what we need to be done for earlier to a press conference with me that mercury in the vaccines was one freight movement in this Nation. and others to announce the legislation, of the major causes. and I asked him if he would go to the f Here on this easel I have pictures of Committee on Rules and ask to have it The SPEAKER pro tempore. Under a probably 50 or 60 or 70 kids who were made in order during the bill, and he damaged by the mercury in the vac- previous order of the House, the gen- said absolutely. Guess what? He did not cines, and I have letters that I read tleman from North Carolina (Mr. show up. He did not show up because he every night. We have a system here JONES) is recognized for 5 minutes. was intimidated by the Republican called the Vaccine Injury Compensa- (Mr. JONES of North Carolina ad- leadership. tion Fund that is supposed to take care dressed the House. His remarks will ap- I came to the floor and offered that of these children if they are damaged pear hereafter in the Extensions of Re- amendment, but the Republicans by vaccines. It has $1.8 billion in it. It marks.) struck it down on a procedural techni- is supposed to protect the pharma- f cality. They said we cannot take up a ceutical companies from lawsuits, and bill here to help the workers. We will FINANCIAL ASSISTANCE TO yet these parents of these kids have get to it soon. Just like the 18 months AIRLINE WORKERS had a very difficult time getting satis- we had promised previously, soon. Soon faction and restitution from that fund, The SPEAKER pro tempore. Under a when? and many of them, because there was a previous order of the House, the gen- Today, because we had one oppor- 3-year statute of limitations, could not tleman from Oregon (Mr. DEFAZIO) is tunity, which was a motion to instruct, even get in the fund. recognized for 5 minutes. usually a technical sort of thing in the The reason I bring this up right now Mr. DEFAZIO. Mr. Speaker, today, fi- House of Representative, we focused in is because we are in the process of nally, 18 months after it was promised, on assistance to workers that has been working on legislation that would deal the United States House of Representa- long overdue; and when forced to vote, with this problem, that would help tives voted overwhelmingly, almost 2 we find that nearly two-thirds of the these kids who missed the opportunity to 1 when finally forced, to provide United States House of Representatives by getting in that 3-year window of op- some financial assistance to the 150,000 supports that, but their leadership and portunity to be put in the program so airline workers who have lost their the White House leadership has been that their case could be reviewed on a jobs as a result of 9/11 and the horren- preventing us from taking that step. case-by-case basis by the special mas- dous recession in the United States. It Congratulations to the House for ter. These families are spending hun- is expected that as many as another that vote today and shame on the lead- dreds of thousands of dollars, they are 70,000 will lose their jobs because of the ership and shame on the leadership going bankrupt, selling their homes, slowdown in travel due to the war in downtown that did not allow that vote, borrowing money, doing everything to Iraq and even more probably with the and shame on them if they find some help their children, and there is no- threat of SARS and other problems. way to try to kill this in the con- where for them to turn. We need to

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.113 H08PT1 H2914 CONGRESSIONAL RECORD — HOUSE April 8, 2003 make sure that they have access to terest. I commend him for the work antagonistic diplomacy that makes de- this fund for which it was created and that he is doing on it. mands of our allies, but does not listen not have to go to courts to have class I came in close contact with children to them. We could fail if we embrace action lawsuits. And that is what we who were autistic when I started in the unilateralism and abandon our tradi- are working on with the other body and Head Start program. tional reliance on multinational ac- the majority leader in the other body tion. We could fail if we allow the re- b 1815 to get done. ality or even the appearance of an I want to read just a couple of letters Prior to the Head Start program, we American military colonial govern- that come from these people who have had children who were autistic and had ment in Iraq. no place to turn. Here is a letter that other kinds of deficiencies that never To meet these challenges and best came from a Marcy Kelly from Mullica got discovered, and that is one reason I serve American national interests, as Hill, New Jersey, and she writes: love the Head Start program so very, well as the best interests of the citi- ‘‘My son turned 4 in October, 2002, very much. But the most interesting zens of Iraq, I suggest eight steps: and was diagnosed with autism after a and the most challenging and the most First, the State Department, not the long history of medical problems that undertold story was the story of chil- Defense Department, must be in charge began at 2 months, within 1 week of his dren with autism. of American policy after the military first series of thimerosal-containing I join the gentleman in his efforts victory. vaccines. His immune system, weak- and will do everything that I can to Second, whenever and wherever pos- ened to where he couldn’t handle vi- bring attention and resources to help sible, we must internationalize the sta- ruses (resulting in recurring ear infec- these families of children who have au- bilization and reconstruction oper- tions and RSV), he had reflux, terrible tism. ations and not try to do it all our- allergies and eczema, and a reaction to Mr. BURTON of Indiana. Mr. Speak- selves. his MMR shot that is documented to er, reclaiming my time, we will con- Third, American troops in the field have caused vomiting nightly for 6 tact the gentlewoman on that legisla- will be needed to keep the peace, but months post vaccination and 2 years of tion. We will be down here every night we should move quickly to spread the diarrhea. Medical tests show toxic lev- that is available to talk about this burden of peacekeeping by giving els of metals, reduced glutathione, issue. I thank the gentlewoman. NATO the task. NATO is a robust mili- malabsorption, maldigestion, severe al- f tary alliance that defeated one tyrant lergies, and liver problems, all common in Kosovo and surely could keep order COMMUNICATION FROM THE HON- in those poisoned by mercury. He re- in a post-Saddam Iraq. ORABLE NANCY PELOSI, DEMO- gressed into autism between 18 and 24 Fourth, emergency relief authority CRATIC LEADER months.’’ As a father and grandfather, must begin with the State Department you understand the heartbreak that I The SPEAKER pro tempore (Mr. and USAID, but there is no better chief felt. BURGESS) laid before the House the fol- administrator for the humanitarian This is a picture of him. lowing communication from NANCY challenges than the United Nations. Its ‘‘We have spent well over $100,000 in PELOSI, Democratic Leader: vast resources, experience and exper- the last 2 years, mostly on medical vis- HOUSE OF REPRESENTATIVES, tise are unparalleled. its, tests, and therapies. Our insurance OFFICE OF THE DEMOCRATIC LEADER, Fifth, we must engage expert multi- company, Aetna US Healthcare, April 8, 2003. lateral organizations like the United stopped paying for these funds.’’ So Hon. J. DENNIS HASTERT, Nations, the International Monetary they have noplace to go. Speaker, House of Representatives, Fund, and the World Bank in the re- And she ends up by saying, ‘‘I under- Washington, DC. construction of Iraq’s infrastructure. A DEAR MR. SPEAKER: Pursuant to (40 U.S.C. debt restructuring is needed to deal stand that you intend to take our sto- 188a), I hereby appoint Rep. Chaka Fattah as ries before Congress, not individually a member of the United States Capitol Pres- with Iraq’s financial burden of $383 bil- but as a group. If you could take a sin- ervation Commission for the 108th Congress. lion including foreign debt, compensa- gle child (or family with more than one Best Regards, tion claims, and pending contracts. child on the spectrum) and pile up all NANCY PELOSI. Sixth, we should convene a donor’s of the medical and therapy bills, ADA f conference soon after the military vic- drill books and materials, and supple- tory. Funds will be needed right away WILL WE WIN THE PEACE? ments used to help them heal from the for quick start reconstruction projects. effects of vaccines, it would be quite The SPEAKER pro tempore. Under a This could provide a funding oppor- mountainous and tell a story as well. previous order of the House, the gen- tunity for the Arab League. God be with you and with other politi- tleman from Pennsylvania (Mr. Seven, Iraqis must establish corrup- cians as they vote on matters relating HOEFFEL) is recognized for 5 minutes. tion-free control over their own oil. We to autism. In the quiet of night, if poli- Mr. HOEFFEL. Mr. Speaker, due to should advocate for a transparent and ticians would ask themselves the ques- the bravery and the magnificent per- reformed industry that accounts for oil tion ‘what is right?’ the answer in their formance of American troops, our revenues and devotes profits to rebuild- hearts would be to help their children Armed Forces will soon win a resound- ing the country. and their families.’’ ing victory over Saddam Hussein, dis- Eight, we should urge the United Na- We have the ability to do that, and arming him and eliminating the threat tions to sponsor a conference on the we must do something and we must do of his regime. Now that we are on the formation and direction of a transi- it very soon, because these families are verge of winning the war, we must now tional Iraqi-based government. Iraqi suffering; and we have to be very dili- turn our attention to winning the provisional leaders, internal Saddam gent to make sure the other body does peace. opponents, exiles and the international not put some language in the bill that The morning after our military vic- community should be brought together would be like what was in the home- tory over Saddam, we will wake up to to establish a stable representative land security bill which protected four challenges in Iraq: peacekeeping, government of Iraqis. pharmaceutical companies but not the humanitarian relief, reconstruction, We must seize this opportunity to children. and governance. How we face those stabilize and unify Iraq and dem- I yield to the gentlewoman from challenges will determine whether we onstrate to the entire world our com- California. win the peace, win the battle for the mitment to democratic values, per- Ms. WATERS. Mr. Speaker, I thank hearts and minds of the people of Iraq, sonal liberties, and social justice. That the gentleman so very much. I caught enhance our status in the Muslim is how we win the peace in Iraq. his presentation on the screen as I was world, and maintain our credibility as f going through the cloakroom, and I the leader of free and democratic na- The SPEAKER pro tempore. Under a cannot tell him how proud I am of him tions. previous order of the House, the gen- for dealing with this issue of autism I fear we could fail to meet those tleman from Indiana (Mr. PENCE) is and children. I commend him for his in- challenges if we pursue an aggressive, recognized for 5 minutes.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.116 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2915 (Mr. PENCE addressed the House. His fect is that Americans pay that much England, are going into Canada and remarks will appear hereafter in the more for the same drug. saying if you sell pharmaceutical drugs Extensions of Remarks.) Look at another drug, a drug made in the United States for the price that f by a German company called Bayer. We you are paying in Canada, which is usually call it Bayer, Bayer Aspirin. The SPEAKER pro tempore. Under a about one-fourth or one-half of what Cipro became real popular last year previous order of the House, the gentle- they are here, we are going to cut you when we had anthrax here in these woman from the Virgin Islands (Mrs. off. They are doing that in a bullying buildings, because it is one of the most way. CHRISTENSEN) is recognized for 5 min- effective drugs for things like anthrax. utes. I do not think pharmaceutical com- But Cipro in the United States sells for (Mrs. CHRISTENSEN addressed the panies should say to a country, you an average of $87.99 for a month’s sup- House. Her remarks will appear here- cannot sell those drugs in the United ply. In Canada it sells for $55.53 cents, after in the Extensions of Remarks.) States because it is the same product and in Europe, in Germany, where they that in America we are paying two or f make it, they sell it for $40.75. three times for it. It makes no sense to REDUCING THE COST OF The list goes on. Let me talk about a me. PRESCRIPTION DRUGS drug called Coumadin. My 85-year-old Mr. GUTKNECHT. Mr. Speaker, re- father takes Coumadin. Fortunately, claiming my time, the gentleman is ab- The SPEAKER pro tempore. Under a because he worked for a union all of his solutely right. What is being done by previous order of the House, the gen- life, worked as a union worker all of some of the big pharmaceutical compa- tleman from Minnesota (Mr. GUT- his life, under his contract he has pre- nies is nothing short of shameful. I also KNECHT) is recognized for 5 minutes. scription drug coverage, so it does not say shame on us. Mr. GUTKNECHT. Mr. Speaker, a cost him $64.88, which is what it costs I said the other day that Teddy Roo- couple of weeks ago I came to the well the average American consumer in the sevelt must be rolling in his grave, the of the House, and I said that the FDA United States if they do not have pre- Republican President who believed in had declared war on American con- scription drug coverage; $64.88 in the breaking up the trusts, in enforcing sumers. Now the battle is joined. United States, $24.94 in Canada, and competition, because he understood, as Mr. Speaker, I want to share a bro- only $15.80 in Europe. President Reagan understood, that chure, a little brochure that my staff The list goes on. This is reflective, markets are more powerful than ar- and I have put together. On the cover and it goes on and on and on. mies. it says, ‘‘If we want to allow Americans Down here, I put a famous quote by Mr. Speaker, it is time for this Con- to keep and spend over $600 billion dur- one of my favorite Presidents, Presi- gress to live up to its responsibilities. ing the next 10 years, here is a good dent Ronald Reagan. He said, ‘‘Markets It is time for Congress to allow Ameri- place to start.’’ Then at the bottom are more powerful than armies.’’ At cans to have access to world-class you have a picture of some pharma- the end of the day, you cannot hold drugs at world-market prices. ceutical capsules. markets back; but unfortunately, that f Then if you open the brochure, the is what is happening in the United second page says, ‘‘That is right. Ac- States. REMOVAL OF NAME OF MEMBER cording to the CBO,’’ that is congres- Now, I have no qualms with the big AS COSPONSOR OF H.R. 1036 sional language for the Congressional pharmaceutical industry in the sense Mr. FLAKE. Mr. Speaker, I ask unan- Budget Office, they are our official that they ought to be able to sell their imous consent to have my name re- bean counters, ‘‘According to the CBO, drugs for what they want to sell them moved as a cosponsor of H.R. 1036. American seniors will spend over $1.8 for. But they should not be allowed to The SPEAKER pro tempore. Is there trillion.’’ By ‘‘seniors’’ they mean only hide behind the FDA to do it. So I do objection to the request of the gen- those people who are 65 years of age or not say shame on them as much as I tleman from Arizona? older. So over the next 10 years, the say shame on us. It is we the Congress, There was no objection. CBO tells us that seniors alone will we the policymakers here in the United f spend over $1.8 trillion on prescription States that have allowed these dispari- WINNING THE ECONOMIC WAR AT drugs. ties to happen. HOME Now, a conservative estimate, not Finally, we are having a big debate done by me, but by experts who are a right now about tax cuts, how much The SPEAKER pro tempore. Under a whole lot smarter than I am, a conserv- should we give in tax cuts. Is it going previous order of the House, the gentle- ative estimate would be that we can to be $625 billion or $535 billion or $375 woman from Ohio (Ms. KAPTUR) is rec- save 35 percent by allowing free mar- billion? ognized for 5 minutes. kets to work. Again, I am not particu- Tax cuts are great, particularly at a Ms. KAPTUR. Mr. Speaker, there are larly good at math, but 35 percent time when the economy is soft. But if two major stories in the news. There is times $1.8 trillion works out to $630 bil- we really want to help seniors, if we one that we see daily, and that is the lion. want to lower prescription drug prices story of the war in Iraq. The other Here we have a chart. This is the lat- and allow Americans to keep and spend story we hear little about, and that is est chart. I have actually had in the $630 billion of their money over the the economic war right here at home. last 4 years four different charts. I do next 10 years, let us open markets now. Last month the Pentagon announced not use my own numbers, although we Finally, it just says simply Ameri- we will be sending another 100,000 have actually done our own research to cans deserve world-class drugs at troops to Iraq, and our hearts are with confirm that these are very accurate in world-class prices. All we are asking them. They are putting their lives at terms of the average prices that Ameri- for is open markets. All we want is risk for us. They deserve our support. cans pay, and these are some of the what German pharmacists have the But last week the Associated Press re- most commonly prescribed drugs in the right to do, and that is buy drugs ported that an even greater number of United States. where they can get them the cheapest. people, 108,000, lost their jobs, as U.S. Let us start right at the top, a drug Mr. Speaker, I would like to yield to companies dealt with the battered called Augmentin. Here in the United one of my heroes. The gentleman from economy right here at home. These States, according to the Life Extension Indiana (Mr. BURTON) held a hearing Americans also work every day to sup- Foundation that has been doing re- last week, and it was one of the best port the ideals of our Nation and the search on this for more than a decade, hearings I have ever participated in. work ethic. They deserve our support. the average price for a 30-day supply in Mr. BURTON of Indiana. Mr. Speak- It is also ironic to note that prior to the United States is $55.50. That same er, I think the gentleman covered the the Pentagon’s recent deployment, drug sells in Canada for about $12, and issue very well. there were already 300,000 troops in the it sells in Europe for an average price I just wanted to make one comment, vicinity of Iraq. In February, according of only $8.75. There are differences in and that is that some of the pharma- to the Associated Press, businesses the value of currency, but the net ef- ceutical companies, like SmithKline of here at home shed almost as many

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.119 H08PT1 H2916 CONGRESSIONAL RECORD — HOUSE April 8, 2003 jobs, 357,000 more than previously re- communities that are suffering here at Mr. Speaker, where is the help of the ported; and yet this morning, President home. Our State is over $4 billion in Federal Government for Edmonds to Bush announced his opposition to the debt. Our mayor, he is broke. It just deal with terrorism training, for unemployment extension that we at- seems to me that our news ought to Bothell to deal with gas masks, for tempted to get here today in the budg- talk a little bit about what is hap- Mountlake Terrace to deal with over- et resolution, calling it ‘‘objection- pening here at home. time, for Edmonds for their HAZMAT able’’ in the statement of administra- Mr. Speaker, it is time the second training? Where is the help for our cit- tion policy. war that we are in on our home soil ies that the Federal Government We are hearing lots of plans about gets equal attention in the media. should be giving to these local commu- aid to flow to the Iraqi people, includ- f nities? It is not getting done. The rea- ing food and medicine. This is aid that son it is not getting done is that this FEDERAL GOVERNMENT IS FAIL- must be provided. But while the United Chamber and the other Chamber are ING IN ITS DUTIES TO LOCAL States Army also takes on the role of not passing the appropriations that COMMUNITIES TO PROVIDE humanitarian assistance in a military should be passed to help these local FUNDING FOR HOMELAND SECU- zone, the Salvation Army here at home communities. RITY is facing a swelling need for services Now, on this floor last week, we in and a downturn in donations that have The SPEAKER pro tempore (Mr. the minority party made an effort to led to an unprecedented lack of food for BURGESS). Under a previous order of increase the appropriation and supple- people in our own economic war zone. the House, the gentleman from Wash- mental budget to get help to Edmonds, The Salvation Army in my own ington (Mr. INSLEE) is recognized for 5 to Mountlake Terrace, to Bothell so hometown has seen a 42 percent in- minutes. that they can prepare an adequate crease in requests for assistance just Mr. INSLEE. Mr. Speaker, the United homeland security response. And we this year. At the start of the fiscal States Government is still not doing wanted to boost, by $2.5 billion, help year last October, our Women, Infants its job on homeland security. It is fail- for our first responders, for our police and Children food program reported the ing in a very, very elementary manner. and fire departments. But unfortu- highest level of participants ever; and The way it is failing is that it is failing nately, the majority party stymied nationally we have the highest number to give the tools that our local commu- that and would not support these in- of participants in the last 5 years. nities need to prepare an adequate creases in our plans to deal with home- Just since January 2001, America has homeland security plan and procedures land security. lost nearly 2 million more jobs. In To- in our towns and in our cities. I think it is important to point out ledo, my hometown, military spouses It is very sad to say that where the the reason for that. The reason that are showing up at the Women, Infants rubber meets the road on homeland se- this bill did not pass to help these local and Children feeding offices because curity, and that is in our cities and communities is that the majority their husbands have been called up for towns, this administration and the ma- party thought it was more important active duty, cutting the income of fam- jority party in this Congress are not to give the folks at Enron tax breaks in ilies by drastic amounts. giving our cities and towns the tools their multibillion-dollar tax package they need to do the job. The sad fact is, b 1830 than it was to give the city of Edmonds the Federal Government is not cutting help for gas masks, the city of Bothell The Cleveland Plain Dealer last the mustard when it comes to helping help for overtime for their police de- month told us, at a pantry in Colum- our cities and towns prepare their po- partments. bus’s west side, a 67-year-old retiree lice departments for terrorism, prepare We believe in the Democratic Party gets groceries to help feed a daughter their fire departments for terrorism, it is more important to help these local and a granddaughter who moved in prepare their emergency response plans communities deal with the threat of with him last year. He remembers rel- for terrorism. The job is simply not terrorism as a first job before giving atives telling of bread lines during the getting done. these tax cuts, a predominant amount Great Depression. He never imagined Now, we had a little bit of good news of which goes to the wealthiest Ameri- he would see himself in one, let alone today out in the State of Washington. cans in the country. We believe that, wait in one. The city of Seattle will be receiving because the city of Edmonds has a job There is no doubt that the United about $11 million to help with some of to do for the people they represent, and States is the freest and most bountiful their plans. But unfortunately, all of that is to do an adequate job to get Nation on earth. That is why people the cities and towns around Seattle are ready for potential terrorism. The city want to come here. But do we not owe not getting help from the Federal Gov- of Bothell has that responsibility. The as much to hardworking Americans as ernment, and they need it. city of Mountlake Terrace has that re- we do to war-torn Iraqis? Do we not I will give an example. The town of sponsibility. We are going to continue need to build our economic might here Bothell, Washington has and will spend working on this until we get this job at home as much as our military might over $200,000 this year on their home- done, because Americans are entitled abroad? Do we not need to plan as land security plans to deal with ter- to know their local communities have much for our economic-torn economy rorism, from buying gas masks to responded with as much vigor as we are as much as we do the Iraqi war-torn training for their personnel. Over seeing in Iraq from our very, very economy? Do we not need a coalition of $200,000, Mr. Speaker, and no help from proud, honest, and effective military allies with labor and management for the Federal Government. The city of personnel today serving in Iraq. job creation and economic improve- Monroe will spend over $45,000. The Mr. Speaker, I hope that folks will ment as much as we need a coalition of city of Monroe is not the largest city join us in this effort, because our local military forces in the Gulf? If we can in the whole country. They are not get- communities need the help of the Fed- provide money to airlines who are ting help from the Federal Govern- eral Government. claiming they are being hurt by the ment. Mountlake Terrace, a small war, should we not also provide an ad- town in my district, they are spending f ditional 26 weeks of unemployment $2,400 on gas masks, just one little tiny IMPORTANT TOPICS FOR benefits to airline workers who are the element for their expenditures, to- DISCUSSION real victims of the slowdown? gether with overtime for their officers, Military war, of necessity, is receiv- no help from the Federal Government. The SPEAKER pro tempore. Under a ing most of our attention of late, but The city of Edmonds is spending previous order of the House, the gentle- how about the enemy within? The eco- $145,000 for homeland security, a sig- woman from Texas (Ms. JACKSON-LEE) nomic war here at home? It seems to nificant figure for overtime, for train- is recognized for 5 minutes. me that the weapons of war may be ing of their personnel, and over $30,000 HONORING OFFICER CHARLES CLARK, A more visible when they are used, but of training of their fire department for DEDICATED PUBLIC SERVANT the damage of an economic war is just hazardous materials training, no help Ms. JACKSON-LEE of Texas. Mr. as real for individuals and families and from the Federal Government. Speaker, many times we come, sadly,

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.122 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2917 to the floor of the House to acknowl- debt, but that does not deal with the sulting from the misuse of their prod- edge a valiant citizen of our commu- human failure or the human need, and ucts by others, which was referred to nity. All of us have been giving our that is those who are not working be- the House Calendar and ordered to be praise and our commitment to the val- cause of where we find ourselves. printed. iant troops who are now representing So to the appropriators who may be f us, and we wish them well, we wish listening to the sound of our voices: We them a safe return, we wish for them have been trying to do this since 9/11, HONORING STUDENT the resources that they need to finish and it has gotten worse. Let us do DEMONSTRATORS the job and to return to their families. something that is gratifying in helping The SPEAKER pro tempore. Under a But in our own communities we have our fellow Americans. previous order of the House, the gen- valiant individuals who offer their THE AFTERMATH OF WAR tleman from Illinois (Mr. DAVIS) is rec- lives so that we might be safe. Ms. JACKSON-LEE of Texas. Let me ognized for 5 minutes. Today in Houston, Texas we laid to simply close by saying that as we wish Mr. DAVIS of Illinois. Mr. Speaker, rest Charles Clark, Officer Charles well for our troops, we have something democracy is the cornerstone of our Clark, an individual who was selfless in to deal with: the aftermath of war, Mr. government. True democracy allows his commitment to our community, a Speaker. I intend to engage in a vig- room for dissent, discussion, and dem- onstration. member of the Houston Police Depart- orous discussion so that we as Ameri- ment who lost his life tragically in a cans can pull together, so that the b 1845 brutal robbery that also saw the loss of aftermath of this war can be one of rec- Last week, students from around the Alfredia Jones, the mother of two chil- onciliation, working with our world al- country arrived in our Nation’s capital dren. lies. to demonstrate in support of affirma- Officer Clark was born and raised in I will be dropping legislation that tive action in higher education. They the community which he served: South deals with the putting back together of actively participated in a peaceful way Park, Texas. Married for 24 years, with this Nation, but also putting back to- in our democracy. And I am sure that a lovely wife by the name of Hilda, and gether the world feelings, relation- the founders of this Nation must have he was almost about to see 20 years of ships. I hope that we will work with been as proud of them as I am of the service with the Houston Police depart- NATO and the United Nations in a students who participated. ment. He was known as the consum- working group, if you will, scenario Students marched, sang songs, mate police officer. He loved his job. where we work together with the prayed, and urged the Supreme Court We are told that he wanted to serve in United States involved and all of those to allow schools like the University of the South Park community, where he who are with us or against us, because, Michigan to continue the practice of did not live, because he had been born Mr. Speaker, that is the right thing to allowing diversity in higher education. and raised there. The tragedy of his do. We must ensure that we reignite The students realize that in spite of death is that he was rushing to the the war against terrorism where all of the progress made over the last 40 scene to help this young mother, a us were working together. We must re- years, minorities, women and people young mother who was working to sup- insure that we work on the Mideast with disabilities, still face major bar- port her children at a cash-checking peace process, giving humanitarian aid, riers in education, business, and em- place, when three or more brutal indi- rebuilding families, helping schools ployment. They also realize that the viduals who could find nothing in their and hospitals being built, as well as prerequisite for change is struggle, and life to do but to kill two innocent recognizing the needs in this Nation. that without struggle there is indeed human beings on that day. We cannot do it unless we do it to- no progress. Mr. Speaker, we ask the question: gether. Many people dismiss students be- Can we do better as Americans? I will be looking forward to dropping cause they are generally perceived as I believe this valiant soul should be that legislation and having my col- not actively engaged in the political laid to rest with our respect and admi- leagues go forward and not go back- process. In addition, others suggest ration, Mr. Speaker. So I come to the wards. that they are unwilling to sacrifice and floor today to pay tribute to Officer Mr. Speaker, also, we will be looking do the things necessary for group lib- Charles Clark, to tell him that may he to give a briefing or to present a brief- eration. The enlightened students I en- rest in peace and may he be considered ing with several of the caucuses in this countered at the Supreme Court rep- forever and ever in the annals of the Congress to deal with the aftermath of resented America at its best. They rep- history of the Houston Police Depart- war, the plight of the children. We have resented America and its great diver- ment, our dear friend. I thank him for not looked to the damage and the dan- sity. his service. May he rest with the an- ger of children, not only of those in Their message was clear, strong, and gels. Iraq, but the children of our soldiers. compelling. It was a message that af- HELPING FELLOW AMERICANS What has been the damage? What can firmative action is a powerful, proven, Ms. JACKSON-LEE of Texas. Mr. we do to assist or to help their lives be and effective tool for removing the Speaker, I would like to turn to an- better? remnants of prejudice and bias. It was other subject, and that is a cry that So I hope this Congress will join to- a message that affirmative action cap- has been amongst us for a long time, gether in a bipartisan manner, Mr. italizes on the strength of our diversity and that is helping fellow Americans. Speaker, to address the questions of and opens the doors for opportunities. I Just recently we provided a bailout for the aftermath of war. Peace still is a am proud of the students who sac- our airlines. I am gratified that today possibility, that we may live in peace rificed their sleep, their classroom we enthusiastically, although I wish it in this world. work, to brave the cold weather and had been unanimous, voted to instruct f proclaim that affirmative action is rel- the conferees to assist the airline em- evant and needed in higher education. ployees. These are our neighbors, hard- REPORT ON RESOLUTION PRO- They realized that education is the working neighbors who have been laid VIDING FOR CONSIDERATION OF great equalizer. It is the ladder to suc- off because of the tragedy of 9/11 and H.R. 1036, PROTECTION OF LAW- cess. the war. I hope that the conferees will FUL COMMERCE IN ARMS ACT The thousands of students who dem- not ignore helping fellow Americans by Mr. SESSIONS, from the Committee on onstrated came by train, car, bus and providing them with the 26 weeks of ex- Rules, submitted a privileged report many on foot. The impressive gath- tended pay. These are mothers and fa- (Rept. No. 108–64) on the resolution (H. ering of college and high school stu- thers, sisters and brothers, some of Res. 181) providing for consideration of dents was reminiscent of some of the them single parents who are supporting the bill (H.R. 1036) to prohibit civil li- activities done to achieve fairness and their children, some of them going to ability actions from being brought or equalities throughout the 1960’s. Of school and, frankly, they are suffering. continued against manufacturers, dis- course, the challenge for all of us now We can bail out the airlines, we can tributors, dealers, or importers of fire- is to keep the momentum and the pres- cause them to pay off some of their arms or ammunition for damages re- sure on.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.124 H08PT1 H2918 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Again, I commend the students for may be measured in feet. Really, few the millions. Once they start these standing for something as important as areas of the North American continent trails, they will use them for a couple equal opportunity to higher education. boast such natural beauty and such a of weeks, and then they think that we I commend them for their efforts and great amount of diversity. Yet, cutting put sensors on them, and sometimes we remind them that the struggle must across that landscape is one huge prob- do, the Border Patrol puts a sensor on continue. lem. there, so therefore what will happen is f The entire region is getting ham- they will move over a little bit. mered by wave after wave after wave of When you fly over this area, you look STRENGTHENING AMERICAN BOR- illegal border crossers, by horse, by down and it looks like cobwebs that DERS AGAINST ILLEGAL IMMI- foot, by bicycle, motorcycle, all-ter- spread out from a particular area com- GRATION rain vehicles, cars, trucks, even ing across the border, but it is really The SPEAKER pro tempore (Mr. utralight gliders. They stream across just the number of people that have PORTER). Under the Speaker’s an- the border every day and every night. come across by foot, by horse, even, as nounced policy of January 7, 2003, the They dump tons of trash and human I say, bicycles sometimes, and often gentleman from Colorado (Mr. feces in places that are set aside for times by cars. Vehicles will be driving TANCREDO) is recognized for 60 minutes their scenic beauty. They blaze hun- along a highway that is adjacent to a as the designee of the majority leader. dreds of new roads and trails through national park or some sort of protected Mr. TANCREDO. Mr. Speaker, I come fragile desert soils. They ruin habitats site, we will say a national forest, and to the floor tonight to discuss the issue for endangered species and they start at some point in time they just decide of immigration and immigration re- forest fires that consume hundreds of this is it, and they will peel right off of form. It is a topic that I often take this thousands of acres of forest and brush. the highway and start right through floor in order to advance, and I have When I was visiting the Coronado Na- the forest. And so as you drive along over the last several weeks chosen to tional Forest not too long ago, I left that road, it may be a blacktop road, separate the topic up into various com- there on a Sunday morning and a fire as you drive along you can see on both ponent parts. And we talked about im- started by an illegal alien campsite had sides where people have simply driven migration reform and how much it was been left unattended after starting a off the road into the desert and, of needed because of the dangerous situa- warming fire in the evening, and then course, are trying to take people into tions that exist on our borders. That they walk on, and they leave the fire this country and drugs into this coun- was the first week. often times burning, it caught the rest try illegally, and they have caused We talked about, the next week, I of the brush on fire, and before I got enormous damage to that environment. tried to address the issue of immigra- back to Denver on the plane, before I They leave cars. Again, once they tion and open borders and what that got back to Denver, it had consumed abandon the vehicle, once they take meant to the importation of drugs into 35,000 acres in the Coronado National the drugs that they were carrying in or the country and the impact that that is Forest. We did not hear much about the people that they are carrying in having on our land. that. Even if we did, we probably only and move them to a driven form of Today I am going to talk about an- heard about the fire, but no one wanted transportation, they usually abandon other aspect of this subject that is sel- to talk about how it started because the vehicle. So if you fly over this area dom discussed. It is one that a lot of this is a delicate subject. This is be- you will see literally hundreds and people do not want to really focus on cause people get very antsy, even here hundreds of abandoned vehicles in the because they are not sure how to deal in this body, when we start talking desert rotting away. They leave with it. I think specifically of the peo- about immigration and the impact of clothes. They leave trash, water bot- ple in, say, the Sierra Club, Friends of illegal immigration especially on the tles like this in areas sometimes that the Earth, and a variety of other envi- Nation. encompass 50 or 60 acres and are knee- ronmental organizations that are out The reason why I have divided this deep in trash. These are called pick-up there and that focus in on matters that subject up into various component sites. These sites are areas where peo- harm the environment; and they have parts is because it is an enormous sub- ple will come to on foot. They will constantly come to us, come to this ject. It has enormous, massive implica- come across the border on foot into the body in the form of lobbying activity tions, immigration, that is, for our Na- United States, and then they have been to tell us that we have to do more to tion. I have often said that it will de- told where they should gather. And it protect the land and the environment, termine not just what kind of a Nation is often on private land. It is often, the water, the air, because of what man we will be in the future, that is divided however, in the middle of a national is doing to it. And yet there is almost and balkanized, it will determine park or a national forest area. They a deafening silence, if you will, from whether or not we will be a Nation at gather and they wait to be picked up to the same people, the same organiza- all. And there are, as I say, implica- be taken into the interior of the United tions, when it comes to the degrada- tions of massive immigration into this States. tion of the land that is as a result of country which are absolutely incred- Sometimes these groups will be as the massive numbers of people coming ible and need to be talked about, need large as several hundred. And over the across our borders illegally, the mil- to be debated, even if it makes people course of about a month, many thou- lions of people that are crossing these uncomfortable. And certainly this is sands will have gathered in one place, borders. one part of it. This is just one part. waiting for their transportation into There is a great quote from a gen- That is the environment. the United States. And they are told by tleman who is the program manager of Mr. Speaker, I have been down to the the people who bring them here, and something called the National Parks border several times. I have been both often times we refer to these people as Conservation Association. His name is to the northern and southern borders of ‘‘coyotes,’’ these are people paid by Randall Rasmussen. Mr. Rasmussen the country. And the sites that I see Mexican immigrants, primarily Mexi- said, ‘‘Organ Pipe National Monument are sites I wish many of my colleagues cans, but certainly not entirely by is becoming Organ Pipe National Ca- here on the floor would also see. Sites Mexicans, paid by the immigrant com- tastrophe.’’ I call it the Organ Pipe like this on Department of Interior ing into the country, the illegal, some- Cactus National Dump. wildland where new trails, abandoned times $1,500, sometimes if the case is I have been down there several times vehicles, trash, and human waste are more difficult it gets more expensive, in Arizona. Of course, that part of the strewn. These are trails that you see where in fact we have cases today country is beautiful. Arizona has a 372- all over that particular part of coun- where we are looking very carefully at mile border with Mexico and it ranges try. Trails like this. When you look on people coming into the country from from very sandy deserts and lava flows a trail map, by the way, there is no places like Iraq and Iran and all over in the West, where you get about 3 or trail there on the map, because these the Middle East. These folks have to 4 inches of rainfall in a wet year, to are not official trails. These are all pay upwards of $30,000 to have to be oak-dotted grasslands and mountain- made by people walking through by the smuggled into the United States. So it top forests in the East, where snowfall hundreds, by the thousands; in fact, by has become a very big business.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.126 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2919 Once they get them into these pick- sphere reserve El Pinacate and Arizo- This particular site, this is a meth up sites they tell them you have to dis- na’s adjoining Organ Pipe Cactus Na- lab that is being cleaned up in a na- card everything you have got, every- tional Monument. tional park. People have to come in thing you have been carrying, all the Last year, officials caught 200,000 mi- there with hazmat suits. It is a very, water bottles, all the trash, the food, grants coming through Organ Pipe. Re- very dangerous area; and for every the clothes, discard everything because member, we get one in five. That is a pound of methamphetamine, there are we have to pack you into, well, they do conservative estimate. I think it is 6 or 7 pounds of this material that is not tell them why, they just tell them closer to one in 10 we actually will try left, and it is a very dangerous sub- that they have to discard everything. to interdict; 200,000 were caught in stance. It has to be treated like this, as Then they pack them so tight into the Organ Pipe last year; 700,000 pounds of I say, hazmat suits and very, very care- backs of cars and trucks and trailers drugs were confiscated in Organ Pipe fully. and vans that many suffocate on the last year. The drug smugglers will use natural way up. But what they do, of course, is The drug runners use every imag- caverns and/or tunnels, caves to de- to make room for more people. That is inable form of transportation: cars, posit this stuff. So we have got kids, why they tell them everything has to trucks, ATVs. When they are chased, we have got hikers, bikers, we have got be abandoned here. they throw these spikes out behind people coming in walking through the When you walk through these pick- them, so that the border patrol, who- national parks, legitimately walking up sites you will see literally tons and ever may be chasing them, have their through, legitimately trying to enjoy tons and tons of trash. You will be own tires blown out. This is something, the scenery and will go down into these overcome sometimes by the smell be- of course, that our border police and caverns and into these various caves cause, of course, this is also a place law enforcement agencies use them- and come in contact with this material where people deposit their own human selves, the spikes to stop people who and become quite ill. waste. And so the feces by thousands of are chasing. In this case, the tres- The fact is that the animal life in people in this area, this is certainly passers, the people carrying either in- most of our national parks have been not a pleasant topic, I assure you, but dividuals or drugs, throw out these damaged by so many people coming it also is not just unpleasant from an spikes to stop the people from chasing through. This is a pristine environment olfactory sense, it does not just smell them. with a lot of people coming across the Again, cars that are abandoned all bad; when it does get a little bit of rain deserts. We find that some of the mi- over the forest, these kinds of roads into this area, that is washed into gration patterns for some of these ani- that have been cut into the forest. Ruts some of the water supplies. We have mals are disrupted. They are kept of- that have been created by so many cars had ranches down there where farm tentimes away from water because that coming across this area; this will not animals and ranch animals have is where these pick-up sites are. So stopped drinking in the wells. They go away for hundreds of years. They cut down some of the cactus some, like the Sonoran pronged horn, have essentially been ruined by this which is an endangered species, is be- kind of activity. It does seep, of course, that actually grows in this area, I mean, actually Organ Pipe Cactus Na- coming even more endangered as a re- into the ground, then, after it has been sult of this kind of activity in their en- washed down into this arroyos. This is tional Monument, that is why they call it that, that is why the park is there vironment. Take this cactus. As I said not the kind of area, this is not the earlier, these are unique in the world, kind of land where that kind of waste because it does not grow anywhere else. This is a unique form of cactus. this kind of cactus, organ pipes. We can can be disposed of easily. see here the graffiti that they have The rest of this stays in place. The They are cut down and saguaro cactus are cut down and laid across the roads carved into it. Border Patrol is not going to pick it This goes on and on, and yet nothing up. The ranchers try to pick it up be- as obstacles so people when they will be driving along the road they stop, is really said about this. Nothing is cause it becomes very dangerous, but done about this part of it. It is fas- they can spend their entire day, week, their cars are carjacked. They are taken and used to transport drugs and/ cinating to me, we actually send bil- month, year, picking up trash on their lions of dollars around the world to land. Their cattle eat this trash, espe- or illegals and then abandoned all over the area. Third World countries, Mr. Speaker. cially that black plastic that most of We hear the discussion on the floor of us have seen and we certainly use our- Meth labs, this is another interesting one. This is mostly on the northern the House. I hear it in the Committee selves. It is strewn all over the desert on Resources. and the cattle will eat that and die. We border, but not exclusive to the north- ern border. We spend billions of taxpayers dollars have had thousands of head of cattle in Third World countries because we here that eat this trash and that die as In Canada, there is a group in Cal- gary, about 25,000 actually; about 25,000 say in these countries we have to do a result of it. These are just, as I say, something to help them create an eco- some of the environmental problems Muslims reside in the Calgary, Canada area. Strange as that may sound to nomic environment where they will that you have when you have got lit- stop degrading their own environment, erally hundreds of thousands, in fact, some, that is the case. There are really several hundred thousand Muslims in where they will stop destroying the millions of people coming across this forests, where they will stop cutting land. Canada. They have been immigrating down old-growth forests, where they We have had archeological areas, to Canada for the last several years. will stop polluting because they are areas of great archeological value de- This one group in Calgary, according to doing it because they are a Third World stroyed. In Pinacate, which is also a the folks I talked to that work security country, they are very poor; and so we national park, the Mexican soldiers de- for the national parks and the national have to come in there and try to help stroyed some of the archeological forests, are telling me that this group them. areas, including one with a 100,000- is the one that is primarily responsible We go to Africa. We spend billions of year-old drawing on the wall. This was for the importation into the United dollars in Africa and in Latin America according to the Pinacate Park Direc- States of millions and millions and trying to get them to change their tor, Carlos Castillo. millions of tabs that are the compo- economy, trying to do something to In addition, the Mexican Army has nent parts for methamphetamine. They get them to stop doing what they are dug deep trenches to destroy 19 clan- are shipped from Calgary into the doing to their land, and we do this with destine airstrips which mar hundreds United States. They are cooked at great relish, and we do it in this way of acres of volcanic desert that took 4 these meth labs that are out there in that makes us think and feel good that million years to form. the national parks and then the pro- ceeds from the sale of these meth- we have taken care of our land. We b 1900 amphetamine go back up to the organi- know how to deal with our problems. These soldiers’ markings could last zation in Canada, the Muslim group in We know how to deal with the environ- for another 100 years. Canada; and they use that money to ment in the United States. We have Few parks really have taken a great- support the terrorist activities all over passed law after law after law. We have er toll than the U.N.-designated bio- the world. slapped people into chains and sent

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.128 H08PT1 H2920 CONGRESSIONAL RECORD — HOUSE April 8, 2003 them off to jail. We have fined compa- The crossers, the horses and their vehi- Just considering the environmental nies billions of dollars. We will pick a cles, have also gone right through that damage alone, we can wonder why person up in certain States and arrest same plot. those dedicated to the protection of the them for littering. I mean, we have got The tiny cacti ‘‘don’t have any legs. land and its resources have never inter- signs along the highway that says no They can’t get up and move,’’ Coronado vened forcefully in any way. For exam- littering. We do a lot of stuff in the national forest spokesman Gail ple, the County of Santa Barbara, Cali- United States, but we completely ig- Aschenbrenner said. At Leslie Canyon fornia, where lawyers representing en- nore these particular phenomena in our Wildlife Refuge near Douglas, areas vironmental groups are ever ready to own country. thick with a particular kind of water go to court on behalf of possible dam- We have National Geographic spe- umbel, an endangered plant, had been age to oaks, endangered species, habi- cials, we see them all the time on tele- trampled to death by illegal immi- tat or wetlands, if they are disturbed in vision. They are documentaries talking grants waiting to be picked up, accord- any way by the action of California about how we need to do things in ing to a congressional study. The plant ranchers or farmers on their own prop- countries around the world to address has adapted to flood, draught and erty. If there are similar organizations the problem of the degradation of our water fluctuation, said refuge manager in Arizona, the vast environmental environment on a worldwide basis, but Bill Radke, but not adapted to people damage being done by hundreds of no one will talk about this. squashing it. thousands of illegal immigrants does No one will talk about the smugglers So much of this has been documented not seem to disturb them. that have left 95 percent of their gar- by the kind of information that even Evidently, political correctness de- bage and junk vehicles in our borders. the Congress has had at its disposal by mands that one first consider who is At Cabeza Prieta National Wildlife Ref- hearings, by the CRS, the Congres- destroying the environment, not the uge, smugglers have made a 26-mile sional Research Service, and again, extent of the destruction itself or road into the Growler Valley that nothing, absolutely nothing, done. whether it should be stopped. With en- slices into protected wilderness. I saw Let us talk about fires for a moment. vironmental groups these days, social that road. I have been down to Cabeza Illegal border crossers are suspected of justice is in the form of immigrant Prieta. Along the refuges is famed Ca- causing eight major wild fires in south- rights; and it trumps concerns about mino del Diablo where crosses mark ern Arizona in 2002 sticking taxpayers overpopulation, damage to plants, land places where 19th century travelers with $5.1 million in fire fighting costs. and wildlife; and those are the quality paid for their ignorance of the area These eight fires that charred 68,000 of life issues in the United States. with their lives. acres are nearly 108 square miles near These priorities mirror those of the The dirt is now a dirt road. It fea- the border according to the Arizona Ford and associated major charitable tures big pits of nearly impassable Daily Star. Only the fires bigger than foundations from both the National moon dust. Smugglers just drive 100 acres were included in that anal- Council of La Raza and the Sierra Club around these areas, widening these pits ysis, but officials say border crossers where they give their financial sup- a quarter mile into the wilderness. It is cause many smaller blazes that were port. estimated to fix the dirt road up to $30 quickly controlled. Food containers, b 1915 million. That is if we can get down juice cans, water bottles from Mexico there to fix it, but they are probably were found at many of the fires’ start- Interestingly, the Sierra Club does not going to get appropriations for ing points. have one part of its organization, that purpose because why? Because The Ryan fire, a 38,000 acre fire that maybe 30 or 40 percent of their mem- that particular part of our environ- raced across grasslands toward Fort bership, that have decided to start sort ment, that particular problem was Huachuca in late April and early May. of a splinter group, I guess I would say, caused by illegal immigration, and we The Oversight fire burned 2,189 acres in in the Sierra Club. And they in fact do not want to talk about that so we the Huachuca Mountains. The Walker have actually done a pretty good job of are going to ignore it. Community fire burned 17,000 acres trying to bring to the attention of the As I mentioned earlier, there are cars west of Nogales in June. These were all rest of the members of the Sierra Club all over. Officials estimate smugglers started by illegal aliens. the problems that are endemic with drove 5,000 cars through protected wil- When we were down there, it was fas- our national grasslands, our national derness last year alone. Once that road cinating to talk to the people, the for- parks, and our national forests as a re- is there, it will be there for 60 to 70 est service. They will tell you, they sult of our completely and totally years, says Vergial Harper, the refuge’s now have changed the way that they abandoned borders. outdoor recreation planner. Seventeen actually try to fight the fires because This is from a report to the House of abandoned vehicles now sit in the it has gotten so dangerous to go in Representatives Committee on Appro- Growler Valley area. They probably there. There are so many people com- priations on impacts caused by undocu- have to be removed by helicopters to ing through those forests with guns mented aliens crossing Federal lands in minimize further damage to the soil protecting drug trafficking activities southeastern Arizona. It was a joint that serves as the skin of the desert, as that they do not go into the forests at project by the Immigration and Natu- they put it. night even to fight the fire. So the fires ralization Service, the Department of Do my colleagues know how much it are allowed to burn because we are the Interior and the Environmental costs to try and get one vehicle out of afraid to send people in there. We are Protection Agency. It was completed there by helicopter? It is a very expen- also afraid to dump the retardant on on April 29, 2002. It has only recently sive undertaking. There are thousands there because we are dumping it on a been released. It constitutes an exten- of vehicles all over the desert. lot of people who are out there. These sive and official documentation of the On a recent afternoon in Organ Pipe, are illegal aliens, but there are so harm that migrant smuggling has done discarded water bottles, backpacks, hot many in the forests that we cannot to the fragile ecosystems and natural sauce containers, and Spanish-lan- fight fires appropriately. resources in southeastern Arizona, and, guage comic books littered the ground The whole area is susceptible to this one might reasonably conclude, other around a sprawling ironwood tree esti- kind of thing, and yet again, where are frequently traveled areas along the mated to be 1,000 years old. the environmental groups? I hear from southern border. Another endangered species’ affected them. I am sure every Member of this Sometimes our environmentally growth in Tucson, the Pima pineapple body hears from people in the Sierra based arguments fall on deaf ears be- cactus, is also in the way of Club and everybody else that are de- cause environmental effects are indi- crossborder traffic. Just northeast of manding that we do more to protect rect or long term. I am reading from a Nogales, fences meant to protect a the environment. Where are the groups report that was issued by FAIR, an or- patch of these cacti from being demanding that we do something to ganization devoted to immigration re- knocked down and allowing cattle to stop illegal immigration and the deg- form. Here are some of the quotes from enter and possibly trample them, well, radation to the land that occurs as a the report to the House of Representa- anyway, the fence is being destroyed. result of this policy of open borders? tives Committee on Appropriations on

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.130 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2921 impacts caused by undocumented and it is about this phenomena. And it some animosity there. They break the aliens. Here are some of the quotes. is absolutely accurate. It is an inva- pipeline, they pollute the well, and Page 2: Undocumented aliens cross- sion, but we do not intend to address it. move on. ing Federal lands in southeast Arizona We are fearful of actually trying to Recreational, cultural, and adminis- not only cause damage to natural and stop it for fear that there will be a po- trative sites are repeatedly vandalized cultural resources, they impact Fed- litical backlash here; for fear that and damaged, 1,000-year-old carvings eral land visitors, public services, Fed- some of the business interests that sup- destroyed. eral employees working in the area, port our side of the aisle will say we Would that not have made the front and residents and businesses located on need the cheap labor; for fear some of page in most papers around the coun- Federal and reservation lands. the immigrant and lawyer groups that try if that had happened by a bunch of Impact visitors: Let me tell my col- support the other side of the aisle will vandals destroying some pristine area, leagues what happens. Here is mom and say, look, these are all going to be vot- some prehistoric site, for instance, like dad out there in their Winnebago, ers sometime and they comprise a big that? That certainly would have made camped out in any one of these dif- chunk of our voter base, so let us not the news somewhere. But you did not ferent types of campgrounds in our na- talk about illegal immigration. These see a word here. Why? Because it was tional parks, and all of a sudden, and are the reasons why we do not face the done by illegals. In one case it was this has happened, all of a sudden they issue of invasion. done by the Mexican Army coming look out the window of the camper and Going back to the report: Breaking across the border. Why were they in there, coming across the camping and entering and burglaries along the the United States? They were pro- ground, is a group being led by a guy border are common and include his- tecting a drug load; protecting drug with an M–16, a bunch of people car- toric and government structures, em- traffickers coming into the United rying 60-pound backpacks carrying ployees, and private residences and States. drugs, and a guy following them with businesses. Believe me, the Mexican Army, another M–16. And I am sure they Another quote: Federal law enforce- which is on the border to a large ex- thought to themselves, this is a na- ment officers assigned to land manage- tent, is not there to protect the border. tional park? This is a campground? Am ment agencies and tribal police often They are there essentially to provide I in the right place? face situations where they are at per- cover for illegal drug activity on that Well, yes, they are in the right place. sonal risk and must deal with over- border. They have been confronted, their vehi- whelming odds. Going back to the report: Tons of cles have been vandalized and stolen by In Arizona, on the reservation land trash and concentrations of human these people, and they have been that we refer to as the Tohono waste are left behind by undocumented threatened by folks smuggling drugs O’odham Indian Reservation, they have aliens. This impacts wildlife, vegeta- across that border and through our na- about 1,500 people a day coming in to tion, and water quality in the uplands, tional parks. Yet nobody really seems their land, 1,500 a day coming in to in washes and along the rivers and to care. that tribe’s lands, coming across it and streams. It also detracts from scenic Another quote: Certain Federal lands destroying the land and the life-style qualities and can affect human and ani- in southeast Arizona can no longer be of the people who live there. Go down mal health from the spread of bacteria used safely by the public. These are our and talk to the Tohono O’odham Indi- and disease. public lands. This is where we want to ans yourself. Talk to the people who We have not even gotten into the go when we want to take the kids out try their best to maintain some degree issue of disease tonight. We will talk hiking, camping, and fishing. Certainly of order on that reservation and they about that more at a later time. Federal lands in southeast Arizona can will tell you it is a madhouse. Life State, county, and local governments no longer be used safely by the public there is a nightmare for them. I have and private property owners experience or Federal employees due to the sig- seen little children, 5 years old, walk- most of the same problems caused by nificance of smuggling of undocu- ing around stoned. The drug smugglers undocumented aliens crossing their mented aliens and controlled sub- have turned several small villages lands as mentioned herein. Addition- stances into the United States. The there into their encampments essen- ally, there is a significant increased mere number of undocumented aliens tially, because they have been able to, workload on Federal and local court traveling in the border area intimi- both with drugs and money, entice peo- systems and increased costs to medical dates legitimate visitors and creates a ple into participating in this activity. providers caring for the sick and in- reluctance by some in the public to use Going back to the report: The char- jured. Health care providers especially the public lands. acter of congressionally designated are heavily impacted. Twenty-six per- I guarantee that is true. There are wilderness areas have been reduced by cent of all the people in Federal prisons people who are afraid to actually go the creation of unwanted trails and are illegal aliens, 26 percent in Federal into our own public lands. roads, damage to existing trails, and prisons. We do not know how much it is Another quote: Ranchers, farmers, large amounts of trash. Encounters in State and local prisons all over the miners, and other legitimate users of with large groups of undocumented Nation. Hospitals, especially their neo- Federal lands are heavily impacted fi- aliens reduces the quality of the wil- natal care units, are closing up all nancially by smuggling operations that derness experience for many visitors. over. Douglas Hospital is going cut fences, break down or leave gates I assure my colleagues that that is through bankruptcy. If it goes under, it open, damage water supplies, steal or true. When someone comes across a is going under because of the care they damage equipment, and disrupt grazing bunch of people carrying drugs in and provide to illegal immigrants, without and irrigation schedules. guns on their backs, it does have a of course reimbursement. If it goes Every week I come on the floor with tendency to, as they put it here, to de- under, there will not be a hospital a picture of another person we are in- crease the quality of the wilderness ex- around for 100 miles. ducting into the Homeland Heroes Hall perience. Back to the report: Literally hun- of Fame. These are primarily ranchers Gates are rammed, security locks are dreds, if not a thousand or more, of down along the Arizona border that are cut, signs are driven over and heavy new trails have been created on Fed- having their entire lives turned upside damage or destruction of water devel- eral lands in southeastern Arizona by down. Their ranches are being de- opments and other improvements by undocumented alien crossings. And stroyed, and their government does not undocumented aliens traveling through more and more trails are being created seem to care one iota. They are not the Federal lands and seeking drinking by the hundreds of thousands that coming to help them, but they are fac- water in remote locations occur regu- cross Federal lands in southeastern Ar- ing the brunt of the invasion. And it is larly. Some ranchers actually put out izona each year. This proliferation of just that. It is an invasion. That is the cups for these folks and say, look, do trails damages and destroys cactus and appropriate word. Michelle Malkin, au- not destroy the well, do not break the other sensitive vegetation, disrupts thor, uses that word to describe her pipeline, here is a cup, here is water. and prohibits revegetation, disturbs book. In fact, it is title of her book, But they have disregarded it. There is wildlife and their cover and travel

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.132 H08PT1 H2922 CONGRESSIONAL RECORD — HOUSE April 8, 2003 routes, causes soil compaction and ero- not have the right kind of pollution were. And they cut him down with an sion, impacts stream bank stability, control device and/or we have not come AK–47. We went to where he was killed, and oftentimes confuses legitimate up with the correct mix for gasoline to and Bob said the following: ‘‘If they do uses of trails on Federal lands. remove some of the pollutants. not get the crime situation under con- There are so many trails on lands b 1930 trol, they are not going to have any re- that people that are out there legiti- sources left to protect.’’ That was mately are looking for a way to get We cannot say that is why this pollu- quoted in Outside Magazine February around the land, and they take these tion is occurring in our national for- 2003. His son lies dead. The environ- trails that the drug users have created ests. We can say it is occurring because ment is being destroyed. Hundreds of and, of course, go off into never-never we do not have the will to stop it. We illegals are dead in the desert, all be- land. are destroying this land. It will be cause we do not have the guts in this The impacts of such fragmentation gone. Our children will never be able to body to take this issue on. are perhaps most severe to breeding enjoy it. Certainly their grandchildren Americans do, I assure Members of birds, many of which nest directly on will not be able to, and how will we ex- that. Poll after poll after poll will tell the ground in short shrubs and trees on plain this to them. us that Americans believe we have to or adjacent to the network of undocu- Will we say it was because we just do something to control our borders, mented alien routes. The continual dis- did not have the technology, but there something to reduce immigration to a turbance to nesting birds during day was an argument about whether or not manageable level. I have a bill that and night typically leads to direct nest it was really caused by man’s inter- would reduce immigration, annual failure or abandonment of breeding ference or whether it is natural. No, legal immigration into the United birds. That leads to increased preda- that is not an argument that we can States to 300,000 a year. That is far tion on active nests and keeps birds use in this situation. We know what more than came into the United States from maintaining egg temperatures has created this. It is millions and mil- during the heyday of immigration of and adequately feeding any young that lions and millions of feet across this the early 1900s. I am accused of trying do hatch. land every year. It is hundreds of thou- to build a Berlin Wall. Again, let me suggest that if this sands of vehicles coming across this And how can we create a bill for were happening anywhere else in the land every year. And for what purpose? guest workers to come into this coun- world, especially anywhere else in our To enter this country, to do so ille- try legally, how can we say we have country, there would be an outcry on gally, to bring human beings or drugs some sort of legal immigration number this floor. There would be an outcry into the Nation. That is the purpose. by say 300,000 or 3 million, how can we heard by every news outlet in the Na- Because we find that so sensitive, so off say that if the borders are porous? It tion. They would interrupt the report the charts when we are talking about does not matter how many the govern- about the war to talk about the fact issues, we refuse to deal with it. It is ment says we will allow in or how that some bird has been removed from amazing. We cannot get an argument many workers we will take in as a tem- its nest, or its nesting area has been about what the cause is. Not a single porary basis. As long as the borders are destroyed by some sort of action taken soul will stand up and argue about the porous, they will come at their will, by man. In this case, however, because cause here for this pollution. We know not according to what our needs are. it is an illegal immigrant, we will not exactly what creates it; but we cat- And they will pollute. hear a word about it. egorically refuse to deal with it be- The only way to defend this Nation There are high concentrations of cause the subject is difficult to deal against the danger that exists as a re- human fecal material in heavily used with because it is not politically cor- sult of terrorist activity, the only way undocumented alien pickup points in rect to talk about it as a result of to defend this Nation in terms of the and adjacent to washes, rivers, and human traffic, illegal traffic into this drugs that are imported across this streams and in other heavily traveled country. border every single day, the only way routes. This also impacts wildlife, There are huge, huge economic bene- to defend the environment in this Na- vegetation, and water quality in the fits that accrue to certain groups, to tion is to put the military on the bor- uplands, in washes, and along rivers certain businesses, to certain individ- der to augment our border patrol and and streams. The human waste pre- uals to have lots and lots of cheap our Forest Service personnel and stop sents a health risk to all people. labor. There are political advantages this degradation of the land and stop Now, this is in a report that is pro- that accrue to others to have lots and the invasion. That is the only solution vided to this body and to the United lots of immigration into the country. to the problem. The only one. Nothing States of America, to the people in this These two things, the political advan- else will work. Nation. We provide this particular in- tage, the economic benefit of cheap We must use the military to defend formation. And what happens as a re- labor and illegal immigration, stop our borders against the invasion until sult of it? I wonder if any of my col- this from being addressed. It is a shame the Department of Homeland Security leagues have ever read it. I wonder if at least. It needs to be addressed. It can effectively control this problem. any of the news media that so quickly needs at least to be debated. Until then, the invasion goes on. Our uses this kind of thing to pick up on Maybe I am wrong, maybe I am 100 homes are threatened, our lives are when they say a report delivered today percent wrong about what is hap- threatened, our environment is being to Congress talks about environmental pening. Maybe this report is just fab- destroyed. Let us not shy away from damage, talks about global warming, ricated, just a bunch of lies that some- that on the House floor. It is our duty, talks about how the world is changing body wrote down because they have it it is our sworn duty to take on these as a result of man’s interference with in for immigrants. Go there yourself if kinds of issues, and I urge Members to nature. Usually, that just gets snapped you think I am exaggerating this prob- do just that. lem. I encourage Members to go there up like that if there is one sentence in f any Federal report, scientifically sup- themselves and observe it, observe the ported, that draws attention to some Organ Pipe National dump and see CONCENTRATED ASSAULT ON problem with the environment, espe- whether Mr. Eggle, Mr. Robert Eggle ENVIRONMENTAL PROTECTIONS cially some problem that we can at- whose son was killed at Organ Pipe a The SPEAKER pro tempore (Mr. tribute to mankind. Well, we certainly year ago August, his son was killed PORTER). Under the Speaker’s an- cannot attribute this to anything else. there by two people who had come nounced policy of January 7, 2003, the There is no way to say that what I through after killing four other people gentleman from Oregon (Mr. have talked about here tonight is not a in Mexico, part of a drug deal. They BLUMENAUER) is recognized for 60 min- problem created by human beings. came into the United States and they utes as the designee of the minority What we can say, however, is that this came up against Kris Eggle. He was a leader. problem is not being solved. It is not park ranger, and he was not trained Mr. BLUMENAUER. Mr. Speaker, I being solved because there is not some and he did not have the equipment to come to the floor this evening while technical solution, or maybe we just do deal with terrorists. That is who they there is a battle raging in Iraq, one

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.133 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2923 that is well known to the American put off our energy problems into the b 1945 public, and I want to spend a few min- future for the next generation or It would not allow the country to re- utes this evening dealing with another maybe even the generation that follows cede from Mideast policies. It will have battle that is taking place, a battle them to deal with. There is a refusal to no impact on current gas prices or any that is raging in this country that has deal with global climate change. shortage that is caused by the war in potential risks that are every bit as In committee, I am sorry that the Iraq, and it will take 7 to 10 years even great as that of international terror for Republicans rejected both the bipar- to get the first drop of oil from the ref- the safety, health, and well-being of tisan language that had been passed uge.’’ our citizens and, indeed, the citizens of unanimously in the Senate as well as And I could not agree with my home- the planet. even the President’s woefully inad- town newspaper more. The irony is I am talking about a concentrated equate voluntary climate change ini- that having visited the wildlife refuge, assault on environmental protections tiative. We will not find these in the Mr. Speaker, having looked at that in this country. I am deeply troubled energy bill. fragile Arctic environment and weigh- by the gap between what we have seen ing the costs and consequences, it is growing in terms of the political proc- We will find that the critical area of clear to me that this ought to be the ess with some of my Republican Mem- transportation, which consumes 70 per- last place in America that we drill for bers and people in the administration cent of the United States oil consump- oil, not the first. And I note that the in terms of what environmental protec- tion, indeed just to provide fuel for our American public in survey after survey tion means, where we are, and where automobiles, takes for the United has sided unequivocally with the pro- we should go. States just our cars, and we represent Now, I come from the perspective as less than 5 percent of the world’s popu- tection of the wildlife refuge. somebody who was part of an Oregon lation, that consumes 10 percent of the It is important, Mr. Speaker, that we tradition of politics that was decidedly world’s oil production. But amazingly, spend a little time focusing on that en- nonpartisan or, in fact, aggressively bi- the bill that is coming before us does ergy bill, because I am afraid as it partisan when it came to environ- not act on efficiency standards. Indeed, comes rushing to the floor it is un- mental protection. My first assignment they are giving additional tax breaks, likely that we are going to have ade- as a college student from a government and it seems that my Republican quate time and energy to devote to it. official was from the legendary Repub- friends in committee have yet to find a But I would reference one other in lican Governor of Oregon, Tom McCall, problem in this country that is so these times of very difficult problems who appointed me to his Livable Or- great that it cannot be solved by an- that are radiating out from our mili- egon committee. Throughout the years other tax break, tax deduction, or tax tary action in Iraq. When people are that I worked in Oregon politics on the benefit. looking at the tremendous stresses on State and local level, I was pleased to But these tax breaks do not go to the our military, they are thinking about work hand in glove with a wide variety 99 percent of the American public that ways that we ought to protect the abil- of people who put environmental pro- arguably if we can afford tax reduc- ity of our military to be able to main- tection first, and partisanship and spe- tions, and this will be the first time in tain its position as the mightiest fight- cial interests came later. war that we are proposing not sacrifice ing force in the world. We are seeing On the floor this evening, I must, I but tax deductions for those that need that there has been under the guise of guess, acknowledge my dismay about it the least, these tax breaks and roy- military exigency an attempt by the the growing gap between the parties alty relief are to the interest of oil, administration to exempt the Depart- when it comes to environmental pro- gas, coal, and nuclear energy. Indeed, ment of Defense from protection of the tection. I think this was crystallized some of the provisions incredibly at environment, using the rhetoric of de- for me when I received a copy of a this time would take away the pay- fense to cover up environmentally de- widely circulated memorandum from ments that are due to the American structive actions, to exempt the De- the famous Republican pollster and po- public, royalties for energy sources partment of Defense from some of the litical consultant, Frank Luntz, that that are extracted from public lands at most environmental protections. These was distributed to Republicans in Con- a time of skyrocketing energy prices. exemptions seek to address theoretical gress earlier this year. It was iron- Well, the proposal there is to reduce encroachments to military readiness. ically entitled ‘‘Straight Talk.’’ the royalties that would otherwise be There is no evidence, no sound science, Frankly, Mr. Speaker, I do not think paid to the American taxpayers. showing that our environmental laws this memorandum has been given have hampered our troops’ ability to enough attention, and I hope to do a When we speak of the environment, prepare for war. Instead, these laws ac- little bit of that this evening because I one of the strategies that is being sug- tually protect the health of families think it is very important to under- gested by Mr. Luntz is to hug a tree, to living on or near military bases and ac- stand the differences between the two support open space and parks. Well, by tually support readiness by sustaining parties as they relate to environmental reducing the money that otherwise and extending the life of training protection; and this memorandum is would go to the Federal Treasury to ranges. revealing strategy where some of my provide support for our public prior- I would hope, Mr. Speaker, at a time Republican friends, people in the ad- ities, one of the most important when the Members of Congress are ministration and Congress, are advised sources of the revenue that comes from spending more time thinking about the do not use your ingenuity to develop the royalties would go to the Land and condition of our military and how to more environmental protection, do not Water Conservation Fund, which has maintain its effectiveness, that instead use your creativity and political mus- been eviscerated under the President’s of attempting to eliminate these fun- cle to put the money behind enforcing budget. damental environmental protections our environmental laws to try to ex- Also in this legislation, there are that put our soldiers, their families, tend the boundaries. Instead, the ap- proposals to again open the pristine and surrounding communities at risk, proach of this memorandum is to put lands in the Arctic Wildlife Refuge, a we would think about being aggressive the time and the energy into how you land that was set aside for all time by in terms of protecting the environment describe what you are doing, try and Republican pro-business President so that we actually coax more out of feather the impact, try and obscure the Teddy Roosevelt. Instead, it is pro- these resources. real record. I think there is no place it posed that we open up this area even I will be speaking more about that, is going to be more telling for the though, and here I will show a little bit Mr. Speaker, in the course of this hour. American public this week than to of hometown favoritism, I quote from But I wanted, if I could, to take a mo- look at the energy bill that is on its the Portland Oregonian from earlier ment to acknowledge that I have been way to the floor. this month which I think says it as joined by the gentlewoman from south- There we see instance after instance well as anybody: ‘‘The oil beneath the ern California (Ms. SOLIS), a woman I where the bill that has been passed by refuge would not lead America to en- have known during her tenure in Con- the Republican majority is going to ergy independence. gress to care passionately about the

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.135 H08PT1 H2924 CONGRESSIONAL RECORD — HOUSE April 8, 2003 environment, to work with her commu- claim that the bill is a fair balance be- 2002, falling from $29.6 billion to $28 bil- nity at home dealing with issues of en- tween the environment and the econ- lion. vironmental integrity and environ- omy, but the bill encourages our con- Projects on the chopping block, for mental justice, working to try to make tinued dependence on fossil fuels; drill- example, are dealing with environ- sure that the big picture is made. And, ing in the Arctic, the National Wildlife mental education like lead-poisoning Mr. Speaker, I yield to my colleague to Refuge, and other ecologically sen- prevention, a serious concern in our speak to these issues with me this sitive areas; and it fails to create a district where many young children are evening. comprehensive plan for renewable al- affected by this particular additive Ms. SOLIS. Mr. Speaker, I thank the ternatives. My goodness. that is very harmful to the develop- gentleman from Oregon (Mr. And last year, as my colleagues ment and puts many children, millions BLUMENAUER) for the opportunity to be know, California faced blackouts and of children younger than 6 years of age, here tonight to join him in helping the price gouging. My constituents faced at risk for intelligence, behavior, and public better understand the decoding energy bills that rose upwards of 300 of the environmental rhetoric that we percent in a short 4-year span. physical disparities that they will be keep hearing from the other side. And This bill that is being proposed will affected by if they are exposed to lead. for some time we suspected that the provide very little relief for the con- And we all know that but we are not Republicans were speaking from the stituents that I represent, and I do not doing enough to help address this. We same talking points as we have on en- think it is a fair and balanced ap- are actually cutting back in that area. vironmental policy issues. Now we proach, and I believe that the Repub- And I say that it is time to do a bet- have confirmation. The Republicans licans claim that they are supporting ter job. It is time to look at why water have been trained to use so-called development and advancement of tech- quality investments are also falling straight talk; false language, distract nology. At least that is what they are short. For example, in this budget, $2.7 people with personal stories, and representing. Yet the bill is loaded, billion in FY 2002 to only $1.8 billion in muddy the issues with claims that the loaded, with subsidies to the oil and 2004, a loss of $861 million, or more environment and the economy cannot gas industry, subsidies that do not nec- than a 32 percent cut. What in the coexist without measures that will essarily require research and develop- world are the Republicans really say- cause dirtier water, fewer parks and ment, subsidies that reward pollution ing? We want to protect the environ- polluted air. instead of innovation and technology ment, we want to protect families and In a memo that I saw recently cir- and efficiency. These industries that consumers, but at the same time they culated by the Luntz Research Compa- the Republicans are subsidizing often keep chopping, chopping, chopping. nies, Republicans are told that the en- put their plants in the center of dis- So that is what the message, I think, vironment is one of the most impor- tricts like mine, in low-income, eco- tonight has to be, Mr. Speaker; that we tant issues that they are in fact very nomically underprivileged commu- clarify what our agenda is and whom vulnerable on, and we know that. Some nities. And I know that, because they we are standing up for. And I am very of us here in the House know that, and believe that our community is not pay- out there in our communities, and in ing attention and that they can get proud to represent the district that I order to combat this vulnerability, the away with planning and siting projects come from, the San Gabriel Valley, Luntz memo, to use buzz words in their that are harmful to our water, to our where now people are having hardships. arguments, words like, for example, air, to the environment, and to the We have unemployment rates upwards ‘‘safer,’’ ‘‘cleaner,’’ and ‘‘healthier.’’ people that we represent. of 11 percent, and this has gone on for They are told to avoid the economic ar- This is the case in the San Gabriel more than 2 years. guments first so that personal stories Valley, and I say that because many of People want clean drinking water. can be shared. The Luntz memo notes these folks come into our district They do not want to be notified in the that Republicans should stay away promising jobs, redevelopment, clean- mail that their drinking wells have to from big words and provide examples ing up the blight, giving jobs to poor be closed because they found rocket about how Federal agencies are not people, and then they leave us with a fuel in their water. We need to have protecting our natural resources. And blank check, nothing there, no jobs, more tools to do the cleanup. We need we can see this rhetoric being used pollution, and, in my district, four to go after the responsible parties, and every day in policies that the GOP is Superfund sites and little enforcement we cannot afford to let people off the offering. by EPA at this point to really do a bet- hook who are the polluters. That is In fact, I brought a copy of the memo ter job of cleaning up the environment. what the Superfund law was all about, that was outlined. It was circulated by So I have a lot of questions about the and that is what we should be here to the Luntz Research Group, and if I message that the other side is using to enforce tonight and every single day start reading from it, my colleagues say that they are now on the side of that we are here fighting for our com- would be amazed by what they would the consumer and the population about munities. cleaning up the environment. see. I would just say, lastly, that it is a And if I could maybe share of some of One last item I would like to talk privilege to be here as a Member of the that, on page 132, Overview: The envi- about also is on the budget. Another House advocating for environmental ronment is probably the single issue on example of effective messaging and lax issues, in particular environmental jus- which Republicans in general and policy is the Bush budget. The Presi- tice activities that affect not just my President Bush in particular are most dent and his supporters claim that the area but many corners of our country. vulnerable. budget will create a ‘‘safer’’ and Secondly, indeed it can be helpful to ‘‘cleaner’’ and ‘‘healthier’’ Nation. And people need to better understand think of the environment and other However, the budget uses creative ac- that environmental justice issues are issues in terms of a story, a compelling counting to raid the Land and Water issues of better health care, better edu- story, even if factually inaccurate, and Conservation Fund, a fund that has im- cation, and an opportunity to begin to I underscore that, factually inaccurate, pacted hundreds of communities as clean up their communities and en- can be more emotionally compelling they try to protect their natural re- hance economic development in a posi- than a dry recitation of the truth. So sources through restoration and clean- tive way so that everybody can grow here we are talking about falsehoods. up projects, projects that are directly and prosper, and children, whether Let me go on, Mr. Speaker. This linked to the health of our families, be- they are rich or poor, can live in a week we are going to be debating the cause we are talking about the very clean environment. energy bill, and this is a good example water that they drink. I thank the gentleman from Oregon of how using rhetoric can be made pub- And President Bush claims that he (Mr. BLUMENAUER) for the opportunity licly available to folks, but it is a bad ‘‘preserves and protects’’ the environ- to speak tonight on this very impor- policy for people and consumers and es- ment; however, his budget request for tant message regarding the truth about pecially those that I represent in the the environment is slated for a $1.6 bil- the environment and who is sticking State of California. The Republicans lion reduction compared to fiscal year up for environmental justice.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.136 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2925 Mr. BLUMENAUER. Mr. Speaker, I The gentleman from Oregon (Mr. open to oil production, and just a little thank the gentlewoman from Cali- BLUMENAUER) has also been a key envi- part of it we are trying to preserve as fornia (Ms. SOLIS). I appreciate her ze- ronmental leader on many, many a wildlife refuge. roing in on the notion of how to inter- issues here in the Congress, including It has been a wildlife refuge, it was pret, read between the lines. We have energy, which we are talking about to- put in many years ago under a Repub- joked a little bit about having a de- night. The gentleman has pushed for lican President, and we do not see that coder ring so that people can under- livable communities. The gentleman bipartisanship today on the environ- stand what is being offered, and her has tried to make sure that the Federal ment, by the way. So I think the gen- points about the disconnect between Government does everything it can to tleman’s remarks are right on point the budget, which really is a tangible be a good partner in communities. when it comes to the Arctic National expression of priorities; that is, a budg- One of the things we see is the Fed- Wildlife Refuge. et submission that is antienviron- eral Government owns a lot of the I also would like to say a few words mental and has actually been made landscape; and because of one of the about the energy bill that we are going worse by the Republican budget resolu- gentleman’s pieces of legislation, we to start debating this week, the Energy tion; the simple notion accepted by the are trying to make sure that the Fed- Policy Act of 2003. During the last Con- American public to aid environmental eral Government in fact is a good gress, the House spent countless hours cleanup by having the polluter pay neighbor, and when they locate build- debating a similar bill. that has been suspended, and aban- ings or relocate buildings, that they Unfortunately, one of the major pro- doning the Superfund, making it very visit with the locals in addition to visions in the last energy bill on which Members could not agree was renew- difficult to be able to continue the no- going through the normal planning able energy. As my colleague, the gen- tion of environmental justice where we processes. tleman from Oregon, has said earlier, have put such a burden on people who The gentleman has been to my com- the Republicans are putting off dealing often have no alternatives, who are un- munity. I know many of the people with our Nation’s energy dependence aware of what is happening, and how very much appreciate the gentleman’s problem and leaving it to legislators of the administration is suggesting that efforts in terms of transportation and a future generation. Their theme seems we not initiate new activities but, in trying to make sure that we develop to be, ‘‘Why do today what we can fact, we pull back from what we are sensible transportation alternatives in leave for the next generation to deal doing now that is, in fact, inadequate. our communities: allow people to bike to work, have mass transit, have alter- with in the future?’’ I appreciate her forthright expression Last month I introduced legislation natives that make sense from the per- of that. that establishes a Federal renewable spective of energy, which is one of our I think it is important that we work energy portfolio and establishes stand- big topics tonight. together to have that decoder ring to ards in that area for certain retail elec- I know that the gentleman men- understand. I hope that we are able to tric utilities. There are some who say tioned earlier the Arctic National deal with the advice that Mr. Luntz that a long-term sustainable energy Wildlife Refuge. Rather than go di- has given to the Republicans. I think it plan is impossible, or that renewable rectly into my comments, I wanted to is important that he points out that energy and energy efficiency are just say a few things about what the gen- scientific consensus is against them, dreams and that the U.S. will never be tleman was talking about, because the that the public is suspicious, but we able to break its reliance on tradi- gentleman said he has been there. hope that instead of trying to deal with tional energy sources, like oil and coal. semantics, rhetorical cover-up, that we I have also been there. I just wanted I disagree, and I know the gentleman can encourage people to go back to to talk a little bit about how that is a from Oregon disagrees; and now, in the what we started with in terms of the very special place, and I think anybody post-September 11 world, as we are in Clean Water Act, which was actually that is going to vote in this body on the midst of a war with Iraq, the re- from the Nixon Administration, to this issue ought to take the oppor- newed conflict in the Middle East have an opportunity where people are tunity to try to go up and visit it. shows us that we cannot continue to embracing environmental values. When I say go up and visit it, I do not rely on imported oil from that region. mean go to Kaktovik, the little village b 2000 When my father, Stewart Udall, was up on the very upper end, which is a Secretary of the Interior, and this We have been joined this evening by community that has a lot of problems shows the dramatic change in our soci- the distinguished gentleman from New but does not represent at all the envi- ety, what happened in the last genera- Mexico (Mr. UDALL). I have been ronment in the Arctic National Wild- tion, the U.S. imported when he was pleased to work with the gentleman on life Refuge. Secretary of the Interior in the 60s 20 the floor of this House. I have been What I did was I spent a week in this percent of its oil. My father argued very impressed in my visits to his dis- whole area, floating on a river by the that we should not import more than 20 trict, as the gentleman reflects the name of the Hula Hula River, named percent because this was a national se- strong environmental values of the after the whalers that came in the area curity issue if we were relying too people of New Mexico, and we are hon- hunting down whales, Hawaiian much on one area of the world. ored the gentleman will join us this whalers; and they called the river the Our people may not know it, but evening to join in this discussion. Hula Hula. In the course of floating out today we import 53 percent of our oil, Mr. UDALL of New Mexico. Mr. of this river, it floats out of the Brooks 47 percent which comes from the OPEC Speaker, I thank the gentleman very Range. It is probably one of the clear- countries; and by 2020, the United much and thank the gentleman from est, most pristine streams you have States will import 62 percent of its oil Oregon for that very kind introduction. ever seen. We took the opportunity to unless we change the way we are doing Let me also say about our colleague, stop and fish in the Hula Hula River for business here in the United States. the gentlewoman from California (Ms. Arctic char. We saw a variety of wild- Even more concerning, world oil pro- SOLIS), who has been a real champion life. We saw grizzly bears, musk oxen, duction is expected to peak sometime on environmental issues in California, herds of caribou. in the next few decades, even some say she served in the California legislature Coming back from that trip, and as early as 2007. That means as energy and I think has been at one point writ- after experiencing that and camping in demand increases more and more rap- ten up as a Profile in Courage on envi- this area, I cannot think of any area idly, the world’s oil supply will be pro- ronmental issues because she took on that is more deserving of being a wil- portionately diminished. an environmental racism issue in her derness area than the Arctic National Energy production has brought tre- community and fought it for a number Wildlife Refuge. mendous prosperity and allowed us to of years and passed a significant piece The argument is that we need to raid grow our economy at unprecedented of environmental legislation. So what the oil that is there. In fact, what the rates. However, nonrenewable forms of the gentlewoman says about these situation is on the whole coastal area energy are responsible for many of the issues, I think she has lived and walked in Alaska is that 97 percent, 97 percent greatest environmental threats to the walk. of that coast is open to exploration, is America’s well-being.

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.138 H08PT1 H2926 CONGRESSIONAL RECORD — HOUSE April 8, 2003 For these reasons, I am particularly I appreciate the gentleman focusing I hope that we will have an oppor- interested in a renewable portfolio on the opportunity to truly make us tunity to offer a new approach to en- standard. I believe that an RPS paves energy independent, dealing with re- ergy in this year’s debate that is akin the road for development and invest- newable energy sources, particularly to a new Apollo energy project for ment in clean energy technologies and the nontraditional: the fuel cells, wind, America that will be as bold as the local economic development. RPS, in geothermal. As we look at how these Apollo project that John F. Kennedy my mind, clearly serves as a model for will be treated in the energy bill that stood in this Chamber in 1961 and chal- tomorrow’s small and medium busi- will find its way to the floor, we will lenged America to go to the Moon in 10 nesses to draw a profit from their own find that there is but a tiny fraction of years. We think the U.S. Congress environmental responsibility. the attention, the resources, to be able ought to be challenging America to go As a Nation of what I call to accelerate those developments. to a future of self-reliance in energy to ‘‘petroholics,’’ we claim only 2 percent Again, it is a disconnect between the break our addiction on Middle Eastern of our electricity is generated by non- ‘‘green’’ rhetoric that is being couched oil, to adopt and embrace a goal of re- traditional sources of power, such as by the Republican pollsters and pun- ducing our global warming gas emis- wind, solar and geothermal energy. In- dits and what could have been actual sions and, in fact, grow jobs in Amer- stead of pushing for the exploration of accomplishment. ica. oil development and contributing to The bill will fall terribly short, as That is what we need, a visionary, this country’s addiction to oil, we the gentleman mentions, in terms of bold, creative energy policy; not one should be pushing for the exploration environmental stewardship. It will fall that relies just on the technologies of of renewable energy development. I be- short in terms of our meeting our the past, but one that will, in fact, en- lieve this bill goes a long way to de- international obligations and opportu- gage the American talent and that can- nities, and it will be a fiscal disaster. It velop a strategy for putting renewable do spirit. is interesting, the Taxpayers for Com- energy into place. We know that Americans have the With that, let me just say to the gen- mon Sense and others in the Green most creative talent in the world. We tleman from Oregon that I think we Scissors Coalition are going to come have created most of the technologies forward to point out how this is a lost need to focus as a country on renew- of the last century. Now it is time for opportunity that is going to cost the able energy. We obviously need a us to create the energy technologies of American taxpayers billions and bil- strong domestic industry, the produc- the next century. We know the world lions of dollars. tion of oil. But as many of us know, It is sad that a country with less will beat a path to the door of the that peaked in the 1970s; and we are than 3 percent of the recoverable sup- country that does this. We do not think headed down. The rest of the country ply of the world’s oil, and as we have we should give these markets of wind and the rest of the world, in particular talked about, much of it in eco- turbines to Denmark, or the market the rest of the world, are going to be logically important areas, we are going for fuel-efficient vehicles to Japan, or going after more and more limited sup- to be focusing on trying to extract the market of solar power to Germany. plies of oil. So the further we can get every last drop and avoiding things We believe those jobs should be right ahead of that curve, the better off we that will put us in a positive position. here in the United States. are going to be. I would like to acknowledge that we So we hope to offer, and in fact, we Mr. Speaker, I thank the gentleman have one of our other colleagues who is will be going to the Committee on from Oregon for providing leadership with us here this evening. Time is Rules tomorrow, to offer America a on this, for being on the floor and winding down, but we could not not ac- new Apollo energy project which will, fighting for these issues; and I hope knowledge the leadership and advocacy in fact, attempt to use all of our sec- that on some of these battles we can be of our colleague, the gentleman from tors in a creative way; to do research victorious in the coming weeks. the Puget Sound area of Washington on coal to see if we can find a way to Mr. BLUMENAUER. Mr. Speaker, I (Mr. INSLEE), from the Seattle area, a sequester the climate-changing gases thank the gentleman for his comments. gentleman with whom I was pleased to of coal emissions; to help both con- I am pleased to be a cosponsor of the take a tour of the Arctic, as we saw sumers in the auto industry to get gentleman’s, I think, really far-seeing what was on the line. more fuel-efficient cars; to help our bill on renewable energy; and I am I say to the gentleman, welcome. I local domestic auto manufacturers hopeful that the leadership in this Con- would yield to the gentleman for some with tax breaks for the retooling ex- gress will have the foresight to allow it comments about this critical area that penses they are going to need to make to come to the floor and to allow a I know the gentleman has spent so fuel-efficient vehicles; to help improve spirited debate. I am convinced that if much time and effort to provide better some of the productivity of some of our we put it to the Congress and to the alternatives for the people on this oil wells in our domestic facilities now. American public that that legislation floor. Because we believe that America ought will pass. Mr. INSLEE. Mr. Speaker, I appre- to adopt the can-do spirit of a new vi- As I was listening to the gentleman ciate the opportunity to briefly talk sion of energy, rather than simply rely- describe the experience we both have about the Arctic, because we were on ing on the old, the old types of tech- shared in the Arctic wilderness, I had the banks of the Ivishak a couple sum- nologies that we have used. in the back of my mind, I think I said mers ago. I have been to Yellowstone, I So I appreciate the opportunity to Teddy Roosevelt designated it. It was have been to Glacier, I have been to the talk with the gentleman. In fact, we another Republican President, Presi- Grand Canyon; and this area is the may be back tonight or tomorrow to dent Eisenhower, who made the des- most biologically dynamic place I have talk some more about that. ignation. ever been, one of the most beautiful Mr. BLUMENAUER. Mr. Speaker, I If I said Roosevelt, I was there deal- places I have ever been in my life, and hope we are able to. I appreciate the ing with the pristine jewel, Yellow- certainly it will not solve our energy gentleman focusing on the fact that we stone, which was the creation of then- needs. have had a tremendous technological People sort of feel about the Arctic President Teddy Roosevelt, which we series of advances in this country, and the way they feel about the Mona Lisa. are now seeing under assault, where it is time, first of all, to make sure They may not get to see the Mona the administration is proposing that that we do not lose control of some of Lisa. The advocates of drilling are say- the place in America with the worst those, and that we blaze a trail for the ing it is going to be a small footprint, air, not L.A., not Houston, it is in Yel- just a relatively small oil production future. It is stunning to me that we lowstone Park, where we see park facility. I think that is a little bit like have an opportunity to give a little rangers forced to wear gas masks be- putting a small mustache on the Mona nudge to some of the promising tech- cause of the pollution, and we see the Lisa. nologies, some of the fledgling enter- rule on restricting the use of snowmo- prises, all across the country. And I biles being rescinded. I guess I got a b 2015 know the gentleman has been visited little ahead of myself. I apologize if I It is small, but it is still disfiguring, by people from our own Pacific North- said that. and Americans do not want it. west who are on the cutting edge of

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.140 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2927 being able to give a little bit of a push, building a green building, whether it is missing in action. At the rate we are a little bit of incentive, to have the solving an environmentally difficult going right now, it is going to take po- government step up and lead by exam- problem, if we give them the order, the tentially 500 to 1,000 years or more to ple. resources, the clearance, I am stunned clean up from the problems of the past. Our Department of Defense, for in- at the progress that can be made. We have some signature areas. The stance. I had been talking earlier about I am likewise troubled, and the gen- Massachusetts Military Reservation, my personal dismay that this adminis- tleman comes from the State that there is water pollution that threatens tration is bent on somehow exempting probably more than any in the country all of the water for the Martha’s Vine- the Department of Defense, the largest bears the scars of past shortcuts envi- yard area, but it is almost every dis- manager of infrastructure in the world, ronmentally. We could talk about an trict, every single State. Right now, we and, sadly, the source of some of the area the gentleman is well aware of in do not even know how many million most serious pollution. Rather than en- terms of the Hanford Nuclear Reserva- acres are polluted, for instance, with couraging, rather than giving the re- tion where we were in a rush to develop unexploded ordnance. sources to clean up after themselves, nuclear weapons before the Nazis, but I think the gentleman’s point is well they are talking about exempting from now we are spending billions of dollars taken. I am hopeful that we do not sus- the Clean Air Act, the Clean Water a year to clean it up. pend these five critical environmental Act. I know the gentleman from Wash- Mr. INSLEE. Mr. Speaker, if the gen- laws. Not only will it put the health of ington has given thought to the notion tleman will yield, that is true. And the the American public at risk, but it also of what will happen if we gave a little Hanford site, this is going to be a 50- threatens the men and women in the bit of the money we are giving now to year recovery effort. military who are around these areas. the Department of Defense, almost $1 But some of the problems in the And, last but not least, we face a sit- million a minute, if a little of that State of Washington, perhaps less uation now where there are some prob- were devoted to making sure that we known, but every bit as concerning, are lems of military readiness. There are had the most energy-efficient military water quality issues now, of some of fewer and fewer areas that the military in the world. the toxic chemicals that have been, by can train by going in, treating them Mr. INSLEE. Mr. Speaker, if the gen- necessity, associated with the Depart- right, cleaning them up, solving envi- tleman will yield for a minute, I am ment of Defense sites. And I can say ronmental problems. It is going to save glad he brought this point up, because without hesitation that the people of the military problems in the long run, we out in Washington State think the Tacoma and Federal Way and and it is going to extend the life of administration’s effort to essentially Paulsville, Washington do not believe these scarce areas where important gut, and it really is gutting, five major it is necessary to allow a degradation training takes place that is critical to environmental bills for the Department of their drinking water standards in military readiness. of Defense activities is seriously mis- their kids’ drinking water in order to Mr. INSLEE. Mr. Speaker, if the gen- guided. The reason I say that is out in have the most secure Nation we have. tleman will yield, he just prompted a Washington, we have a whole host of And the reason they are confident of thought. military establishments. We have the that is they have seen the dedicated One of the problems on this sort of Akamai Firing Center in eastern Wash- men and women of the Army and Navy assault on environmental protection by ington. In my district we have the Ban- work with these communities to solve this administration is that it is not gor Nuclear Submarine Facility. We these problems. just one front, it is a multifront as- have the Puget Sound Naval Shipyard. So they cannot understand why this sault on environmental protection. One And at every single one of those sites, administration would come in for what that the gentleman just alerted me to we have had the Department of Defense appears to be simply idealogical rea- is the attempt to weaken our ability to work with our local communities and sons and gut the protections that have successfully prosecute Superfund toxic we have solved some of the environ- assured citizens that their Federal waste dump cleanups, and the gen- mental challenges without any great Government is not going to let tetra- tleman may have talked about this failure of training or security. chloride or some of these other heavy this evening, I do not know. But in my The Department of Defense has metals get into their drinking water. It district, I live right across the harbor worked with these local communities just does not make any sense to them from a site called the Waco Creosote to solve a problem with the sage grouse when we have been able to solve these Plant. It was an old creosote plant, at the Akamai, to solve the problem of problems because of the flexibility that where a lot of the lumber they brought water quality in the Puget Sound the gentleman alluded to. in, in fact some I think may have gone Naval Shipyard, to solve a salmon So we hope that this effort will be to the Panama Canal construction habitat issue at the Bangor facility. beaten back and that the common project, was created there. Creosote is And this proposal to gut these environ- sense that has been used, both by the really effective at killing little bugs mental protections is really a solution Department of Defense and our local that might get into your pilings, but it looking for a problem, because the De- towns around this country, will pre- is very, very toxic. It has some very, partment of Defense in the State of vail. very nasty chemicals in it. Washington, one of the most heavily Mr. BLUMENAUER. Mr. Speaker, That stuff is on a point at a harbor defense-oriented places in the country, the gentleman raises very important right across the bay from where I live has not experienced any particular points from his own experience. on a little island just west of Seattle. qualm or difficulty in solving this I had been working on areas of mili- That Superfund site now, to clean it problem. tary toxins and unexploded ordnance, up, is costing tens of millions of dollars Mr. BLUMENAUER. Mr. Speaker, I and have been frankly amazed at the to successfully clean up that creosote, think that is telling. There is already, breadth of the problem, in every State because it is leaking into Puget Sound as the gentleman well knows but unfor- in the Union, coast to coast, areas now, and that stuff is a carcinogen and tunately the public is not aware, there right here in the District of Columbia. we believe it has caused some pretty are opportunities in the case of na- Eighty-five years after the conclusion awful things to happen to the fish that tional defense exigency for the suspen- of World War I, there are still cleanup a lot of people like to eat. In fact, the sion of this legislation. But the gentle- operations taking place on the Amer- shell beds, the shell beds are closed men raises a point that mirrors my ex- ican University campus, which was the around this area. You cannot eat the perience time and time again. The site of American chemical weapons clams and oysters and the like. characteristics, the leadership, the production and testing during World But the administration, despite the training, the commitment, that makes War I. We have yet to clean that up, ongoing demand to clean up not this our men and women in the Armed not because the men and women in the one, but thousands of toxic waste Forces the finest fighting force in the military do not know how to do it, but dumps around the country, has decided world also makes them uniquely quali- it has been a failure of commitment on not to fund those by canceling the tax fied to solve problems. And when they behalf of several administrations, in- that would pay for this cleanup. That are given an opportunity, whether it is cluding this one. Congress has been are now paid by the polluters. Before

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.141 H08PT1 H2928 CONGRESSIONAL RECORD — HOUSE April 8, 2003 we have had a policy that the polluters mental protections since the President tion announced last November a pro- will pay to clean up this pollution, assumed office. But not through out- posal to increase the number of snow- rather than John Q. Citizen. This ad- right legislation, not putting it before mobiles in both Yellowstone and Grand ministration wants to take the cost of the American public and having a dis- Teton National parks by 35 percent. the cleanup of this creosote toxic waste cussion about what our values are, Now, against the wishes of the Amer- dump, and there are thousands arose what we are trying to protect and how ican public, the EPA, the National the country, and take it off of the pol- best to encourage more environmental Park Service, the administration has luters who put the creosote in the protection. decided to jeopardize the health of the ground, who should be morally, ethi- We have been having a series of late park’s ecosystem and employees in cally, and legally responsible for that, Friday afternoon rule changes and areas that President Bush in the cam- and put it over on the taxpayers, so the clarifications at a time when asthma paign referred to as ‘‘silent places un- taxpayers have to pay for this cleanup. and cancer rates are on the rise. When worn by man.’’ Well, I can tell the gentleman that people in Alaska are seeing tropical in- Finally, I want to mention, Mr. my neighbors do not think it should be sects, when we are having roadways Speaker, the environmental rollback their job to clean up the creosote that buckle, permafrost is disappearing, the that will have a significant impact in these companies put in the ground, be- public knows that we should be my community in the Pacific North- west, the national roadless policy. Near cause they were not following the law strengthening, not weakening, environ- the end of his term, President Clinton for decades. And we believe the admin- mental laws. We are not just seeing a restricted logging and road building in istration is flat wrong in trying to take broad depth and breadth of changes, almost 60 million acres of national for- care of these special interests by put- but we are seeing them done under the est. This was after the most extensive ting that enormous cost of these clean- radar screen. For example, we have seen a series of rollbacks occurring on public input process in the history of up efforts on to people who are playing our national park system. There were by the rules, earning a paycheck, pay- Friday afternoons, during the holiday season, when Congress is not in session over a million and a half public com- ing their house payment, and they are ments. Over 600 public hearings. Well, a and when the public’s attention is di- now having to pay their taxes for that district judge in Idaho placed an in- verted. For example, the EPA an- Superfund cleanup. junction on the rule. The Bush admin- nounced its biggest rollback of the Mr. Speaker, it is one manifestation istration did not choose to contest it. Clean Air Act since its inception on the of how special interests here in this Luckily, in one of the few victories afternoon before Thanksgiving and an- Chamber have got their way when they that those of us who care about the en- other on New Year’s Eve calculated to should not get their way. These clean- vironment have had recently, the 9th try and shield the action from the pub- ups ought to be borne by the polluters. Circuit Court has upheld the roadless Not only is it an equity issue, but the lic. Three of the most egregious rule, which will effectively protect it clear fact of the matter is that because for the time being. But this reckless of the costs associated, these are bil- rollbacks occurred first earlier this year when we had proposed changes to degradation of our Nation’s air, water, lions and billions of dollars, one little forest, and soil protection will have a cleanup on my little island, it is about the Clear Water Act that will have sweeping impacts on 20 million acres of severe and long-term impact on the 16 acres, is going to cost something planet, leave a far greater legacy of en- like $20 million or $30 million, and we wetlands across the country. Now, these rules changes were in response to vironmental problems that our chil- need to repeat that across the country dren, not us, our children will be left to to keep this stuff out of our water. If a Supreme Court decision that very narrowly interpreted the Clean Water manage. we do not keep that polluter-pays con- And I hope that the American public Act and brought attention to what bod- cept, these jobs are not going to get will focus on what Republican consult- ies of water the act should apply to. done. ants like Frank Luntz are suggesting, Now, instead of advancing clarifying So this is related to the issue, and I understand the significant impacts of legislation that would make clear we just want to point out that it is not the environmental rollbacks proposed, and want to protect these precious wet- only assault that we suffer. understand that there are significant lands, half of which are gone already, opportunities, not just for the Amer- b 2030 some communities have lost 90 percent ican public and the environmental Mr. BLUMENAUER. Mr. Speaker, I of their wetlands, deteriorating the community, but significant environ- appreciate the gentleman’s comments. quality of water, increasing threats to mental opportunities like I mentioned I appreciate his leadership and look flood, instead they have proposed leav- this evening in terms of environmental forward to working with him on en- ing out lots of, these appear to be de clean up with the Department of De- ergy, on defense, and on the areas gen- minimis efforts, they want to talk fense that will save tax dollars, that erally of making sure that we are about creeks, small streams, natural will protect the environment for gen- strengthening, not weakening, our en- ponds, types of wetlands like bogs, erations to come, that will improve vironmental protections. marshes, prairie potholes. These will military readiness, and not be at the In conclusion, Mr. Speaker, I know all be waterways no longer protected expense of the health of our commu- the time is about up, I know you will by the Clean Water Act. They sound de nities or our men and women in the be disappointed, but I want to summa- minimis, but they are part of the crit- fighting forces. rize because it is important for us to be ical green infrastructure that has pro- I hope that instead of greenwash, in- working with friends like the gen- tected our communication for genera- stead of rhetorical flourishes, instead tleman from Washington (Mr. INSLEE) tions. Now they will all be vulnerable of dodging the issues and obscuring the and others to focus on actions, not just to dredging, filling, and waste dump- record, I hope that the administration rhetoric. ing. will join with people on both sides of And one of the things that I have I mentioned earlier the confusion the aisle who care about the environ- found most disconcerting as I have surrounding the snowmobiles in some ment and give the American public watched what this administration has of our country’s most beautiful na- what they request in terms of livable done is taking Mr. Luntz’s advice to tional parks. During his Presidential communities, protected open space, not be rolling back regulations but, as campaign, candidate Bush spoke of pro- clean air, and clean water. It is within they call it, updating Washington’s tecting national parks as an ongoing our grasp. It is within our budget. I rules on the environment. Now, he has responsibility and a shared commit- hope that it is within our will before been encouraging Republicans not to ment of the American people and their we adjourn. attack the principles behind environ- government. The budgets, I will men- f mental protections, but to try and tion, cut funding to this ongoing re- shift things around in terms of the reg- sponsibility. And even though the pub- WHY WE NEED AFFIRMATIVE ulatory configuration. Well, the Bush lic has spoken out again and again in ACTION administration has made significant favor of banning snowmobiles from The SPEAKER pro tempore (Mr. and far-reaching changes to environ- areas like Yellowstone, the administra- KLINE). Under the Speaker’s announced

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.143 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2929 policy of January 7, 2003, the gen- Tonight you will be hearing from sis by the level of their inconvenience. tleman from Florida (Mr. MEEK) is rec- members of the Congressional Black In other words, if they are going to be ognized for 60 minutes. Caucus commending these students and inconvenienced, they do not do any- GENERAL LEAVE other Americans for participating in thing. And it is so pleasing to see these Mr. MEEK of Florida. Mr. Speaker, I this democracy, standing on behalf of young people know that they were ask unanimous consent that all Mem- equal opportunity, standing on behalf going to be inconvenienced but still bers may have 5 legislative days within of fair play for all that makes America stand up. which to revise and extend their re- great. Mr. Speaker, those who cite Dr. marks and include extraneous material We want to make sure that orga- King’s dream to support their assertion on the subject of the Special Order nizers and those individuals that came that this Nation must be color blind to today. to march here on Washington know the racial exclusion that continues to The SPEAKER pro tempore. Is there that not only are Members of the Con- plague America should take the time objection to the request of the gen- gress but members of the military are to read what Dr. King actually had to tleman from Florida? supporting them 110 percent for stand- say. I recall for you and for this House There was no objection. ing for what they believe in. And to- that Dr. King once wrote a book enti- Mr. MEEK of Florida. Mr. Speaker, night, Mr. Speaker, I would like to rec- tled ‘‘Why We Can’t Wait.’’ every week the Congressional Black ognize some Members to be able to Anyone who reads his words will un- Caucus comes together here for an speak before us and share some com- derstand that the unwaivering focus of hour on the floor to not only speak of ments as we go to not only commend Dr. King’s life was his unrelenting events that took place in the Congress but also talk a little bit about the im- struggle for universal justice and inclu- but also in our Nation. And this week portance of affirmative action. sion in every important area of Amer- we are coming together as a caucus and Our chairman, the distinguished ican life. to be able to share with Americans and Member from Maryland (Mr. Mr. Speaker, the peaceful demonstra- those that came to Washington, DC, on CUMMINGS), Mr. Speaker, I would like tors out there on the Capital’s streets April 1 of this month to march in front to recognize at this points. last week were advancing a simple, elo- of the Supreme Court on the march on Mr. CUMMINGS. Mr. Speaker, I quent, and peaceful demand for more Washington. thank the distinguished gentleman for justice and opportunities in their lives We rise today to commend the cour- yielding, and I also will take a moment and, yes, for generations yet unborn. age of these college students and young to thank him for organizing this Spe- They were marching in the footsteps of adults that participated in the march, cial Order on behalf of the Congres- heroes like our good friend and col- held forums and also held workshops sional Black Caucus. league, the gentleman from Georgia on affirmative action and the positive Mr. Speaker, I rise to applaud the (Mr. LEWIS), and the recently departed benefits of it. young Americans of our time who by Reverend Josiah Williams. While the marchers were assembled the tens of thousands are standing up b 2045 in front of the Supreme Court, men and for what Dr. King dreamed about. They women of every color, every nation- JOHN LEWIS’ contribution to America stood on the streets of our Nation’s ality stood together in front of the Su- reminds us that the men and women capital as my colleague, the gentleman preme Court, whether it be in front of who led that 1965 ‘‘Bloody Sunday’’ from Florida (Mr. MEEK) said, many of the bench as proponents or opponents march for voting rights across Selma, them sleeping in the cold of night, try- of affirmative action or behind the Alabama’s Edmund Pettus Bridge were ing simply to make a difference. bench with the responsibility to uphold also young and brave. Last week, lawyers argued in the Su- the Constitution. So I rise today, Mr. Speaker, to de- Students came from far and wide, preme Court debating the merits of the clare that the young Americans of from as far as California, as close as University of Michigan admissions today are determined to change our fu- here, right here in Washington, DC, to case. As the justices pondered the con- ture for the better. They have the seed be able to speak on behalf of those who stitutionality of policies of inclusion in of greatness within them. They believe did not have the opportunity to speak America’s great public universities, that they too can change the course of for themselves on that day. 250 col- young Americans of every racial back- history and change the course of des- leges, universities, high schools, mid- ground marched for justice on the tiny. They are justified in this faith. dle schools, and other community orga- streets of Washington, D.C. These Principled acts of citizenship con- nizations mobilized themselves for this young people filled my heart with hope vinced Virginia Tech’s Board of Re- national march on Washington with and pride, Mr. Speaker. They fully un- gents just last week to restore that thousands attending. derstand, as Dr. King often declared, university’s policy of inclusion. Today we commend them, today we that to change America for the better Mr. Speaker, from their college dor- commend them for fighting for our we must be prepared to exercise the mitories and homes throughout the children. I commend them personally full measure of our citizenship. And United States, the young people of for standing for my 5-year-old and 8- they also understand that their acts of America are watching what we say and year-old son and daughter. These stu- citizenship are inextricably inter- do in this great chamber of democracy dents participated for equal justice. twined with universal educational op- tonight. They have sent us a powerful They marched for equal opportunities. portunities. message and they are waiting to see They stood for equal protections side I should also note, Mr. Speaker, that how we respond. Their message is the by side, men and women alike. So they last week America marked the anni- same challenge Dr. King delivered in have come without any reservations. versary of that tragic moment in 1968 the years of my youth when he said, Some stayed out overnight in front of when Dr. King was killed while stand- ‘‘Now is the time for all of us to move the Supreme Court just to hear, just ing up for what is simply right. A grow- forward, not retreat, on the road to- for a moment or two the arguments ing number of young Americans are ward a more just society.’’ Dr. King de- that were argued on that day. honoring that sacrifice in our time. clared, ‘‘Now is our time. We cannot Some did not get an opportunity to They are determined, as members of wait.’’ go in. Some traveled all night. Some the Congressional Black Caucus are, to Today, our young people are remind- students missed class and had to go realize Dr. King’s dream for America ing us that their lives are moving for- back and make those classes up or now, not in some distant time. They ward in time. They are telling us that exams. Some had to ask their loved understand that a dream deferred is in- they deserve justice and opportunity ones to take other loved ones to the deed a dream denied. They care about now. And we who hold national posi- doctor, to feed their children, to be somebody other than themselves. But tions of trust should be listening to able to do things that they would ordi- more than caring, they were willing to what these young Americans are say- narily be doing if they did not have to share their time, their convenience, ing, Mr. Speaker. We must listen and come to Washington. But that is all and their efforts to speak out. we must act accordingly and we must part of our democracy that we cherish It has often been said that so many synchronize our conscience with our and that we love. people measure their responses to a cri- conduct.

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.146 H08PT1 H2930 CONGRESSIONAL RECORD — HOUSE April 8, 2003 As I bring these brief remarks to a up our young people and salute them So the young people who came, my close, permit me to recall for you what for all that they are. colleagues, and I know we all saw them Dr. King declared during a freedom Mr. MEEK of Florida. Mr. Speaker, I from all walks of life, from universities rally in St. Louis back in 1957. He said, am going to yield now to a distin- all over this country, they came to say ‘‘The destiny of our Nation is involved. guished gentlewoman who is a member to this Supreme Court, please do not We can’t afford to slow up. The motor of the Committee on Appropriations, shut the door of opportunity now. We is now cranked up,’’ Dr. King went on the gentlewoman from the 13th Con- are ready. We have been raised, we to say, ‘‘we are moving up the highway gressional District of Michigan (Ms. have excelled, and we need you to keep of freedom toward the city of equality. KILPATRICK). the doors of our public universities We can’t afford to slow up because our Ms. KILPATRICK. Mr. Speaker, to open. Nation has a date with destiny.’’ our fine colleague, the former State Now, this case at the University of I was a small child when Dr. King Senator and now Congressman from Michigan not only affects that univer- spoke in St. Louis about our national Florida, for coming in and taking the sity, as my colleagues know, but edu- date with destiny, Mr. Speaker. Now mantle of leadership by the hand and cational institutions all over America. our own children’s shared destiny is at helping to move our country forward, I Over 100 businesses have filed amicus stake, whatever the color of their skin want him to know he is to be admired. briefs with the court. General Motors, may be. And we are the ones to whom He is certainly a fine symbol for young headquartered in my district; Micro- they are looking for a renewed America people all over this world to know that soft, and many other corporations in of universal opportunity. when we speak up and have a con- this country have filed briefs to say We must do what is required, Mr. science about what we believe, our that a diverse workforce not only Speaker. America’s young people can- families are better, our people are bet- strengthens our companies and helps to not wait, and we thank them for being ter, and our countries are better. So I increase the bottom line, but allows impatient. thank the gentleman for coming here. our workers to have the mix and expe- Mr. MEEK of Florida. Mr. Speaker, I He really had big shoes to fill, but I riences of not only their own ethnicity just want to, number one, commend want Mrs. Carrie Meek to know that he but those of others. So this is not the the gentleman from Maryland as not is doing a wonderful job and we are time, the corporations are saying, to only chairman of the Congressional very proud of him. turn the clocks back. Black Caucus, but being a part of this, I am honored and privileged to be As my colleague mentioned earlier, how should I say, coalition of not only here with my colleagues tonight for General Schwarzkopf and others, the Members of Congress, not only black what I consider to be one of the most highest elements in our military com- Members of Congress or women of Con- important issues we will ever consider mands, have supported the university’s gress, but Members of Congress that during my stay here in this United admission policy. They are saying do commend the organizers for bringing States Congress. The young people of not go back. The beauty of our Armed forth a march to be in support of af- America and the citizens across this Forces, yes, as we fight today in two firmative action. Even though it was country by the tens of thousands came foreign lands, in Afghanistan and also being argued in the courts, as we know, to Washington, D.C. last Tuesday, in Iraq, keep the doors of opportunity and as I mentioned that the retired April 1, to speak out and to dem- open. These are generals, former gen- military generals filed a brief in this onstrate, to assemble, as our Constitu- erals in our armed services, who know case, I am looking forward to talking a tion allows, to say to the world that we that a diverse military is what best little more about this tonight and also do not want our country to go back. We serves our country and they are sup- about the U.S. corporations as it re- want to go forward. We are the sons porting the University of Michigan’s lates to the diversity of what Dr. King and daughters of this civilization, and policy. talked about so long ago which has we believe that if we can go to war, we We all need to be aware, too, that not made America what it is. can also go to the universities, and only the young people who were here But I just want to congratulate the that the doors of the American univer- from all over the country, but the gentleman on behalf of myself, this sities funded by public dollars must young students at the University of Member from the 17th Congressional stay open. Michigan raised $50,000 themselves, District in Florida, with regard to It was wonderful to see all the people sent 12 buses of their children, young what the Congressional Black Caucus there. And I want to particularly talk people, to this Capitol of our United is doing in relation to sticking with about the young people, the young States. After the march, at noon, they this issue in the halls of Congress and faces that were there last week. I am a had another rally where thousands of also encouraging those to do what they graduate of the University of Michigan, young people came and said, Congress- are doing now. Ann Arbor, Michigan. I was born and woman, we are here because we want Mr. CUMMINGS. Well, I thank the raised in Michigan all my life. I think the court to hear us. We want the court gentleman for his comments, Mr. it is not coincidental that this case to know that we will do whatever is Speaker. As we engage in this dialogue being heard is from the University of necessary to be the best that we can this evening, I cannot help but think Michigan. This university of over 35,000 be, and we want the court to keep the about the mayor of Detroit. I shall students for many years has produced opportunity for doors to be open so never forget when he won, a young man leaders for this country, and has pro- that we can raise our children to have who had been prepared for that. He had duced fine scientists and teachers and the best opportunities in life, so they had an opportunity to get the kind of engineers and other kinds of people, can be the best citizens they can be, education that he needed to run a city, like so many other universities around and we believe an education is the key and a major city. It is just amazing to this country. to that. me that so often our young people are This is not the time to wipe out op- As was mentioned, I am a graduate of at the point of taking and grabbing portunity. It is a time to expand oppor- the University of Michigan. The two ahold of opportunity, but they have to tunity so that all God’s children can cases before the Supreme Court, one be equipped to do it. have a higher education experience. I for the undergraduate school, talks So this is what this is all about. believe that education is the key to a about a point system. There is a base These young people were not out there person’s life. The more of it that one of 150 points that can be had. A student partying, they were out there trying to gets, the more interaction one has with needs 100 points to be considered for cut a path and say, look, we are going people like oneself, but also people who admission. At least 80 of those points to make sure in our time and in our are different than we are, who come they get from scholastic ability, from space we make a difference for those from different backgrounds, this pre- middle school right through high future mayors of Detroit, so that peo- pares us to be the kind of citizen who school, with the SAT scores. So 80 ple so often overlooked will have op- can lead anything, who can make this points of that 150 can come from the portunities to lead and inspire others. country move forward, and can even, academic achievements from middle So I think this is one of the greatest yes, serve in this United States Con- school right through the high school things that our caucus could do to lift gress. experience. Then there are about 15

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.148 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2931 other categories, my colleagues, where preme Court to ask our Court, our jus- State of Michigan, the Motor City for other points can be had. For instance, tices, to keep justice in America. Keep what they did, and the corporations for if someone had a father or a grand- the doors open. I am very proud of the standing for what is right in this coun- father go to the university, they get young people. I want them to know try. what is called legacy points. If a stu- that many years ago, during the 1960s Ms. KILPATRICK. Mr. Speaker, let dent is from Michigan and they live in civil rights movement, I was one of me add that the mayor of the city of the upper peninsula, they get a certain those students. Detroit was here representing the young people. He is 32 years old and at- number of points. If they are from a so- b 2100 cioeconomic background that is low tended a historically black college; he and they need help, they get points. If Speak out against injustice. Our Con- is now a lawyer. It just demonstrates they are an athlete, they can also get stitution allows us to demonstrate and we can be anything that we want to be points to add to that. If they are from to assemble when we think something if we just rise up and speak out and be a minority class, African American, is wrong. Some countries do not have the very best that God asked us to be. Asian American, Latino American, or that opportunity. The University of Mr. MEEK of Florida. Mr. Speaker, I Native American, they can get points. Michigan is a fine university, as are yield to the gentlewoman from the Dis- It is amazing to me, with those few universities all over the country. What trict of Columbia (Ms. NORTON), who that I mentioned and at least 10 others, happens with this decision in the Su- has appeared before the Supreme Court why are we singling out the ethnicity preme Court will determine what kind as a lawyer many times. of that category? Why not the legacy of country we live in in the next 10, 20, Ms. NORTON. Mr. Speaker, I thank points? Why not if a student lives in an 30 years of this country. Stand up the gentleman for his leadership this underrepresented county, like the America. I thank the young people, and evening. I want to say to the gen- upper peninsula? This is not the time continue the struggle because it is tleman that his leadership is especially now to put the race card in American young people who must keep America appropriate because this Special Order society. We have our hands full just strong, and it is you who must have the is devoted to actions inspired by young keeping the doors of opportunity open opportunity to raise, defend, and build people, many of the age or close to the for all our institutions of higher learn- your families. God bless you. We are so age of the gentleman who leads this ing. This is not a time to confuse our proud of you. Special Order. He well may be the young people by telling them, yes, you Mr. Speaker, it is indeed an honor and privi- youngest member of the Congressional can go fight on the front line, but, no, lege to address the floor this evening and ac- Black Caucus, one of the youngest you cannot go to the university. Some- knowledge the efforts of the young people Members of Congress; and what we are thing is inherently wrong with that. from throughout our Nation who mobilized to here to talk about tonight has every- And what those beautiful students travel to Washington, DC to demonstrate in thing to do with young people and what and young people said last Tuesday support of the ideals associated with affirma- they themselves initiated on April 1, was, no, America, no, Supreme Court, tive action and the historic cases being con- first by some of them staying up all do not take our country back. Let us sidered by the Supreme Court regarding the night in order to prepare for the rally move forward in the greatness that University of Michigan admission policies for and to get into the Court, others com- this country is. the law school and the undergraduate pro- ing to go to a town meeting at Howard I had an opportunity to sit in the gram. University convened by the Chair of Court last Tuesday. It was a wonderful I am especially pleased to commend the ef- the Congressional Black Caucus at a experience. The young people were also forts of the students who traveled from Michi- wind-up rally. there in the Court, those who could get gan to demonstrate their support for, and com- Now April 1 is April Fool’s Day. That in, and we heard the arguments on both mitment to the University’s affirmative action is not why we are going to remember it sides. We know now that the Supreme policies. The efforts of U of M were particularly this year. We are not even going to re- Court will be deliberating, some say gratifying to me. I am an alumnus of the Uni- member it first and foremost because June, some say right through the end versity. I am a witness to the virtues of affirm- the University of Michigan case was ar- of this session, which will be later on ative action policies enacted by U of M. gued on that day. The University of in October-November when the Court is On April 1, on the steps of the Supreme Michigan case is largely to be remem- finished before we get our decision. Court, I was also a witness to the assemblage bered by the date it is decided, not the What we need people to do now, who of people from around the country, but espe- date it is argued. That is how we re- believe that America should be open cially from the great State of Michigan who member Supreme Court cases; but even for its citizens, for all citizens, that the braved the elements and other obstacles to that is not how we are going to remem- public universities of this country form a coalition believers and supports of af- ber April 1, 2003. should not be closed, that the military firmative action. I think we are going to remember opportunities should not be shut down, I am personally aware of the sacrifices the April 1, 2003, as the day that gave birth that corporate America continues to students made to come to Washington, DC. to a new American civil rights move- grow and expand and create work envi- The students were responsible for raising over ment, a second American civil rights ronments that all people from all back- $50,000 and bringing 12 buses of students. movement. This is not my character- grounds can participate in, if they be- The shining faces and fervent voices of the ization. This is how these young people lieve in a just and open America, we students were a sight to behold. Their efforts title themselves, and if I may say what need them to fax, to e-mail, to write were a testament to the importance of pre- their long title is, Coalition to Defend and to call the nine justices of the Su- serving affirmative action, and a message to Affirmative Action, Integration and preme Court. the Supreme Court Justices to do the right Fight for Equality by Any Means Nec- Those nine justices will be deter- thing. I salute the students and pledge to them essary, which they have boiled down to mining in the next several months I will continue to fight on behalf of affirmative the acronym BAMN. They came from whether the admissions policy should action. Finally, I offer my heartfelt thanks to everywhere. They came from every col- be upheld or if it should not be. So each and everyone of them for joining the co- lege and university in the District of those who are listening tonight, and we alition of black, brown, yellow, red and white Columbia, and they came from as far are happy that we are able as the Con- supporters of affirmative action. west and as far north as we can go. It gressional Black Caucus to bring the Mr. MEEK of Florida. Mr. Speaker, I is amazing that these students poured information to them, they should let thank the gentlewoman for assisting in in from all over the country. Why were their voices be heard. They need to the organizing and assisting young peo- the students here? speak out through fax, e-mail, writing ple coming to Washington, and also the There is the stereotype the courts or calling and let the justices know. pride and energy that I hear in her read the newspapers, and the courts This is the greatest country in the voice of this generation and genera- read the election returns. We all know world. We want to maintain that. Edu- tions after this particular generation that courts are independent and that cation is the key to that. to be stimulated and motivated to con- even rallies cannot and must not de- Young people have stood up to say tinue to struggle in the fight for equal cide how courts rule. Black people that we are here on the steps of the Su- opportunity. We appreciate the entire know that most of all because if rallies

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.149 H08PT1 H2932 CONGRESSIONAL RECORD — HOUSE April 8, 2003 or public opinion could have decided Rights Act, and it was my great privi- carry us back to where most higher how courts rule, we would never have lege to enforce title 7 and a number of education in the United States of gotten Brown v. Board of Education in other statutes under that act. Then America was for whites only, and that 1954 when the majority of American there was the 1965 Voting Rights Act, is what it was for when I went to col- people in the South were not for inte- the 1968 Fair Housing Act. Here is the lege. gration of public schools. Courts are work of one generation, the so-called Mr. Speaker, these students from col- independent branches of government civil rights generation. Over. Done. leges and universities around the which must rule by the rule of law. Even we were not naive enough to be- United States simply put America on So why were the students here? The lieve that, but we did think that we notice. They say, Court, do what you students are very sophisticated. That would continue to move forward and will and we hope you do the right is why they did not call themselves the would not be pushed back. But the only thing; but whether you do or not, students to influence the University of way not to be pushed back is to America be on notice there is a new Michigan case before the Supreme produce a new generation of freedom civil rights movement in this country, Court of the United States. They have fighters, to produce what these young and we are determined to finish the job called themselves the second civil people tell us they are, a new civil that the gentleman from Georgia (Mr. rights movement. They knew they rights movement; and that is who came LEWIS) and his colleagues in the civil were bigger than this case, and they to Washington on April 1. rights movement began. We are deter- knew that the Court when it raises its These folks came to Washington. mined to finish the work begun with hand must rule on the law as they see They did not go to where the gen- the march on Washington, and we are the law. I think this Court has been tleman from Georgia (Mr. LEWIS) went determined to finish the work still un- real wrong on the law, but they knew to Alabama or Selma, or to where I finished. And as long as we need affirm- that they were not going to essentially went, to the delta in Mississippi. They ative action and affirmative action is a affect this Court, even those who ar- came to Washington. We went South remedy, it is temporary, it goes away gued the Court are trying to affect one because that is where we saw the when the job is done, the numbers are justice in a closely divided Court where threat to be. They came to Washington built in the system, they are there so frankly we have lost most of these because they know that it is here that long as it takes to get and keep a crit- cases 5–4, not won them. They knew by the threat is now. They know it be- ical mass of the excluded coming in. what they called themselves, which did cause they see a President of the They say we are there as long as we not even have ‘‘Supreme Court’’ in the United States who has filed on the see other indications of inroads into title that what they were doing on wrong side of a civil rights case, and the work of the last generation, such April 1 was much bigger and more im- that has not happened in a very long as the judges that this President has portant than any single case in 25 years time. That has not happened in my continuously put forward. As long as since the Bakke case was decided. They lifetime. That President has placed he puts forward a Priscilla Owens, this knew that they could be in worse shape himself on the wrong side of history, generation says we will be there. Or as than their parents were because many long as he puts forward a Charles Pick- and they saw it and saw what kind of of their parents were like the Member, ering, we will be there because the the gentlewoman from Michigan (Ms. act it was. They saw the threat at the Supreme courts are the last great hope of any KILPATRICK), who went to the Univer- Court which has already taken down excluded people, or of any people treat- sity of Michigan, and here she is with affirmative action as far as it could go. ed unjustly. grandchildren who may not be able to They say, look, we see a whole new Interestingly, and I want to praise and enter the University of Michigan on species of intentional segregation with thank my colleagues, my colleagues that same basis. racial profiling which largely affects have not passed a single bill that has It took 100 years after the Civil War the younger generation, young black taken down affirmative action. All of to get to the enforcement of the Civil people on the streets subject to being the problems have come from the Su- War amendment, so the notion of get- stopped because of their race, color, or ting as far as we have gotten, which is preme Court, the 5–4 Supreme Court ethnicity. As long as that is there, this not even halfway home, is not what with us on the 4 end and they on the 5 generation has stepped up and said I do this generation is about. This genera- end, and a lot of it has been in areas not know where my parents are, but I tion has been touched finally by this like contracting with implications for have not gone away. We are still here. issue, affirmative action, as they have affirmative action and every other area We come to simply thank these not been touched by any other issue. as well. young people tonight and to encourage I am not critical that they have not These students from every college them to continue to take up the man- been touched by any other issue be- and university in the metropolitan re- tle and to say that we are going to do cause these are the beneficiaries of the gion and in the country saw that the whatever we can to be with them and civil rights movement. They mean to threat could well be in this Congress if behind them. We have asked only one see that they continue to be bene- the Congressional Black Caucus and its thing of this generation. We noted that ficiaries of the civil rights movement allies on both sides of the aisle did not they are underregistered, and we know and that they are not the generation continue to stand fast and say look, do if you are underregistered and if you do that lost the benefit of the civil rights not even go there. My colleagues know not vote, the powers that be will walk movement. that we have had to say that. In the all over you because people pay atten- My generation, and I see the gen- 1990s, we had to say do not even go to tion to people who vote. We have asked tleman from Georgia (Mr. LEWIS), who the floor with an amendment to take them to make sure that their move- I know from the Nonviolent Coordi- back affirmative action. We are going ment begins by getting every young nating Committee, and back then the to close down this House if that is what person at their university registered to entire spectrum of discrimination and you are going to do. vote and out to the polls. segregation was here. I went to seg- I will not say that is the reason that regated schools in the District of Co- it did not happen; there were Members b 2115 lumbia. Black people in the South on the other side of the aisle who be- We recognize that the incentives that could not vote, equal opportunity and lieved that was the wrong thing to do. their parents had to vote, the New Deal employment was not available north, I want to go on record right now pay- generation, the World War II genera- south, east or west, and housing dis- ing tribute to my colleagues on the tion, the civil rights generation, the crimination was the order of the day. other side of the aisle that have kept Vietnam War generation, are not there Inside of 15 years, a combination of that from happening. for this generation, but they have court suits and Federal laws changed Nevertheless, the threat is here. It is found their incentive in the University that, at least as a matter of law. As we not where it was for the last civil of Michigan’s case. We applaud them know today, not entirely as a matter of rights generation. The threat is here for using that case as the catalyst to practice, but as a matter of law. that can carry us back to Brown v. move forward with a new civil rights Brown v. Board of Education began it Board of Education. Yes, they say that movement. We applaud them for mak- all, and then there was the 1964 Civil because that is the effect and could ing April 1 a memorable and historic

VerDate Jan 31 2003 03:27 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.151 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2933 date for the people of the United States Vietnam War. We began to see changes tunities to small and minority busi- of America. when Thurgood Marshall argued before nesses and women-owned businesses I thank the gentleman for yielding to the Supreme Court. Then we moved and opportunities for education will be me. with Rosa Parks who refused to stand null and void, and we will be back in Mr. MEEK of Florida. Mr. Speaker, I up on a crowded bus in Montgomery, the history of the beginning of the 20th thank the gentlewoman from the Dis- Alabama, and a young man named century when the ugly head of Jim trict of Columbia (Ms. NORTON) for her Martin Luther King took her cause. We Crowism raised its head. What a trag- outstanding comments, and I want to came through that era, Mr. Speaker, edy to be here in the 21st century when thank those institutions of higher and we had the Voting Rights Act of the ugly head of Jim Crowism will learning in the D.C. area that took just 1965 and the Civil Rights Act of 1964. raise its head again. such a vital part in playing host to so We might be able to call that the sec- Allow me to close, Mr. Speaker, with many of these marchers. ond reconstruction. And it continued, a slight bit of history. Right now the Mr. Speaker, I yield to the gentle- Mr. Speaker, to the executive signing State of Texas is making noises about woman from Texas, Ms. SHEILA JACK- by Richard Nixon, bipartisan, a Repub- redrawing these voter rights districts. SON-LEE. lican, of affirmative action. Here I go again. I believe I have run Ms. JACKSON-LEE of Texas. Mr. As we moved through the second re- about six or eight times in the course Speaker, I thank the distinguished gen- construction, many of us, the doors of being elected to this Congress, be- tleman for his kindness for yielding, being opened, going into white institu- cause someone believes that the oppor- and I likewise, Mr. Speaker, want to tions, thought for a moment that we tunity for many of us to select the per- thank you for your leadership because would be able to lay our burdens down, son of our choosing is discriminatory, you are presiding over, I believe, one of that we would be able to find a resting protected by the Voter Rights Act of the more instructive hours that we place in this Nation where all of us 1965. It was in our State that the Solic- have engaged in in terms of speaking could be treated equally. The Declara- itor General first came, not as a Solic- to our colleagues and providing a his- tion of Independence says with certain itor General, to argue the Hopwood tory for this House, a history that has inalienable rights of life and liberty case and slashed the coattails of equal been painful, but I would admit a his- and the pursuit of happiness. opportunity in the State of Texas. For tory that has seen bipartisan collabo- But lo and behold, Mr. Speaker, we the last 5 years or so, we have seen ration and recognition that this Nation come to the 21st century, the age of droves of our young people leave the is a much better place for correcting technology, the age of promoting State because of the inability to get its ills. young people for all that they can be, into State institutions that they have Mr. Speaker, I serve on the House and find ourselves in the Supreme paid taxes for. Committee on the Judiciary, and the Court. And might I just say today that The tragedy is, to the distinguished experience has been both good and bad. all might hear, Mr. Speaker, I want all gentleman from Florida, who I join in I view it as one of the nobler commit- or nothing. I do not want a bifurcated his courageous effort to turn back the tees in this House because it is a com- hybrid decision. I will not accept it. I Jim Crowism in the State of Florida mittee that cherishes the Constitution. will not recognize it. My pronounce- when 25,000 people marched against But we have had our moments, and we ment will be, whatever the Supreme eliminating affirmative action, and we have even had a moment when discus- Court says in a hybrid decision, that can claim victory in their presence, but sions of eliminating the desegregation this United States of America has de- the Solicitor General was the lawyer orders to remove orders from districts nied me and the young people of Amer- who argued Hopwood. Gratefully, that that were engaged in busing was dis- ica their civil rights. Frankly, Mr. case went only to the Fifth Circuit, but cussed prematurely. We even had Speaker, I believe that we have a it destroyed the institutions of higher amendments proposed to eliminate af- unique chance in the world to show learning in Texas for a number of years firmative action. It was the wisdom of that America is better than that. when they sent Hispanics and African this House and the other body that saw So let me thank the wonderful thou- Americans fleeing from the State. The fit to join with those of us to recognize sands of bright stars, by any means tragedy is that this same gentleman that the time was not yet that we then necessary, who I had the pleasure of became the Solicitor General, and were able to turn those amendments speaking before them at the Lincoln rather than recusing himself because of back. monument. What an enormously pow- the potential of bias, engaged in the Mr. Speaker, I think it is important erful scene. I did not organize it. discussion at the White House, cre- to chronicle the history of African School presidents did not organize it. ating, I think, a bias to go and have Americans in this Nation. Obviously Congress people, Senators did not orga- the United States of America, my tax slavery is well known, but out of slav- nize it. They organized it. And I want dollars, the young men and women of ery came emancipation. Those of us in to thank them, and they will go down years past, who served in wars past, Texas heard of it 2 years later, recon- in history. who never reached their full promise struction that was short-lived in this I would like to acknowledge, likewise because they came back to a seg- Nation, and then the ugly head of Jim from Houston, Texas, the Shrine of the regated America, never reaching their Crowism raised its head in the early Black Madonna and Reverend Fana; dream, this United States of America 1900s. In fact, Mr. Speaker, George the NAACP, local chapter, the regional went into the courthouse, Supreme White stood in the well of the House chapter; the Houston Area Urban Court on April 1, 2003, and argued after he was drawn out of this august League. I would like to acknowledge against our interests. The first time, I body by segregationist legislators who Reverend James Dixon, Community of think, in the last 50 years of civil drew out the last African American Faith Church, as well as Carmen Wat- rights litigation that the United States and said that the Negro would rise like kins with Sunday Morning Live. All of did that. the phoenix. I can see him right now, this in Houston, by the way; 95.7 Power So, Mr. Speaker, as I close let me with a little suitcase and rope tied Radio and the Box 97.9, Ada Edwards. say, because I see such warriors on the around it, in his eloquent voice sug- All of these were local people who were floor like the gentleman from Georgia gesting that it may not be now but promoting the idea that we are Ameri- (Mr. LEWIS) and the gentleman from that the Negro would rise as a phoenix. cans, too. Texas Southern University, Louisiana (Mr. JEFFERSON), my good We went through the 1900s experi- holding a very unique Sunday town friend who was with me in Texas, many encing the tragedies of the deep South, hall meeting, very difficult to do that, of us had the pleasure of being in some the hanging trees as known to many of Mr. Speaker. way affiliated with these civil rights us. We saw our young men go off to But what I would say is that our movements, obviously some more at both World War I and World War II but work is not done. For if the Supreme the forefront, but our histories are come back to a segregated America. Court rules that affirmative action is intertwined with the visions of these Members of my family fought in World unconstitutional, Mr. Speaker, all of outstanding individuals and their lead- War II but, Mr. Speaker, came back to what we built up in openness of con- ership and their power. I simply say a segregated America. Korean War. tracting, in openness of creating oppor- that I stand here broken-hearted but

VerDate Jan 31 2003 04:23 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.153 H08PT1 H2934 CONGRESSIONAL RECORD — HOUSE April 8, 2003 not without strength, broken-hearted colored men, white women, colored the present, and that of the present and because my Nation failed me on April women. There was so much violence, so the future, in JOHN LEWIS and in 1. much fear, so much hate, and it was KENDRICK MEEK, a young Congressman And so that is why, Mr. Speaker, in the students following in the tradition who envisioned this hour for America. saying to these young people and en- of Martin Luther King, Jr., in the tra- Mr. Speaker, I rise to honor the couraging them for providing this kind dition of Gandhi. So sitting in, going many students that traveled all over of leadership, applauding them and on the Freedom Ride, marching all the country to rally in support of af- joining with them and suggesting that over the country, and by marching, by firmative action. Particularly I would we will never go back, never turn the sitting in or sitting down, really they like to acknowledge the many students clock back, it is my pronouncement have created the climate, the environ- from my own State, Louisiana, who today that I will accept nothing but a ment, to get the Civil Rights Act of made the journey. Students from Xa- full vindication of affirmative action in 1964, the Voting Rights Act of 1965. vier, Southern, Grambling, Dillard, and this Nation to the Supreme Court. throughout Louisiana, let me say I am b 2130 Whatever hybrid they decide to give very proud of you. would be unacceptable and we will Nothing but nothing, I tell you, noth- Martin Luther King, Jr., said, ‘‘Ev- march on to victory and we shall over- ing moved me more in the last 50 years, eryone can be great because everyone come. or maybe in the last 40 years, than to can serve.’’ It is in this spirit that I Mr. MEEK of Florida. Mr. Speaker, I see these hundreds and thousands of have dedicated much of my life to pub- thank the gentlewoman from Texas students really marching, protesting, lic service, and I found it very encour- (Ms. JACKSON-LEE), and I want to com- exercising their constitutional right. aging that on April 1, 3 days before the mend her not only on behalf of Ameri- In America we have a right to protest, anniversary of Dr. King’s death, thou- cans but also on behalf of myself and as Dr. King would say, protest for what sands of students honored him and all members of the Congressional Black is right. This type of protest helped that he fought for by actively getting Caucus for the workshop that she had move our country to the point to get involved and actively serving as well. in her district dealing with affirmative people to say yes, when they may have Mr. Speaker, it is shocking to ob- action prior to the Supreme Court a desire to say no. serve that 141 years ago, virtually hearing and commitment of those uni- These young people believe in the every African American in this country versities and individuals that she men- Constitution. They believe in America. would be somebody else’s property. tioned and those that went yet They, like many of us, believe in af- Just think about that: unable to earn, unmentioned, their contributions. So firmative action. It is the affirmed in- unable to learn, unable to hold wealth. we thank her. clusion, the participation of people, It is this legacy of subjugation, of dis- Mr. Speaker, at this time I can say where they are left out and left behind. crimination, of denial, over 400 years of that this is one of these moments that I like to think these young people were segregation, that justifies affirmative I am glad that God allowed me to live touched by the spirit of history. Some- action today. long enough for this moment to be able times there comes a time when you If the government, and it did, took to have such a soldier on behalf of fair have to be moved by the spirit of his- race into account to create this legacy opportunity, equal treatment for all, tory. of disabilities, then it is the govern- someone that had marks on his body In 1960, 1961, 1962, and 1963 we did not ment’s responsibility today to take on behalf of this country, with many have a fax machine, we did not have a race into account to obliterate them. other patriots that are here and that Web site, we did not have a cellular So it is particularly disappointing that have gone on. telephone. We had the Constitution. We 40 years later, after Dr. King’s historic I yield to the gentleman from Geor- had our bodies. And that is what these march to Washington, that we as a gia (Mr. LEWIS), Member from the Fifth young people had. They had ideas; they democratic Nation are still struggling District, distinguished member of the had the Constitution. to realize his dream; and 140 years after Committee on the Budget and the Com- I think when historians pick up their the emancipation of slavery, there still mittee on Ways and Means. pens and write about this period, Mr. exists two Americas, separate and un- Mr. LEWIS of Georgia. Mr. Speaker, Speaker, they will have to say that equal, one black and one white. As one I want to thank the gentleman from these young people that came to Wash- student’s sign read: ‘‘Surely 400 years Florida (Mr. MEEK), my friend and col- ington on April 1, not just college stu- of slavery is worth 20 points.’’ league, for holding this Special Order, dents, high school students, elemen- Without affirmative action, these and I want to thank all of the members tary school students, by the hundreds disparities will likely widen, not only of the Congressional Black Caucus for and thousands, they started, as the in education, but also in employment participating in this order tonight. gentlewoman from the District of Co- and property ownership and income I want to be very brief. I had gone lumbia (Ms. NORTON) said, a new civil levels. Yet, as Dr. King noted, ‘‘When- home and I turn on C-SPAN, and sup- rights movement. ever the issue of compensatory treat- per was happening, and I was deeply I say to them tonight, and to young ment for the Negro is raised, some of moved to come to the House floor and people and students all over our coun- our friends recoil in horror, because to say something. So I want to thank try, we will not go back, we will not while they agree that the Negro,’’ as he him again for doing what he is doing stand still. We will go forward. We will said, ‘‘should be granted equality, they because I think it is important that we create a truly interracial democracy in believe that he should ask for nothing take time to salute and pay tribute to America. We will create a beloved com- more.’’ the young people who came here on munity in America. For we are one I cannot tell you how proud I am of April 1. By coming here and standing people, we are one Nation. I say to all all our young men and women who at the steps of the Supreme Court, they of these young people, keep the faith; have worked tirelessly in participating were standing up for what is right, for do not give up, do not give in, do not in efforts to demonstrate supports of what is fair, for what is just. They were give out, keep your eyes on the prize. the University of Michigan. Students standing up for the very best in Amer- Mr. MEEK of Florida. Mr. Speaker, I of all races around the country have ica. thank the distinguished gentleman worked in some capacity to protest I remember when I first came to from Georgia for his contributions, not this attack on equal opportunity, real- Washington many, many years ago in only in the past but in the present. We izing that any successful attempt 1961, I was 21 years old, had all of my commend you. would be a major setback for our soci- hair, and I was a few pounds lighter, to Mr. Speaker, I yield to the gentleman ety as a whole. go on something called the Freedom from Louisiana (Mr. JEFFERSON). Numerous other students took action Ride during those days in Washington, Mr. JEFFERSON. Mr. Speaker, I and demonstrated and spoke out on but throughout the American South, thank the gentleman for yielding. their respective college campuses, such segregation was the order of the day. Mr. Speaker, we are witnessing today as my daughter Akilah and other We saw those signs that said white the best of the leadership of the civil young people at her college who did not waiting, colored waiting, white men, rights movement, that of the past and travel to Washington.

VerDate Jan 31 2003 03:44 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.154 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2935 I was especially pleased to join the the founding of this country. Affirmative action Another myth is ‘‘Affirmative action may Black Law Students Association from programs have helped to desegregate Amer- have been necessary 30 years ago, but the my alma mater, Harvard Law School, ica. Racial and societal discrimination is not playing field is fairly level today.’’ Not true, de- as one of several counsel on an amicus just limited to higher education. It also exists spite the progress that has been made, the brief. This brief was submitted on be- in voting, housing, employment, and many playing field is far from level. half of the Harvard Black Law Stu- other sectors of modern day society. Women continue to earn 76 cents for every dents Association, as well as those Equal rights in higher education must start male dollar. African Americans continue to from Yale and Stanford. somewhere. I agree that the University of have twice the unemployment rate, twice the As I stated then, I believe that we Michigan’s policy is clearly and rightfully de- rate of infant mortality, and make up just over live in a country that affords us great signed to attempt to make up for discrep- half the population of people who attend four liberties. However, for some Ameri- ancies that do not afford minorities and the years or more of college. In fact, without af- cans, the pursuit of these freedoms is economically deprived access to quality edu- firmative action the percentage of African hindered by tremendous barriers. Op- cation. American and Hispanic students at many se- portunities for some are limited be- Mr. Speaker, I ask my colleagues in the lective schools would drop to minuscule per- cause of America’s sins of the past. House of Representatives to join me in ex- centages of the student body. Therefore, it is incumbent upon us to tending my appreciation to all the students That decline would effectively choke off Afri- make conscious attempts to right who participated in last week’s demonstration can American and Hispanic access to top uni- these wrongs. Hence, initiatives like in support of equality and justice at America’s versities and severely restrict progress toward affirmative action. institutions of higher learning. racial equality. Affirmative action in education pro- Ms. CARSON of Indiana. Mr. Speaker, I rise Mr. Speaker, this is America and we can do grams, such as the one at the Univer- to pay tribute to the thousands of Americans better than that. So I commend the advocacy sity of Michigan, looks beyond stu- who voiced their support for affirmative action and passion of those who marched last week. dents’ limitations and sees their poten- admissions policies at colleges and univer- I have no doubt that they understand what tial, potential that may be realized if sities on April 1, here in Washington, DC. could be lost if this precious opportunity is presented the opportunity. More im- For twenty five years the affirmative action eliminated. portantly, affirmative actions, like the policies at our nation’s colleges and univer- f one at the University of Michigan, ben- sities have produced a stronger and better efits not just African American stu- educated America. We must not turn the clock IN SUPPORT OF AFFIRMATIVE dents, but all students. back now when so much is at stake for the fu- ACTION Mr. Speaker, it promotes a diverse ture of America. The SPEAKER pro tempore (Mr. student body, which provides an edu- Mr. Speaker, I am proud that 25 Indiana BURGESS). Under a previous order of cation that equips our future leaders, University School of Law-Indianapolis students the House, the gentleman from Georgia both black and white, with the capa- journeyed to Washington last week to say that (Mr. LEWIS) is recognized for 5 minutes. bilities to successfully function in a di- affirmative action policies strengthen not Mr. LEWIS of Georgia. Mr. Speaker, verse society. weaken this nation. I yield to the gentlewoman from Texas Mr. Speaker, it was our hope during Vanessa Villegas-Densford was one of (Ms. JACKSON-LEE). the civil rights movement many years those law students. Vanessa, the daughter of Ms. JACKSON-LEE of Texas. Mr. ago that we were fighting this battle Puerto Rican immigrants, arrived in this coun- Speaker, I thank the gentleman very now so that our sons and daughters try when she was 8 years old. She didn’t much. I will not take all the time. I would not have to fight it later. And would like to be able to yield to the though I am dismayed that still this speak English and was placed in classes for learning-disabled students. She worked hard gentleman and to a number of our col- fight goes on, even today, I am heart- leagues on the floor, but I note that we ened by the tremendous number of to overcome so many obstacles and her are blessed by the presence of some of fresh soldiers for civil rights, eager, ac- dream is to practice law and serve the His- the warriors that were engaged in the tive and capable of engaging in the bat- panic American community. Her dreams, de- heroic and historic day on April 1, 2003. tle and winning the struggle. I com- termination and drive to serve, balanced an What I wanted to encourage with the mend them all. average law school test score and won her chairman of our august body here is to I thank the gentleman from Florida acceptance at 9 of the 12 law schools to restate I believe the willingness of (Mr. MEEK) for yielding to me. which she applied. She attends Indiana Uni- Mr. MEEK of Florida. Mr. Speaker, I versity School of Law-Indianapolis. members of this caucus and Members thank the gentleman. His comments Without affirmative action, the Hispanic of this House to be able to be on the were very appropriate for the moment community, Indiana and America may well campuses of these outstanding stu- and the time. have missed the bright promise that Vanessa dents who have taken up the challenge, Ms. EDDIE BERNICE JOHNSON of Texas. offers in spite of her average law school test the bloodstained banner, if you will, to Mr. Speaker, I would like to commend all score. be able to be on their campuses, pro- those who participated in last week’s protest Gerald Bepko, interim President of Indiana nouncing our commitment that we will of the University of Michigan’s admission’s University School of Law-Indianapolis is never go back, and to restate what has policies. quoted in a recent Indianapolis Star article been stated by all of you, that affirma- Many students from institutions across this saying, ‘‘You cannot rely on numbers (test tive action is not a handout, it is a great nation traveled to the nation’s capitol to scores and grades) alone. You need to know hand up, and to clearly indicate that have their voices heard on this issue. Thou- the person.’’ what we have occurring to us, meaning sands of students from Howard University to I’m proud that Indiana University supports opportunities, is not to deny others. Harvard University, walked from the Supreme an affirmative action admissions program. So I hope that we will be able to, if Court to the Lincoln Memorial chanting, ‘‘Sav- It’s sad, Mr. Speaker, when our young peo- you will, make it very clear tonight ing Affirmative Action.’’ ple can see this nation embroiled in conflict in that this is not the last time that we Affirmative action ensures that all people the highest court of the land, not about the will be engaged in this discussion, de- have all equal rights. Affirmative action is one athletic factor or the alumni factor or the leg- bate, but that we will be out at the of the most effective solutions to diversifying a acy factor in college admissions, but race. campuses surrounded by or hand in historically unfair society. The case against affirmative action is weak, hand with these outstanding new civil Mr. Speaker, I would like to take a moment resting, as it does so heavily, on myth and rights activists of the 21st century. to say ‘‘thank you’’ to the countless students, misunderstanding. I want to thank the distinguished volunteers, and workers who believe in this One myth, ‘‘The only way to create a color- gentleman and thank the distinguished historically significant effort. It is vital that blind society is to adopt color-blind policies.’’ gentleman from Georgia and would be America’s higher education system continue The facts show that a so-called color-blind happy to yield to the distinguished the critical role in preparing our students to be system tends to favor White students because gentleman or yield to the gentleman leaders in business, law, medicine, education, of their earlier educational advantages. Unless from Florida to comment. and other pursuits that affect public interest. preexisting inequities are corrected or other- Mr. LEWIS of Georgia. Mr. Speaker, Societal discrimination has adversely af- wise taken into account, color-blind policies do reclaiming my time, I thank the gen- fected institutions of higher education since not correct racial injustice—they reinforce it. tlewoman for her comments.

VerDate Jan 31 2003 03:44 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.155 H08PT1 H2936 CONGRESSIONAL RECORD — HOUSE April 8, 2003 Mr. Speaker, I yield to the gentleman SPECIAL ORDERS GRANTED tion of a hydroelectric project in the State of Illinois from Maryland (Mr. CUMMINGS). By unanimous consent, permission to Mr. CUMMINGS. Mr. Speaker, I want H.R. 672. An act to rename the Guam address the House, following the legis- to thank the gentleman for yielding. South Elementary/Middle School of the De- Mr. Speaker, let me just say in re- lative program and any special orders partment of Defense Domestic Dependents Elementary and Secondary Schools System gards to what the gentlewoman from heretofore entered, was granted to: (The following Members (at the re- in honor of Navy Commander William Texas (Ms. JACKSON-LEE) just said, just ‘‘Willie’’ McCool, who was the pilot of the this evening, Mr. Speaker, we held a quest of Mr. HOEFFEL) to revise and ex- tend their remarks and include extra- Space Shuttle Columbia when it was trag- conference, a teleconference, with stu- ically lost on February 1, 2003. neous material:) dent leaders from all over the country. f And it was such an exciting event. We Mr. LIPINSKI, for 5 minutes, today. have already come to an agreement Mr. DEFAZIO, for 5 minutes, today. ADJOURNMENT that we are going to take all of that Mr. HOEFFEL, for 5 minutes, today. Mr. LEWIS of Georgia. Mr. Speaker, energy that they had back here on Mrs. CHRISTENSEN, for 5 minutes, I move that the House do now adjourn. April 1 and we are going forward. today. The motion was agreed to; accord- As our first Vice Chair has said, we Ms. KAPTUR, for 5 minutes, today. ingly (at 9 o’clock and 44 minutes will be traveling from campus to cam- Mr. INSLEE, for 5 minutes, today. p.m.), the House adjourned until to- pus and organizing here in Washington Ms. JACKSON-LEE of Texas, for 5 min- morrow, Wednesday, April 9, 2003, at 10 and across the country, because we re- utes, today. a.m. (The following Members (at the re- alize that all of our young people, that f one day it should not end there, but it quest of Mr. NORWOOD) to revise and ex- must go forward. So we will be doing tend their remarks and include extra- EXECUTIVE COMMUNICATIONS, that. neous material:) ETC. Mr. LEWIS of Georgia. Mr. Speaker, Mr. PENCE, for 5 minutes, today. Under clause 8 of rule XII, executive reclaiming my time, I would say to the Mr. GUTKNECHT, for 5 minutes, today. communications were taken from the gentleman from Maryland (Mr. Mr. MCCOTTER, for 5 minutes, April 9. Speaker’s table and referred as follows: CUMMINGS), Mr. Chairman, I want to Mr. JONES of North Carolina, for 5 1702. A letter from the Acting Principal thank you for what you are suggesting, minutes, April 9. Deputy Associate Administrator, Environ- your recommendation and your plan of The following Members (at their own mental Protection Agency, transmitting the action. It reminds me of another period request) to revise and extend their re- Agency’s final rule — Lactic acid, ethyl ester in our history when we just got out marks and include extraneous mate- and Lactic acid, n-butyl ester; Exemptions from the Requirement of a Tolerance; Tech- there and did what we had to do. rial: Mr. CUMMINGS. Mr. Speaker, if the nical Correction [OPP-2002-0-217; FRL-7298-4] Mr. DAVIS of Illinois, for 5 minutes, received April 1, 2003, pursuant to 5 U.S.C. gentleman will allow me, there is a today. saying I love. It says, ‘‘In our time, in 801(a)(1)(A); to the Committee on Agri- Mr. LEWIS of Georgia, for 5 minutes, culture. our space, we will make a difference, today. 1703. A letter from the Acting Principal with God’s grace.’’ Deputy Associate Administrator, Environ- Mr. LEWIS of Georgia. Mr. Speaker, f mental Protection Agency, transmitting the I thank the gentleman. SENATE BILLS REFERRED Agency’s final rule — Modified Acrylic Poly- Mr. Speaker, I yield to the gentleman mers; Revision of Tolerance Exemption from Florida (Mr. MEEK). Bills of the Senate of the following [OPP-2003-0079; FRL-7297-8] received April 1, Mr. MEEK of Florida. Mr. Speaker, I titles were taken from the Speaker’s 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the just wanted to say that not only all of table and, under the rule, referred as Committee on Agriculture. the Members here, but the Members follows: 1704. A letter from the Under Secretary, who could not be here that did place in- S. 164. An act to authorize the Secretary of Department of Defense, transmitting the De- partment’s report for purchases from foreign formation in the RECORD, it is such an the Interior to conduct a special resource study of sites associated with the life of entities for Fiscal Year 2002, pursuant to honor to be here, coming from Florida. Public Law 104—201, section 827 (110 Stat. So many of you were involved in that Ce´sar Estrada Cha´ vez and the farm labor movement; to the Committee on Resources. 2611); to the Committee on Armed Services. effort there to save and work towards a 1705. A letter from the Deputy Secretary, S. 212. An act to authorize the Secretary of better affirmative action in Florida Department of Defense, transmitting the De- the Interior to cooperate with the High and this country. partment’s report regarding assured access Plans Aquifer States in conducting a to space for the United States; to the Com- Words are inadequate to even de- Hydrogeologic Characterization, Mapping, mittee on Armed Services. scribe the kind of work that is going to and Modeling Program for the High Plans 1706. A letter from the Under Secretary, have to be done for the understanding Aquifer, and for other purposes; to the Com- Department of Defense, transmitting a re- of this country of how important af- mittee on Resources. port entitled, ‘‘Development of Research, De- S. 278. An act to make certain adjustments firmative action is. I tell every Amer- velopment, Test, and Evaluation Programs to the boundaries of the Mount Naomi Wil- ican, if you have a daughter and a and Activities Beginning in FY 2004’’; to the derness Area, and for other purposes; to the mother, and obviously we all do, you Committee on Armed Services. are for affirmative action. Committee on Resources. 1707. A letter from the Director, Defense I commend those individuals that S. 328. An act to designate Catoctin Moun- Procurement and Acquisition Policy, De- came before us, and the NAACP and tain Park in the State of Maryland as the partment of Defense, transmitting the De- ‘‘Catoctin Mountain National Recreation other organizations that organized to partment’s final rule — Defense Federal Ac- Area’’, and for other purposes; to the Com- quisition Regulation Supplement; Extension get them here. I look forward to work- mittee on Resources. ing with the gentleman and the mem- of Contract Goal for Small Disadvantaged S. 347. An act to direct the Secretary of the Businesses and Certain Institutions of High- bers of the Congressional Black Caucus Interior and the Secretary of Agriculture to er Education [DFARS Case 2002-D038] re- as we continue to work with these conduct a joint resource study to evaluate ceived April 3, 2003, pursuant to 5 U.S.C. young people and younger people that the suitability and feasibility of establishing 801(a)(1)(A); to the Committee on Armed have done so well for us. the Rim of the Valley Corridor as a unit of Services. Mr. LEWIS of Georgia. Mr. Speaker, the Santa Monica Mountains National 1708. A letter from the Secretary, Depart- reclaiming my time, we will work to- Recreation Area, and for other purposes; to ment of Defense, transmitting notification gether and pull together and push to- the Committee on Resources. that the President approved changes to the gether to make it all happen. f 2002 Unified Command Plan; to the Com- mittee on Armed Services. f ENROLLED BILLS SIGNED 1709. A letter from the Director, Defense LEAVE OF ABSENCE Mr. Trandahl, Clerk of the House, re- Procurement and Acquisition Policy, De- ported and found truly enrolled bills of partment of Defense, transmitting the De- By unanimous consent, leave of ab- partment’s final rule — Defense Federal Ac- sence was granted to: the House of the following titles, which quisition Regulation Supplement; Foreign Mr. EVERETT (at the request of Mr. were thereupon signed by the Speaker: Acquisition [DFARS Case 2002-D009] received DELAY) for April 7 on account of at- H.R. 397. An act to reinstate and extend April 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); tending to district business. the deadline for commencement of construc- to the Committee on Armed Services.

VerDate Jan 31 2003 03:44 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K08AP7.158 H08PT1 April 8, 2003 CONGRESSIONAL RECORD — HOUSE H2937 1710. A letter from the Acting Principal 1722. A letter from the Secretary, Depart- TIME LIMITATION OF REFERRED Deputy Associate Administrator, Environ- ment of Health and Human Services, trans- BILL mental Protection Agency, transmitting the mitting the Department’s Annual Report On Agency’s final rule — Approval and Promul- Child Welfare Outcomes 2000, pursuant to Pursuant to clause 2 of rule XII the gation of Air Quality Implementation Plans; Public Law 105—89, section 203(a) (111 Stat. following action was taken by the Rhode Island; One-hour Ozone Attainment 2127); to the Committee on Ways and Means. Speaker: Demonstration for the Rhode Island Ozone 1723. A letter from the Acting Principal H.R. 658. Referral to the Committee on Nonattainment Area [A-1-FRL-7476-7] re- Deputy Associate Administrator, Environ- Government Reform extended for a period ceived April 1, 2003, pursuant to 5 U.S.C. mental Protection Agency, transmitting the ending not later than June 2, 2003. 801(a)(1)(A); to the Committee on Energy and Agency’s final rule — Fellowships [FRL-7476- H.R. 1297. Referral to the Committee on Commerce. 2] (RIN: 2030-AA77) received April 1, 2002, pur- Science extended for a period ending not 1711. A letter from the Acting Principal suant to 5 U.S.C. 801(a)(1)(A); jointly to the later than April 8, 2003. Deputy Associate Administrator, Environ- Committees on Education and the Work- H.R. 1644. Referral to the Committees on mental Protection Agency, transmitting the force, Transportation and Infrastructure, Science, Resources, Education and the Work- Agency’s final rule — Standards of Perform- and Agriculture. force, and Transportation and Infrastructure ance for Stationary Gas Turbines [OAR-2002- for a period ending not later than April 9, 0053, FRL-7476-5] (RIN: 2060-AK35) received f 2003. April 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); f to the Committee on Energy and Commerce. REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS 1712. A letter from the Assistant Secretary PUBLIC BILLS AND RESOLUTIONS for Legislative Affairs, Department of State, Under clause 2 of rule XII, public transmitting the Department’s report on nu- Under clause 2 of rule XIII, reports of bills and resolutions were introduced clear nonproliferation in South Asia for the committees were delivered to the Clerk and severally referred, as follows: period October 1, 2002 to March 31, 2003, pur- for printing and reference to the proper By Mr. NUNES: suant to 22 U.S.C. 2376(c); to the Committee calendar, as follows: on International Relations. H.R. 1659. A bill to ensure regulatory eq- 1713. A letter from the Assistant Secretary Mr. THOMAS: Committee on Ways and uity between and among all dairy farmers for Legislative Affairs, Department of State, Means. H.R. 1528. A bill to amend the Inter- and handlers, including producers also acting transmitting certification of a proposed nal Revenue Code of 1986 to protect tax- as handlers, for sales of packaged fluid milk Manufacturing License Agreement with Jor- payers and ensure accountability of the In- into certain non-federally regulated milk dan [Transmittal No. DTC 005-03], pursuant ternal Revenue Service; with an amendment marketing areas from federally regulated to 22 U.S.C. 2776(d); to the Committee on (Rept. 108–61). Referred to the Committee of areas; to the Committee on Agriculture. International Relations. the Whole House on the State of the Union. By Mr. WICKER (for himself, Mr. 1714. A letter from the Assistant Secretary Mr. SMITH of New Jersey: Committee on HINOJOSA, and Mr. MCKEON): for Legislative Affairs, Department of State, Veterans’ Affairs. H.R. 1297. A bill to require H.R. 1660. A bill to amend the National Ap- transmitting certification of a proposed the construction at Arlington National Cem- prenticeship Act to provide that applications Manufacturing License Agreement with Ger- etery of a memorial to the crew of the Co- relating to apprenticeship programs are many [Transmittal No. DTC 011-03], pursuant lumbia Orbiter (Rept. 108–62 Pt. 1). Referred processed in a fair and timely manner, and to 22 U.S.C. 2776(d); to the Committee on to the Committee of the Whole House on the for other purposes; to the Committee on International Relations. State of the Union. Education and the Workforce. 1715. A letter from the Assistant Secretary Mr. OXLEY: Committee on Financial Serv- By Mr. RANGEL (for himself, Mr. for Legislative Affairs, Department of State, ices. H.R. 658. A bill to provide for the pro- STARK, Mr. MATSUI, Mr. LEVIN, Mr. transmitting a report required by Section 301 tection of investors, increase confidence in CARDIN, Mr. MCDERMOTT, Mr. KLECZ- of the United States Macau Policy Act, cov- the capital markets system, and fully imple- KA, Mr. LEWIS of Georgia, Mr. NEAL ering the period from April 2, 2001, to April ment the Sarbanes-Oxley Act of 2002 by of Massachusetts, Mr. MCNULTY, Mr. 1, 2002; to the Committee on International streamlining the hiring process for certain JEFFERSON, Mr. BECERRA, Mr. Relations. employment positions in the Securities and DOGGETT, Mr. SANDLIN, and Mrs. 1716. A letter from the Assistant Secretary Exchange Commission; with an amendment JONES of Ohio): for Legislative Affairs, Department of State, (Rept. 108–63 Pt. 1). Ordered to be printed. H.R. 1661. A bill to provide balanced tax- transmitting a report required by Section 301 Mr. SESSIONS: Committee on Rules. payer protections in tax administrations, in- of the United States-Hong Kong Policy Act House Resolution 181. Resolution providing cluding elimination of abusive tax strate- gies, simplification of the earned income tax of 1992, pursuant to 22 U.S.C. 5731; to the for consideration of the bill (H.R. 1036) to credit, and taxpayer protections; to the Com- Committee on International Relations. prohibit civil liability actions from being mittee on Ways and Means. 1717. A letter from the Chief Financial Offi- brought or continued against manufacturers, By Mr. WALDEN of Oregon (for him- cer and Assistant Secretary for Administra- distributors, dealers, or importers of fire- self, Mr. HUNTER, Mr. GIBBONS, Mr. tion, Department of Commerce, transmitting arms or ammunition for damages resulting HERGER, Mr. SIMPSON, Mr. HASTINGS the Department’s inventory of functions pur- from the misuse of their products by others suant to the Federal Activities Inventory of Washington, Mr. OTTER, Mr. (Rept. 108–64). Referred to the House Cal- Reform Act of 1998; to the Committee on PEARCE, Mr. PAUL, Mr. CANNON, Mr. endar. Government Reform. MCINNIS, Mrs. CUBIN, Mr. STENHOLM, 1718. A letter from the Attorney-Advisor, DISCHARGE OF COMMITTEE Mr. NETHERCUTT, Mr. REHBERG, Mr. Department of Transportation, transmitting Pursuant to clause 2 of rule XII the DOOLITTLE, Mr. RENZI, and Mr. BRADY a report pursuant to the Federal Vacancies Committee on Science discharged from of Texas): Reform Act of 1998; to the Committee on further consideration. H.R. 1297 re- H.R. 1662. A bill to amend the Endangered Government Reform. ferred to the Committee of the Whole Species Act of 1973 to require the Secretary 1719. A letter from the Attorney/Advisor, of the Interior to give greater weight to sci- Department of Transportation, transmitting House on the State of the Union and entific or commercial data that is empirical a report pursuant to the Federal Vacancies ordered to be printed. or has been field-tested or peer-reviewed, and Reform Act of 1998; to the Committee on for other purposes; to the Committee on Re- Government Reform. f sources. 1720. A letter from the Assistant Secretary By Mrs. JONES of Ohio (for herself, for Fish, Wildlife and Parks, Department of REPORTED BILLS SEQUENTIALLY Ms. NORTON, Mr. CUMMINGS, Mr. the Interior, transmitting the Department’s REFERRED CLAY, Mr. PAYNE, Mrs. CHRISTENSEN, final rule — Endangered and Threatened Under clause 2 of rule XII, bills and Ms. MILLENDER-MCDONALD, Mr. Wildlife and Plants; Endangered Status and reports were delivered to the Clerk for DAVIS of Illinois, Mr. TOWNS, Mr. Designation of Critical Habitat for printing, and bills referred as follows: JACKSON of Illinois, Mr. FATTAH, Mr. Polygonum hickmanii (Scotts Valley CLYBURN, Ms. LEE, Ms. KILPATRICK, polygonum) (RIN: 1018-AH76) received April Mr. TAUZIN: Committee on Energy and Mr. GUTIERREZ, Ms. KAPTUR, Ms. 2, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Commerce. H.R. 1644. A bill to enhance en- SCHAKOWSKY, Mr. SANDERS, Ms. the Committee on Resources. ergy conservation and research and develop- BERKLEY, Mr. RYAN of Ohio, Mr. JEF- 1721. A letter from the Assistant Secretary ment, to provide for security and diversity in FERSON, Mr. LEWIS of Georgia, Mr. for Fish, Wildlife and Parks, Departmernt of the energy supply for the American people, CONYERS, and Ms. JACKSON-LEE of the Interior, transmitting the Department’s and for other purposes, with an amendment; Texas): final rule — Endangered and Threatened Rept. 108–65, Part I; referred to the Com- H.R. 1663. A bill to protect home buyers Wildlife and Plants; Designation of Critical mittee on Judiciary for a period ending not from predatory lending practices; to the Habitat for the Kauai Cave Wolf Spider and later than April 9, 2003, for consideration of Committee on Financial Services. Kauai Cave Amphipod (RIN: 1018-AH01) re- such provisions of the bill and amendment as By Mr. THOMAS: ceived April 2, 2003, pursuant to 5 U.S.C. fall within the jurisdiction of that com- H.R. 1664. A bill to amend the Internal Rev- 801(a)(1)(A); to the Committee on Resources. mittee pursuant to clause 1(k), rule X. enue Code of 1986 to provide a special rule for

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members of the uniformed services in deter- HINCHEY, Mr. HONDA, Mr. JACKSON of setts, Mr. ABERCROMBIE, Mr. mining the exclusion of gain from the sale of Illinois, Ms. JACKSON-LEE of Texas, RODRIGUEZ, Ms. JACKSON-LEE of a principal residence and to restore the tax Ms. EDDIE BERNICE JOHNSON of Texas, Texas, Ms. CARSON of Indiana, Mr. exempt status of death gratuity payments to Mrs. JONES of Ohio, Ms. LEE, Mr. DAVIS of Illinois, Mr. FILNER, Mr. members of the uniformed services, and for LEWIS of Georgia, Mrs. MALONEY, Mr. HOEFFEL, Mr. LANGEVIN, Mr. LYNCH, other purposes; to the Committee on Ways MCDERMOTT, Mr. MCGOVERN, Mr. Mr. HASTINGS of Florida, Mr. SCOTT and Means. MEEKS of New York, Mr. GEORGE MIL- of Georgia, Mr. CAPUANO, Mr. BISHOP By Mr. BOYD: LER of California, Mr. NADLER, Mr. of New York, Mr. DINGELL, Ms. H.R. 1665. A bill to modify certain water re- OLVER, Mr. OWENS, Mr. PAYNE, Mr. MCCOLLUM, Mr. TIERNEY, Mr. KEN- sources projects for the Apalachicola, Chat- RAHALL, Mr. RANGEL, Mr. RYAN of NEDY of Rhode Island, Mr. RUSH, Mr. tahoochee, and Flint Rivers, Georgia, Flor- Ohio, Mr. SANDERS, Ms. SCHAKOWSKY, SPRATT, Mr. KILDEE, Mr. BERRY, Mr. ida, and Alabama; to the Committee on Mr. SCOTT of Virginia, Mr. SERRANO, LAMPSON, Mr. SCOTT of Virginia, Ms. Transportation and Infrastructure. Ms. SOLIS, Mr. STARK, Mr. TOWNS, KAPTUR, Mr. CROWLEY, Ms. ESHOO, By Mr. BOYD: Mr. UDALL of Colorado, Ms. WATERS, Mrs. MALONEY, Mr. UDALL of Colo- H.R. 1666. A bill to amend title 38, United and Ms. WATSON): rado, Mrs. MCCARTHY of New York, States Code, to provide that discontinuance H.R. 1673. A bill to establish a Department Mr. INSLEE, Mr. CONYERS, Mr. LAN- of veterans’ disability compensation upon of Peace; to the Committee on Government TOS, Mr. MCINTYRE, Mr. HOLT, Mr. the death of a veteran shall be effective as of Reform, and in addition to the Committees BLUMENAUER, Mr. MEEK of Florida, the date of death of the veteran rather than on International Relations, the Judiciary, Mr. BOEHLERT, Mr. FARR, Mr. the last day of the month preceding the vet- and Education and the Workforce, for a pe- HOLDEN, Mr. ACKERMAN, Ms. LINDA T. eran’s death; to the Committee on Veterans’ riod to be subsequently determined by the SANCHEZ of California, Mrs. Affairs. Speaker, in each case for consideration of CHRISTENSEN, Mr. ROTHMAN, Mr. By Mr. BURNS: such provisions as fall within the jurisdic- MURTHA, Ms. MCCARTHY of Missouri, H.R. 1667. A bill to provide an additional tion of the committee concerned. Mrs. DAVIS of California, Ms. VELAZ- opportunity for administrative or judicial By Mr. LEWIS of Kentucky: QUEZ, Mrs. CAPPS, Mr. DOYLE, Mr. relief for socially disadvantaged farmers and H.R. 1674. A bill to amend the Internal Rev- MENENDEZ, Mr. CASE, Mr. ALLEN, and ranchers who were discriminated against by enue Code of 1986 to provide that the vaccine Mr. BERMAN): the Department of Agriculture in farm credit excise tax shall apply to any vaccine against H.R. 1677. A bill to amend the Employee and benefit programs; to the Committee on hepatitis A; to the Committee on Ways and Retirement Income Security Act of 1974 and Agriculture, and in addition to the Com- Means. the Internal Revenue Code of 1986 to protect mittee on the Judiciary, for a period to be By Mr. MORAN of Kansas (for himself, pension benefits of employees in defined ben- subsequently determined by the Speaker, in Mr. POMEROY, Mr. WALDEN of Oregon, efit plans and to direct the Secretary of the each case for consideration of such provi- Mr. STENHOLM, Mr. PETERSON of Treasury to enforce the age discrimination sions as fall within the jurisdiction of the Pennsylvania, Mr. BERRY, Mr. KIND, requirements of the Internal Revenue Code committee concerned. Mr. MCHUGH, Mr. SANDLIN, Mr. of 1986; to the Committee on Education and By Mr. CARSON of Oklahoma: EVANS, Mr. DAVIS of Alabama, and the Workforce, and in addition to the Com- H.R. 1668. A bill to designate the United Mr. CASE): mittee on Ways and Means, for a period to be States courthouse located at 101 North Fifth H.R. 1675. A bill to amend title XVIII of the subsequently determined by the Speaker, in Street in Muskogee, Oklahoma, as the ‘‘Ed Social Security Act to protect and preserve each case for consideration of such provi- Edmondson United States Courthouse‘‘; to access of Medicare beneficiaries to health sions as fall within the jurisdiction of the the Committee on Transportation and Infra- care provided by hospitals in rural areas, and committee concerned. structure. for other purposes; to the Committee on By Mr. SMITH of Texas (for himself, By Mr. CRANE (for himself, Mr. Ways and Means, and in addition to the Com- Mr. SCHIFF, Mr. BRADY of Texas, Mr. mittee on Energy and Commerce, for a pe- RAMSTAD, Ms. DUNN, and Mr. GREEN of Wisconsin, Mr. KELLER, Mr. riod to be subsequently determined by the SOUDER): OXLEY, Mr. WOLF, and Mr. FER- Speaker, in each case for consideration of H.R. 1669. A bill to amend the Internal Rev- GUSON): enue Code of 1986 to provide tax treatment such provisions as fall within the jurisdic- H.R. 1678. A bill to amend title 18, United for foreign investment through a United tion of the committee concerned. States Code, with respect to false commu- States regulated investment company com- By Mr. ROGERS of Michigan (for him- nications about certain criminal violations, parable to the tax treatment for direct for- self, Mrs. JO ANN DAVIS of Virginia, and for other purposes; to the Committee on eign investment and investment through a and Mrs. EMERSON): the Judiciary. foreign mutual fund; to the Committee on H.R. 1676. A bill to amend chapter 55 of By Mr. TANCREDO: Ways and Means. title 5, United States Code, to exclude avail- H.R. 1679. A bill to repeal the so-called For- By Mr. GUTKNECHT (for himself, Mr. ability pay for Federal criminal investiga- est Service Appeals Reform Act and to au- SABO, Mr. PETERSON of Minnesota, tors from the limitation on premium pay; to thorize the Secretary of Agriculture to de- Mr. RAMSTAD, Mr. KENNEDY of Min- modify levels of special pay adjustments for velop an administrative appeals process for nesota, Ms. MCCOLLUM, and Mr. Federal law enforcement officers in certain the Forest Service in the same manner as KLINE): areas, and for other purposes; to the Com- other Federal land management agencies; to H.R. 1670. A bill to amend the Internal Rev- mittee on Government Reform. the Committee on Agriculture. enue Code of 1986 to establish a pilot pro- By Mr. SANDERS (for himself, Mr. By Ms. WATSON (for herself and Mr. GEORGE MILLER of California, Mr. gram to encourage the use of medical sav- BURTON of Indiana): ings accounts by public employees of the VISCLOSKY, Mr. EMANUEL, Mr. H.R. 1680. A bill to prohibit after 2007 the State of Minnesota and political jurisdic- SERRANO, Mr. ENGEL, Mr. GRIJALVA, introduction into interstate commerce of tions thereof; to the Committee on Ways and Mr. ORTIZ, Mr. BROWN of Ohio, Mr. mercury intended for use in a dental filling, Means. PETRI, Mr. OBERSTAR, Mr. TAYLOR of and for other purposes; to the Committee on By Mr. HERGER (for himself, Mr. POM- Mississippi, Mr. HINCHEY, Mr. TOWNS, Energy and Commerce. EROY, Mr. ENGLISH, Mr. GRAVES, Mr. Mr. ROSS, Mr. DELAHUNT, Mr. OLVER, By Mr. KINGSTON: HULSHOF, Mr. RAMSTAD, and Mr. Mr. PAYNE, Mr. ANDREWS, Mr. WYNN, H. Con. Res. 141. Concurrent resolution ex- MCCRERY): Ms. SCHAKOWSKY, Mr. STRICKLAND, pressing the sense of the Congress that the H.R. 1671. A bill to amend the Internal Rev- Mr. GUTIERREZ, Ms. NORTON, Ms. Internal Revenue Code of 1986 should be fun- enue Code of 1986 to permit cooperatives to SOLIS, Mr. WEXLER, Mr. SCHIFF, Ms. damentally reformed to be fairer, simpler, pay dividends on preferred stock without re- SLAUGHTER, Mr. MEEHAN, Mr. NAD- and less costly and to encourage economic ducing patronage dividends; to the Com- LER, Mr. RAHALL, Mr. GOODE, Mr. growth, individual liberty, and investment in mittee on Ways and Means. BACA, Mr. KUCINICH, Mr. COSTELLO, American jobs; to the Committee on Ways By Mr. KOLBE (for himself and Mr. Mr. MARKEY, Ms. KILPATRICK, Ms. and Means. KNOLLENBERG): LEE, Mr. OBEY, Mr. GREEN of Texas, By Mr. WALSH (for himself, Mr. QUINN, H.R. 1672. A bill to amend the Internal Rev- Mr. DEUTSCH, Mr. MICHAUD, Mrs. Mr. BOEHLERT, Mr. MCHUGH, and Mr. enue Code of 1986 to provide a credit for char- JONES of Ohio, Mr. UDALL of New HINCHEY): itable contributions to fight poverty; to the Mexico, Mr. WEINER, Mr. DEFAZIO, H. Con. Res. 142. Concurrent resolution Committee on Ways and Means. Mr. PALLONE, Mr. MCGOVERN, Mrs. congratulating the Syracuse University By Mr. KUCINICH (for himself, Ms. NAPOLITANO, Mr. THOMPSON of Mis- men’s basketball team for winning the 2003 WOOLSEY, Mr. CONYERS, Mr. OBER- sissippi, Mr. JEFFERSON, Mr. REYES, NCAA Division I men’s basketball national STAR, Mr. ABERCROMBIE, Ms. BALD- Mr. CUMMINGS, Mr. OWENS, Ms. championship; to the Committee on Edu- WIN, Mr. BROWN of Ohio, Ms. CARSON HOOLEY of Oregon, Ms. MILLENDER- cation and the Workforce. of Indiana, Mr. CLAY, Mr. CUMMINGS, MCDONALD, Mr. DOGGETT, Ms. WOOL- By Mrs. CAPITO: Mr. DAVIS of Illinois, Mr. DEFAZIO, SEY, Mr. PASCRELL, Ms. BALDWIN, Ms. H. Res. 182. A resolution commending Pri- Mr. EVANS, Mr. FARR, Mr. FILNER, BORDALLO, Mr. RYAN of Ohio, Ms. vate First Class Jessica Lynch, United Mr. GRIJALVA, Mr. GUTIERREZ, Mr. DELAURO, Mr. FRANK of Massachu- States Army, the special operations forces

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who on April 1, 2003, rescued her from cap- Huron Museum of Arts and History pro- H.R. 584: Mr. OWENS. tivity by Iraqi forces, and all United States grams; to the Committee on Transportation H.R. 594: Mr. ALEXANDER, Mr. BARTLETT of and coalition forces in Iraq; to the Com- and Infrastructure. Maryland, Mr. NEY, Mr. DICKS, Mr. FOLEY, mittee on Armed Services, and in addition to 17. Also,a memorial of the Senate of the Mr. CASE and Mr. BURNS. the Committee on International Relations, State of Michigan, relative to Senate Reso- H.R. 660: Mr. BURNS. for a period to be subsequently determined lution No. 6 memorializing the United States H.R. 687: Mr. WILSON of South Carolina and by the Speaker, in each case for consider- Congress to establish a minimum rate of re- Mrs. JO ANN DAVIS of Virginia. ation of such provisions as fall within the ju- turn of 95 percent of Michigan’s federal H.R. 715: Ms. MCCOLLUM. risdiction of the committee concerned. transportation funding for highway and H.R. 727: Mr. KUCINICH. By Mr. FLAKE: transit programs; to the Committee on H.R. 728: Mr. SOUDER and Mr. STEARNS. H. Res. 183. A resolution commending Mo- Transportation and Infrastructure. H.R. 734: Mr. FRANK of Massachusetts. hammed, an Iraqi lawyer, for his fearless and 18. Also,a memorial of the Senate of the H.R. 756: Mr. MILLER of Florida. courageous actions in helping to save the life State of New Jersey, relative to Senate Res- H.R. 776: Mr. ABERCROMBIE of an American solider; to the Committee on olution No. 71 memorializing the United H.R. 784: Mr. NEAL of Massachusetts. International Relations. States Congress to direct FAA to include H.R. 785: Mr. GRIJALVA. By Mr. WYNN: noise reduction as major goal of redesign of H.R. 806: Mr. LEACH. H. Res. 184. A resolution expressing the aircraft traffic patterns over New Jersey; to H.R. 813: Mr. STRICKLAND. sense of the House of Representatives that a the Committee on Transportation and Infra- H.R. 818: Mr. KUCINICH and Ms. HART. postage stamp should be issued in commemo- structure. H.R. 833: Mr. BROWN of South Carolina and ration of Diwali, a festival celebrated by peo- 19. Also,a memorial of the House of Rep- Mr. WELLER. ple of Indian origin; to the Committee on resentatives of the State of Kansas, relative H.R. 847: Mr. GUTKNECHT. Government Reform. to House Resolution No. 6005 memorializing H.R. 850: Mr. GILLMOR. H.R. 854: Mr. HOLT f the United States Congress to enact finan- cially sustainable, voluntary, universal and H.R. 876: Mr. SOUDER, Ms. HART, and Mr. MEMORIALS privately administered out-patient prescrip- WALDEN of Oregon. Under clause 3 of rule XII, memorials tion drug coverage as part of the federal H.R. 879: Mr. SMITH of Michigan, Mr. MCIN- TYRE, and Mr. ROSS. were presented and referred as follows: Medicare program; jointly to the Commit- tees on Ways and Means and Energy and H.R. 898: Mr. HINOJOSA. 10. The SPEAKER presented a memorial of Commerce. H.R. 930: Mr. MCINTYRE. the Senate of the State of Wisconsin, rel- H.R. 934: Mr. GARRETT of New Jersey. ative to Senate Resolution No. 4 memori- f H.R. 935: Ms. JACKSON-LEE of Texas, Mr. alizing the United States Congress to urge KUCINICH, and Mr. ACKERMAN. ADDITIONAL SPONSORS the President and the Wisconsin congres- H.R. 953: Mr. HASTINGS of Florida. sional delegation to support the reauthoriza- Under clause 7 of rule XII, sponsors H.R. 955: Mr. LAMPSON, Mr. HOLT, Mr. tion of the existing Community Services were added to the public bills and reso- GREENWOOD, Mr. LAHOOD, Mr. DAVIS of Ten- Block Grant and its funding to community lutions as follows: nessee, Mr. PETERSON of Minnesota, Mr. action agencies; to the Committee on Edu- SHAYS, Mr. LEACH, Mr. BURGESS, Mr. DIN- H.R. 20: Mrs. LOWEY, Mr. ALLEN, Mr. cation and the Workforce. GELL, Mr. PASCRELL, Mr. SERRANO, Mr. GAR- KUCINICH, Mr. FERGUSON, Mr. LARSON of Con- 11. Also,a memorial of the House of Rep- RETT of New Jersey, Mr. ISRAEL, Mr. necticut, Mr. DICKS, and Mr. UDALL of Colo- resentatives of the State of Michigan, rel- BLUMENAUER, and Mr. SNYDER. rado. ative to House Resolution No. 10 memori- H.R. 973: Mr. RAMSTAD, Mr. QUINN, and Mr. H.R. 25: Mr. KINGSTON. alizing the United States Congress to enact HOEKSTRA. H.R. 44: Mr. BLUNT. legislation to give states the authority to H.R. 977: Mr. MEEK of Florida, Mr. RADANO- H.R. 49: Mr. BURNS. ban importation of out-of-state solid waste; VICH, and Mr. GILCHREST. H.R. 83: Ms. LINDA T. SANCHEZ of Cali- to the Committee on Energy and Commerce. H.R. 983: Mr. ACKERMAN, Mr. BOEHLERT, fornia. 12. Also,a memorial of the House of Rep- Mr. ENGEL, and Ms. ROYBAL-ALLARD. INDA ANCHEZ resentatives of the State of New Hampshire, H.R. 84: Ms. L T. S of H.R. 1008: Mr. PLATTS. relative to House Concurrent Resolution No. Califorinia., H.R. 1033: Mr. YOUNG of Alaska. 16 memorializing the United States Congress H.R. 85: Ms. LINDA T. SANDHEZ of Cali- H.R. 1043: Mr. THOMPSON of California. to urge increased diplomacy to achieve a fornia. H.R. 1056: Mr. MICHAUD, Mr. BISHOP of New just, peaceful, and rapid resolution of the H.R. 100: Ms. HEFLEY, Ms. CARSON of Indi- York, and Mr. PUTNAM. conflict between India and Pakistan relative ana, and Mr. KILDEE. H.R. 1068: Mr. RUSH, Mr. MORAN of Vir- to the state of Jammu and Kashmir; to the H.R. 111: Mr. BARRETT of South Carolina, ginia, Mr. PORTER, Mr. COLE, Mr. CANTOR, Committee on International Relations. Mr. TIERNEY, Mr. HOEFFEL, Mr. THOMPSON of Mr. FROST, and Mr. KLINE. 13. Also,a memorial of the House of Rep- Mississippi, and Mr. PAYNE. H.R. 1070: Mr. ACKERMAN. resentatives of the State of Michigan, rel- H.R. 205: Mr. MANZULLO. H.R. 1075: Mr. TIBERI. ative to House Concurrent Resolution No. 5 H.R. 218: Mr. PETERSON of Minnesota, Mr. H.R. 1077: Mr. KUCINICH. memorializing the United States Congress to YOUNG of Alaska, and Mr. DEAL of Georgia. H.R. 1093: Mr. BOEHLERT. enact legislation to provide that all states H.R. 240: Ms. CORRINE BROWN of Florida. H.R. 1098: Ms. HART. receive a minimum of 95 percent of transpor- H.R. 245: Mr. SCOTT of Georgia. H.R. 1102: Mrs. TAUSCHER. tation funds sent to the federal government; H.R. 273: Mr. VITTER. H.R. 1105: Mr. ENGEL and Mr. LEWIS of to the Committee on Transportation and In- H.R. 284: Mr. ENGEL, Mr. WEINER, Ms. LEE, Georgia. frastructure. Mr. SOUDER, and Mr. BURR. H.R. 1114: Mr. BEAUPREZ. 14. Also,a memorial of the House of Rep- H.R. 292: Mr. SIMMONS. H.R. 1146: Mr. MILLER of Florida. resentatives of the State of Michigan, rel- H.R. 307: Mr. PLATTS. H.R. 1154: Mr. CALVERT. ative to House Resolution No. 9 memori- H.R. 315: Ms. GRANGER. H.R. 1163: Mr. BARTLETT of Maryland. alizing the United States Congress to enact H.R. 340: Ms. HART. H.R. 1169: Mr. RAMSTAD. legislation to provide that all states receive H.R. 344: Mr. TAYLOR of Mississippi. H.R. 1170: Mr. PAUL. a minimum of 95 percent of transportation H.R. 359: Mr. HINOJOSA. H.R. 1179: Mr. MCHUGH and Mr. MILLER of funds sent to the federal government; to the H.R. 384: Mr. MILLER of Florida and Mr. Florida. Committee on Transportation and Infra- PAUL. H.R. 1191: Mr. MOORE and Mr. ALLEN. structure. H.R. 401: Mr. ROTHMAN and Mr. ENGEL. H.R. 1214: Mr. KING of New York, Mr. 15. Also,a memorial of the Senate of the H.R. 419: Mr. GONZALEZ. OSBORNE, Mr. INSLEE, and Mr. WATT. State of Michigan, relative to Senate Con- H.R. 440: Mr. BACA. H.R. 1222: Mr. CANTOR and Mr. DUNCAN. current Resolution No. 1 memorializing the H.R. 463: Mr. ACEVEDO-VILA, Mr. UDALL of H.R. 1235: Mr. TANCREDO, Mr. HAYWORTH, United States Congress to establish a min- Colorado, Mr. BISHOP of New York, Mrs. Mr. CALVERT, and Mr. SOUDER. imum rate of return of 95 percent of Michi- JONES of Ohio, Mr. PRICE of North Carolina, H.R. 1244: Mr. BLUMENAUER, Mr. MARKEY, gan’s federal transportation funding for Mr. OWENS, Mr. LEVIN, and Mr. GORDON. Ms. MILLENDER-MCDONALD, and Ms. NORTON. highway and transit programs; to the Com- H.R. 466: Mr. MILLER of North Carolina, H.R. 1245: Ms. LEE, Mrs. LOWEY, and Ms. mittee on Transportation and Infrastruc- Mr. HALL, and Mr. ORTIZ. LOFGREN. ture. H.R. 490: Mr. FRANKS of Arizona. H.R. 1252: Mr. MILLER of Florida. 16. Also,a memorial of the Senate of the H.R. 501: Ms. SLAUGHTER. H.R. 1272: Ms. WATSON. State of Michigan, relative to Senate Reso- H.R. 502: Mr. SULLIVAN. H.R. 1294: Mrs. LOWEY, Mr. SABO, Ms. WAT- lution No. 21 memorializing the United H.R. 527: Mr. MCHUGH. SON, and Mr. FILNER. States Congress to enact legislation to pro- H.R. 528: Mrs. MALONEY. H.R. 1297: Mr. BOOZMAN, Mrs. DAVIS of Cali- vide for the United States Coast Guard to H.R. 571: Mr. UPTON, Mr. RYAN of Wis- fornia, and Mr. SNYDER. transfer ownership of the decommissioned consin, Mr. WICKER, Mr. FRANKS of Arizona, H.R. 1301: Mr. LUCAS of Kentucky, Mr. Coast Guard Cutter Bramble to the Port and Mr. STEARNS. HAYWORTH, and Mr. SOUDER.

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H.R. 1309: Mr. KILDEE. H.R. 1472: Mr. BERMAN, Mr. LEVIN, Mr. H. Con. Res. 130: Mr. CUMMINGS and Mr. H.R. 1342: Mr. FROST. TIBERI, Ms. DELAURO, and Mr. GEORGE MIL- ABERCROMBIE. H.R. 1345: Mr. OWENS. LER of California, Mr. INSLEE, Ms. LEE, Mr. H. Con. Res. 136: Mr. HOEFFEL and Mr. BER- H.R. 1349: Mr. WEXLER and Mr. LIPINSKI. DICKS, and Mr. BACA. MAN. H.R. 1350: Mr. EHLERS, Mr. LATOURETTE, H.R. 1480: Mr. CASE and Mr. ALLEN. H. Res. 60: Mr. TURNER of Ohio, Mrs. JO Mr. PUTNAM, Mr. KENNEDY of Minnesota, Mr. H.R. 1483: Mr. FILNER and Mr. FARR. ANN DAVIS of Virginia, Mr. ENGEL, Mr. GILLMOR, and Mr. BURGESS. H.R. 1508: Mr. KUCINICH. RAMSTAD, Mr. JEFFERSON, Mr. HAYWORTH, H.R. 1355: Mr. HASTINGS of Florida, Mr. H.R. 1510: Mr. KUCINICH. Mr. JOHN, Mr. BOUCHER, Mr. DOGGETT, and BISHOP of New York, Mr. ALLEN, and Mr. H.R. 1511: Mr. MCNULTY, Mr. BARRETT of Mr. MCCRERY. LEVIN. South Carolina, Mr. ENGLISH, Mr. SKELTON, H. Res. 140: Mr. DEUTSCH and Mr. SOUDER. H.R. 1359: Mr. ALLEN. and Mr. GILCHREST. H. Res. 157: Mr. CAPUANO and Ms. LORETTA H.R. 1372: Mr. HERGER, Mr. MOORE, Mr. H.R. 1519: Mr. GARRETT of New Jersey. SANCHEZ of California. KIND, and Mr. SIMPSON. H.R. 1534: Mr. ALLEN, Mr. OWENS, and Mr. H. Res. 173: Mr. KIND and Ms. DELAURO. H.R. 1374: Mr. MILLER of Florida. KLECZKA. H. Res. 179: Mr. FEENEY, Ms. HARRIS, Mr. H.R. 1377: Mr. GREEN of Wisconsin, Mr. H.R. 1536: Mr. ENGLISH and Mr. LEVIN. ANDREWS, Mr. FOLEY, and Mr. BLUNT. CUMMINGS, Mr. DOYLE, Mr. PALLONE, Mr. H.R. 1565: Mr. KILDEE. HOEFFEL, Mr. KILDEE, Mr. OWENS, and Mr. H.R. 1568: Mr. CROWLEY, Mr. DAVIS of Ten- f MCHUGH. nessee, Ms. KAPTUR, Mr. SCOTT of Georgia, H.R. 1388: Mr. ENGLISH, Mr. MCNULTY, and Mr. SABO, and Mr. MURTHA. DELETIONS OF SPONSORS FROM Mr. HOEFFEL. H.R. 1576: Mr. KUCINICH. H.R. 1392: Mr. OWENS. PUBLIC BILLS AND RESOLUTIONS H.R. 1584: Mr. SMITH of New Jersey. H.R. 1408: Mr. BURR. H.R. 1605: Mr. SHAYS. Under clause 7 of rule XII, sponsors H.R. 1415: Mr. SOUDER and Mr. SMITH of were deleted from public bills and reso- New Jersey. H.R. 1634: Mr. BLUNT, Mr. RENZI, and Mr. H.R. 1421: Mr. REHBERG. DOYLE. lution as follows: H.R. 1422: Mr. BISHOP of New York, Mr. H.J. Res. 44: Mr. SHAW and Mr. HAYWORTH. H.R. 1036: Mr. FLAKE. BRADLEY of New Hampshire, Mr. CAPUANO, H. Con. Res. 50: Mr. GRAVES. H.R. 1119: Mr. SIMMONS. Mr. CUMMINGS, Mr. JENKINS, Ms. CARSON of H. Con. Res. 56: Mr. MILLER of Florida and Indiana, Mr. DAVIS of Tennessee, Mr. ACKER- Mr. FILNER. f MAN, Mr. LANGEVIN, Mr. FORD, Mr. DUNCAN, H. Con. Res. 99: Mr. WEINER, Mr. OWENS, Mr. LEACH, and Mr. POMEROY. Mr. MEEKS of New York, Mr. LATOURETTE, PETITIONS, ETC. H.R. 1442: Mr. HOLDEN, Mr. RANGEL, Mr. Mr. ABERCROMBIE, Mr. FATTAH, Mr. WEXLER, Under clause 3 of rule XII, JOHN, Mr. MCNULTY, Mr. RENZI, and Mr. Mr. KENNEDY of Rhode Island, Ms. BALDWIN, PEARCE. Mr. MCDERMOTT, Mr. WAXMAN, Mr. HOEFFEL, 8. The SPEAKER presented a petition of H.R. 1451: Mr. LEACH and Mr. COLE. Mr. DAVIS of Illinois, Mrs. CHRISTENSEN, Mr. the Council of the County of Maui, Hawaii, H.R. 1462: Mr. BISHOP of Georgia, Mr. SCHIFF, Mr. DEFAZIO, Mr. PALLONE, Mr. relative to Resolution No. 03–14 petitioning GEORGE MILLER of California, Mr. WAXMAN, LANGEVIN, Mr. NADLER, Mr. PAYNE, Mr. HIN- the United States Congress to designate the and Mr. KUCINICH. CHEY, Mr. ENGEL, Mr. BROWN of Ohio, and Ms. Paia Post Office Building in honor of the late H.R. 1470: Ms. SLAUGHTER, Mr. WAXMAN, JACKSON-LEE of Texas. United States Representative Patsy Mr. CLAY, Mr. BISHOP of New York, and Ms. H. Con. Res. 111: Mr. MCGOVERN, Mr. Takemoto Mink; which was referred to the KAPTUR. STARK, and Mr. KENNEDY of Rhode Island. Committee on Government Reform.

VerDate Jan 31 2003 03:44 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A08AP7.050 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, APRIL 8, 2003 No. 56 Senate The Senate met at 10 a.m. and was essary firebreaks of lesser evil to con- consent agreement to vote on the pend- called to order by the President pro tain and extinguish the greater, since ing Owen nomination. I hope Members tempore (Mr. STEVENS). fervent wishing will not make it so. will not object to that agreement once The PRESIDENT pro tempore. To- Comfort and bless all whose suffering they are given an opportunity to speak day’s prayer will be offered by our is part of the price of peace. Give grace during today’s session. guest Chaplain, Rev. Campbell Gillon, to this Senate as they make decisions The Senate will recess from 12:30 p.m. Pastor Emeritus of Georgetown Pres- that will affect many, and grasp each to 2:15 p.m. for the weekly party byterian Church, Washington, DC. opportunity for good afforded by the lunches. sacrifices made. Amen. It is my expectation that the Senate PRAYER f will take up the CARE Act this after- The guest Chaplain offered the fol- noon under the agreement reached last lowing prayer: PLEDGE OF ALLEGIANCE week. There is an understanding that Eternal God, we are creatures of a The PRESIDENT pro tempore led the although we will begin this bill this day, yet we thank Thee for touching Pledge of Allegiance, as follows: afternoon, we will not finish the CARE our lives with eternity, endowing us I pledge allegiance to the Flag of the Act until Wednesday morning. In addi- with insight as well as sight, con- United States of America and to the Repub- tion, there are a number of other re- science as well as cleverness, spiritual lic for which it stands, one nation under God, maining issues that may be addressed responsiveness as well as physical re- indivisible, with liberty and justice for all. this week prior to the April recess, and flexes. Forgive us whenever we deny f therefore Senators should expect votes the ‘‘better angels’’ of our nature, thus each day of the session. RECOGNITION OF THE MAJORITY depriving ourselves of divine guidance The PRESIDING OFFICER. The Sen- LEADER and help. ator from Nevada is recognized. We need Thy help now as a nation of The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, from 10:30 nations, peerless in military power and CHAMBLISS). The majority leader is rec- until 12:30, is there any need that we, economic potential, that we do not fall ognized. in effect, guard the floor, and that into the temptations of overweening f there will be no call for the vote on the superiority or self-centered isola- Owen nomination this morning? tionism. We know from this Republic’s SCHEDULE Mr. FRIST. That would be fine. We foundation, recognizing divine endow- Mr. FRIST. Mr. President, the Sen- do not expect to vote between 10:30 and ments received, that righteousness ate will be in a period of morning busi- 12:30. alone exalts a nation and where this vi- ness today until 10:30 a.m. This is the sion is lacking, people cast off re- time set aside for Senators to honor f straint and perish. Save us from such the men and women fighting in Iraq. an end through corruption of the spirit. Following morning business, the Sen- RESERVATION OF LEADER TIME Teach us that we are alive for a pur- ate will resume debate on the nomina- The PRESIDING OFFICER. Under pose and that popularity in the world tion of Priscilla Owen to be a circuit the previous order, the leadership time does not necessarily equate with divine court judge for the Fifth Circuit. A is reserved. approval. May we learn individually number of Senators have indicated and collectively from the words of the they are prepared to speak on her nom- f old hymn: ination, and I hope they will do so dur- Some will hate thee, some will love thee, ing today’s session. Some will flatter, some will slight; As I mentioned yesterday, the Senate MORNING BUSINESS Cease from man, and look above thee: has only confirmed two circuit court The PRESIDING OFFICER. Under Trust in God and do the right. nominees this year. We have a total of the previous order, there will now be a Lord God, we need Thy help daily to six circuit court nominations pending period for the transaction of morning discern the right. Knowing how mixed on the Executive Calendar awaiting business not to extend beyond the hour human motives can be, keep this Na- Senate action. I will continue to work of 10:30 a.m., with time to be equally tion ever facing toward good ends of with the Democratic leader to try to divided between the Senator from liberation from oppression, humani- schedule these judicial nominations for Texas, Mrs. HUTCHISON, and the Demo- tarian help, others’ self-determination a vote at a time certain. cratic leader or his designee. and lasting peace. In this sinful world, Having said that, it is my hope that The Senator from Texas is recog- grant wisdom to those creating nec- later today we will be able to reach a nized.

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

S4919

. S4920 CONGRESSIONAL RECORD — SENATE April 8, 2003 HONORING OUR ARMED FORCES in our hearts. She will not be forgot- as ‘‘a mild-mannered, quiet child’’ who Mrs. HUTCHISON. Mr. President, ten. It gives us comfort to know that attended Bible study every Wednesday today I am going to continue what the she is at peace right now.’’ night before joining the Army. Senate has been doing since our troops Behind me are the pictures of some The 507th Maintenance Company still started the invasion of Iraq, and that is who have died in action, and I am has five soldiers who are prisoners of to take the first period before we go on going to speak about each of them. war. They are SP Shoshana Johnson, In Texas, there is a town called Com- to the business of the day to salute the SP Edgar Hernandez, SP Joseph Hud- fort that lived up to its name by em- son, PFC Patrick Miller, and SGT troops who are in the field protecting bracing and comforting the parents of James Riley. I have talked with Claude our freedom. Today, I want to salute the members SP James Kiehl. In Comfort, TX, the Johnson, Shoshana’s father, several times. He and his wife Eunice are car- of the 507th Maintenance Company. parents of SP James M. Kiehl are being ing for Shoshana’s 2-year-old daughter. This is the company out of Fort Bliss comforted by their friends and neigh- bors. The 6-foot 8-inch soldier was a These five have not been seen pub- in El Paso, TX, who really were the licly since several hours after they first to be captured, the first prisoners high school basketball player and a member of the band. The people of were taken prisoner March 23, and the of war shown on Iraqi television. Some International Committee of the Red of them have now been recovered, but Comfort, moved by James’ death, cre- ated an impromptu memorial where Cross has not yet been able to visit there are still five missing. them in captivity. We join all Ameri- The rescue of PFC Jessica Lynch was basketballs, flower arrangements, per- sonal notes, and even baseball bats cans in urging the Iraqi Government to a moment of triumph but also sadness, treat those prisoners in accordance as the celebration was tempered by the have been left as tributes to James. His father summed up the family’s feelings with the Geneva Convention, just as we recovery of the remains of fallen sol- have treated the thousands of Iraqi diers who were later identified as her this way: We just want everyone to know we support prisoners we hold. comrades in arms. General Renuart at We pray those prisoners of war from CENTCOM described the rescue this the President and the troops, and we believe in what James went over there for. the 507th Maintenance Company will be way: A special ops soldier called to Pri- returned safely to their families. We vate Lynch saying: James Kiehl’s wife, Jill, is staying with her parents in Des Moines, IA, and pay tribute to them today for the sac- Jessica Lynch, we’re United States soldiers is expecting their first child next rifices they have made. and we’re here to protect you and take you I thank the Chair. I yield the floor. home. . . . month. In Mobile, AL, Rev. Howard Johnson, The PRESIDING OFFICER. The Sen- As he walked over to her bed, took ator from Arkansas. Sr., buried his son, Army PFC Howard his helmet off, she looked up to him Mr. PRYOR. Mr. President, I come to Johnson, Jr., from the same pulpit of and said: the floor today to pay tribute to our the Truevine Baptist Church where he I’m an American soldier, too. men and women in uniform serving at had stood so many times offering words home and abroad and honor their serv- General Renuart also described the of comfort to his congregation. Rev- recovery of the remains of the soldiers ice to this Nation. Our service men and erend Johnson said of his son: women have risen to the call in the who had been killed because they were Howard, you out ran me, but I’ll see you in told by the same sources that there fight against terrorism. They have the morning. risen to the call to ensure peace and were remains of other soldiers on the SGT Donald Walters of Kansas City, ground outside the hospital where Jes- stability in the world. And they have MO, fought in Operation Desert Storm risen to the call to provide humani- sica lay. He said: and had followed in his father’s foot- tarian aid to those in need. At the same time, the team was led to a steps by joining the military. His fa- One of the great aspects about Amer- burial site, where, in fact, they did find a ther, Norman Walters, is an Air Force ica is our military. We have a history number of bodies that they believed could be veteran and said this about his son: Americans missing in action. They did not in our armed services, a rich and deep have shovels in order to dig those graves up, He was a patriotic guy. He felt it was his history of honor and integrity, and we so they dug them up with their hands. And duty to serve his country. see that firsthand in Operation Iraqi they wanted to do that very rapidly so they Sergeant Walters leaves behind a Freedom. could race the sun and be off the site before wife and three daughters. I wish to acknowledge the ultimate the sun came up; a great testament to the MSG Robert Dowdy and PVT Bran- sacrifice of two of our servicemen who will and desire of coalition forces to bring don Sloan were both from Cleveland, fell in the line of duty: Hospital Corps- their own home. OH. Master Sergeant Dowdy’s brother- man Michael Vann Johnson, Jr., a 25- That one line says all you will ever in-law had this to say about the career year-old Navy medic serving in the 3rd need to know about the character of soldier: Battalion of the 5th Marine Expedi- the young men and women in the mili- He was ready to accept the challenge. tionary Force. Michael was born in Lit- tary today, who refuse to leave their That’s the type of person he was. He knew tle Rock where his mother still lives. I fallen comrades behind: They dug them going in what he was in store for and who he talked with her by phone the other up with their hands, and raced the sun. was and what he was about. day. She is a soldier in her own right. On Friday evening, the families of Private Sloan’s father, the Rev. LCpl Thomas Blair was a 24-year-old those whose remains were recovered Tandy Sloan, proudly said his son ‘‘was marine whose father, Al Blair, resides were officially notified that their loved very committed to the cause of coun- in Gravette, AR. ones had been killed in action. We try.’’ They died very bravely, both serving mourn their loss. PVT Ruben Estrella-Soto was from their country and both trying to make They were PFC Lori Ann Piestewa, El Paso, TX. This is his graduation pic- life better for mankind. I pray for their the first American woman soldier ture. His father said his son families, and I honor them as brave and killed in the Iraq war. This is a picture had a lot of desire to do something with his selfless men who put their lives on the showing the two friends, PFC Jessica life, and wanted to go into the military so he line to make the world safer for others. Lynch and PFC Lori Piestewa. They could get education. I also pray for Iraq and the Iraqi peo- were at Fort Bliss the day of their de- CWO Johnny Villareal Mata was ple. I pray that after Saddam Hussein ployment. They were roommates and from Amarillo, TX. He played football leaves power and that regime ends, the friends. on the Pecos High School Eagles foot- next government in Iraq will be peace- Private First Class Piestewa was a ball team and graduated in 1986. Soon ful; that it will not be oppressive of its Hopi Indian, one of the few American thereafter he joined the Army. The own people; that it will not be aggres- Indian women serving in the military. family remembered him this way: sive toward its neighbors; that Iraq She was PFC Jessica Lynch’s good Our hearts are saddened, and we share the will become a solid rock in the Middle friend and roommate. pain with the other families. He will be deep- East and in that part of the world and ‘‘Our family is proud of her; she is ly missed and will never be forgotten. a model of stability. our hero,’’ her brother Wayland said SP Jamaal Addison of Roswell, GA, I also honor the service of LCpl Saturday. ‘‘We are going to hold that is remembered by his step-grandmother James, or as we know him, ‘‘Jason,’’ April 8, 2003 CONGRESSIONAL RECORD — SENATE S4921 Smedley of the U.S. Marine Corps. time with their families every day to there today guarding a vital airstrip. Jason was wounded in combat and, by keep us safe from those who would try Thank you, Joshua, for your service, the grace of God, he is returning to us to do us harm. Their commitment and for your commitment and for your now. When not fighting for his country, contributions to national security and bravery. he serves in the office of my colleague homeland security should not be for- I would also like to take a moment from Arkansas, Senator BLANCHE LIN- gotten. We all salute their spirit. to pay tribute to David Bloom, a Min- COLN, assisting Arkansans. We look for- I urge all Americans to pray for our nesotan. Like millions of Americans, I ward to having Jason back, around and troops, their families and our Presi- watched the broadcasts of David Bloom helping Arkansans in the many ways dent, as we defend our Nation and the of NBC from Iraq, a young man full of he does. world from those who seek to do us promise with a young vibrant family. Military service is not a job; it is a harm. This dedicated reporter left all of us calling. It takes a special person to I yield the floor. much too soon. It is a long way from pledge to serve their country, risking The PRESIDING OFFICER. The Sen- the shady streets of Edina, MN, David life and limb in doing so. It takes cour- ator from Minnesota. Bloom’s hometown, to the outskirts of age, commitment, and a true sense of Mr. COLEMAN. Mr. President, as I Baghdad. We are heartbroken at the self to be prepared to deploy and fight stand on the floor of the Senate, it is death of David Bloom. for America. crystal clear that the reign of the dic- Like every other American, he was I have two young children, ages 7 and tator of Iraq is quickly coming to an there as a volunteer. His job was not to 9, and I think about the children of our end. In fact, he may already have fallen fight but to help tell the world the military men and women. I think as a result of yesterday’s bombings. truth about the courage and integrity about the boys and girls whose fathers There is no question that his death of our country, even at war. He turned and mothers are far from home or grip around the throats of the Iraqi out to be an outstanding representa- working long hours in the United people is being lifted; his fingers pried tive of these qualities himself. States. I want them to know we appre- by American, British, and other coali- Americans have always known that ciate the sacrifices they are making, tion forces at places such as Basra, freedom and security come at a ter- that we admire their valor in keeping Mosul, and Baghdad. But the freedom ribly high price. It humbles and in- their spirits up, and that their parents of Iraq has come at a loss, a loss of spires us all how many are willing to are doing a job that epitomizes the best American, British, and Iraqi lives. I pay it for us. David Bloom made Min- in human character. mourn the death of each and every one nesotans proud and he served his pro- I pray to God for peace, for world of our sons and daughters, folks who fession and his Nation with great valor. peace, and for the safe return of our volunteered to stand in harm’s way for Our prayers and support will be with troops, and I thank God. I thank God freedom and liberties we wish for all his spouse and his daughters. for allowing me to serve the people of people. They are sons and daughters of I would like to use the words of some this Nation in this way. As a Senator a great American revolution that never of his colleagues and friends to dem- and a member of the Armed Services ends. The cause of freedom and liberty onstrate the professionalism and hu- Committee, I stand ready to work with never ends. manism of this wonderful reporter. The my colleagues and the President to We see pictures every day of uncom- following remarks were on MSNBC re- provide any and all support possible to mon valor, the soldiers who rescued a cently. Tom Brokaw said: young Jessica Lynch from her captors, ensure the success of our military David was the consummate reporter. He’d forces conducting these operations. the young men and women who dashed land in my office without knocking, slide the Our Nation is one of diverse views, hundreds of miles from Iraq to the bor- chair up to my desk and then begin to suck diverse ideologies, and diverse opin- ders of Baghdad to liberate the people all the oxygen out of the room asking ques- ions. That is one of the aspects that of that oppressed nation, or the sol- tions how to cover the story or who should make America great. We might not all diers—and there was one scene I he be contacting. And then, in a flash, he’d agree on how we got to this point; watched on the news of three soldiers be gone. nonetheless, we come together as one with a reporter. They had enough juice Tim Russert, one of David’s mentors, country to support the service men and in a cell phone to make one call. One of says: women who are currently risking life the soldier’s wives was pregnant, but He had a sense of decency and civility. He and limb for this great Nation. They instead of calling their families, they didn’t go for the cheap shot. You fuse that put themselves in harm’s way not for chose to call the parents of a fallen with professionalism, and he had something personal aggrandizement or advance- comrade to see how his mom and dad viewers wanted to watch, embrace. ment but for immense love of country, were doing. Yes, the sacrifice of our troops and liberty, and family. There are dozens of pictures of Amer- their families must never be forgotten. If they can hear me today, I say be ican soldiers comforting the people of But we must also remember the out- assured that the American people are Iraq, bringing them food and offering pouring of love back at home and the behind you. them compassion. These are America’s countless acts of kindness and support When appearing before the Senate sons and daughters. They are the pic- on behalf of our fighting men and Armed Services Committee a few tures of America that the world sees women. I think of the small Catholic weeks ago, GEN John Keane, Vice today. They are the pictures of Amer- grade school in Hampton, MN, that has Chief of Staff of the U.S. Army, testi- ica that bring hope to oppressed people just 57 students in the entire school. fied to the courage of our military per- of the world. They are SPC Joshua The schoolchildren came up with a sonnel. He said, when asked what is Sams of St. Francis, MN, a paratrooper wonderful way to show their affection their greatest challenge, his division in the 173rd Airborne Brigade. Fol- and appreciation for our troops on the commanders replied: Keeping our sol- lowing in the boot steps of a military battlefield. diers from being too brave. They are family, Joshua’s father was in the They issued a ‘‘penny challenge’’ last brave, but we want them to return Army during the Korean war. Two of week. Each class was given a pail and home. his brothers are in the Army now and children were asked to drop pennies, do This is not just for our regular one is in the National Guard awaiting what they can, even on a small scale to Armed Forces but also for our Reserves deployment. Joshua joined the Na- show their support. Administrators and our members of the National tional Guard at the age of 17. After 2 were amazed at how much money they Guard. They all play a very key role in years, he wanted to do more for his raised, more than $1,000 with the maintaining strong national defense. country, and Joshua’s mom said her money going for care packages to U.S. Just as we should thank our military son had trained hard for months and troops in Iraq. Parents were very sup- overseas and at home, we should also was anxious to go to Iraq, was ready to portive as well, but the smallest chil- thank our first responders who protect go to Iraq, ready to heed the call of dren were the ones who collected the our hometowns. Firefighters, police, duty. Two weeks ago today, Joshua most money, the kindergartners. health care personnel, they risk their was among the brave paratroopers who Another show of support came from lives every day and sacrifice precious leapt into northern Iraq and remains the magic of television. Believe it or S4922 CONGRESSIONAL RECORD — SENATE April 8, 2003 not, the first pitch of the Minnesota April 2, 2003, doing basically the same want to clear up misstatements and Twins’s home opener this week was thing. misrepresentations of her record dating thrown out from the Middle East by a These photographs demonstrate an back to last year. I was confident Jus- group of Minnesota soldiers. Josh old axiom about military operations tice Owen would again demonstrate her Tverger, a U.S. Army specialist from that was written by Ted Fehrenbach in intelligence and capacity for Federal Norwood Young America, MN, threw ‘‘This Kind of War,’’ a book about the judicial service. To put it mildly, she out the first pitch from the Kuwaiti Korean war: certainly did not disappoint. She han- desert. In the Metro Dome, Army SP Americans in 1950 rediscovered something dled questions with insightful and sub- Greta Lind of Le Sueur, MN, was on that since Hiroshima they had forgotten: stantive answers. She was a superb wit- the receiving end. It was all accom- You may fly over a land forever; you may ness, one of the best we have ever had plished through the spectacular tech- bomb it, atomize it, pulverize it and wipe it before the Senate Judiciary Com- nical satellite links similar to what clean of life—but if you desire to defend it, mittee. our military has put to such stunning protect it, and keep it for civilization, you We heard valuable testimony from must do this on the ground, the way the Senator CORNYN, a new Senator, but no use on the battlefield, and now on the Roman legions did, by putting your young ballfield. men into the mud. newcomer to Justice Owen’s record or Yes, there is much love at home. the workings of the Judiciary. In fact, I know Ted Fehrenbach and I know There is also much sadness in many he served with Justice Owen on the he would have said today, by putting homes and villages of those who have Texas Supreme Court for a period of 3 your brave young soldiers and marines given their lives. We thank them. Our years, serving side by side with her. He in the mud, because what he is saying thoughts and prayers are with those had been a Texas trial judge before essentially is the same today as it was who are on the front line today. Our that time. He also served as a Texas in 1950. And that is, if you want to pro- thoughts and prayers are with the fam- State attorney general for the last 3 tect a land and keep it for civilization, ilies of those who have given the ulti- years. Senator CORNYN answered a fre- you must have our young men and mate sacrifice. If we could hug every quent criticism leveled at Justice women willing to go in on the ground. one of them, moms and dads and sisters Owen, a criticism that is false, that she The truth is still the same today. and brothers, I would do it and I know is out of the mainstream on her own I yield the floor. the Senator from Georgia would do the court. If anyone would know whether same. f Justice Owen, in fact, fits this charac- They have our love. They have our MORNING BUSINESS CLOSED terization, Senator CORNYN would prayers. They have our thoughts. God know. He worked next to her, heard the bless them all. The PRESIDING OFFICER (Mr. very same oral arguments she did, ex- The PRESIDING OFFICER. The Sen- COLEMAN). Morning business is closed. amined and debated the same law and ator from Texas. f facts with her, and decided the very Mrs. HUTCHISON. Mr. President, I same cases she did. thank the Senator from Minnesota for EXECUTIVE SESSION There is no doubt, then, Justice a wonderful statement. Certainly, Cornyn disagreed with Justice Owen at every single life that is lost over there times. I can reel off a few case names NOMINATION OF PRISCILLA is appreciated and will be appreciated as well as anyone. But the significant RICHMAN OWEN, OF TEXAS, TO forever in the hearts of Americans be- thing is that he supports her confirma- BE UNITED STATES CIRCUIT cause those young men and women are tion despite attempts by some to cre- JUDGE FOR THE FIFTH CIRCUIT protecting the freedom we enjoy. ate division where none exists. David Bloom, a constituent of the The PRESIDING OFFICER. Under Former Texas Supreme Court Jus- Senator from Minnesota, was also pro- the previous order, the Senate will now tices John L. Hill, Jack Hightower, and tecting our way of life. He was pro- go into executive session and resume Raul Gonzalez, all Democrats, are tecting the freedom of the press. He consideration of Executive Calendar 86, united in concurring with Senator was serving so well to do that. I knew which the clerk will report. CORNYN’s opinion calling Justice Owen David personally, as most Members The assistant legislative clerk read unbiased and restrained in her deci- did, because he was such a special per- the nomination of Priscilla Richman sionmaking and applauding her for her son and he did his job, worked hard, Owen, of Texas, to be United States impeccable integrity, for her great and was here a lot. We very much miss Circuit Judge for the Fifth Circuit. character and great scholarship. The him and we know so many of his col- Mr. HATCH. I rise today to express diverse and formidable group, made up leagues miss him, as well. my unqualified support for the con- of 15 former presidents of the Texas Mr. President, I wish to talk about firmation of Justice Priscilla Owen to State bar, wrote in a letter of support: T.R. Fehrenbach, a constituent of the Fifth Circuit Court of Appeals. Although we prefer different party af- mine, who wrote what many think is Last evening I talked about the impor- filiations and span the spectrum of the definitive book on the Korean war tance of this debate and this vote. I views of legal and policy issues, we called ‘‘This Kind of War.’’ It is appro- talked about this vote as an oppor- stand united in affirming that Justice priate today. We have been amazed at tunity to remedy the mistreatment Owen is a true, unique, and out- the technological capability of our Justice Owen received last September standing candidate for the appoint- military in the war in Iraq. They have when she was voted down in com- ment to the Fifth Circuit. launched missiles, dropped bombs, and mittee, along party lines, and blocked There is no dissent from Hector De delivered other ordnance on the battle- from receiving a Senate vote. We know Leon, immediate past president of field with pinpoint accuracy. I came she would have been confirmed in the Legal Aid of Central Texas, who ap- across a picture today reminiscent of Senate by both Democrat and Repub- plauds Justice Owen’s commitment to our soldiers from an earlier era that re- lican Members, but unfortunately she improving the quality of legal services minds me of some basic truths that was never allowed to make it to that for the poor, or from Mary Sean apply no matter how much techno- point. I talked about this vote as an O’Reilly, lifelong member of the logical capability we might acquire. opportunity for the Senate to show we NAACP, pro-choice Democrat who I have a picture of American troops can be fair to a well-qualified nominee worked with Justice Owen on gender from the Army’s 101st Airborne Divi- and provide him or her a simple up-or- and family law issues. They are joined sion marching into Bastogne during down vote. in support by E. Thomas Bishop, presi- World War II. This was the counter- Finally, I talked about this vote as dent of the Texas Association of De- attack against the Germans. We see an opportunity to place a great judge, fense Counsel, who writes: I cannot the 101st Airborne Division. I have an- Justice Owen, on the bench. I convened imagine a more qualified, ethical, and other picture taken last week of the a hearing for Justice Owen last month knowledgeable person to sit on the 101st Airborne Division, nearly 60 years because I wanted to provide all of my Fifth Circuit; and William B. Emmons, later—a column from the First Brigade colleagues an opportunity to ask ques- self-styled Texas trial attorney, Demo- march into Najaf, Iraq, on Wednesday, tions of her and to hear her answers. I crat, and ‘‘no friend of Priscilla April 8, 2003 CONGRESSIONAL RECORD — SENATE S4923 Owen’’—those are his words—who, nev- to successfully petition the Texas unique position as one of the finest ertheless, said: Justice Owen will serve State Legislature to provide better women lawyers in the country, one of the Fifth Circuit of the United States funding for organizations devoted to the finest women justices in the coun- exceptionally well. helping the poor with legal support try, and one of the finest people who Those who have been in support of services. really has worked so hard for women Justice Owen are familiar with her Earlier, I mentioned a letter of sup- and women’s issues and gender issues record of service, but it deserves brief port for Justice Owen, which was sent who has ever served in any court in review in the Senate. Priscilla Owen is by Hector De Leon, past President of this country. It is very difficult for me a native of Palacios, Texas, a town lo- Legal Aid of Central Texas. Let me just to see how anybody could vote against cated on the southern coast of Texas, quote a small part of that letter, be- her. grew up in Waco, TX, and attended cause it makes the point better than I I hope we can have this vote, up or school there. Following graduation can, regarding Justice Owen. down, within a relatively short period from high school, Justice Owen en- Justice Owen has an understanding of and of debate. I hope everybody will get to rolled in Baylor University where she a commitment to the availability of legal the floor and say what they have to say received a bachelor of arts degree cum services to those who are disadvantaged and about Justice Owen, and we will be laude. She attended Baylor University unable to pay for such legal services. It is happy to enter into debate at any time. School of Law with a scholarship, that type of insight and empathy that Jus- I yield the floor. again excelling in studies by achieving tice Owen will bring to the Fifth Circuit. The PRESIDING OFFICER. The Sen- cum laude and serving as a member of Justice Owen is active in her church ator from Texas. Mrs. HUTCHISON. Mr. President, I the law review. She scored the highest and respected in her community. She is want to say first how much I appre- score in the State on the Texas bar a mentor to young women attorneys, ciate Senator HATCH, the chairman of exam after finishing school, a terrific having made it to the top of the legal the Judiciary Committee, who has accomplishment in a State the size of profession during a period of time when done an incredible job under very try- Texas. relatively few women went to law ing circumstances on the nomination Justice Owen worked for the Houston school—fewer were hired by pre- of Priscilla Owen. firm Andrews & Kurth as a commercial eminent firms—and even fewer are ad- vanced thereafter to partnership. Jus- Senator HATCH saw early on what an litigator for 17 years, gaining seasoning outstanding person we have in Priscilla in appearances before Texas State and tice Owen did all three. As a judge, Justice Owen is an advo- Owen, and though on a straight party- Federal courts and courts elsewhere. line vote she was turned down by the Besides extensive work in oil and gas cate for breaking glass ceilings in the committee last year, and was unable to litigation, she handled securities mat- legal field. She has served on the Texas get to the floor even for a vote this ters and did work on cases heard by the Supreme Court Gender Neutral Task Force, a working group seeking to pro- year, with Senator HATCH’s leadership Texas Railroad Commission. She be- she has been able to come out of com- came a partner with the firm in the mote equality for women in the Texas legal system, and addressing problems mittee, again on a straight party-line mid-1980s. vote. I am very hopeful she will get a Priscilla Owen successfully ran for a of gender bias in the profession. And, fair chance for a floor vote because she seat on the Texas Supreme Court in she served as one of the editors of the is one of the most outstanding people I 1994 and was reelected in the year 2000 Gender Neutral Handbook, a guide know. made available to all Texas lawyers for another 6-year term. Her reelection She has waited 1 year and 11 months. run in 2000 was supported by every and judges, and intended to educate That is when the President first nomi- major Texas newspaper. She won with and create awareness about gender nated her for the Fifth Circuit Court of 84 percent of the popular vote. bias. Appeals. Priscilla Owen was among the Based on this shining record of aca- If you look at her record, it is hard group of 11 judicial nominees an- demic and professional achievement, for me to imagine why my colleagues nounced by President Bush on May 9, the American Bar Association awarded on the other side of the floor, on the 2001. She is the kind of judge the people Justice Owen a unanimous well-quali- Judiciary Committee, voted against of the Fifth Circuit need on the bench, fied rating. That is after sending rep- her in any way. I don’t see how they an experienced jurist who follows the resentatives into the State, talking to could possibly vote against her with law and uses good common sense. She people on all sides of various issues; the record that she has. But they did. I has been nominated to a vacancy that talking to people on both sides of the suspect that politics had a little bit to has been classified as a judicial emer- political spectrum, both Democrats do with it. gency and that should be filled expedi- and Republicans; talking to fellow Justice Priscilla Owen is an excellent tiously. members of the bar, those who knew choice for the Fifth Circuit. There is no Justice Owen is an 8-year veteran of her the best. They came up with a doubt that some will pull isolated bits the Texas Supreme Court. She is high- unanimously well-qualified rating, the and pieces out of Justice Owen’s rich ly qualified. She graduated cum laude highest rating the American Bar Asso- and textured background in an attempt from Baylor Law School in 1977. There- ciation can give. to discredit and diminish her accom- after, she earned the highest score on This rating does mean that Justice plishments and abilities and jurispru- the Texas bar exam. Before joining the Owen is at the top of the legal profes- dence. There is no doubt some will Texas Supreme Court in 1994, she was a sion in her legal community; that she avoid mentioning the positive aspects partner in a major Texas law firm has outstanding legal ability, breadth of Justice Owen’s career, and despite where she was a commercial litigator of experience, and the highest reputa- this fact, it bears noting once more for 17 years. tion for integrity, and that she has that those who know Priscilla Owen She has used her legal talents to help demonstrated or exhibited the capacity best know what a terrific judge she is those in need. She has worked to im- for judicial temperament. Only a few now and will be on the Federal court. prove access to legal services for the people achieve that select highest rat- I have come to know Justice Owen poor. She fought to increase funding ing. and her record and I agree she has been for these programs. Justice Owen is a member of the an excellent State judge, and she prom- She has also helped organize a group prestigious American Law Institute, ises to be an excellent Federal judge. I known as Family Law 2000, which the American Judicature Society and ask my distinguished colleagues in the seeks to educate parents about the ef- the American Bar Association, and a Senate to join me in voting for the con- fects of divorce on children, and to Fellow at the Houston and American firmation of Justice Priscilla Owen to lessen the adversarial nature of legal Bar Associations. She has taken a gen- the Fifth Circuit Court of Appeals, and proceedings when a marriage is dis- uine interest in improving access to I certainly hope this great justice is solved. justice for the poor while serving on not going to be filibustered, as Miguel Justice Owen enjoys broad support. the bench as a liaison to State commit- Estrada has been. The American Bar Association Stand- tees on pro bono and legal services for Nevertheless, we are prepared for ing Committee on the Federal Judici- the indigent. She worked with others whatever happens here. She stands in a ary has voted her unanimously well S4924 CONGRESSIONAL RECORD — SENATE April 8, 2003 qualified. To merit this ranking, the and in this line of cases she has con- The PRESIDING OFFICER. Without ABA requires that the nominee must sistently applied Supreme Court prece- objection, it is so ordered. be at the top of the legal profession in dent to help interpret uncertainty in The PRESIDING OFFICER. The Sen- his or her legal community, have out- the statute. The cases in question deal ator from Vermont. standing legal ability, breadth of expe- strictly with statutory interpretation Mr. LEAHY. Mr. President, today the rience, the highest reputation for in- of Texas law, not with constitutional Senate has begun an extraordinary, ac- tegrity, and either have demonstrated rights. tually unprecedented, debate to recon- or exhibited the capacity for judicial These are not abortion cases. They sider the nomination of Priscilla Owen temperament. are issues of parental involvement. to the United States Court of Appeals I would say her judicial temperament They are notification—not consent— for the Fifth Circuit. In the history of has been proven in the 1 year 11 months laws. Forty-three States have passed the country, there has never been a that she has waited for confirmation some form of parental involvement time when a President has resubmitted because the way she has conducted her- statute. During two lengthy committee a circuit court nominee already re- self has been exemplary. She has been hearings, Justice Owen defended her jected by the U.S. Senate Judiciary available to meet with any Senator. decisions as consistent with U.S. Su- Committee for the same vacancy. Until She has answered every question. She preme Court rulings. 4 weeks ago, never before had the Judi- has gone back into records to make In addition, almost all of the cases ciary Committee rejected its own deci- sure that she was answering exactly that came to the supreme court were sion on such a nominee and granted a correctly. She has maintained com- cases in which she voted to affirm the second hearing. We have a case where plete silence about this process about district court and the circuit court of the Senate Judiciary Committee, hav- which I am sure she has some strong appeals rulings. So it would have been ing decided not to give even one hear- opinions. But I think she has shown her highly unusual for the supreme court ing to President Clinton’s nominees to judicial temperament by being very to overturn the trier of fact and the the Fifth Circuit from Texas, Enrique much on an even keel, basically saying: first appellate court. Moreno and Jorge Rangel, in fact hav- I would love to be on the Fifth Circuit, I hope my colleagues will see that ing decided not to give a satisfactory but I am very happy on the Texas Su- her methods of statutory interpreta- hearing to President Bush’s nominees preme Court. tion are sound and that she is an exem- to the DC and Sixth Circuits, John Of course, she is well regarded by plary judge. Roberts and Deborah Cook, the com- those who know her best. We do elect I urge my colleagues not to filibuster mittee nonetheless proceeded with an- judges in Texas. In 2000, Justice Owen this well-qualified nominee but to give other hearing for Justice Owen. was reelected to the Supreme Court her an up-or-down vote. I hope we will It is unprecedented both in its proce- with 84 percent of the vote. She was en- confirm this outstanding supreme dures but also in its political partisan- dorsed by every major newspaper in court judge from Texas who has waited ship. What did we learn in that second Texas—every one. almost 2 years now for the Fifth Cir- hearing? We learned that given some The Dallas Morning News called her cuit Court of Appeals appointment. time, Justice Owen was able to enlist record one of ‘‘accomplishment and in- If there were anything in her record the help of the talented lawyers work- tegrity.’’ The Houston Chronicle wrote against integrity or competence or ju- ing at the White House and the Depart- she ‘‘has the proper balance of judicial dicial demeanor, it would be a different ment of Justice in their political arm experience, solid legal scholarship, and case, but that is not the case about real world know-how.’’ to come up with some new justification Priscilla Owen, whom I know well, for her activism. We learned that given Despite the fact that she is a well-re- whom I have been with on many occa- spected judge who has received high six months to reconsider the severe sions. I know the people who appear be- criticism directed at her by her Repub- praise, her nomination has been tar- fore her court. She is rated outstanding geted by special interest groups that lican colleagues, she still admits no by all who know her, who are giving error. Mostly, I think we learned that have mischaracterized her views. any kind of an objective view. Let me read the words of former the objections expressed last Sep- I hope this Senate will not do to Pris- tember were sincerely held then, they elected attorney general and Texas Su- cilla Owen what has happened to an- preme Court Chief Justice John L. Hill, are sincerely held now. Nothing Justice other well-qualified nominee, Miguel Owen amplified about her record—in- Jr., a lifelong Democrat, denouncing Estrada, who also has a sterling aca- the false accusations about Priscilla deed, nothing anyone else tried to ex- demic record, who also has a record of plain about her record—actually Owen’s record by special interest integrity and experience. I hope this groups. changed her record. Senate will not start requiring 60 In September, when we considered Their attacks on Justice Owen in par- votes, where the Constitution requires this nomination in the committee the ticular are breathtakingly dishonest, ignor- a simple majority for qualified nomi- ing her long-held commitment to reform and first time, I said I was proud the Demo- grossly distorting her rulings. Tellingly, the nees. crats and some Republicans had kept groups made no effort to assess whether her Let’s have a vote up or down. We do to the merits of the nomination and decisions are legally sound. . . . I know not need a new standard. In fact, if we chose not to vilify or castigate or un- Texas politics and can clearly say that these had a new standard, it should go fairly characterize and condemn with- assaults on Justice Owen’s records are false, through the constitutional process. We out basis Senators working conscien- misleading, and deliberate distortions. should have a constitutional amend- tiously to fulfill their constitutional That is a quote from former chief jus- ment that says Supreme Court and cir- responsibility. tice of the Texas Supreme Court, John cuit court and district court judge After hearing some of the ugly things Hill, elected as a Democrat. nominees will be required to have 60 that were subsequently said at that Senator HATCH has taken the ex- votes. It would take a constitutional business meeting, some of the accusa- traordinary step of holding a second amendment to do that. But Miguel tions made against my colleagues and hearing on Justice Owen in order to get Estrada is being required to have 60 those interested citizens across the the record straight and because Sen- votes. I hope that is not the standard country who expressed opposition to ator LEAHY, the ranking member, real- we put on Priscilla Owen. Justice Owen’s nomination, I was sore- ly insisted that she have another hear- Mr. President, I yield the floor. ly disappointed that some in the Sen- ing. She did so well in those hearings. Mr. HATCH. Mr. President, I suggest ate had not kept solely to the merits. I watched them after I introduced her. the absence of a quorum. I continue to believe what Senator Once again, her evenhandedness and The PRESIDING OFFICER (Mr. FEINSTEIN said that day is true. By her legal brilliance came through. ENZI). The clerk will call the roll. doing its job on the nomination, by ex- One issue that came up during the The senior assistant bill clerk pro- ercising due diligence, by examining hearings involves Texas’s parental no- ceeded to call the roll. records, by not just rubber stamping tification statute. I believe Justice Mr. NELSON of Florida. Mr. Presi- every nominee the President sent us, Owen has demonstrated that she is a dent, I ask unanimous consent that the the Judiciary Committee showed itself judge who follows and upholds the law, order for the quorum call be rescinded. to be alive and well. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4925 We confirmed the overwhelming ma- lated in the previous case. . . . Finally, Then we have Collins v. Ison- jority of the President’s judicial nomi- under our form of government, the legit- Newsome, another case where a dis- nees, 100 out of 103 considered while I imacy of the judiciary rests in large part sent, joined by Justice Owen, was upon a stable and predictable decision- was chairman—incidentally, setting an making process that differs dramatically roundly criticized by the Republican all-time speed record. We took the from that properly employed by the political majority of the Texas Supreme Court. time to look at their records. We gave branches of government. The court cogently stated a legal basis each person who was nominated to this That Justice Cornyn sure knows how for its conclusion that they had no ju- lifetime seat on the Federal bench the to write. He did a great job on this one. risdiction to decide the matter before scrutiny he or she deserved. We did not Now, I may not agree with him on all it, and as in other opinions where Jus- have the assembly line which seems to other things, I may not even agree tice Owen was in dissent, took time to be in overdrive since this last Congress with him on the issue before us now, explicitly criticize the dissent’s posi- took over. but I sure agree with his decision tion contrary to the clear letter of the The rush to judgment on so many of there. law. the nominees before us does not change Actually, I speak of it as being a con- At issue was whether the Supreme the fact that we fully and fairly consid- servative Supreme Court. In the 30 Court had the proper ‘‘conflicts juris- ered the nomination of Priscilla Owen years I was practicing, we had a pretty diction’’ to hear the interlocutory ap- last year. The record was sufficient conservative Supreme Court in peal of school officials being sued for when we voted last year. It did not Vermont, and I suspect they would defamation. The majority explained need any setting straight. have written the same thing. I suspect that it did not because published lower I voted ‘‘no’’ the last time this nomi- most supreme courts would have writ- court decisions do not create the nec- nation was before us. In sharp contrast ten the same lines about stare decisis. essary conflict between themselves. to the record of the district court I do not think that is a case whether The arguments put forth by the dis- nominee Cormac Carney who was just one is conservative or liberal on their sent, in which Justice Owen joined, of- confirmed by the Senate—he came to supreme court. I suspect we could go fended the majority, and they made us with strong bipartisan support—Jus- through all 50 States, whether it is Wy- their views known, writing: tice Priscilla Owen is a nominee whose oming, Vermont, Texas, or anywhere The dissenting opinion agrees that ‘‘be- record is too extreme in the context of else, and find similar language. cause this is an interlocutory appeal . . . the very conservative Texas Supreme The Republican majority on the this Court’s jurisdiction is limited,’’ but Court. Her nomination presents a num- Texas Supreme Court followed prece- then argues for the exact opposite propo- ber of areas of serious concern to me. dent. They followed stare decisis. sition. . . . This argument defies the Legisla- The first area is her extremism even In Montgomery Independent School ture’s clear and express limits on our juris- among a conservative Supreme Court District v. Davis, Justice Owen wrote diction. . . . The author of the dissenting opinion has written previously that we of Texas. The conservative Republican another dissent which drew fire from a should take a broader approach to the con- majority of the Texas Supreme Court conservative Republican majority, this flicts-jurisdiction standard. But a majority has gone out of its way to criticize Jus- time for her disregard for legislative of the Court continues to abide by the Legis- tice Owen, the dissents she wrote and language. In a challenge by a teacher lature’s clear limits on our interlocutory-ap- the dissents she joined in ways that are who did not receive reappointment to peal jurisdiction. highly unusual, and highlight not a her position, the majority found the Listen to what they said. Justice law-oriented activism but an ends-ori- school board had exceeded its author- Owen says because this is an interlocu- ented activism. ity when it disregarded the Texas Edu- tory, the appeals court’s jurisdiction is A number of justices on the Texas cation Code and tried to overrule a limited, but as the majority point out, Supreme Court have pointed out how hearing examiner’s decision on the she then argued for the exact opposite far from the language of statutes she matter. Justice Owen’s dissent advo- proposition. has strayed in her attempts to legislate cated for an interpretation contrary to They go on to say, ‘‘[W]e cannot sim- from the bench, to go far beyond what the language of the applicable statute. ply ignore the legislative limits on our the legislature intended. The majority, which included Alberto jurisdiction. . . .’’ One example is a majority opinion in Gonzales, now counsel at the White She was defiant of legislative intent, a case called Weiner v. Wasson. In this House, and two other appointees of a total disregard of legislatively drawn case, Justice Owen wrote a dissent ad- then-Governor Bush, was quite explicit limits. vocating a ruling against a medical about the view that Justice Owen’s po- I agree with what President Bush malpractice plaintiff, a plaintiff who sition disregarded the law: said during the campaign, he wanted was injured while he was still a minor. The dissenting opinion misconceives the people who would interpret the law on The issue was the constitutionality of hearing examiner’s role in the . . . process courts and not make the law. We have a Texas State law requiring minors to by stating that the hearing examiner ‘‘re- someone here who, time and again, fused’’ to make findings on the evidence the file medical malpractice actions before Board relies on to support its additional substitutes her judgment for the legis- reaching the age of majority or risk findings. As we explained above, nothing in lature’s judgment. In fact, she wants to being outside the statute of limita- the statute requires the hearing examiner to be both the legislature and the judici- tions. Of interest is the majority’s dis- make findings on matters of which he is ary. cussion of the importance of abiding by unpersuaded. You can be one or the other. You can- a prior Texas Supreme Court decision, The majority also noted the dis- not be both, not in our system of gov- a decision that was now stare decisis, senting opinion’s misconception, ernment. unanimously striking down a previous speaking of Justice Owen’s opinion: We are already saddled with an activ- version of the statute. The dissenting opinion’s misconception of ist Supreme Court, the U.S. Supreme In what reads as a lecture to the dis- the hearing examiner’s role stems from its Court. We are creating more activist sent, one of the very respected mem- disregard of the procedural elements the courts of appeals. This is someone who bers of the Texas Supreme Court, then- Legislature established in subchapter F to fits into the absolute motto of being an Justice John Cornyn, explains on be- ensure that the hearing-examiner process is activist judge. fair and efficient for both teachers and half of the majority: school boards. The Legislature maintained Frankly, I am opposed to the idea of Generally, we adhere to our precedents for local control by giving school boards alone having activists judges either on the reasons of efficiency, fairness and legit- the option to choose the hearing-examiner liberal side or the conservative side. I imacy. First, if we did not follow our own de- process in nonrenewal proceedings. . . . By want judges who interpret the law who cisions, no issue could ever be considered re- resolving conflicts in disputed evidence, ig- do not make the law, justices who are solved. The potential volume of speculative noring credibility issues, and essentially fair and open to all litigants. I want relitigation under such circumstances alone stepping into the shoes of the factfinder to litigants to be able to walk into a ought to persuade us that stare decisis is a reach a specific result, the dissenting opin- sound policy. Secondly, we should give due ion not only disregards the procedural limi- courtroom and look at the judge and consideration to the settled expectations of tations in the statute but takes a position say, it really does not make any dif- litigants like Emmanuel Wasson, who have even more extreme than that argued for by ference whether I am plaintiff, defend- justifiably relied on the principles articu- the board. . . . ant, rich, poor, liberal, conservative, S4926 CONGRESSIONAL RECORD — SENATE April 8, 2003 what political party I belong to, what got a hearing. So both of these people They were not going to fill that va- color I am, what religion I practice, were carefully rejected by not having a cancy. that judge will hear my case fairly. hearing. This happened in a number of cir- That judge will either rule with me or For years, as I have spoken before, cuits, including the Fifth Circuit. In rule against me but it will be based on we needed 100 votes to get any nominee fact, when the committee held its hear- the facts and the law before the judge through. Unless every single Senator, ing on the nomination of Judge Edith and not because of their particular ide- every single Senator agreed, the nomi- Clement to the Fifth Circuit in 2001, it ology or their particular bent or their nee would not get a hearing. Time and was the first hearing on a Fifth Circuit desire to substitute themselves and time again, dozens upon dozens upon nominee in 7 years. By contrast, Jus- their opinion, either for the executive dozens of cases, every single Demo- tice Owen was the third nomination to or for the legislative branch of Govern- cratic Senator agreed they should at the Fifth Circuit on which the Judici- ment. least have a hearing and a vote, and at ary Committee, under my chairman- Some of the most striking examples least one Republican would disagree, ship, held a hearing in less than 1 year. of criticism of Justice Owen’s writings, and they would never be given a hear- In spite of the treatment by the former or the dissents and concurrences she ing. As Allen Snyder, DC Circuit, never Republican majority of so many mod- joins, come in a series of parental noti- given a vote. Elena Kagan, just named erate judicial nominees of the previous fication cases heard in 2000. the dean of the Harvard Law School, President, we proceeded last July with In the case of Jane Doe I, the major- never given a hearing or a vote; Robert a hearing on Justice Owen. ity included an extremely unusual sec- Cindrich, Third Circuit, never given a So Justice Owen was the third nomi- tion explaining the proper role of hearing or a vote by the Republicans; nee to this vacancy. She was the first judges, admonishing the dissent joined Steven Orlofsky, Third Circuit, never to be afforded a hearing before the by Justice Owen for going beyond its given a hearing or a vote by Repub- committee. Actually, I set that hear- duty to interpret the law in an attempt licans; James Beatty in the Fourth Cir- ing. I even set the vote on a day that to fashion policy. Giving a pointed cri- cuit, never given a hearing or a vote by President Bush personally asked me to tique of the dissenters, the majority Republicans because not all of them set the vote. After having set it on the explained that: agreed. If one disagreed, if one ob- day he asked me to, the political arm of the Justice Department imme- In reaching the decision of granting Jane jected, they were not given a hearing Doe’s application, we put aside our personal or a vote. Andre Davis, Fourth Circuit, diately started calling all these edi- viewpoints and endeavored to do our jobs as never given a hearing or a vote because torial writers and others, saying: It is judges—that is, to interpret and apply the at least one Republican disagreed. terrible she is being set for a vote on Legislature’s will as has been expressed in They needed 100 votes to make it. Eliz- that day. It was interesting. They then, as they the statute. abeth Gibson, Fourth Circuit, never had the right to do, put it off for sev- In a separate concurrence, Justice given a hearing or a vote because one eral weeks, the vote. I almost wonder Alberto Gonzales wrote to construe the Republican disagreed. law as the dissent did ‘‘would be an un- The Fifth Circuit, Alston Johnson, what the vote would have been had it conscionable act of judicial activism.’’ never given a hearing or a vote, be- been on the day the President asked to I will speak further on this. I see the cause at least one Republican dis- have the vote, and the day I agreed distinguished Senator from Texas, who agreed. Kent Markus, in the Sixth Cir- with the President to have the vote, I understand may have a differing view cuit, Kathleen McCree Lewis, emi- and then was castigated by the White than I do on this nomination, and I do nently well qualified, at least one Re- House for going along with what Presi- dent Bush wanted. It is, with this ad- want to make sure he is given a publican disagreed, never given hear- ministration, sort of: No good deed chance. I will speak for a few more ings, never given votes. James Duffy in minutes and then yield. goes unpunished. the Ninth Circuit, never given a hear- But then I think it is interesting I note one thing. Justice Owen has ing or a vote, because at least one Re- what happened. Because after the Re- been nominated to fill a vacancy that publican disagreed. And the same could publicans put it off and we did not have has existed since January 1997. We are be said about so many others. James the vote on the day the President now in the year 2003. This vacancy has Lyons in the Tenth Circuit. Interest- asked, there was so much partisan poli- existed for 6 years. One might wonder ingly enough, in the Tenth Circuit ticking that went on on her behalf that why nobody was nominated during that never given a hearing or a vote because I think it solidified at least a couple of time. Actually, they were. President one Republican disagreed, and Demo- votes against her on that committee. Clinton first nominated Judge Jorge crats had helped move forward some- We will never know. Rangel, a distinguished Hispanic attor- body who many disagreed in that same But, even though Republicans had ney from Corpus Christi, to fill that va- circuit. blocked many of President Clinton’s cancy. He had one of the highest rat- I might point out that of all these nominees for the Fifth Circuit, we ings of the American Bar Association, people, and so many others, there are moved forward in a hearing for Pris- a majority found him well qualified. He dozens of others, but all of these had cilla Owen. At her hearing a couple of was strongly supported by so many ratings of well qualified from the ABA. weeks ago, her second hearing, her un- across the political spectrum who But at least one Republican disagreed, precedented hearing, the chairman was wrote to me. It was not a question of and if just one Republican disagreed, very dismissive of our concerns and our being voted down; he was never even they were never allowed to have a efforts to evaluate this nomination on allowed to have a hearing. hearing or a vote. the merits. But the irony is, she has Finally, after 15 months, out of frus- Interestingly enough, it wasn’t until been before this committee twice now tration, he asked the President to May of last year, in the hearing and neither time did the explanations withdraw his nomination. He said, if I chaired by Senator SCHUMER, that this change the facts before us. The Presi- am not going to be allowed to have a committee heard from any of President dent has said, and I am sure all his hearing, to say nothing about a vote, I Clinton’s three unsuccessful nominees pollsters will tell him, people agree am leaving. for the Fifth Circuit. Last May, Mr. with this, as they should, the standard Then September 16, 1999, 4 years ago, Moreno and Judge Rangel testified, for judging judicial nominees would be President Clinton nominated Enrique along with other of President Clinton’s that they ‘‘share a commitment to fol- Moreno, another Hispanic attorney, to nominees, about their treatment by low and apply the law, not make law fill that same vacancy. This Harvard- the Republicans, when the Republicans from the bench.’’ educated lawyer also received a rating were in charge of the Senate Judiciary Everybody agrees with that. I agree of well qualified from the ABA, and his Committee. These nominees were told with that. I don’t know anybody who was a unanimous well qualified. by at least a couple of the members, disagrees with that. But that is not Members may be wondering what the senior members of the Republican Priscilla Owen’s record. She is ready to vote was on him. Well, there wasn’t a Party, that if somebody in their caucus make law and legislate from the bench. vote. There was not even a hearing. He disagreed, that was too bad. It had She is not qualified for a lifetime ap- waited for a year and a half and never nothing to do with their qualifications. pointment to the Federal bench. This April 8, 2003 CONGRESSIONAL RECORD — SENATE S4927 is something that affects all of us, since her nomination on May 9, 2001— If that is the definition of ‘‘activ- these decisions. To put somebody in a can be refuted, or at least explained in ism,’’ then activism has no meaning, or lifetime appointment like that who has a way that I think demonstrates she certainly no commonly understood already shown she is an activist judge, should be given the opportunity for an meaning, because, of course, any rea- I think is wrong. The President spoke up-or-down vote in the Senate, where I sonable person might disagree with the of judicial activism without acknowl- am convinced that a bipartisan major- outcome of any judicial decision and edging that ends-oriented decision- ity of this body stands ready to con- thereby label that judge who made the making can come easily to ideologi- firm her nomination. decision an activist. But that is cer- cally motivated nominees. In the case Senator LEAHY has gone through tainly not the commonly understood of Priscilla Owen, we see a perfect ex- some history of the Clinton adminis- meaning: just the fact that judges may, ample of such an approach to law. I do tration and the nominees of that ad- in fact, disagree with each other from not support that. I will not. ministration and the treatment—un- time to time. I am perfectly willing to consent to fair treatment, in his eyes—of Presi- I think some have pointed out, as an the confirmation of consensus, main- dent Clinton’s nominees. I think what example of Justice Owen’s failings, stream judges. I have on hundreds of we are supposed to conclude from that that some judges at different times occasions. When I was chairman, I did is that somehow this game of tit for have had cause to disagree with her de- not allow the past rule—the past prac- tat, or what is sauce for the goose is cision. But, in fact, that is what we ex- tice of anonymous holds. We even had sauce for the gander, somehow rises to pect of judges—certainly at the highest a number I did not support, but the high level of performance that the levels of our judiciary—that they will brought them to a vote. When they got American people have cause to expect do their very best to research the law, through the committee they came on of us whom they send to the Senate. to comb the record, to try to discern I contend that rather than serve the what precedents might apply, what the floor. Justice Owen was plucked from a law interests of the American people, the statutes that have been passed by Con- firm by political consultant Karl Rove. way in which the Senate Judiciary gress might apply, and then to apply Committee proceedings have been con- She ran as a conservative pro-business that law to the facts as decided by the ducted for some time now—particu- fact finder in order to reach a decision. candidate for the Texas Supreme larly as evidenced now by the filibuster At the highest levels of our judiciary Court. She certainly got a lot of sup- being imposed against the nomination we commit that decision to nine peo- port from the business community. of Miguel Estrada—have been a dis- ple, and frequently they disagree with Then she fulfilled her promise; she be- service to the American people. each other. We do not point that out as came the most conservative judge on a I have supported—and Senator LEAHY a fault or a failing; we view that as a conservative court. She stood out for has said he agrees with me—that we strength because in the debate, the dia- ends-oriented, extremist decision- need to find some way to bring a con- log, the back and forth—the conversa- making. clusion to this downward spiral, in a tion really—these judges have, we be- Now she is being asked to be placed way that serves the interests of the lieve the public purpose for which the in a lifetime appointment one step American people and does credit to this judiciary was created is served. I be- below the Supreme Court. I do not sup- institution. I hope, in the days that lie lieve that to say it represents a failing port that. ahead, we will find an opportunity to or represents a reason a judge should I suggest the absence of a quorum. do that. I trust we will. I only hope the not be confirmed turns the whole pur- The PRESIDING OFFICER. The Senate does not grab defeat from the pose of that body on its head. clerk will call the roll. jaws of victory in terms of our oppor- Senator LEAHY claimed that Justice The bill clerk proceeded to call the tunity to reform this broken system of Owen is simply too extreme to be con- roll. judicial confirmation, one that does firmed—this notwithstanding the fact Mr. CORNYN. Mr. President, I ask not reflect well on this institution. that in her last election to judicial of- unanimous consent the order for the Senator LEAHY talked about how un- fice in the State of Texas, 84 percent of quorum call be rescinded. precedented this nomination is, point- the voters voted in her favor. The PRESIDING OFFICER. Without ing out that last year, during Senate She has been endorsed by a bipar- objection, it is so ordered. Judiciary Committee hearings, Justice tisan group of the leadership of the bar Mr. CORNYN. Mr. President, I want Owen was voted down in a strict party- in my State, Republicans and Demo- to take the next few minutes to re- line vote, and that she would now be crats alike, former presidents of the spond to some of the comments the renominated by the President and then Texas Bar Association. She has re- ranking member of the Judiciary Com- brought to the floor. I guess these are ceived the highest endorsement, the mittee has made with regard to the unprecedented times when it comes to highest recommendation given by the process by which we confirm judicial judicial confirmation proceedings. American Bar Association. How, in any nominees of the President, and to spe- As I mentioned just a moment ago, fair-minded person’s view, could Jus- cifically respond to some of the areas we have an unprecedented filibuster by tice Owen be characterized as too ex- of criticism that he and a handful of the Democratic minority of Miguel treme in light of those simple facts? special interest groups have directed at Estrada, someone who, I believe, would As some evidence of his argument the nomination of Priscilla Owen. receive a majority vote from a bipar- that Justice Owen is somehow an ac- I believe, even though I am a new tisan group of Senators on this floor tivist, somehow too extreme, Senator Member of the Senate—having been a should the Senate just be allowed to LEAHY has pointed to language in a Senator for all of about 4 months vote. Of course, we have been through, number of opinions where she has been now—I have, at least in this area, some I think, four cloture motions, which criticized for rewriting statutes. As special knowledge I would like to share have failed, which means that debate somebody who has, for better or worse, with my colleagues with regard to this continues on that nomination. Here served for 13 years as a judge before I particular nominee because for 7 years again, unprecedented in the annals of came to this institution, I can tell you, I served on the Texas Supreme Court this institution: a circuit court judge that is simply the way judges talk to and for 3 years concurrently with Jus- being filibustered for no good reason, I each other when they disagree about tice Priscilla Owen. would contend. the outcome in any case. They do their So during that time I had the chance Senator LEAHY says Justice Owen is very best to research the law, to try to to work with her on a daily basis, learn an activist, someone who would impose ascertain what the legislative intent is her work habits and her frame of mind her own will or political judgment on in any particular case, and then they when it came to addressing her respon- the people regardless of what precedent reach a conclusion. Someone who dis- sibilities as a judge on the highest had established earlier decisions by the agrees with that judge may say: Well, I court of my State. I believe in each in- highest court in the land or what the disagree. I believe you are rewriting stance the criticism the ranking mem- legislature says. But the way he ex- the statute. It is not as serious nor cer- ber has lodged—really repeating that plains what he means by ‘‘activism’’ I tainly as consequential a statement as which special interest groups have think equates with: I don’t agree with Senator LEAHY might suggest. It is just lodged unfairly against Priscilla Owen the results of the decision. another way of saying: I disagree. S4928 CONGRESSIONAL RECORD — SENATE April 8, 2003 Here again, judges disagree, particu- tions and the fundamental democratic sions about how to read statutes faith- larly on the most difficult questions principle of majority rule by permit- fully and carefully and how to decide that confront our States or this Na- ting an up-or-down vote on her nomi- cases based on what the law says, not tion. We expect judges to speak their nation. how we personally would like to see it mind. We expect judges to enter into The American people desperately read or to have come out. intelligent debate and discussion, and need the Nation’s finest legal minds to I saw her take careful notes, pull the when they disagree, so much the bet- serve on our Federal courts, particu- law books from the shelves and study ter. But finally—finally—there has to larly vacancies such as those on the them very closely. I saw how hard she be a decision. That is where the major- Fifth Circuit, which have been des- works to faithfully interpret the law ity comes into play and makes a final ignated judicial emergencies by the according to her oath and to apply the decision. U.S. Judicial Conference. We must en- law as the Texas Legislature has writ- So judges being accused of rewriting sure that all judicial nominees under- ten. statutes does not have nearly the sin- stand that judges must interpret the I can testify from my own personal ister connotation that some might sug- law as written and not as they person- experience, as a former colleague and gest and, in fact, to me just represents ally would like to see them written. as a former fellow justice, that Justice judges trying to do their jobs to the Justice Owen satisfies both of these Owen is an exceptional judge, one who best of their ability. standards with flying colors. She is, works hard to follow the law and en- I just have to mention that Senator quite simply and by any measure, an force the will of the legislature, not her LEAHY pointed to one case where Jus- impressive attorney and jurist. She will. tice Owen and I disagreed when I was graduated at the top of her class at Not once did I see her try to insert on the Texas Supreme Court, the Baylor Law School and was an editor her own political or social agenda into Weiner v. Wasson case, and it was one of the Law Review at a time when few her job as a judge. To the contrary, Justice Owen believes strongly, as do I, of a number of cases where she and I women entered the legal profession. in the importance of judicial self-re- disagreed. But, here again, the fact She received the highest score of her straint, that judges are called upon not that we disagreed does not make her class on the bar examination, and she to act as legislators or as politicians incompetent to serve on the Fifth Cir- was extremely successful as a prac- but as judges, to faithfully read stat- cuit Court of Appeals or unqualified or ticing attorney in Houston, TX, and utes and to interpret and apply them somehow activist. It means simply across the State for 17 years before she to the cases that come before the that we had different opinions of how began her service on the Texas Su- court. the law ought to be ascertained, what preme Court, where she has served with It is because I have such a deep admi- that law was, and how it should be ap- distinction for 8 years. ration for Justice Owen that I have plied to the facts. I alluded to this a moment ago, but taken such a personal interest in talk- The language Senator LEAHY read, in her last election not only did she re- ing about her nomination and hoping, with which he said he agreed, about the ceive the overwhelming majority of the not beyond hope, that Senator LEAHY importance of stare decisis, adheres to statewide vote, she was endorsed by and others who, I am convinced, have the precedents set out by our highest virtually every Texas newspaper edi- profoundly misjudged this nominee court in terms of setting expectations torial board—hardly the record of an will reconsider their views and perhaps of the litigants, achieving finality of a out-of-the-mainstream nominee. She will take what I have to say today in decision rather than relitigating the has the support of prominent Demo- the overall context of the nominee and same legal questions over and over crats in Texas, including former mem- reconsider her nomination. again. That was no lecture but merely bers of the Texas Supreme Court such On the morning of Justice Owen’s an explanation to the one who was as former Chief Justice John Hill, confirmation hearing in the Judiciary challenging the constitutionality of former Justice Raul Gonzalez, and a bi- Committee last month, I published an the statute in that case or the one who partisan array of former presidents of op-ed in the Austin American-States- claimed the statute was constitutional; the State bar association. man discussing Justice Owen’s quali- in fact, it was important that we ad- The American Bar Association has fications for the bench. here to an earlier decision where we given her its unanimous and highest I ask unanimous consent to print had held a similar statute unconstitu- well-qualified rating, which some in that op-ed in the RECORD. tional. It was certainly not a lecture. this Chamber have called the gold There being no objection, the mate- It just goes to prove that when you standard. rial was ordered to be printed in the read the written record in black and I cannot understand nor fathom how RECORD, as follows: white, sometimes it fails to impart any judicial nominee can receive all of [From the Austin American-Statesman, enough information to make an in- these accolades from legal experts and Thursday, Mar. 13, 2003] formed decision about what is going public servants across the legal and po- THE REAL PRISCILLA OWEN on. That is why we have juries, to lis- litical mainstream unless that nomi- (By John Cornyn, U.S. Senate) ten to witnesses, confront witnesses nee is both exceptionally talented as a After 22 months of obstruction, the record face to face in court. That is why, as lawyer and a judge who respects the on Texas judicial nominee Priscilla Owen appellate judges, we defer to the facts law and steadfastly refuses to insert will finally be set straight this morning in a found by juries and lower courts, be- his or her own political beliefs into the U.S. Senate Judiciary Committee hearing. cause they are in the best position to decision of cases. For the second time, Owen comes before the Based on this amazing record of committee and will prove, once again, that determine the veracity of the testi- she deserves to be confirmed to the 5th U.S. mony and the credibility of the wit- achievement and success, it is no won- Circuit Court of Appeals. The Circuit’s juris- ness. That is why a written record can der that Justice Owen has long com- diction encompasses Texas, Louisiana and sometimes simply mislead you into a manded the support of a bipartisan ma- Mississippi. wrong conclusion, which has happened jority of the Senate while her nomina- Owen is an impressive attorney and jurist. in the case of Justice Owen. tion has lingered since May of 2001. She graduated at the top of her class from I could not support the nomination of I would like to talk about my own Baylor Law School and edited the Law Re- Justice Owen to the Fifth Circuit personal perspective on this nominee, view there, during a time when few women entered the legal profession. She received Court of Appeals more strongly. This having worked with her for 3 years. the highest score on the bar exam. court, of course, covers the States of During that time, I had the privilege of After practicing law in Texas for 17 years, Texas, Mississippi, and Louisiana and working closely with Justice Owen. I Justice Owen won a seat on the Texas Su- all Federal appeals that come from had the opportunity to observe on a preme Court, and Texans re-elected her in those States. I firmly believe Justice daily basis precisely how she ap- 2000 with 84 percent of the statewide vote. Owen deserves to be confirmed. She proaches her job as a jurist, what she Her nomination has received broad, bipar- tisan support, including former state Su- will be confirmed by a bipartisan ma- thinks about the job of judging in lit- preme Court justices and prominent Texas jority of the Senate as long as the Sen- erally hundreds, if not thousands, of Democrats such as John Hill and Raul Gon- ate applies a fair standard and as long cases. During those 3 years, I spoke zalez, 15 former presidents of the State Bar as we continue to respect Senate tradi- with Justice Owen on countless occa- of Texas and many other leading Texans. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4929 Owen’s qualifications and record of accom- Her opponents, the special interest Sandra Day O’Connor, and Byron plishment caused the American Bar Associa- groups who oppose her nomination, are White of engaging in ‘‘judicial activ- tion to unanimously rate her ‘‘well-quali- the same folks who argued Judge John ism.’’ Of course, these are not the only fied’’ for the Federal bench—its highest rat- Paul Stevens had demonstrated ‘‘bla- examples that pervade the U.S. Re- ing—which some Democrats have called the tant insensitivity to discrimination ‘‘gold standard.’’ But even that was not ports. enough for the 10 Democrats on the Senate against women’’ and ‘‘seems to bend Would Justice Owen’s opponents Judiciary Committee last year who blocked over backward to limit’’ rights for all apply the same standard and exclude a vote on Owen by the full Senate. women. from consideration or confirmation Democrats on the Judiciary Committee Amazing as it may seem, her oppo- their own favorite justice from Federal used Owen as a political football last year in nents are the same folks who testified judicial service? I imagine not. Fair- an attempt to embarrass President Bush and that confirming David Souter to the ness only dictates that Justice Owen ridicule Texas during key elections. They Supreme Court would mean ‘‘ending not be made to suffer from this same tried unfairly to brand the native Texan as freedom for women in this country.’’ an extremist. absurd and unreasonable standard ei- Partisan opponents point out that other Then the same folks who said they ther. judges sometimes disagree with Owen. But ‘‘tremble for this country, if you con- This whole issue reminds me of the there is nothing wrong with disagreement; firm David Souter,’’ even described scene from the movie ‘‘Jerry Maguire,’’ no two judges agree all the time—which is now-Justice Souter as ‘‘almost nean- when Cuba Gooding, Jr., tells Tom precisely why the Texas Constitution estab- derthal’’ and warned ‘‘women’s lives Cruise: ‘‘See, man, that’s the difference lishes a Supreme Court of nine justices. are at stake’’ if the Senate confirms between us. You think we’re fighting, I When the law is unclear, a good judge like Souter. think we’re finally talking.’’ Justice Owen searches in good faith for the Well, the rhetoric and the histrionics Well, simply put, this is the way right answer. and the lack of credibility of those out- judges talk in opinions, and it cer- As a former justice on the Texas Supreme landish verbal assaults on judicial Court, I often agreed with Owen. When we tainly does not disqualify Justice Owen disagreed, I always found her professional nominees sound all too familiar be- from confirmation. and her rulings based on a fair reading of the cause, of course, these are many of the Those who emphasize critical quotes law. same accusations being made against about Justice Owen from other justices Abortion advocates criticize her rulings on Justice Owen, which are equally un- on the Texas Supreme Court think Texas’s parental notification law. Unlike founded. they are fighting, but actually the jus- more restrictive states, Texas generally re- This reminds me of the story of the tices are just talking. They are just quires minors only to notify one parent be- little boy who cried wolf. After these fore an abortion. The criticism is misplaced: judging and they are just doing the repeated charges, accusations, and duty they were asked to do and took an Owen did not write the law, the state Legis- shrill attacks—and we have heard lature did. oath to perform. Her opponents claim, disingenuously, that many of the same directed against Mr. President, I note we have about 5 her interpretations of that law are out of the Miguel Estrada, without foundation—it minutes remaining on the clock, so I mainstream. Yet the author of the parental makes you wonder just how credible will cut short the remainder of my re- notification law, Texas state Sen. Florence these special interest groups really are marks. I will be back on the floor as Shapiro, filed briefs supporting Owen’s view that oppose some of President Bush’s needed, depending upon how this de- and endorses her nomination to the Federal highly qualified nominees. It also bench. And among the few parental notifica- bate continues. It is my hope we will makes you wonder whether these spe- see a unanimous consent agreement to tion cases heard by her court, Owen dis- cial interest groups makes these sented less frequently than two other jus- achieve a limit on debate, an adequate tices. Owen’s record is hardly one of an ex- claims not because they believe they time certainly, where everybody who tremist. are truthful, but because they have an- wants to be heard can be heard on this When we set the record straight, it will be other agenda, some other reason for highly qualified nominee. I hope during obvious in Washington—as it has long been making these claims, for scaring peo- that debate the people listening—both in Texas—that Priscilla Owen is an out- ple. colleagues in the Senate and those lis- standing person and well-qualified judge who In the particular case of Justice tening across this country—will take deserves confirmation to the Federal court Owen, the attacks are, I am sad to say, all of the debate into account, both the of appeals. After 22 months, Texans and the true to form and conform to past pat- charges and the answers, some of which 5th Circuit have already waited long enough. terns and practice, for they are, like Cornyn, a Republican, is a member of the I have given today, and make their own Senate Judiciary Committee. the attacks of the past on the judges whose names I have mentioned, unfair assessment of the credibility of some of Mr. CORNYN. Senator HATCH, chair- and without foundation in either fact these charges—charges which I believe man of the committee, also gave me or law. are unfair and unfounded and without the opportunity to chair a portion of I mentioned just a moment ago how any merit as regards Justice Owen. the hearing at which Justice Owen’s I believe the critics—people like the Finally, let me just say I hope the nomination was voted out. I publicly distinguished Senator from Vermont— Democratic minority in this body does thank him for that special opportunity point out judges sometimes disagree not choose to make the same ill-con- to not only express my strong support about the interpretation of statutes. sidered decision to filibuster Justice but to demonstrate it at that hearing. You may read one judge’s criticism of Owen as they made in the case of At the same time I have taken a another judge’s interpretation as ‘‘re- Miguel Estrada. I believe debate is im- deeply personal interest in this nomi- writing a statute.’’ I hope you will con- portant. But, of course, sooner or later, nation, I also want to step back and sider those comments and take them we have to, and we should, do what the carefully consider the arguments that into account, as I hope others will who voters of our States have sent us here have been presented by opponents of currently oppose Justice Owen’s nomi- to do, what the Founders of this coun- the nomination. nation. But if that is the standard—and try, the Framers of our Constitution, I have mentioned some of those at I don’t think it should be—then such a expected us to do—that is, to vote. the outset, particularly in response to standard would also disqualify numer- They expected the Senate to be a body what Senator LEAHY had to say. I am ous U.S. Supreme Court justices, whom where debate would be favored—and forced to conclude Justice Owen’s op- Owen’s opponents are known to adore. certainly it is that—where nothing ponents have no real arguments—none For example, in a 1971 opinion, Jus- happens precipitously—and certainly it that stand up under scrutiny; at least tices Hugo Black and William O. Doug- is that—and where enough debate and none that will withstand scrutiny las sharply criticized Justices William time can be taken to cool tempers and under any reasonably fair standard. Brennan, Harry Blackmun, and others, emotions and passions and make the It bears noting, by the way, that Jus- stating that the ‘‘plurality’s action in very best decisions we can possibly tice Owen’s opponents are the same rewriting the statute represents a sei- make on behalf of the American peo- folks who predicted Lewis Powell’s zure of legislative power that we sim- ple. confirmation to the Supreme Court of ply do not possess.’’ But after everything has been said the United States would mean ‘‘justice In a 1985 decision, Justice John Paul once, or twice, or five times, or 10 for women will be ignored.’’ Stevens accused Justices Lewis Powell, times, or a hundred times, you would S4930 CONGRESSIONAL RECORD — SENATE April 8, 2003 think the Senate should vote. I believe also like to take quick action on a $500 for a married couple giving over the Senate should vote. I believe that managers’ amendment that is in order $500 per year. For an individual filing is what the Framers expected, and I be- under a unanimous consent agreement. single, it is a deduction of up to $250 for lieve they never considered a minority There are a few issues that have to be a person who gives over $250 per year. of this body could obstruct the will of cleared on the amendment. For example, an individual who doesn’t a bipartisan majority when it comes to I rise to speak on the CARE Act of itemize and gives $400 to charity, could the nomination of a highly qualified 2003. I will first talk generally about deduct $150 from their taxes. This pro- judicial nominee. the charitable provisions in the bill vision was designed to encourage new I hope at the appropriate time there and then talk about those provisions giving and also limit possible abuses. will be that unanimous consent agree- designed to combat corporate tax shel- Next is a major provision that will ment and we will continue to debate ters. provide for tax-free distribution from Justice Owen’s nomination for a rea- The CARE Act seeks to support that Individual Retirement Arrangements, sonable period of time—as long as any- great American tradition—helping a IRAs, to charities. This is a provision one has anything new to say—but, in neighbor in need. Our Nation’s tradi- that is important to many major char- the end, that we will have an up-or- tion of caring and charitable support ities, particularly universities. The Fi- down vote, which is something cur- goes back to the founding. When faced nance Committee heard testimony rently being denied to Miguel Estrada. with tragedy or hardship in our com- from the President of the University of I certainly hope the precedent that has munities, we have always been a people Iowa about the importance of this pro- been set now in the case of Miguel who have rolled up our sleeves to pitch vision in encouraging new giving. The Estrada—which I believe is a black in, rather than leaning on a shovel legislation provides that direct dis- mark on the record of this institu- waiting for the government to show up. tributions are excluded from income at 1 tion—will not be repeated in the case The charitable tradition in America the age of 70 ⁄2 and distributions to a of Priscilla Owen. has certainly been for the common charitable trust can be excluded after 1 I thank the Chair, and I yield the good. Unfortunately, there are not the age of 59 ⁄2. We then have language that encour- floor. many K Street lobbyists for charities and for the common good. ages donations of food inventory, book f That is why this legislation is a di- inventory and computer technology. I RECESS rect testimony to the leadership of would note that my colleagues, Sen- ator LUGAR, and Senator LINCOLN, a The PRESIDING OFFICER. Under President Bush. There is no question member of the Finance Committee, the previous order, the hour of 12:30 that but for his efforts, this legislation were strong advocates for the legisla- p.m. having arrived, the Senate will for the common good would not have seen the light of the Senate floor. tion involving food donation. I’m par- stand in recess until the hour of 2:15 ticularly pleased that this legislation p.m. Let me note that commentators have rushed to state that the President’s ef- will give farmers and ranchers a fairer Thereupon, the Senate, at 12:29 p.m., deal when it comes to donation of food. recessed until 2:15 p.m. and reassem- forts to strengthen America’s chari- table tradition has been watered down. Conservation is also a part of this bled when called to order by the Pre- bill. Efforts to conserve our land and siding Officer (Mr. BURNS). Nothing could be further from the truth. This legislation goes far in limit development benefit our Nation The PRESIDING OFFICER. In my as well as farmers and ranchers who capacity as a Senator from the State of meeting the President’s ambitious goals for a greater role for charities in work on the land. The CARE Act con- Montana, I suggest the absence of a tains language I have long supported quorum. The clerk will call the roll. assisting those most in need. And legislation is only part of the that will encourage conservation of The assistant legislative clerk pro- land through a 25-percent reduction in ceeded to call the roll. story. The President’s speeches and visits have done even more to energize the capital gains tax of the sale of un- Mr. GRASSLEY. Mr. President, I ask developed land, or conservation ease- the charitable sector of this country. unanimous consent that the order for ments. The sale must be to a charitable Hardly a week goes by when I am not the quorum call be rescinded. organization and the land must be stopped by someone who runs a char- The PRESIDING OFFICER. Without dedicated for conservation purposes. I ity, or is active in a charity, and they objection, it is so ordered. am pleased that President Bush also ask me how they can get involved in f included this proposal in his budget. the President’s proposal, how they can The bill also encourages gifts of land LEGISLATIVE SESSION help. Clearly, President Bush’s words for conservation purposes. This is an have been heard by America’s charities issue long advocated by Senator BAU- and they are eager to turn his words CUS, which I am pleased to support. CARE ACT OF 2003 into deeds of compassion and aid. These are the major tax provisions Mr. GRASSLEY. Mr. President, I ask In addition to this legislation being a that encourage charitable giving con- unanimous consent that the Senate tribute to President Bush’s leadership, tained in this bill. I would note that I now return to legislative session and let me also note the tremendous efforts am pleased that the legislation does proceed to the consideration of S. 476, of Senators SANTORUM and LIEBERMAN contain provisions requiring greater the CARE Act, as provided under the to bring this bill to the Senate floor. I sunshine and transparency in the work previous order. commend them for their energy in of charities. It is my belief that just as The PRESIDING OFFICER. Without making the CARE Act a reality. Fi- we are encouraging people to write objection, it is so ordered. The clerk nally, I’m pleased to have worked with more checks, we need to ensure that will report the bill by title. Senator BAUCUS, the ranking member those checks are being cashed for a The bill clerk read as follows: of the Finance Committee. This legis- charitable purpose. In addition, the bill A bill (S. 476) to provide incentives for lation continues our bipartisan efforts authorizes a serious increase in funding charitable contributions by individuals and as to tax legislation. for the Exempt Organizations Office at businesses, to improve the public disclosure Mr. President, for the benefit of my the IRS to better police the few bad ap- of activities of exempt organizations, and to colleagues let me now highlight some ples among the nonprofits. enhance the ability of low-income Americans of the major tax provisions of the My colleagues should also be aware to gain financial security by building assets, CARE Act that encourage charitable that this legislation addresses the and for other purposes. giving. abuse of charities by terrorist organi- The Senate proceeded to consider the First, is the creation of a charitable zations, making it easier to shutdown bill. deduction for nonitemizers. Given that or suspend such organizations. Mr. GRASSLEY. Mr. President, I over half of Americans do not itemize Let me note also that this bill con- have a few remarks on the legislation. their tax return, this provision will en- tains $1.4 billion in new funding for So- I am sure my good colleague, Senator courage taxpayers to give to charities, cial Services block grants, SSBG. This BAUCUS, has remarks as the manager regardless of income. The legislation is a very important provision that will for the Democratic Members. We would allows for charitable deduction of up to greatly benefit the States and, more April 8, 2003 CONGRESSIONAL RECORD — SENATE S4931 importantly, those in need. I would To the extent such interpretations I think that is very true. More than note that this was a matter of great were unintended, the bill allows Con- peoples in any other country, Ameri- priority for me, and I am glad to see we gress to amend or clarify existing tax cans are noted for their openness, their have been able to include this funding. law. To the extent such interpretations generosity, and their kindness. At a The provision also gives States greater are appropriate, all taxpayers—from time when Americans are at war and flexibility in how to use the SSBG the largest U.S. multinational con- our economy is sagging, this bill is funds. glomerate to the smallest local feed- more important than ever. My colleagues will be pleased to store owner in Iowa—will benefit when The economy is in worse shape than know that this bill is fully paid for. I transactions are publicly sanctioned in it has been in over a decade. Too many turn now to discuss those provisions the form of an ‘‘angel list’’ of good Americans go to bed hungry at night. regarding abusive corporate tax shel- transactions. This legislation accom- Two million Americans have lost their ters that are of great importance. plishes both of these objectives. jobs since 2001. Men, women, and chil- We have known for many years that This year’s legislation contains a dren are increasingly relying on char- abusive tax shelters, which are struc- new provision that would clarify the ities to meet their needs. The problem tured to exploit unintended con- economic substance doctrine. The eco- is made worse because our States are sequences of our complicated Federal nomic substance doctrine was created strapped with huge budget deficits. income tax system, erode the Federal by the courts as a flexible text to de- States are actually the No. 1 provider tax base and the public’s confidence in termine whether a transaction is a tax of social services, but presently they the tax system. Such transactions are scam or valid business deal. are experiencing the largest deficits patently unfair to the vast majority of Last year, there were several court they have had in 40 years. taxpayers who do their best to comply rulings that, in my view, misapplied This is where charities come in. with the letter and spirit of the tax this doctrine. These rulings now stand Charities deliver food, water, clothing, law. as legal precedent that can be used to and counseling to those in need. They As a result, the Finance Committee justify abusive schemes in the future. are the first responders to these quiet has worked exceedingly hard over the Today’s clarification is intended to tragedies. Let me give a few examples past several years to develop several overturn those rulings. If a court finds from my own home State of Montana. legislative discussion drafts for public that a shelter violates our clarifica- Each year, the Montana Food Bank review and comment. Thoughtful and tion, the shelter participant would be Network serves 1.5 million meals, in- well-considered comments on these subject to a strict 40 percent penalty cluding 200,000 meals to our State’s drafts have been greatly appreciated by on any tax due. This is a very tough children. Clearly our children can’t the staff and members of the Finance anti-shelter provision. learn if they go hungry. Committee. The collaborative efforts Mr. President, I appreciate my col- There are roughly 30 adult literacy of those involved in the discussion leagues’ patience as I have reviewed programs in Montana serving over 5,000 drafts combined with the recent re- the key provisions of the CARE Act. I people. quest for legislative assistance from think it is legislation that provides Programs such as the Adult Literacy the Treasury Department and IRS needed encouragement for charities Center in Billings, MT, and the Lit- formed the basis for our most recent and charitable giving in this country. eracy Volunteers of America in Butte approach to dealing with abusive tax In addition, it takes real steps toward provide free adult literacy classes to avoidance transactions. addressing corporate tax shelters. I anyone who walks in the door, free to The antitax shelter provisions con- strongly encourage my colleagues to anyone who walks in. Groups like the tained in the CARE Act encourages support this legislation. Blackfoot Challenge provide local vol- taxpayer disclosure of potentially abu- I yield the floor and suggest the ab- untary solutions to environmental sive tax avoidance transactions. It is sence of a quorum. problems like restoring stream habitat. surprising and unfortunate that tax- The PRESIDING OFFICER. The payers, though required to disclose tax clerk will call the roll. I copied the model of Senator BOB shelter transactions under present law, The bill clerk proceeded to call the GRAHAM of Florida. He has what is have refused to comply. The Treasury roll. called workday projects once a month Department and IRS report that the Mr. BAUCUS. Mr. President, I ask and I do, too. One day I worked at 2001 tax filing season produced a mere unanimous consent the order for the Blackfoot Challenge and all of us to- 272 tax shelter return disclosures from quorum call be rescinded. gether in the Blackfoot Valley—not all only 99 corporate taxpayers, a fraction The PRESIDING OFFICER. Without but a bunch of us, 15 people—volun- of transactions requiring such disclo- objection, it is so ordered. teered our time and work to restore a sure. Mr. BAUCUS. Mr. President, I thank stream habitat. Ranchers in the old Today’s bill will curb non-compliance the chairman of the Finance Com- days just plowed a straight channel by providing clearer and more objec- mittee, Senator GRASSLEY, for the through their places and eliminated tive rules for the reporting of potential great job he has done in putting this the meandering nature of streams, tax shelters and by providing strong bill together. It is not easy. There are which made it difficult for bull trout to penalties for anyone who refuses to lots of different components and many come up and spawn. We decided to do comply with the revised disclosure re- Senators have legitimately different this project together, in part because quirements. points of view. I commend him for his the higher-ups couldn’t agree on any- The legislation has been carefully yeoman work. He is not here at the thing. The Fish and Wildlife Service, structured to reward those who are moment, but I want him to know, in State Fish and Wildlife, and Parks and forthcoming with disclosure. I whole- the arena of the Senate, and publicly, all the government agencies couldn’t heartedly agree with the remarks of- he has done a great job. The folks in get together, so locally we just said we fered by a recent Treasury Assistant Iowa must be very proud of him. are going to do it ourselves—and we Secretary for Tax Policy, that ‘‘if a The chairman and I together are con- did. It is such volunteer, charitable ef- taxpayer is comfortable entering into a sidering a bill designed to help chari- forts that make a huge difference. transaction, a promoter is comfortable table organizations—that is the main Our State’s economy also benefits selling it, and an advisor is com- goal here—and, therefore, to help our from tourism, and keeping our streams fortable blessing it, they all should be communities. clean and teeming with fish is good for comfortable disclosing it to the IRS.’’ The bill is called the Charity Aid Re- our economy. In fact, I might say, I Transparency is essential to an eval- covery and Empowerment Act, other- was delayed coming to the floor be- uation by the IRS and ultimately by wise known as CARE. Our President cause I was talking to a fellow who the Congress of the United States as to said it well: could hardly wait to get back to Mon- whether the tax benefits generated by In order to fight evil we must do good. tana because the right hatch is going complex business transactions are ap- [And] it is the gathering momentum of mil- on now. He is going to go fishing in the propriate interpretations of existing lions of acts of kindness and compassion next couple of days. He couldn’t wait tax law. which define the true face of America. to get back home. S4932 CONGRESSIONAL RECORD — SENATE April 8, 2003 The list goes on: Montanans, working stacked up and cannot be sold. I think With war costs on the horizon, and in homeless shelters, churches, librar- it is a good idea to be able to donate current budget deficits, it is essential ies, schools, boys and girls clubs, sub- them. And kids will be able to get we pay for this bill. I applaud Chair- stance abuse centers, and jails. much better access to computers and man GRASSLEY for insisting that these Our State is not alone. This is true cutting edge technology. tax cuts be paid for. So let me turn to all across our country. In communities, Second, we expand the IRA rollover the provisions which cover the costs. millions of Americans depend upon the exception to allow individuals to do- First, we have included a proposal generosity of their neighbors and upon nate their IRAs directly to charity that takes aim at the proliferation of charitable organizations. The CARE without taking a tax hit. abusive tax shelters. I, along with Sen- Act is designed to help these organiza- Under current law, taxpayers, say, ator GRASSLEY, introduced the Tax tions, helping them by creating incen- who are prospective donors would in- Shelter Transparency Act to encourage tives to encourage more contributions clude their IRA income as taxable in- more timely and accurate disclosure of to charity—help them receive more come and then take a corresponding these abusive transactions. Under the contributions. charitable deduction, subject to limits, proposal, we provide a disincentive to Let me describe some of the main when they want to donate that IRA to promoters, advisors, and taxpayers by provisions of the bill. The provision a charity. The provision in the bill subjecting them to stiff penalties for that has received the most attention is makes that easier, allowing direct giv- failing to acknowledge these trans- the above-the-line deduction for chari- ing; that is, streamlining the process actions to the IRS. table contributions for people who do and eliminating the limits that impede The proposal also clarifies a defini- not itemize their deductions. Most giving. tion of what is known as economic sub- Americans actually use the standard Third, in this bill we provide several stance. That means it forces companies deduction—about 70 percent. This says: important new incentives for voluntary to engage in real business planning in- OK, all you folks who use the standard conservation; for example, incentives stead of tax-driven hoaxes. The Joint deduction—that is, you do not itemize to encourage contributions of con- Committee on Taxation recently re- your deductions—we will provide for an servation easements, which are so im- leased its Enron report. The trans- above-the-line charitable contribution portant, especially for my State of actions it reviewed demonstrate the for you as well, even though you do not Montana and throughout the Nation. need for strong anti-avoidance rules to itemize. This means that cash poor/land rich combat tax-motivated transactions. I must say, I have some concerns farmers—which I must say, regret- These deals might satisfy the technical tably, is the rule, not the exception— about this provision. Why? Because we requirements of the Tax Code, as well can donate the conservation rights of tried this before. It didn’t work very as administrative rules, but they serve their property and get a tax benefit well. That is why we eliminated the de- little or no other purpose than to gen- and still keep the family farm in the duction in 1986. More specifically, I am erate income tax or financial state- concerned that the deduction will not family. While the majority of the provisions ment benefits; that is, there is no eco- provide much of an incentive for chari- in this bill encourage giving to char- nomic substance to the transactions. table giving while making the Tax ities, there are also provisions that And the American taxpayers are cheat- Code even more complicated. Nonethe- help ensure that charities are respon- ed, frankly—those who do not have the less, the President has made this par- sible public citizens. As many have no- ability to hire high-paid counsel and ticular proposal a top priority and, in ticed, national newspapers have re- accountants to find these very com- light of that, I am willing to give the cently detailed the secretive use of plicated measures which, frankly, even proposal a chance. So we limited the charities by terrorist organizations. the IRS cannot figure out in a lot of proposal to 2 years to give us time to This is, obviously, a serious problem. cases. study it and see how it is working and The large majority of American char- It is just not right when the majority gain from the experience. ities are law abiding and serve an in- of taxpayers—such as the hardware While the nonitemizer deduction has valuable function. But there are a few store owner, say, in Butte, MT—have received most of the attention, there exceptions. to pay their fair share of taxes while are several other provisions of the bill So this legislation gives authority to these big corporations twist their way that have strong bipartisan support. the IRS to immediately revoke the out of paying their own fair share. They could provide a significant boost tax-exempt status of charities that are That is, I think, simply wrong. But it to charitable giving. First, we provide suspected of giving aid to terrorist is the right thing to do to use this pro- enhanced deductions for contributions groups. When there is a crisis in con- posal to pay for tax incentives to ben- of food, of books, and computers. In re- fidence with respect to charities, it efit the charitable community. It is the sponse to growing economic hardship hurts honest groups. The charities that right thing to do and the right time to and hunger that has gone along with it, have worked hard to further their do it. we have increased the deduction for noble missions should not be jeopard- I urge my colleagues to support this contributions of surplus food. In most ized because of bad ‘‘charities’’ doing legislation. cases, the Tax Code provides the same bad things. I yield the floor. tax deduction for food hauled to a land- The Finance Committee bill at- Mr. DURBIN. Mr. President, I rise fill as it does for food donated to char- tempts to cure this by giving watch- today to discuss the CARE Act and my ities. That does not make a lot of dogs and donors better tools to mon- concerns regarding the implementation sense. itor the activities of charities. The of President Bush’s faith-based initia- Businesses that choose to contribute CARE Act gives State attorneys gen- tive. food instead of throwing it away are eral more authority to review the IRS Like many of my colleagues, I am a faced with the added costs of storing, filings of tax-exempt organizations. person of faith. I support the good packaging, and trucking the food to In addition, the bill lets donors see work that religious organizations un- the charity. more information about communica- dertake every day. I agree with Presi- So our new enhanced deduction will tions between charities and the IRS. dent Bush and the sponsors of this leg- encourage business, farmers, and These important steps will go a long islation that there is an important role ranchers to contribute the food by off- way to help restore America’s con- for the Federal Government to play in setting these costs associated with the fidence in charities. encouraging religious organizations to donations. I have just provided some highlights do more for the good of society. This makes it easier for the farmer in of the bill, but there are a number of In fact, I support many of the provi- Montana to receive a fair deduction for other important provisions. All told, sions of the CARE Act before us today. giving food to a local food bank, for ex- this package includes many proposals For example, I have been an original ample. that enjoy widespread support. It has cosponsor of the Charitable IRA Roll- We also make it easier for a publisher bipartisan support. In fact, many pro- over Act and a cosponsor of the Good to donate extra books to a local li- visions have been approved by the Sen- Samaritan Hunger Relief Tax Incentive brary. Sometimes lots of books get ate. Act in the last two Congresses. I also April 8, 2003 CONGRESSIONAL RECORD — SENATE S4933 support the increased funding for the was their so-called established church, zations too much power in public and Social Services block grant. and instead granted its citizens reli- civic affairs. He wrote that the bill However, when I read the specific de- gious liberty. However, in 1784, Patrick would be ‘‘precedent for giving to reli- tails of how the President is imple- Henry became concerned with the gious societies as such a legal agency menting his faith-based initiative, I am moral decline of Virginians and he pro- in carrying into effect a public and concerned that the good intentions be- posed a bill to restore the tax to sup- civic duty.’’ Think of those words in hind this proposal may be lead to trou- port ‘‘teachers of the Christian reli- the context of the proposal before us. bling, unintended consequences. gion.’’ Madison also vetoed a bill ‘‘An act It appears that what the President Madison responded to this proposal for the relief of Richard Tervin, Wil- wants to achieve with this initiative is with his ‘‘Memorial and Remonstrance liam Coleman, Edwin Lewis, Samuel to fundamentally change the historic against Religious Assessments.’’ This Mims, Joseph Wilson, and the Baptist balance in the relationship between document—written 16 years before the Church at Salem Meeting House, in the government and religion that our Bill of Rights was adopted—reveals the Mississippi Territory.’’ This bill would founding fathers struck over 200 years earliest origins of the concepts behind have given a Baptist Church specific ago. the first amendment: Madison ex- Federal Government property for the I believe and many of my colleagues pressed his opposition to Government church’s use. agree: this Senate debate is historic. involvement in religion because he be- Madison believed that: With our deliberations, we will test lieved such involvement would inter- reserving a certain parcel of land of the Constitutional principles regarding the fere with citizens’ right of free exer- United States for the use of said Baptist place of religion in America in a way cise. Madison also believed that the Church comprises a principle and precedent they have never been tested. right of religious freedom was as im- for the appropriation of funds of the United That is why many Senators joined portant as freedom of the press, trial States for the use and support of religious me in insisting that the Senate take by jury, and the right to vote. societies, contrary to the article of the Con- all deliberate time and attention to According to Madison, his Memorial stitution which declares that ‘‘Congress carefully review this bill and to add shall make no law respecting a religious es- was so widely accepted that Henry’s tablishment.’’ language to clarify and improve the proposal failed and Virginia instead en- bill. acted Thomas Jefferson’s ‘‘Bill for Es- Thanks to Jefferson and Madison, Since the Senator from Pennsylvania tablishing Religious Freedom in Vir- first amendment protections have has agreed not to add language that ginia.’’ made America the most tolerant soci- would raise concerns with respect to In this bill, Jefferson expressed his ety in the world—a tolerance many of church and state, I have joined with belief that religious liberty is nec- our critics around the world neither Senator JACK REED of Rhode Island in essary to ensure that individuals are understand nor accept. They live in na- agreeing not to offer our amendments not forced to support religious opinions tions where government and religious at this time. However, I would like to with which they disagree, to practice belief are so closely entwined that di- take this opportunity to express my faiths they find abhorrent, or to voice versity of creed is officially discour- concerns regarding the President’s im- allegiance to one faith over another, aged, if not prohibited. plementation of his faith-based initia- and: Each of us, when we return home, can tive which, if offered at a later time, I To compel a man to furnish contributions drive through our cities and see a hope will be subject to a vigorous, im- of money for the propagation of opinions Protestant church down the street portant, and historic debate in the Sen- which he disbelieves and abhors is sinful. from a Catholic church, next to a Jew- ate. During their Presidencies, Jefferson ish synagogue which is not too far from We should begin this debate at the and Madison had the opportunity to il- a Muslim mosque, and perhaps across beginning. The opening words of our lustrate their understanding of the the street from a Sikh Gur-dwala. Bill of Rights state that: first amendment to the Constitution. Some churches even share their facili- Congress shall make no law respecting an In 1801, the Danbury Baptist Associa- ties with congregations from other re- establishment of religion, or prohibiting the tion wrote a letter to President Jeffer- ligious and ethnic groups. To me, this free exercise thereof. son because it feared that the State of is proof positive that the wisdom of the For over two centuries, those 16 Connecticut would establish the Con- first amendment is alive and well in words have served us well and have gregationalist Church as the official America today. protected religious freedom in Amer- religion. Although some may argue that the ica. Jefferson responded to the Danbury faith-based initiative does not ‘‘estab- We must continue to respect the di- Baptist Association with a letter on lish a religion,’’ the Supreme Court has versity of belief in America and re- January 1, 1802, in which he reaffirmed ‘‘long held that the First Amendment member that freedom from government his belief that each individual has the reaches more than classic, 18th century interference was one of the few prin- right to hold whatever opinion he or establishments.’’ ciples that early Americans, with a va- she may choose and that the Govern- Indeed, the Supreme Court has exam- riety of religious backgrounds, could ment should not interfere in religion. ined the history of the first amend- agree on. This reply contained his now-famous ment and has come to the same conclu- In fact, many of the settlers who view that the purpose of the first sion that I have reached: colonized America fled from religious amendment was to build a—in Jeffer- For the men who wrote the Religion persecution by government officials in son’s words—‘‘wall of separation be- Clauses of the First Amendment the ‘estab- their native countries and they still do. tween church and state.’’ lishment’ of a religion connoted sponsorship, James Madison recognized that this President Madison, in his 8 years in financial support, and active involvement of history of religious persecution was office, vetoed only seven bills—two of the sovereign in religious activity. based upon Government involvement in which he believed violated the Estab- That comes from the case of Walz v. establishing official churches. He be- lishment Clause of the first amend- Tax Commission in 1970. lieved that Government support of cer- ment. This is one principle that President tain religions could threaten the lib- In 1811, Congress passed a bill enti- Bush seems to be willing to accept. I erty of every citizen to hold his or her tled ‘‘An act incorporating the Protes- am heartened that the White House own religious convictions. tant Episcopal Church in the town of publication Guidance to Faith-Based Madison suggested that the Govern- Alexandria in the District of Colum- and Community Organizations on ment support of religion differs only in bia.’’ This bill would have enacted the Partnering with the Federal Govern- a matter of degree, and he vehemently rules of the church as a matter of law, ment is clear that faith-based organiza- opposed the payment of taxes in sup- thereby giving legal force to the provi- tions cannot use any part of a direct port of any religion. sions of the church’s constitution. Federal grant to fund religious wor- Before the American Revolution, the Madison believed that even sup- ship, instruction, or proselytization. State of Virginia rescinded a tax in porting churches in their charitable Such activities must be separate in support of the Anglican Church, which functions would give religious organi- time or location. S4934 CONGRESSIONAL RECORD — SENATE April 8, 2003 The President also agrees that faith- Here are some examples of how this response would result in taxpayer-fund- based organizations cannot discrimi- law discriminates against people’s ev- ed discrimination. I will return to this nate against beneficiaries or potential eryday behavior in addition to their re- question and the reasons for my answer beneficiaries of a social service on the ligious beliefs: after examining asking how this issue basis of religion. In the case of EEOC v. Presbyterian fits into the broader picture of the However, one area where we clearly Ministries, Inc., a Christian retirement President’s faith-based initiative. diverge is the issue of employment dis- home fired a Muslim receptionist after The faith-based initiative has been crimination on the basis of religion. she insisted on wearing a head covering marketed as a proposal to ‘‘level the The Civil Rights Act of 1964 prohibits as required by her faith. playing field’’ for religious organiza- most public and private employers The Church of Jesus Christ of Latter- tions that seek government funds to with 15 or more employees from dis- Day Saints fired several employees be- pay for social service programs. How- criminating in their employment prac- cause they failed to qualify for a ‘‘tem- ever, it appears that the supporters of tices on the basis of race, color, na- ple recommend,’’ that is, a certificate the initiative do not want to level the tional origin, sex, and religion. that they were Mormons who abided by playing field; they want to create a However, religious employers have an the church’s standards in such matters special set of rules for religious organi- exemption with respect to religious as regular church attendance, tithing, zations which would result in special discrimination, which was expanded in and abstinence from coffee, tea, alco- treatment that other nongovernmental 1972. hol, and tobacco. organizations do not currently enjoy. I will read the current exemption: This exemption, unfortunately, has President Bush has demonstrated, This subchapter shall not apply . . . to a had a particularly harsh impact on through his Executive orders and agen- religious corporation, association, edu- women and people of different sexual cy regulations, that his faith-based ini- cational institution, or society with respect orientation. Here are some examples of tiative goes far beyond religious icons, to the employment of individuals of a par- how courts have interpreted this ex- ticular religion to perform work connected religious names, religious language in with the carrying on by such corporation, as- emption to allow employment dis- chartering documents or religious cri- sociation, educational institution, or society crimination against women and gays teria for membership on governing of its activities. under the current title VII exemption: boards. I do not object to any of those In 1987, the Supreme Court upheld Numerous Christian schools fired fe- stated goals which I have heard from this title VII religious exemption in male teachers for having extramarital the Senator from Pennsylvania and the the case of Corporation of Presiding sex or committing adultery; upheld by Senator from Connecticut as well as Bishop of the Church of Jesus Christ of the court. A Catholic school fired a the President. I have seen the enforce- Latter-Day Saints v. Amos. teacher who remarried without seeking ment of rules and standards which I I support this right of religious orga- an annulment of her first marriage in think have gone way too far. nizations to use religious criteria in accord with Catholic doctrine; upheld I can think of my own hometown of hiring people to carry out their reli- by the court. A Catholic school fired a Springfield where there is a long-sim- gious work. I have no quarrel with the teacher for marrying a divorced man; mering controversy still brought up title VII religious exemption. It makes upheld by the court. A Catholic univer- regularly about whether a teacher sense for people of common faith to sity refused to hire a female professor could come in and teach a driver train- work together to further their reli- because her views on abortion were not ing course at the Catholic high school gion’s mission. in accord with Catholic teaching; if that teacher were paid for out of pub- At the same time, I recognize that upheld by the court. A Baptist nursing lic school funds and that Catholic high discrimination ‘‘on the basis of reli- home fired a student services specialist school and its classroom had a crucifix gion’’ can often include discrimination after she was ordained a minister in a on the wall. It rubbed a lot of people of based on other factors that are prohib- gay and lesbian church that advocated my Catholic religion the wrong way, ited by civil rights laws, such as race, views on homosexuality ‘‘which were that people would argue that the mere ethnicity, and sex. inconsistent with the [school’s] percep- presence of that crucifix was somehow Dr. Martin Luther King, Jr., observed tion of its purpose and mission’’; offensive or violated the law. That ar- that the hour of worship is one of the upheld by the court. A church termi- gument goes to the extreme. I do not most segregated hours in American so- nated the employment of an organist hold those views. I support the position ciety. Sadly this is still true today, but on the grounds that his homosexuality stated time and again by the Senators many people of similar racial or ethnic conflicted with the church’s belief; from Pennsylvania and Connecticut backgrounds do prefer to worship to- upheld by the court. that we ought to draw a more reason- gether, and there are churches I regret that these may be unin- able line. The House of Representa- throughout this Nation that target tended discriminatory consequences tives, with mottos on the walls ‘‘In God only certain races or ethnic groups. today under the title VII exemption We Trust,’’ with our currency reflect- So, unfortunately, allowing religious where religious organizations hire peo- ing that, with chaplains in the House organizations to hire only members of ple using money raised by the church and Senate, we can state a reasonable their own religion, in many cases, can from its own congregation. But what of standard that does not violate the also mean hiring only members of a the case we are discussing? We are not basic freedom of religion or establish- certain race or ethnic background. talking about a situation where ment clause of our Constitution. But I For example, if employment is lim- churches are spending their own money do object to the administration bypass- ited to the co-religionists of the recipi- for their own religious purposes and ing Congress to write one set of rules ents, how many African Americans will following their own employment codes for secular organizations and another be hired by Orthodox Jewish groups? and practices under the title VII ex- for religious organizations. How many white people will the Nation emption. We are talking about opening For example, all recipients of govern- of Islam employ as security guards in up a new world where tax dollars are ment grants currently are required to public housing? And what of the many taken from the treasury and given to abide by a host of regulatory require- Protestant groups that are overwhelm- these same churches. What if the ments, including filing IRS documenta- ingly White or overwhelmingly Black money is not raised by the congrega- tion and complying with all State and or overwhelmingly Hispanic? tion or coreligionists, but the money is local laws. Supporters of the faith- The courts also have read the title being raised from the taxpaying public? based initiative would like to exempt VII exemption very broadly to allow What standard should we use? religious organizations from complying discrimination on the basis of religion Most scholars agree it is an open with these important regulations, such to include the religion’s ‘‘tenets and legal question as to whether a religious as those dealing with health and safe- teachings.’’ This broad reading has re- organization can take taxpayer money ty. Explain that for a moment. sulted in situations where people of and use it to discriminate in hiring em- If in the State of Illinois or my city faith who do not necessarily follow the ployees on the basis of religion. It of Springfield someone wants to run a accepted lifestyle or private behavior would seem to me that the obvious an- daycare center and we have decided, for of that religion have lost their jobs. swer to this question is no. Any other the safety of the children in the April 8, 2003 CONGRESSIONAL RECORD — SENATE S4935 daycare center, there should be perhaps religious charities from State and local memory as tragic reminders of what a sprinkler system, a fire alarm, or a laws regarding sexual orientation dis- happens when people are blindly led by fire escape, certain doors so that kids crimination and domestic partner ben- fanatics who use the guise of religion can get out in case of emergency, why, efits. I hope that is not the goal of the for their own personal, violent agenda. if this becomes a faith-based childcare Bush White House in pushing this I represent a State which is the home center, should we reduce or limit that faith-based initiative. of the so-called World Church of the same application of health and safety Over the past 2 years, President Bush Creator, which has to be one of the standards? It doesn’t make sense. One and his faith-based initiative have re- most perverted extremist groups in of the amendments which needs to be peatedly eroded 200 years of carefully America that I know of, which claims offered as part of this conversation on protected separation between church itself to be a religion. On its Web site, faith-based initiatives will address and state. In what the Washington Post the so-called ‘‘Reverend’’ Matt Hale— that. called ‘‘faith-based by fiat,’’ President who graduated from law school but was Take a look at the Teen Challenge Bush signed Executive Order 13279, in not allowed to be licensed under the substance abuse program which Presi- December of 2002, to overturn prin- rules and practices of the bar in Illi- dent Bush has mentioned many times. ciples of nondiscrimination in Federal nois—proudly welcomes visitors, say- In 1995, the Texas Commission on Alco- contracts that have stood for over 60 ing: hol and Drug Abuse threatened to close years. We are a religious, nonprofit organization, Teen Challenge after issuing a 49-page The House of Representatives is cur- with our world headquarters in the State of list of violations of State health and rently considering the reauthorization Illinois. At the time of this writing, we have safety codes. The list included unli- of the Workforce Investment Act. The 24 regional and local branches of the church censed counselors, food preparation legislation has been marked up in the and members all over the world. that created a health hazard, a broken House, and it would repeal 20 years of What are the tenets of his church and smoke detector system, and exposed civil rights protections against reli- religion, of this World Church of the wires and electrical outlets. Then-Gov- gious discrimination. The House also Creator? Here is what he says in his ernor Bush responded by exempting has held hearings regarding the reau- own words: faith-based drug treatment programs thorization of the Corporation for Na- After 6,000 years of recorded history, our from all of the State health and safety tional and Community Service, known people finally have a religion of, for, and by them. Creativity is that religion. It is estab- regulations that were followed by their as AmeriCorps. In its proposed legisla- lished for the survival, expansion, and ad- secular counterparts. tion, the House would repeal a decade vancement of our white race exclusively. In- I don’t know how you could reach of civil rights protections against reli- deed, we believe that what is good for the that conclusion. It is one thing to be gious discrimination in employment white race is the highest virtue, and what is imbued with a religion; it is another that were signed into law by President bad for the white race is the ultimate sin. thing to ignore the obvious. If there is Bush’s father. I cannot think of any more hateful a terrible accident or fire or some dis- Finally, the Department of Housing rhetoric spewed in the name of reli- aster, children in faith-based institu- and Urban Development has proposed gion. That is exactly what is happening tions deserve the same level of legal rules to allow religious organizations today. Recently someone challenged protection as those in institutions run to use Federal funds to build centers their dismissal of employment because as businesses. where religious worship is held as long they were members of this church. The This special treatment was not lim- as parts of the building are also used court came back and said it is a reli- ited to drug treatment programs. for social services. gion and has to be treated as such for Faith-based childcare centers and resi- Supporters of the faith-based initia- the purpose of the Civil Rights Act of dential children’s homes could use an tive want to know why we are raising 1964. alternative accreditation program that these issues now, when Congress in- So here we come to a point where we would exempt them from State licens- cluded charitable choice provisions in are talking about giving Federal dol- ing. The special treatment for these al- legislation we passed as far back as lars to those who call themselves reli- ternatively accredited facilities was 1996. The difference is this: Then-Presi- gions for the purpose of performing so- that there were no unannounced in- dent Clinton made it clear, as part of cial services. What is the threshold spections of the facilities as required the technical corrections package to question we should ask? Is this truly a by State law. As a result, the rate of the welfare reform bill, that nothing religion or is this something else in the confirmed abuse and neglect at alter- included therein would change the fun- guise of a religion? What are we doing natively accredited facilities was 25 damental protections against religious with taxpayer dollars? Would we want times higher than that of State-li- discrimination which were currently in to spend $1 supporting the racist views censed facilities. Whom are we doing a the law. President Clinton did that as of the World Church of the Creator be- favor for by exempting the faith-based well in the reauthorization of Commu- cause they tell the Federal Govern- charity from standards of unannounced nity Services Block Grant Programs in ment they have a program to deal with inspections to make certain that they 1998 and the reauthorization of the drug abuse or to provide childcare serv- are living up to the letter of the law? Substance Abuse Mental Health Serv- ices in central Illinois? I hope not. But The complaint rate at alternatively ices Act in 2000. Unfortunately, in this once you have opened this door and accredited facilities was 75 percent debate, that same assurance has not start talking about Federal dollars compared to 5.4 percent at State-li- been given. given to religion for social services, censed facilities. Due to these stag- I want to go to a point which really you open up a can of worms, a set of gering outcomes, this accreditation gets to the heart of the issue. It is a questions and great challenges that we program sunset in 2001 and has never difficult one. It is one for which I don’t have not faced for many years, if ever. been renewed. have an answer. When you talk about I am worried as I look across the var- The White House has also given indi- faith-based initiatives, you are talking ious religions of the world, not just cations it may provide special treat- about religion in America. The obvious those purporting to be Christian but ment to religious organizations by ex- and important question is: What is a some who are members of different re- empting them from State and local religion? There are many that we read- ligions that have taken what in fact laws addressing employment discrimi- ily will recognize as being established are extreme views. nation. I have a great deal of respect religions of all different denomina- It was only a little more that a year for the Salvation Army. They do won- tions. But when it comes to the defini- ago that the people of Afghanistan derful work, not only in the United tion of religion, many people self-de- were still suffering under the violent States but around the world. But they fine their beliefs and activities as reli- and oppressive regime of the Taliban, had a rather embarrassing incident in gion. which suppressed and punished its peo- July of 2001 when an internal report Jim Jones led people to a mass sui- ple in the name of Islamic fundamen- was discovered that stated their group cide in Guyana, and David Koresh and talist religious beliefs. had received a ‘‘firm commitment’’ his Branch Davidians in Waco, TX, Thanks to the leadership of the from the Bush White House to protect have become scarred in the American United States and our military, we S4936 CONGRESSIONAL RECORD — SENATE April 8, 2003 have now liberated the Afghan people expel all Arabs from Israel and expand nate an employee based on religious from the Taliban, which, like Al Qaeda, Israel’s boundaries to include the occu- grounds, the fact that the plaintiff’s had distorted the peaceful religion of pied territories and parts of Jordan. position as Victims’ Assistance Coordi- Islam for their own destructive pur- Founded by extremist Rabbi Meir nator was funded substantially, if not poses. Kahane, these groups also argue for entirely, by federal, state, and local The leaders of the Taliban were strict implementation of Jewish law in government, gives rise to constitu- trained in ‘‘madrassas,’’ which are Israel. tional considerations which effectively characterized as religious schools. But I do not mean to suggest here that prohibit the application of the exemp- those familiar with these institutions the President’s faith-based initiative tion to the facts in this case.’’ often call many of them ‘‘jihad fac- will necessarily lead to such religious Furthermore, the Court held that tories’’ because of the extreme nature extremism. ‘‘Based on the facts in the present case, of their ‘‘religious’’ indoctrination and At the same time, I want to make it the effect of the government substan- the militancy they train. clear that this is not an easy question. tially, if not exclusively, funding a po- At madrassas, the Taliban preached To dismiss it simply as a question sition such as the Victims’ Assistance that freedom afforded to women is the about whether or not we are tolerant of Coordinator and then allowing the Sal- main reason for social degradation, and religion is one thing, but the question vation Army to choose the person to that the best place for women was in- of whether we are going to subsidize re- fill or maintain the position based on side the four walls of their homes—cut ligious belief that reaches the extreme religious preference clearly has the ef- off from education and cut off from op- is really something else. fect of advancing religion and is uncon- portunity. The important message we must send stitutional. They also preached that television is is that religious organizations that Despite this ruling, the issue is con- the ‘‘spark of hell’’ responsible for take taxpayers’ money should not be sidered an open legal question because moral degradation, and watching it or able to use those funds to discriminate the case was not considered beyond the listening to music was un-Islamic and in hiring employees on the basis of reli- District Court and there are several sinful. And when they came to power, gion. The American people have been other cases which at least partially ad- the Taliban put all of these distorted asked their opinion on this issue. The dress this question. lessons to practice against their own response is interesting. However, this is not just a legal ques- people. According to the Washington Post, in tion or a hypothetical line we are The Taliban is perhaps the most re- a 2001 survey conducted by the Pew Re- drawing in the sand. cent example of extremism in the name search Center: One of the cases I would like to point of religion that we have witnessed. When people were asked whether ‘‘religious out is a case that really talks about But since the 1979 Islamic revolution groups that use Government funds [should] discrimination firsthand. It is the case in Iran, we have seen numerous radical be allowed to hire only those who share their of Alan Yorker and his experience with Islamic fundamentalists utilize their religious beliefs,’’ 78 percent said ‘‘no’’ and 18 United Methodist Children’s Home in religious ideology as the driving force percent said ‘‘yes’’—a degree of objection Decatur, GA. The children’s home, that so surprised researchers that they re- which receives almost half of its money behind the most active Middle Eastern peated the question three different ways. terrorist groups and state sponsors. ... from Government sources, provides res- For example, Hizballah of Lebanon idential group foster care for 70 young They received the same answer time calls itself the ‘‘Party of God’’ al- people, many of whom are in State cus- and time again. On the other hand, the though there is nothing godly about its tody. Bush administration believes that Gov- terrorist activities. Mr. Yorker responded to an adver- ernment-funded discrimination in hir- Hizballah was founded in 1982 as a tisement in the Atlanta Journal-Con- ing on the basis of religion is accept- faith-based organization by Lebanese stitution for a position at the home. As able. a psychotherapist with over 20 years Shiite clerics who were inspired by the According to a U.S. Department of experience counseling young people Islamic ideology of Iran’s Ayatollah Justice Office of Legal Counsel memo- and their families and over a decade of Khomeini. Its original goal was to es- randum on June 25, 2001: tablish an Islamic republic in Lebanon. experience teaching in Emory Univer- We conclude, for the reasons set forth more sity professional schools, the home de- But many of the Shiite Muslims who fully below, that a faith-based organization rule Hizballah studied in Iran’s theo- receiving direct Federal aid may make em- termined that his credentials placed logical seminaries while receiving ter- ployment decisions on the basis of religion him among the top candidates for the rorist training there as well. without running afoul of the Establishment position. He was rushed in for an inter- The trainings paid off as this ter- Clause. view, where he was required to disclose rorist group became responsible for the In the only case that directly ad- in an application form his religious af- detention of most, if not all, American dressed whether the Title VII exemp- filiation, his church and minister. Mr. and other Western hostages held in tion applies to a position funded by Yorker, a Jew, supplied the names of Lebanon during the 1980s and early government funds, the Southern Dis- his synagogue and rabbi. During the 1990s. Eighteen Americans were held trict Court of Mississippi ruled that it interview, an administrator noted that hostage during that period, three of did not. Mr. Yorker was Jewish and told him whom were killed. In the 1989 case Dodge v. Salvation that this children’s home doesn’t hire Hizballah is also suspected in the Army, Jamie Dodge was employed by people who are Jewish. He was shown April 1983 suicide truck bombings of the Salvation Army in its Domestic Vi- the door. the U.S. Embassy in Beirut and the olence Shelter as the Victims Assist- Let me tell you that this didn’t hap- U.S. Marine barracks in October 1983 ance Coordinator. pen decades ago; this is of recent vin- that killed 220 Marine, 18 Navy and 3 After the Director of the shelter saw tage. The same administrator told an- Army personnel. Ms. Dodge using the Salvation Army’s other employee that it is the home’s And Hizballah is also suspected to copy machine, Ms. Dodge admitted practice to throw the resumes of appli- have been behind the hijacking of TWA that she had made copies of manuals cants with Jewish-sounding names in Flight 847 in 1985, and the killing of a and information on Wiccan rituals. the trash. The Yorker name got past Navy diver, Robert Stethem, who was Soon after making these admissions, her. on board. Ms. Dodge was terminated. Ironically, Yorker has not always Hamas, Al-Jihad, Abu Sayyaf, and Is- She filed a complaint that because been the family name. Alan Yorker’s lamic Movement are some of the other the shelter where she worked received Jewish paternal grandfather, Harry better-known extremists that argue substantial federal and state funds, the Monjesky, spent many years as a con- their organizations are based on Is- Title VII exemption could not be ap- ductor on the New York Central Rail- lamic religious beliefs. plied to her. road. When the railroad began to face There are radical Jewish groups as The District Court ruled that ‘‘even tough times, Jewish and African-Amer- well, such as Kach and Kahane Chai. though the religious exemption does ican workers were singled out for lay- These two Jewish movements seek to permit the Salvation Army to termi- offs first, regardless of their seniority. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4937 Mr. Monjesky was fired and left with- Virginia,’’ are as relevant now as they dren, families, seniors, and persons out a livelihood. Several years later, were in 1785. Although we don’t debate with disabilities each year. In 2000, $683 when Alan’s father reached adulthood, the faith-based initiative proposal in million in these funds was used to sup- he changed his name to Yorker. He its entirety today, I look forward to port child protective services, foster wanted to make sure that his children the opportunity to continue to protect care, and adoption services alone. would be judged by their merit and not our historic balance in the relationship Twelve percent of the funds was used by their surname or private religious between church and state. for disability services, and $181 million beliefs. I yield the floor. was used to provide services to the el- That is how Alan Yorker’s resume Mr. KENNEDY. Mr. President, the derly. This program is the only Federal landed at the top of the pile instead of CARE Act is a significant bipartisan source of funding for Adult Protective the home’s trash bin. And nearly a cen- effort to create improved opportunities Services, which provides assistance and tury after his grandfather was turned for charitable giving. That is a goal I protection for elderly and disabled away by the Railroad because of his re- wholeheartedly support. Charitable adults who are victims of abuse. giving is a continuing reaffirmation of ligion, Alan Yorker faced the same dis- Restoring these funds is especially the deeply held community spirit of crimination when applying for a gov- important now, when most States are the American people. It recognizes our ernment-funded position. cutting and even eliminating the very responsibility to help the less fortu- I will conclude by saying that these services and programs that the social nate, and the work of charitable orga- are examples of what is being done in services block grant was enacted to nizations is essential in protecting the the name of religion. For it to be done support. The economic downturn, esca- well-being of millions of our fellow by a religious organization to achieve a lating State deficits, and reduced fund- citizens. religious goal, with funds raised by co- ing for social services, has left State religionists, is certainly allowed in The key provision of the bill will at long last allow those who do not program officials with the impossible title VII of the Civil Rights Act. To itemize their deductions to receive a task of deciding who to help and who say, however, that we are going to open tax deduction for their charitable con- to turn away. the Federal Treasury and provide mil- tributions. This deduction will benefit We must do all we can in Congress to lions of dollars to religions for social millions of low and middle-income fam- ensure that States have the resources services, and then approve of their dis- ilies who are already making signifi- they need to support their most vulner- criminatory activity in the name of re- cant charitable contributions each able citizens. I commend my colleagues ligion, is branching out in a direction year, and it will encourage even more on the Finance Committee on the pro- that our Founding Fathers could never charitable contributions in future vision to restore SSBG in the CARE have considered, let alone condoned. years. Act for the coming year. Our goal now In light of this complex constitu- The agreement to remove the con- is to see that we keep doing that in fu- tional issue, I think it is fair to ask troversial title 8 makes sense, so the ture years as well. why we even need a faith-based initia- bill can move quickly through Con- Today’s action should not be just a tive. President Bush believes it is nec- gress. All of us share the goal of en- temporary, 1-year fix. We owe a lasting essary because ‘‘people should be al- hancing community-based services for commitment to the children, families, lowed to access money without having low-income people through public, pri- and seniors who need our help the to lose their mission or change their vate, and faith-based organizations. most, and I look forward to working mission.’’ However, current law al- Our concern with title 8 was that it with my colleagues to achieve this ready permits groups that are affili- failed to see that faith-based organiza- goal. ated with religious entities to provide tions do not use these public funds to Mr. JEFFORDS. I would like to brief- social services with Government fund- discriminate on the basis of religion. ly discuss one of the provisions in the ing. Many of us continue to be concerned CARE Act, an incentive that will en- Catholic Charities, Lutheran Social about a separate development on the Services, Jewish Federations, and courage the conservation of environ- discrimination issue. The President has mentally sensitive land. This conserva- many other religious organizations issued an Executive order repealing have received—and continue to re- tion incentive will allow landowners more than 60 years of Federal protec- who own environmentally sensitive ceive—taxpayer funds from the Govern- tions against religious discrimination ment to provide much-needed services land to exclude part of the gain they in publicly funded programs. Under the realize if they sell their land to con- that our Government is often unable President’s order, organizations can re- and unavailable to provide. servation organizations for the purpose ceive public funds and then refuse to of conservation. These organizations access Federal hire persons because of their religion, We are losing our farms, ranches, and funds without changing their missions. their marital status, or their sexual open spaces at an alarming rate. Many For example, Catholic Charities has a orientation. As the Senate considers landowners would like to transfer their publication entitled ‘‘10 Ways Catholic future legislation to support and fund land to a conservation organization Charities are Catholic.’’ At the same community-based organizations that that would conserve it or preserve its time, Catholic Charities in Chicago, provide social services, including faith- original use. For many of them, how- which I am proud to represent, also based organizations, I look forward to ever, donating land to a conservation issues the following statement on its working with my colleagues to see that organization is not an option. Their Web site: civil rights protections are safe- land is an important asset, the sale of Catholic Charities employs more than 3,000 guarded. dedicated, compassionate and professional I am pleased that the CARE Act re- which will yield an important source of men and women, regardless of race, religion, stores funding for the social services income. or ethnic background. block grant. Congress made a promise The CARE Act creates a new tax in- Many Catholic Charities across the in 1996 to do so, and it is essential to centive for these ‘‘land rich/cash poor’’ Nation have similar equal opportunity keep that promise, so that vulnerable taxpayers who cannot take advantage statements. Americans can continue to rely on the of the current law’s charitable deduc- As thousands of Americans visit our funding in the years ahead. tion. This new incentive is an exclusion Nation’s Capital, many will stop at the For too long, Congress has ignored from income for one-fourth of the gain Jefferson Memorial and read the fol- its responsibility to those most in that taxpayers realize upon a sale of lowing inscription, in the words of need. Since 1995, annual funding for land, when the land is sold for con- Thomas Jefferson: SSBG has been cut by more than $1 bil- servation purposes, to a conservation No man shall be compelled to frequent or lion, from a high of $2.8 billion to the organization. The exclusion will also be support any religious worship ministry or current level of $1.7 billion. This bill available for a transfer of a partial in- shall otherwise suffer on account of his opin- will restore the amount to $2.8 billion terest, such as a conservation ease- ions in matters of religion. in the next fiscal year. ment. With this provision, landowners These words, from Jefferson’s ‘‘Bill The social services block grant pays would pay less tax when they transfer for Establishing Religious Freedom in for critical services for 11 million chil- land for conservation purposes. S4938 CONGRESSIONAL RECORD — SENATE April 8, 2003 I first introduced a bill similar to the benefit from planned gift revenues. The ger at a local level. I have been espe- CARE Act provision in the 106th Con- IRA rollover provision will allow char- cially impressed by the remarkable gress. In 2000, both Presidential can- ities to increase the number of planned work of food banks in Indiana. In many didates endorsed this approach. This gifts, while being able to diversify cases, they are partnered with church- year, and in the previous 2 years, a pro- their planned gift portfolios. es and faith-based organizations and vision like the conservation exclusion I have been a supporter of Individual are making a tremendous difference in in the CARE Act has been included in Development Accounts and was pleased our communities. We should support the President’s budget proposals. It has that this initiative to expand these ac- this private sector activity, which not also been endorsed by a diverse range counts is included in the bill before us. only feeds people, but also strengthens of interest groups, including the Farm These accounts are made up of dollar- community bonds and demonstrates Bureau, Ducks Unlimited, the Land for-dollar matching contributions up to the power of faith, charity, and civic Trust Alliance, the American Farm- $500 from banks and community orga- involvement. land Trust, and the Nature Conser- nizations to be used by lower-income I would like to thank Senators vancy. working families to buy a home, start SANTORUM, LIEBERMAN, GRASSLEY, and My bill—and President Bush’s budget or expand a small business, or pay for BAUCUS for their efforts in helping proposals—called for a 50-percent ex- college. America’s charities meet their funding clusion. If, as I believe, this tax incen- I believe that one of the most impor- goals, and to those individuals who tive proves to be an effective way to tant provisions that has been included take advantage of the services provided encourage conservation, I hope that we in this bill is the Hunger Relief Tax In- by these groups. will someday be able to increase the centive Act. This important provision Mr. GRAHAM of Florida. Mr. Presi- exclusion. This new tax incentive will allows for expanded charitable tax de- dent, I am pleased that the Senate is mean more conservation with no new ductions for contributions of food in- considering the CARE Act today. By appropriations, and no new restrictions ventory to our nation’s food banks. De- enacting this legislation, Congress ac- on land use. It adopts a new, market- mand on food banks has been rising, knowledges the inherent good in mil- based approach to conservation, using and these tax deductions would be an lions of Americans. funds that have either been privately important step in increasing private The bill includes a number of changes raised or set aside by State and local donations to the non-profit hunger re- to the tax rules that will make it easi- governments. lief charities playing a critical role in er for individuals to donate to the tens Mr. LUGAR. Mr. President, I rise meeting America’s nutrition needs. of thousands of worthwhile charities today in support of the Charity, Aid, As I have traveled around Indiana, I that operate across this nation. By Recovery, and Empowerment Act. I am have visited many food banks in our making the charitable deduction avail- proud to be an original cosponsor of state. They have confirmed the results able to those taxpayers who don’t this important legislation, which of a study by the U.S. Conference of itemize their deductions, married cou- would encourage more citizens to con- Mayors that showed demand for food at ples can deduct as much as $500 of the food banks has risen significantly. The tribute to non-profit programs and in- contributions they make to charity. success of welfare reform legislation stitutions. I want to commend my col- Provisions in the legislation also has moved many recipients off welfare leagues, Senators SANTORUM and make it easier for individuals to do- and into jobs. In many states, welfare LIEBERMAN, for introducing this impor- nate funds they have saved in an IRA. roles have been reduced by more than tant bipartisan legislation. The CARE Rather than having to report this half. But we need to recognize that Act is designed to promote charitable amount in income and then take a these individuals and their families are giving at a time when charities report commensurate deduction for the con- living on modest wages. As the states’ increasing demands on their services tribution, the new rule allows the unemployment rates have risen, so has along with a decline in contributions. funds to be transferred directly to the the demand placed on the food banks After the tragedy of September 11, charity. and soup kitchens. charitable contributions were greatly The bill also eases the burden of According to the Conference of May- gaining tax benefits for those individ- deminished. Donations to charitable ors survey, during the last year, re- organizations dropped last year by 2.3 quests for emergency food assistance uals who wish to make donations of percent and they are lagging even fur- has increased one hundred percent. food, books, and scholarly composi- ther behind this year. At the same Forty-eight percent of the people re- tions to charity. While these charitable giving incen- time, more people are turning to char- questing emergency food assistance are tives are useful to many citizens and ities for help because of job lay-offs, either children or their parents. The health concerns, and the needs of our number of elderly persons requesting the charities they desire to help, this children. The tax incentives contained food assistance has increased by nine- legislation may be even more impor- in the CARE Act to encourage chari- ty-two percent. tant because it contains strong provi- table giving are needed now more than Private food banks provide a key sions that will help the Internal Rev- ever. safety net against hunger. According enue Service and the Nation’s courts Included in this bill is language to to an August 2000 report by USDA, 31 crack down on abusive tax shelters. encourage charitable giving by allow- million Americans are living on the In his last report to the IRS Over- ing a tax deduction for charitable giv- edge of hunger. sight Board, the IRS Commissioner ing for non-itemizers. Eighty-six mil- USDA statistics show that up to 96 Charles Rossotti identified abusive cor- lion Americans do not presently billion pounds of food go to waste each porate tax shelters and promoters of itemize their deductions on their tax year in the United States. If a small tax schemes of all varieties as among returns. This provision would allow for percentage of this wasted food could be the most serious compliance problem a tax deduction up to $250 for individ- redirected to food banks, we could areas. In addition to the revenue lost uals and $500 for couples. Organizations make important strides in our fight by the Federal Government—funds such as the American Red Cross, the against hunger. that could be used for defending the March of Dimes, and other charitable The food bank provisions under the homeland, education, and protecting organizations that rely on low dollar CARE Act would allow farmers and the environment—the proliferation of donations believe that they will be able small business owners to take a deduc- these schemes represents in Commis- to generate more donations if everyone tion when they donate food to their sioner Rossotti’s words ‘‘a failure of could take a deduction regardless of community food bank. Currently this fairness to the millions of honest tax- which form they file with the Internal deduction is available to large corpora- payers whose commitment to paying Revenue Service. tions but not to small businesses. This their taxes is based on the principle The ability to roll over excess funds approach would stimulate private char- that the IRS will act if they or their from Individual Retirement Accounts itable giving to food banks at the com- neighbors do not pay their fair share.’’ to a charitable organization or univer- munity level. This administration has been slow to sity is also a part of this legislation. Each citizen can make an important embrace measures that crack down on Many organizations and universities contribution to the fight against hun- those who manipulate the Tax Code to April 8, 2003 CONGRESSIONAL RECORD — SENATE S4939 avoid paying their taxes. Despite the The PRESIDING OFFICER. The Sen- forward. We are now at a point where previous administration having identi- ator from Iowa. we are within 24 hours of passing the fied the proliferation of tax shelters as Mr. GRASSLEY. Mr. President, first legislation. Most of all, I thank my col- a large and growing problem as far of all, I thank Senator BAUCUS for the league from Connecticut, Senator back as 2000, President Bush’s initial compliments he gave me. More impor- LIEBERMAN, who has been a faithful budget contained no legislative rec- tantly, it emphasizes, as I have tried to partner—to use a play on words—a ommendations to stem the prolifera- indicate, the great cooperation I have faithful partner in putting this initia- tion of tax shelters. had from him. Legislation such as this tive together. Only after it became clear that Con- has some controversial provisions in it, We have worked together closely gress was going to address this issue, and you don’t get a piece of legislation with the President, who has been truly did the Bush Administration take no- such as this to the floor without the bi- the motivating force to try to provide tice. Even then, their approach to com- partisan cooperation that has been ex- some ammunition to the armies of bating this problem was, at best, timid. hibited. I thank him for that. compassion out there on the front lines The Bush administration’s solution AMENDMENT NO. 526 every day, fighting for hope and oppor- was to continue to rely solely on the (Purpose: To provide a Managers’ tunity for the millions of Americans Service’s ability to detect an abusive amendment) who have yet to realize their dreams in tax shelter from within the minutiae of Mr. President, I send an amendment dealing with the problems that con- a taxpayer’s tax return. If the Service to the desk and ask for its immediate front them. was fortunate to uncover a tax shelter, consideration. This is what is referred The President has, through his faith- it could then initiate steps to shut it to as the managers’ amendment. based initiative, been very clear in the down. This is a difficult and time-con- The PRESIDING OFFICER. The role of charitable organizations, par- suming process for the IRS to under- clerk will report the amendment. ticularly people of faith within those take. The bill clerk read as follows: organizations, to heal many of the ills While disclosure of these schemes by The Senator from Iowa [Mr. GRASSLEY], for that confront society. We are a society taxpayers and promoters can be useful himself and Mr. BAUCUS, proposes an amend- that, while very prosperous by any in combating the proliferation of tax ment numbered 526. measure, even at a time of economic shelters, the IRS also needs some addi- Mr. GRASSLEY. Mr. President, I ask downturn that we are experiencing tional tools. This is why the bill in- unanimous consent that further read- right now, we are still the wealthiest cludes a statutory requirement that ing of the amendment be dispensed country in the history of the world. transactions utilized by taxpayers have with. With that great wealth comes responsi- an economic rationale beyond the cre- The PRESIDING OFFICER. Without bility. So many people have taken up ation of tax benefits, commonly re- objection, it is so ordered. that responsibility, trying to meet and ferred to as the ‘‘economic substance (The amendment is printed in today’s serve those who in a society of great doctrine’’. The bill backs up this new RECORD under ‘‘Text of Amendments.’’) wealth have experienced a multitude of requirement with stiff penalties for Mr. GRASSLEY. Mr. President, I ask problems in trying to achieve, both taxpayers who engage in such trans- unanimous consent that all time be from the economic perspective but actions. again, as I said before, pursuing their It is a simple requirement. You don’t yielded back on the amendment. dreams. even need to be a tax attorney to un- The PRESIDING OFFICER. Without objection, it is so ordered. This piece of legislation, while it is derstand it. Simply put, it would re- not everything the President re- quire that transactions conducted by Mr. GRASSLEY. Mr. President, I fur- ther ask unanimous consent that the quested—it is not all of his faith-based taxpayers have a business purpose. initiative—certainly gets at one of the What does that mean? The proposal re- amendment be agreed to and the mo- tion to reconsider be laid upon the most important components which is quires that a taxpayer have a reason the one funding organizations which do other than the creation of tax benefits table. The PRESIDING OFFICER. Without charitable purposes or have charitable for engaging in a transaction. purposes. A cursory review of the recent Joint objection, it is so ordered. No. 2, there is a provision called the Committee on Taxation report on the The amendment (No. 526) was agreed Compassionate Capital Fund which is tax returns of Enron Corporation high- to. Mr. GRASSLEY. Mr. President, I grants to small organizations with less lights the dire need for this legislative have already complimented Senator than six employees or less than $1⁄2 mil- change. The Joint Committee on Tax- SANTORUM and Senator LIEBERMAN for lion in funding, to go out and be able ation found that Enron paid total fed- their joint work on most of the provi- to, for the first time, compete for Fed- eral income taxes for the period 1996 sions of this legislation. I am happy to eral funds. through 2001 of $63 million. During this have Senator SANTORUM, who is also a A lot of these small organizations, same period Enron reported to inves- member of the Senate Finance Com- most of which are faith based in na- tors that it had profits of nearly $6 bil- mittee, manage a bill that he has been ture, have not been successful in apply- lion. How was Enron able to paint such central to getting those provisions into ing for government grants principally obviously contrasting pictures? because they don’t have the resources According to the Joint Committee on law. or the expertise to do so. When you are Taxation’s report, Enron transformed I suggest the absence of a quorum. running a food pantry with one or two its tax department from an administra- The PRESIDING OFFICER. The people, most of whom are part-time tive function to a profit center. Enron clerk will call the roll. The bill clerk proceeded to call the employees and many volunteers, you spent millions of dollars on tax attor- roll. don’t have the expertise to apply for neys and shelter promoters who helped Mr. SANTORUM. Mr. President, I Federal grant dollars or any other kind it cook up transactions that had no ask unanimous consent that the order of grant dollars. You try to do what purpose other than to artificially re- for the quorum call be rescinded. you can to make ends meet. This pro- duce its tax liability. According to the JCT Report, these The PRESIDING OFFICER. Without vides the kind of technical assistance transactions: objection, it is so ordered. necessary for a lot of smaller, mostly Mr. SANTORUM. Mr. President, I inner-city organizations that right now demonstrate the need for strong anti- avoidance rules to combat tax-motivated thank the Senator from Iowa, the do not take advantage of the money transactions that might satisfy the technical chairman of the Finance Committee, available through the Federal Govern- requirements of the tax statutes and admin- for his kind words and his cooperation. ment, again, whether they are faith istrative rules, but that serve little or no I thank the ranking member of the based or not. purpose other than to generate income tax committee for his cooperation. Most of these organizations are faith or financial statement benefits. There are some things in this legisla- based in nature so there is a faith com- This bill provides those strong anti- tion that he is not particularly enam- ponent to this. As I will show later, avoidance rules, and I hope they will ored with, but he was most cooperative many of the provisions in the act will become law sooner rather than later. and helpful in moving the legislation have a disproportionate benefit to S4940 CONGRESSIONAL RECORD — SENATE April 8, 2003 charitable organizations which are of the reasons that faith organizations Even with that outpouring of giving, faith based. should be and need to be included in because of the sluggish economy, chari- It doesn’t accomplish a couple of the providing social services, is that a lot table giving fell again last year. Cor- things the President set out to do. The of these faith-based organizations don’t porate giving fell again between 2000 issue Senator DURBIN spoke of earlier just treat the symptom. They don’t and 2001 by 14.5 percent. having to do with equal treatment, just treat the hunger, if it is someone Again, we don’t have the final num- even though it is not in this legisla- who comes in for food assistance, or bers for 2002, but it was supposed to be tion, let me address it very briefly and they don’t just treat the dependency on off again last year. We saw the Amer- then maybe in more detail later on. drugs or alcohol, if someone comes in ican Red Cross—I’ll give a couple of ex- The whole concept of equal treat- for addiction treatment. It doesn’t just amples. Their contributions declined ment is to allow those who have some treat the problem of a lack of a GED or anywhere from 20 to 60 percent; Salva- element of faith within their organiza- education, if someone comes in for edu- tion Army, off 5 to 10 percent; United tion—and there is a whole range across cation and training. What they do, be- Way, off 4 to 5 percent. We can go on the charitable organization horizon. cause of their mission, they treat the and on. Colleges and universities saw a There is a whole range of faith, how mind. They treat the spirit and they decline in the amount of charitable much faith is integrated into those or- treat the emotional well-being of this giving to their organizations, too. ganizations—some are, to use the term, person. They treat the whole person. So what we are doing is trying to re- ‘‘saturated’’ or completely faith based That is one of the keys to success in spond in a comprehensive way. When I in nature and expressively faith based trying to truly turn people’s lives say that, I mean if you look at this in their programs, to the whole range around in a way that brings them back bill, it is carefully crafted to provide of the other side which are those that into productive life in America. incentives for all different types of are exclusively secular and even to The key to these faith organizations givers—corporate, foundations, and in- some degree hostile to faith. In be- is having people who have this mission dividuals who don’t itemize on their tween there are gradations. they share out there teaching and tax forms. By the way, if those with What the President has tried to do is bringing people in based on a certain IRA rollovers want to give money to instead of, as we do right now, as we core value structure. My argument is, charitable organizations, they can do did prior to the 1996 welfare reform, we should not discriminate against so without having to pay taxes under which allowed for charitable choice, in people who have programs that are this legislation. So whether it is the other words, for some government pro- value laden—those values may be based small giver to, hopefully, the retiree, grams to go, these dollars to go to on Scripture, the Old or New Testa- or someone who has a large IRA, or faith organizations, we sort of elimi- ment or some other book—as opposed corporations who may want to give nated all these people of faith and all to saying we are going to discriminate more money—all the way down the line these organizations that have faith as against you because the values you to food donations, which is another a component of their mission or their have are based upon a religious belief, area where the Senator from Indiana, vision or their program and left it to a as opposed to an organization that is Senator LUGAR, has a provision in this very rather narrow category. secular and its values are not based on legislation that I think is very impor- We, in 1996, on the Senate floor, with a religious belief. I don’t understand tant, we have a provision that will en- President Clinton signing it, said we the reason for the discrimination. I courage literally billions of dollars of would stop that discrimination against don’t believe it should exist. additional food donations over the next people of faith who wanted to act based I have had this discussion in brief, several years by providing a tax incen- on their faith to help their fellow man, and we can talk more about it. I am tive for corporations; but for the first as long as they didn’t do certain things sure we will. But having said all that, time, partnerships, individual propri- such as use it for faith worship or pros- none of that is in this bill. We decided etors, and S corporations will be able elytizing, things that are not delivery not to have this issue before us today to take the fair market value of their of service. because the need of getting resources donation as a deduction—it is up to We expanded greatly the range of out to the charitable organizations twice the cost of the basis of that food faith organizations and nonfaith orga- meeting human service and edu- item—as a deduction for giving to nizations. We expanded greatly those cational and other needs is, frankly, charitable purposes. who can participate in government too urgent. We have about a billion pounds of funds. When you do that, you run into While we will debate this—and I am food donated right now to people in some problems, some questions. sure others will want to debate this America to help feed the hungry in We have seen tremendous success and issue—the true debate will wait for an- America. It feeds about 26 million peo- very few cases where problems have other day. That will be when the wel- ple. There are 96 billion pounds of food arisen, but in the areas where they fare reauthorization comes up. That is wasted in America. That is just an have, there have been questions as to where this whole conversation of chari- enormous amount. It is almost incom- what government statutes apply, what table choice and allowing faith-based prehensible that we are talking about provisions or regulations apply to faith providers to participate in government that amount. When you consider the organizations as opposed to nonfaith grants came about, back in 1996. And it fact that roughly 1 billion pounds of organizations. is where we should continue that de- food donated helps feed 26 million, can One of the principal questions has to bate. I pledge to you that whether we you imagine, if we just increase it by a do with people’s religious liberties and get that bill or have that amendment very small percentage, the amount of their ability to practice their faith in committee, or whether we bring it donated food there could be and how bumping up against other rights. The to the floor, this will be a topic of dis- many people we could feed in America? one that the House of Representatives cussion and one I encourage all Mem- Senator LUGAR’s legislation is in- dealt with and the Senator from Illi- bers to think about and participate in. cluded. We believe it will make a dra- nois referred to had to do with the But the charitable crisis is real, and matic impact on hunger in America. issue of employment and whether reli- that is why I agreed—and my col- There are a lot of other provisions. gious organizations which are provided leagues in the House have been more I see my colleague from Indiana, Mr. with government funds can say that than cooperative in putting together, BAYH. I will be on the floor for a while. someone cannot work for that organi- hopefully, a compromise we can quick- I want to give him the opportunity to zation or they can refuse to hire some- ly get to the President’s desk. We un- share with us some of the things he has one who works for that organization derstand the crisis is real. Adjusted for been active with. He has a provision in who doesn’t share that organization’s inflation, charitable giving 2 years ago, the legislation he has shepherded values with respect to tenets and in 2001, was 2.3 percent lower than in through the process. I will have him teaching of the faith which is expressed 2000. You have to remember at the end talk about that. He has also been a through their program. of 2001, unfortunately, we had to deal champion and strong supporter of this One of the things I believe is essen- with the aftermath of 9/11, where there legislation and the entire package from tial to a lot of faith organizations, one was a tremendous outpouring of giving. day one. I thank him for his support, April 8, 2003 CONGRESSIONAL RECORD — SENATE S4941 and I appreciate him coming to the As my colleague mentioned, about 70 tant step that is included in this legis- floor to talk about this issue. percent of American taxpayers cur- lation. I yield the floor. rently do not itemize. The provisions of There is something else in this legis- Mr. SANTORUM. Mr. President, I see this legislation that will allow their lation that is near and dear to my the Senator from Indiana. I yield to charitable contributions to be tax de- heart. We have an outstanding example him as much time as he may consume. ductible will enlist literally tens of in my home State of Indiana. I know Mr. BAYH. Mr. President, I thank my millions of our fellow citizens in phi- my colleague from Pennsylvania has colleague from Montana for his leader- lanthropy, charity, good civic works, spent a great deal of time thinking ship, his friendship, and his devotion to community level to address the urgent about how to break the cycle of pov- this issue. I have listened with interest needs of our time: Homelessness, hun- erty. He has worked extensively in the to his comments about the importance ger, medical needs, fighting drug and area of welfare reform. As a matter of of ensuring that the incentives in the alcohol abuse and addiction, teen and fact, to set an example for his col- bill actually increase the charitable juvenile violence—these sorts of leagues of actually reaching out to in- giving, as intended, and that we not in- things—helping to mend the social fab- dividuals who have been in the welfare advertently run a risk of lack of com- ric that is in too great a risk these system and not only moving them from pliance. I concur with those sentiments days. welfare to work, but moving them into and the need for a study to make sure Very often, as my colleagues know, jobs in his own office. I salute him for we accomplish what it is we intend to we get consumed in this Chamber in that success. Again, it is an example accomplish. debates not about whether these ur- we would all do well to emulate. I also want to begin by thanking our gent tasks are being performed, but in- As the Senator from Pennsylvania colleague from the State of Pennsyl- stead about who is performing them. knows well, we spend hundreds of bil- vania. It is fair to say we would not be Mr. President, my strong sense of lions of dollars in this country dealing here today without Senator where the American people stand with the manifestations of what really SANTORUM’s leadership. He has been today, and my strong sense of where are deeper underlying causes. If one persistent and willing to strike prin- the Senate needs to stand today, is on looks at the causes of welfare depend- cipled compromises. It has not always the side of those who are getting these ency, at the causes of juvenile vio- been easy, but it is to his credit in lence, teen pregnancy, alcohol and drug choosing to make progress rather than works done, effectively addressing the abuse, educational and economic just having an issue. I thank him. needs of the American people. When it comes to housing the home- underperformance, all too often one Thanks to him, we are on the cusp of a less, feeding the hungry, caring for the will find the root causes of these mani- significant breakthrough with regard sick and afflicted, it is more important festations and all the expense we go to to doing some things that will, in fact, these tasks are being accomplished in in how we treat our children. lead to better care for the American the most effective way rather than get- There is an important provision in people. To our other colleagues involved in ting bogged down into who is accom- this legislation in this regard. It deals the effort, including Senators plishing it and exactly how. with maternity homes. We have an out- We will enlist thousands of addi- standing example: Saint Elizabeth’s in LIEBERMAN, NELSON, GRASSLEY, and my colleague from Indiana, Senator tional organizations, empower them, Jeffersonville, IN, in Clark County. It and increase their efforts—church is an outstanding example of how this LUGAR, I salute them. I observe that at a time and in our body that is too often groups, civic groups, other groups dedi- money can be leveraged not only in driven by politics and partisanship, cated to doing good deeds, who enlist helping the teen mothers but in help- this has truly been a bipartisan under- our citizens in the cause of not only ing the children and, in so doing, help- taking. doing well but also accomplishing ing taxpayers and the rest of society. As I have observed before, just as good, and that is vitally important for Their experience indicates that 90 faith can move mountains, perhaps it the future well-being of our great soci- percent of these young women who are can also bring together Members of the ety. expectant mothers who have the bene- Senate and span the political divide There are two additional points I fits of the services of Saint Elizabeth’s that too often separates those of us on think should be remarked upon. Sen- go on to finish their high school edu- one side of the aisle from the other. ator SANTORUM alluded to the first. It cation, to get a diploma, to accomplish That is a good thing that the debate is the individual development account that first educational step on the lad- has brought to the Chamber—a greater provisions of this legislation. It in- der toward a more successful life. sense of comity and devotion to volves a bringing together of the best It is about the same percentage for progress and bipartisanship. thinking on both the left and the right. their children. New babies are born I reflect today, as our military men This provision would empower those healthy rather than with serious and women are in harm’s way in Iraq, who are less fortunate in our society to health problems. And about the same on the fact that our country’s greatest get a stake in the American dream, a percentage of those new mothers do military strength lies not in our weap- stake toward owning a first home, not go on to have additional children ons systems, not in the planes, the starting a small business, going to col- out of wedlock. So it is good for the tanks, and the missiles, as important lege—the kinds of activities that will mothers because they finish their edu- as they are but, rather, in the char- lead to greater prosperity and progress cation, it is good for the children be- acter, the bravery, and the courage for individuals who currently do not cause they are born healthy, and it is those men and women honor us by have much in the way of hope for ei- good for society because we deal with demonstrating in the defense of our na- ther. It gives them a property interest some of the root causes of poverty, tional security interests—just so our and a stake in the marketplace in homelessness, teen violence, drug and greatest strength domestically is not which traditionally those on the ideo- alcohol addiction, and education the financial markets we enjoy, not the logical right would have a greater in- underperformance, and in so doing, technology or the factories, as impor- terest, but it focuses the property in- help society as a whole and the tax- tant as they are to our prosperity. In- terest and the competitiveness in the payers in addressing these problems at stead, it is the innate goodness and marketplace on those who are less for- the root cause, rather than waiting to spirit of the American people. That is tunate, giving them all an opportunity address the symptoms, the manifesta- what we celebrate today, Mr. Presi- to make the most of their God-given tions at a later stage. dent. That is what we advance with talents, something that those on the I am pleased to join with my col- this legislation, and that is why I am ideological left speak to with great fer- league. This legislation, frankly, has such a strong supporter of the CARE vor. been too long in coming, but here we Act. Through its provisions, we will en- This is a provision that brings the are on the cusp of a great step forward list literally tens of millions of our fel- best of thinking across the ideological to make our Nation not only more low citizens in the urgent cause of spectrum, regardless of ideology, to do prosperous, not only more secure, but making this country an even better what is right for the American people. more decent, more compassionate, place. That is why it is a sensible and impor- more just. That, at the end of the day, S4942 CONGRESSIONAL RECORD — SENATE April 8, 2003 is the test of a great society and a It recognizes our shared belief that arately incorporated as nonprofits and great nation, measured not only by the the more resources we can direct to or- both are able to distinguish their reli- strength of our arms as being dem- ganizations that are committed to gious activities from their secular so- onstrated abroad as we speak, not only helping people, the better off we will cial services activities. in the size of our gross domestic prod- be. The increase in the social service So an initial point we must recognize uct, as important as that is, but in the block grant is a tremendous step for- in the debate about faith-based initia- opportunity and the decency we dem- ward and is something I know I am tives is that it is not whether religious onstrate to our fellow citizens in the proud of, but certainly the Senator groups will or should play a role in the course of their daily lives and in our from Pennsylvania has to be very spiritual and temporal lives of Ameri- own. proud of because he is the principal ar- cans—they do, and they will continue For all those reasons, Mr. President, chitect of this effort, and the new tax to do so—nor is the question about I count myself a strong supporter of advantages also are very important. whether the government discriminates this legislation. I again thank the Sen- Indeed, Senator SANTORUM and Sen- against faith-based charitable groups. ator from Pennsylvania. Without his ator LIEBERMAN worked very hard to The question is how the important efforts, we would not be here. I thank improve legislation that in the other roles faith-based organizations play those on our side of the aisle who body was submitted as the Community can continue to meet the constitu- worked so hard on this legislation. I Solutions Act of 2001, known as H.R. 7 tional requirement of separation be- am hopeful that in short order we not in the 107th Congress. That legislation tween church and state, both as a mat- only can pass this bill and send it to contained a number of controversial ter of law and as wise public policy. the President for signature, but, in so and potentially unconstitutional provi- This constitutional standard has doing, help millions of our fellow citi- sions, but they worked very diligently, strengthened religion in America com- zens. I thank my colleagues for their very carefully, very thoughtfully to pared to other countries around the time. eliminate those provisions from their world. We can see on the nightly news- I yield the floor. bill and ultimately today to bring this casts the effects of intolerance across The PRESIDING OFFICER. The Sen- legislation to the floor, which I think the globe, of established religions bat- ator from Pennsylvania. and believe will get, as I said, unani- tling other beliefs. In America, we have Mr. SANTORUM. Mr. President, I mous approval by this body. Certainly been spared much of that. I believe it is thank the Senator from Indiana for his I approve of it. directly attributable to the wise condi- overly kind words with respect to my The CARE Act is going to provide in- tion included in the First Amendment. participation in this legislation. The creased resources for needed social My awareness and sensitivity to Senator from Indiana has been truly services, and it is going to do so with- these issues might spring in large part one of the people out front and has out including at this juncture trou- from my roots growing up in Rhode Is- been very supportive. I cannot count bling provisions that were in the origi- land. As a child, I learned the history the number of press conferences I have nal House bill. I know the Senator of Roger Williams and the founding of asked the Senator from Indiana to be from Pennsylvania reserves his right to the colony of Rhode Island and Provi- at trying to keep this ball rolling, and engage again on this issue—in fact, I dence Plantation. Upon leaving the en- at times with a very busy schedule. He believe he will exercise his right in all forced orthodoxy of the Massachusetts has always found time to associate forums, and that is the glory of this Bay Colony, Roger Williams started a himself with this cause and to continue body, and we shall engage in more ex- settlement that ultimately became to make sure it was on track in a bi- tended debate, I think, in the future. Rhode Island. This settlement was partisan way. But this afternoon is an opportunity to founded on his belief, in his words: That is how we get things done commend him, thank him, and recog- ‘‘that no man should be molested for around here. I am very happy to have nize his wise and statesmanlike con- his conscience.’’ him as one of the prime cosponsors of duct. I again thank Senator SANTORUM. The spirit of Roger Williams was cap- this legislation. I again appreciate very The debate about church and state in tured by his contemporary, John much his kind words, but even more so this land precedes, indeed, the Con- Clarke, in the petition for a new royal appreciate his tremendous effort on stitution of the United States. It has charter by the people of Rhode Island making this legislation a reality. been ongoing since the early days of in 1663. In his words, the people of Nar- I see the Senator from Rhode Island. the American experience. Religion has ragansett Bay: If he is on a time schedule, I will be been an important part of our national have it much in their hearts, if they may happy to yield the floor to provide him life throughout our history. Indeed, be permitted, to hold forth a lively experi- an opportunity to speak. European immigration in large part ment, that a flourishing and civil state my The PRESIDING OFFICER. The Sen- was motivated by the search for an en- stand, yea, and best be maintained. . . . with ator from Rhode Island. vironment conducive to freedom of a full liberty in religious commitments. Mr. REED. Mr. President, I commend conscience and religious exercise un- As a result of this religious liberty, Senators GRASSLEY and BAUCUS for hampered by State involvement. Rhode Island became a refuge for peo- bringing this important legislation to Today, in the year 2003, religion re- ple persecuted for their religious be- the floor, but I particularly commend mains a vital force in our national life liefs elsewhere. And Anabaptists, and thank Senators SANTORUM and and religiously affiliated institutions Quakers, and Jews settled in Rhode Is- LIEBERMAN for their principled and play a critical role in the provision of land because of its commitment to reli- tireless efforts to bring this legislation social services. For example, in 1996, gious liberty and tolerance. to the floor and for recognizing that Federal, State, and local governments This lively experiment became a original versions of this legislation granted $1.3 billion to Catholic Char- model for the Founding Fathers and contained elements that were, to say ities USA, comprising 64 percent of its helped lead to the drafting of the First the least, controversial. budget. In 1999, 53 percent of Catholic Amendment: ‘‘Congress shall make no Senator SANTORUM particularly rec- Charities’ budget came from State and law respecting an establishment of re- ognized the need to provide additional local governments, and an additional 9 ligion, or prohibiting the free exercise resources to faith-based organizations percent came from the Federal Govern- thereof.’’ and other charitable organizations ment. In explaining what the First Amend- through new incentives in the tax code In 2001, United Jewish Communities ment meant to the Danbury Baptist to encourage people to contribute to received a Federal grant of $59.8 mil- Association in 1802, Thomas Jefferson charities. All of these issues compelled lion. If indirect payments were in- wrote that the combined effect of the him to make a very difficult choice, a cluded—for example, Medicaid, Medi- establishment and free exercise clauses very important choice, and I think a care, vouchers, or food stamps—the of the Constitution was a ‘‘wall of sepa- very statesmanlike choice to send to amount flowing through religious orga- ration between church and state.’’ the floor today a version of the bill nizations would be significantly higher. Jefferson’s comments were not that I assume will get the unanimous Both of these mission-driven, faith- unique to him. Senator DURBIN has al- approval of this Senate. based groups are independently or sep- ready made a reference to President April 8, 2003 CONGRESSIONAL RECORD — SENATE S4943 James Madison. President Madison elytization and to promote certain considered as retaining an ‘‘equal title to the what was meant by this separation of types of religion. free exercise of Religion according to the church and state extremely clear in There are legal challenges being dictates of conscience.’’ Whilst we assert for several messages he delivered on Gov- raised to many of these proposals. But ourselves a freedom to embrace, to profess the long and short of it is, we have an and to observe the Religion which we believe ernment funding of religious endeav- to be of divine origin, we cannot deny an ors. In 1811, he vetoed a congressional opportunity to debate and to decide equal freedom to those whose minds have not bill granting the use of some Federal these issues through the legislative yet yielded to the evidence which has con- land to a church in the Mississippi ter- process, and we have an obligation to vinced us. If this freedom be abused, it is an ritory. President Madison stated: do so. And when there is a more robust, offense against God, not against man: To Because the bill in reserving a certain par- more extensive attempt to legisla- God, therefore, not to man, must an account cel of land in the United States for the use tively condone or sanction these faith- be rendered. of said Baptist Church comprises a principle based initiatives, I believe there are All of this leads me to my final point. and precedent for the appropriation of funds going to be three major areas we will In the words of the New England poet, to the United States for the use and support need to address. Robert Frost, ‘‘Good fences make good of religious societies, contrary to the article One area is effective restraints on of the Constitution which declares that neighbors.’’ What might be permissible ‘‘Congress shall make no law respecting a re- proselytization with taxpayer funds. under the law does not always guar- ligious establishment’’. . . Resolved. That The second is compliance with local antee the wisest policy. the said bill does not pass. regulatory standards in the delivery of We need to remember that as we de- Indeed, I find it interesting that con- public programs. And the third is pro- bate the President’s faith-based initia- servatives would so cavalierly dismiss hibiting the use of public funds in em- tive, religion has thrived in America so much of the history of this country ployment discrimination. because few people confuse religion and disregard so many of the funda- First, with respect to proselytiza- with government. Religion has been a mental principles of the Founding Fa- tion. If the separation of church and citadel of conscience and a check on thers. President Bush and his conserv- state means anything, then in my government because it draws its ative followers want to transform the mind, it must mean that no American strength and its support from its ad- relationship between church and state should be compelled to pass a sectarian herents, not from bureaucratic pa- by directly funding pervasively sec- test or participate in sectarian exer- trons. cises to receive a public benefit. This tarian organizations. He has done this The religious communities of Amer- principle should be included in legisla- by regulation and by Executive order, ica that have been unequivocally sup- tion and not left to the more shifting since he has largely been unsuccessful porting the President’s attempts to sands of regulatory pronouncements. allow discrimination with Federal dol- in accomplishing these tasks through Second, many advocates of faith- lars might be mindful of the old saying: the legislative process. based initiatives argue that they sim- Just consider some of the changes Be careful of what you pray for. ply want a level playing field. Let’s that he has advanced thus far. In a As the House of Representatives has take them at their word. If State li- June 2001 Department of Justice made clear, we are going to be dis- censing arrangements are appropriate memorandum, the Department of Jus- cussing this issue in the upcoming and necessary to protect children in tice took the legal position that faith- months on welfare, SAMSHA, National publicly funded programs, why should Service, and other programs. It is my based organizations that are given Fed- religious providers be exempt from hope the Senate will undertake a more eral taxpayer dollars to run govern- such licensing requirements? If we con- careful look at how the charitable mental programs should be able to en- sider this issue, we will need to look choice provisions in these bills inhibit gage in employment discrimination on for the even application of local and the free exercise of religion, rather the basis of religion. Subsequent to state laws, particularly laws with re- than encourage it. this memorandum, the President by spect to the protection of children and Again, I thank the sponsors and the Executive order overrode a rule first public health. This is what we will need chairman and ranking member of the enunciated by President Franklin Roo- to do in order to truly create an even Finance Committee for bringing this sevelt that the Federal Government playing field. should not give contracts to employers Finally, we must address the issue of bill to the floor. This is something we who engage in discrimination on the employment discrimination. Title VII will all support, and we will do so with basis of religion. Thus, it is now the po- provides an exemption for religious the notion and the idea and the com- sition of the White House that govern- groups in certain situations. In the mitment to provide resources for peo- ment contractors can discriminate. Amos case, the Supreme Court held ple who want to help other people, and The President believes the govern- that a religious group using its own do so consistent with the spirit and the ment should fund faith-based organiza- funds may claim the Title VII exemp- letter of the Constitution. tions who use proselytization and pray- tion. In the words of the Court, the I yield the floor. er to cure drug addiction and other so- purpose of the exemption was to allevi- The PRESIDING OFFICER (Mr. cial programs. In his State of the ate ‘‘significant governmental inter- CRAPO). The Senator from Pennsyl- Union Address, President Bush cited ference with the ability of religious or- vania. one such program in Louisiana that ex- ganizations to define and carry out Mr. SANTORUM. Mr. President, I pressly combats drug abuse with faith. their religious missions.’’ thank the Senator from Rhode Island The head of another often-cited reli- Today, with respect to the Adminis- for his kind remarks with respect to gious program, Teen Challenge, boast- tration’s proposal, we must recognize the compromise that Senator ed to Congress that he was not only that rather than seeking autonomy LIEBERMAN and I have engaged in to able to get kids to stop using drugs, he from governmental interference, reli- move this legislation forward. I appre- converted Jews into Christians in the gious groups are seeking taxpayer ciate his support of this legislation, as process. funds to carry out governmental re- I do that of all of my colleagues. In newly proposed HUD regulations, sponsibilities. Indeed, in the one unre- As he stated, and he is correct, I do the Administration says that Federal ported case that has ruled on the use of take issue with his perspective on the funds can be used to construct a reli- public funds in this way, the court, in issue of charitable choice and the fund- gious building used for religious activi- this labor case, concluded that the title ing—allowing of government funds to ties if the building also can be used for VII exception does not apply. be used by organizations that have a public purpose such as counseling or As James Madison said in 1785, in his some element of faith within their a food pantry. At least that is the pro- ‘‘Memorial and Remonstrance Against structure, whether it has been the posal. Religious Assessments,’’ in opposition guiding principles of the organization With these and other initiatives, the to a proposal by Patrick Henry that all or with the programs that they admin- President is attempting to breach the Virginians be taxed to support teachers ister. wall the Founding Fathers set up be- of the Christian religion: I do not believe it violates the ‘‘sepa- tween church and state. These initia- If ‘‘all men are by nature equally free and ration of church and state.’’ I do be- tives are clearly designed to fund pros- independent,’’ . . . above all are they to be lieve organizations of faith should not S4944 CONGRESSIONAL RECORD — SENATE April 8, 2003 be discriminated against. We should America. One of the reasons we are a ship, and having that money for a not be in the business of just funding a successful country is because we are a downpayment, is so important. And set of organizations that have no faith faith-filled country. One of the reasons IDAs create that opportunity. component in them at the expense of we are a faith-filled country is because And finally, for starting that small those that do—for a lot of reasons, not we have a tremendous marketplace of business, being that entrepreneur— the least of which is there is a lot of ideas, whether it is the street-corner that spirit really drives America and evidence out there, most of which is preacher or the old church down the really is the ladder of success so many anecdotal I understand, but a growing street that has been there for cen- people in America have access to—we body of evidence that organizations of turies. want to create a nest egg for people to faith are much more effective in deal- We have a marketplace of ideas of be able to buy that first piece of equip- ing with problems, particularly the faith and that is what makes us: Peo- ment. If you want to start a land- more systemic problems that we have. ple out preaching the Word, talking scaping service, you can buy that lawn But I object to the underlying about the values that faith imparts and mower, you can buy the other tools premise of this argument that some- the messages that faith imparts and its you need to do that job, or a variety of how or another we are violating the relevance to people’s lives. other interests people get engaged in as Founding Fathers’ understanding of Here is a statistic I just marvel over. their first business. the separation of church and state. There are more people who go to So we, Senator LIEBERMAN and I, are I talk at a lot of schools. I ask kids: church in America over a weekend, very excited about this opportunity. What words are in the Constitution, church and synagogue and temple, We think it builds not just the oppor- ‘‘the free exercise of religion’’ or ‘‘sepa- than to all the sporting events tunity for access to the home or to the ration of church and state’’? Usually throughout the entire year in America. education or to that small business, about 75 to 80 percent of the kids say, On one weekend, more people go to but it builds the virtue of deferred ‘‘separation of church and state’’ is in their places of worship than to all the gratification. That is a virtue we some- the Constitution, which of course it is sporting events that are held in Amer- times do not practice very much in not. ica over the course of a year. That is America, but it is a virtue of delaying The Senator from Rhode Island remarkable. It is a great thing about the expenditure of that dollar, to put it talked about the genesis of that in re- America. It is what makes us unique. aside, to save it for something that is ferring to one of the Founding Fathers, It is because we have not established more important than what you imme- referring to the establishment clause religion. But it is not because we are diately have before you. And when I am as erecting a wall of separation be- saying people need to be free from reli- talking about gratification, I am not tween church and state. But what were gion. I think that is one of the con- talking about luxuries. I am talking they talking about? They were talking cerns I have with the tack that the about maybe simple things, maybe about certainly the country from Senator from Rhode Island was taking. very minor things in the lives of people which they came, which was England, Let me mention a couple of issues. who are low to moderate income. But which had an established church. The Again, this is the beginning of a debate deferring that to something that may Government funded the church, as that is not about this bill. I repeat, we be transformational in their lives is many European countries did histori- have taken everything having to do really something we should create in- cally, for long periods of time. Cer- with the concept of equal treatment centives to do because, again, it helps tainly prior to the Reformation, the out of this legislation. We will save people move up that ladder of success Catholic Church was intertwined very that debate for another day. But there in America. much so with the state. After the Ref- are some things in this legislation I I see a couple of my colleagues are in ormation, each reform church had its would like to address very briefly. the Chamber. I am happy to yield the own country and was funded in many I see the Senator from New Jersey. I floor for their input. cases. will not keep him long. The PRESIDING OFFICER. The Sen- People came to this country for reli- One of the items I am most excited ator from New Jersey. gious freedom. They did not want an about in this legislation is a provision Mr. LAUTENBERG. I thank my col- established religion. But even at the called individual development ac- league from Pennsylvania. time in America there were certain counts. Senator LIEBERMAN and I and Mr. DORGAN. Will the Senator from colonies that had affinities for dif- Senator FEINSTEIN and many others, New Jersey yield for a consent request? ferent religions. Maryland, for exam- who have been advocates of this legis- I ask unanimous consent that I be ple—neighboring Maryland was consid- lation for quite some time, are very ex- recognized for 10 minutes, following ered more of a Catholic colony. Penn- cited about it being part of this initia- the Senator from New Jersey, to speak sylvania was home to the Quakers—on tive. Individual development accounts on the bill. down the line. are a matched savings account for low- Mr. SANTORUM. Reserving the right There was a concern that that could income and low- to moderate-income to object, I may have a Senator on the come over here to this country, so they individuals who will have an oppor- way down to the Chamber who is try- put in this clause that we should not tunity to put up to $500 a year into a ing to fit in here. How long is the Sen- have an established religion. savings account and have that ator from New Jersey going to speak? The difference is between the con- matched, dollar for dollar, up to $500. Mr. LAUTENBERG. Less than 10 stitutional provisions that allow for So it will be $1,000 total. minutes. the free exercise of religion and the It is an exciting opportunity for Mr. SANTORUM. I have no objection. prohibition against the establishment these individuals to be able to put The PRESIDING OFFICER. Without of religion. But this is really about money aside. For what? So they can objection, it is so ordered. freedom of religion; in other words, to put it aside for three reasons: to buy a The Senator from New Jersey. practice whatever religious tenets you home, to get education, higher edu- Mr. LAUTENBERG. Once again, I want and for the government not to get cation, or, in some cases, technical thank my colleague from Pennsyl- in your way in doing so. training, vocational training, as well vania. And I assure my friend from What some are really arguing is free- as start a small business, start a busi- North Dakota, although it is not my dom from religion, which I can tell you ness. So it is a way for people to save time to give, I am happy he is going to is completely antithetical to what our for events in their lives that can trans- be recognized. Founding Fathers believed. form their future economically: better Mr. President, I want to take just a We will have this debate. I am look- education; a home, a place where they few minutes to talk about the legisla- ing forward to it because I think it is can save, invest, and build equity. tion before us, the CARE Act, and note important for the Senate, arguably the As everybody knows in this Chamber, its timeliness, because I think funda- greatest deliberative body in the world, the place where most people have the mental to a lot of good ideas is the fact to talk about these important issues. bulk of their savings is in their home, that it is time to encourage participa- The role of faith in our society is in the equity they have in their home. tion in the spirit of harmony and unity central. It is central to the success of So the opportunity for home owner- within our country. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4945 I have been struck by the fact I have their business, but they should not be He is right. You can’t take it with not heard a call for either participation able to discriminate in staffing up Gov- you. The question is, What do you do or voluntary—call it sacrifice, if you ernment programs paid for with public with the resources you develop over a will, although compared to what our dollars, tax dollars. lifetime? It seems to me you find ways young men and women are doing in The American people agree. A poll by to help other people. Iraq, nothing we are going to do here the Pew Forum on Religion and Public There is an old saying that we make looks like that much of a sacrifice—but Life found that 78 percent of Americans a living by what we get but we make a it does show good intent. To me, that oppose allowing religious groups that life by what we give. The issue of chari- is important. receive Federal funding to discriminate table giving and providing nourishment in employment. So I am pleased the sponsors of this and incentives to the notion of chari- And it is not merely a hypothetical bill, Senators LIEBERMAN and table giving is a very important im- SANTORUM, have agreed to make this problem. It is a real-life problem. In Georgia, a man named Alan York- pulse. This legislation advances that in more palatable by removing controver- a significant way. sial language that raised some con- er sent his resume to a Government- stitutional and civil rights concerns. funded faith-based program for trou- Two years ago I introduced S. 1375, The bill contains several very good bled youths. The position he sought and then, in this Congress, S. 283. I am provisions, including changes to the was paid for with taxpayer dollars. The pleased that these provisions were in- Tax Code we all hope will increase faith-based group said they were im- cluded in this legislation by the Senate charitable giving and certainly encour- pressed with his resume and called him Finance Committee. Let me describe age the spirit of charitable giving, as in for an interview. When Mr. Yorker what they are and why they are so im- well as being an incentive. arrived, he was asked to fill out an ap- portant. In addition, the bill increases funding plication form. The form asked for the The provisions in the CARE Act that for the social services block grant by name of his church. He wrote in the relate to the legislation I have intro- over $1 billion. That will restore some name of his synagogue. It also asked duced, with some of my colleagues, of the cuts that have been made in the for the name of his pastor, and he filled allow individuals to make tax-free out- program over the years. This increase in his rabbi’s name. right gifts to charities from their IRAs When he sat down for the interview, in the social services block grant fund- at age 701⁄2 and charitable life-income he was told, straight out, they don’t ing will benefit thousands of Ameri- gifts at age 591⁄2. The reason that is im- hire Jews. A former employee of the or- cans who are suffering in this economy, portant—to be able to make tax-free ganization later told Mr. Yorker they who truly need help. gifts from IRAs to charities—is they If the President’s faith-based initia- usually throw resumes with ‘‘Jewish- won’t face adverse tax consequences tive means anything, then, obviously, sounding names’’ in the trash, but they when they rollover that money from this dedication of funding for chari- did not recognize his last name as Jew- their IRAs. The detrimental tax con- table work by religious and secular ish. sequences have persuaded some that This was a taxpayer-funded job to charities confirms that is an appro- they can’t roll these assets over into a perform social service work pursuant priate thing to do; that is, to look to charity. to a Government program. And Presi- our charitable interests to firm up the dent Bush thinks maybe it is OK to I heard from a good many charities, fact we do feel some commitment to deny someone employment because when I introduced this legislation 2 commemorate the sacrifice that is they are of a different persuasion. years ago, that people frequently ask being made by so many. The administration thinks it is fine them about being able to give to a If this funding disappears in con- for a Government-funded program to charity by using their IRAs to make ference, I think it would be tragic be- tell a Catholic or a Mormon they can’t the donation itself. But many donors cause it would say, OK, if it passes the get a taxpayer-funded job simply be- decide not to make a gift from their Senate—and I certainly hope and be- cause of their religion. Well, I disagree. IRA after they are told about the po- lieve it will—and then suddenly this I think it is wrong. And I am going to tential tax consequences. Tax-free mystery hole opens up between here join my colleagues, Senators REED and charitable IRA rollovers will eliminate and the House of Representatives—and DURBIN, in fighting it during this ses- this concern completely. these things often fall in it—then it is sion of Congress. In his fiscal year 2004 budget, Presi- left to people who have a curiosity Again, I commend the sponsors of about what happened, as they say, on dent Bush proposed allowing individ- this legislation. The Senator from uals to make tax-free outright chari- the way to the other forum, when Pennsylvania did a very good job, I be- things just disappear. But it is a con- table IRA rollover distributions after lieve, in developing this legislation, for age 65. That proposal has a lot of venient sleight of hand for those who removing the controversial provisions really don’t want to support it but merit. But the approach taken in the from the bill before us. Public Good IRA Rollover Act, S. 283, don’t want to be identified with with- I hope the bill will further the good drawing their support. and that’s included in CARE Act, is su- work that faith-based and secular char- perior because it will not only allow di- So even though this bill is silent on ities do every day. While this bill civil rights issues, the President’s over- rect charitable IRA rollovers, but it moves in the right direction, the ad- will allow tax-free life-income gifts all faith-based initiative contains some ministration is on, I believe, the wrong from the IRA at age 591⁄2. That means disturbing civil rights problems. The track regarding civil rights. I hope the President has announced several poli- the assets can be donated to the char- President will reverse that course. ities, but the donor retains an income cies that I think should trouble Ameri- Mr. President, our faith should bring cans who care deeply about civil jus- stream from those assets. This ap- us together, not divide us. proach would stimulate more chari- tice and equality. I yield the floor. table giving, while comporting with The President has issued an Execu- The PRESIDING OFFICER (Ms. MUR- the federal government’s policy of en- tive order that authorizes organiza- KOWSKI). The Senator from North Da- tions that receive Federal funding to kota. couraging individuals to provide for discriminate in employment—it is Mr. DORGAN. Madam President, this and safeguard adequate resources after based on religion—for Government- is a good piece of legislation. I am retirement. This is a very important funded positions. That is not fair, it is pleased to rise in support and pleased provision that could put billions of dol- not appropriate, and I certainly don’t particularly that it is bipartisan legis- lars of additional dollars from a new think it is appropriate for faith-based lation that advances very important source to work for the public good. organizations. interests. I’m told that a senior Salvation A policy that says ‘‘Catholics need A wise old fellow from my small Army official once said that ‘‘providing not apply’’ should never, ever be funded hometown once asked me if I had ever for IRA charitable rollovers would be by the Federal Government. If a reli- seen a U-Haul hooked up to a hearse. I the single most important piece of leg- gious group wants to restrict employ- said: No. He said: Well, it goes to show islation in the history of public chari- ment with their own money, that is you, you can’t take it with you. table support in this country.’’ S4946 CONGRESSIONAL RECORD — SENATE April 8, 2003 I don’t think he necessarily under- tant is we pay for this, and we pay for troduced earlier this year—in Janu- states the proposition. Charitable giv- it with good tax policy by curbing tax ary—which is identical to the language ing is critically important. The mecha- shelters. which is in the managers’ amendment. nisms by which we incentivize and nur- There are a lot of things in this coun- The SEC Chairman, Bill Donaldson, ture charitable giving are in this legis- try that are done that make people feel is very supportive of our SEC enforce- lation and will advance the interests of good. One of those is the charitable ment legislation. I ask unanimous con- charitable giving across the country. giving that Americans do. Americans sent that a letter from the SEC Chair- Let me make another point. This leg- do a great deal of charitable giving. man supporting this provision and de- islation contains more than just that They do it because they know there is scribing it as one that will ‘‘signifi- provision. I single that provision out a need, and they know people who need cantly supplement and strengthen the simply because I have been working on help can count on others who will offer Commission’s ongoing enforcement ef- it a couple of years. it. With respect to the provision I have forts’’ be printed in the RECORD at this I ask unanimous consent to print in been working on, there is an impedi- time. the RECORD a list of principally North ment that has prevented people from There being no objection, the mate- Dakota organizations, 18 of them, that saying, I would like to roll over my rial was ordered to be printed in the have been working with me on this IRA assets to a charity and provide Record, as follows: proposition. that charity with resources it needs. U.S. SECURITIES There being no objection, the mate- To do that under present law signifi- AND EXCHANGE COMMISSION, rial was ordered to be printed in the cantly penalizes them through the Tax Washington, DC, April 2, 2003. Hon. CARL LEVIN, RECORD, as follows: Code. This legislation responds to that. Ranking Minority Member, Permanent Sub- NORTH DAKOTA & FARGO-MOORHEAD CHAR- Allen Huffman on my staff and oth- committee on Investigations, U.S. Senate, ITIES THAT HAVE ENDORSED THE CHARITABLE ers have worked together for a long Russell Senate Office Building, Washington, IRA ROLLOVER while on this particular provision of DC. 1. North Dakota State University Founda- the bill. There are other provisions DEAR SENATOR LEVIN: I want to express my tion, Fargo, ND; 2. University of North Da- that have merit as well. thanks for your recent introduction of S. 183, kota Foundation, Grand Forks, ND; 3. Beth- I thank the manager of the bill and your proposal to enhance the Commission’s any Homes, Inc., Foundation, Fargo, ND; 4. the ranking member of the committee authority to seek civil penalties for viola- Red River Zoological Society, Fargo, ND; 5. tions of the Federal securities laws, increase who bring it to the floor. When we pass the penalties the Commission may seek, and Fargo Catholic Schools, Fargo, ND; 6. Oak this—and we will—it will represent a Grove Lutheran School, Fargo, ND; 7. eliminate a procedural requirement that Meritcare Health System, Fargo, ND; 8. significant positive step toward good may slow the Commission’s efforts to trace Evangelical Lutheran Church in America, public policy. I am pleased to support and recover misappropriated investor funds. Eastern North Dakota Synod, Fargo, ND; 9. it. I support this proposal, which was pre- Red River Human Services Foundation, I yield the floor. viously reflected in a bill you introduced in the 107th Congress, to significantly supple- Fargo, ND; 10. Eventide Homes, Moorhead, The PRESIDING OFFICER. The Sen- ment and strengthen the Commission’s ongo- MN; 11. Fargo-Moorhead Community The- ator from Michigan. ing enforcement efforts. I very much appre- atre, Fargo, ND; 12. Plains Art Museum, Mr. LEVIN. Madam President, I con- ciate your steadfast dedication to supporting Fargo, ND; 13. Fargo-Moorhead Symphony, gratulate Senators SANTORUM and the work of the Commission in protecting in- Fargo, ND; 14. Village Family Service Cen- LIEBERMAN and everybody else who has vestors. ter, Fargo, ND; 15. Fargo-Moorhead Area had a voice and hand in shaping and Please do not hesitate to contact me or Foundation, Fargo, ND; 16. Foundation of crafting the CARE legislation before Stephen Cutler, Director of the Division of Grand Forks, East Grand Forks & Region, Enforcement, at (202) 942–4500 if we can be of Grand Forks, ND; 17. United Way of Fargo- us. It makes a significant contribution to the strength of volunteer organiza- any assistance in this regard. Moorhead, Fargo, ND; and18. Prairie Public Sincerely, Broadcasting, Fargo, ND. tions and charitable organizations. It WILLIAM H. DONALDSON, As of Monday, May 13, 2002. is a very significant contribution to Chairman. Mr. DORGAN. The provision in the that wonderful cause and to this won- Mr. LEVIN. Madam President, here is CARE that deals with charitable de- derful land of ours. I commend them. a description of what the Levin-Nelson ductions for non-itemizers is also very I would like to take a moment here provision would do. important. All of this coming together to highlight a provision in the man- First, the provision will grant the is legislation I am proud to support. It agers’ amendment to strengthen the SEC administrative authority to im- is a significant step for good. ability of the Securities and Exchange pose civil monetary fines on any person Let me say one additional point. In Commission to detect, investigate, and who violates Federal securities laws. order to pay for these proposals—and punish violations of Federal securities Under current law, only broker-dealers, these proposals are paid for with a rev- law. This provision has been added to investment advisers, and certain other enue portion of the bill—there are addi- the CARE Act, because we have had persons are now subject to administra- tional curbs on tax shelters. I strongly the support and we have been able to tive fines by the SEC. Our legislation support that as a matter of good tax utilize the efforts of the managers of will allow the SEC to impose adminis- policy. Last year, former IRS Commis- this bill, Senators GRASSLEY and BAU- trative fines on anyone who violates sioner Rossetti told Congress: CUS, and of the chairman and ranking Federal securities law, including, for Nothing undermines confidence in the tax member of the Banking Committee, example, corporate officers, directors, system more than the impression that the Senators SHELBY and SARBANES. This is auditors, lawyers, or publicly traded average honest taxpayer has to pay his or an effort that Senator BILL NELSON and companies, none of whom are now sub- her taxes while more wealthy or unscrupu- I and others have been involved in for ject to being fined by the SEC in ad- lous taxpayers are allowed to get away with some time. Now it will come to fru- ministrative proceedings. These fines, not paying. ition, at least in the Senate, tomorrow of course, would be subject to judicial He is correct. What we have seen, when we adopt this legislation, includ- review, as are all SEC administrative with front-page stories in journals and ing the managers’ amendment. determinations. technical publications, as well as I also thank the Securities and Ex- Last year, the Permanent Sub- major daily newspapers, is the growth change Commission for its assistance committee on Investigations, which I of abusive tax shelters. Shutting those in crafting this legislation and for the then chaired, conducted an extensive down makes a lot of sense. I don’t be- agency’s support of our efforts to enact investigation into the collapse of lieve that there is a provision in this it into law. Senator BILL NELSON and I Enron. As a result of that investiga- bill that deals with the issue of moving and others have been working on this tion, the Subcommittee determined corporate headquarters overseas and addition to the SEC enforcement pow- that Enron’s board of directors and of- renouncing your U.S. citizenship in ers for a long time. We are very grate- ficers and certain major financial insti- order to save on taxes. But that is an- ful to all those who have worked with tutions assisted Enron in carrying out other piece we ought to do as well. us, including Senators CORZINE and deceptive accounting transactions and I simply make the point that the BIDEN who cosponsored the SEC Civil other abuses that misled investors and other piece of this bill that is impor- Enforcement Act, S. 183, which we in- analysts about the company’s finances. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4947 The Subcommittee’s last Enron hear- Under current law, the SEC either has There being no objection, the mate- ing in December also highlighted the to give the subject advance notice of rial was ordered to be printed in the fact that the SEC is in need of addi- the subpoena or spend precious time RECORD, as follows: tional tools to deal with the individ- seeking to obtain a court order to U.S. SECURITIES AND uals and entities that participated in delay notification. EXCHANGE COMMISSION, Enron’s deceptive accounting or tax Cases we are seeing today involve al- Washington, DC, August 30, 2002. strategies. Our legislation would give legations of persons using offshore ac- Hon. CARL LEVIN, to the SEC new authority to impose an counts to move millions of dollars or Chairman, Permanent Subcommittee on Inves- administrative fine on anyone who vio- tigations, U.S. Senate, Russell Senate Office engage in complex transactions that Building, Washington, DC. lates the Federal security laws—not materially affect the financial state- DEAR CHAIRMAN LEVIN: This letter re- just broker-dealers or investment ad- ments and tax returns of publicly trad- sponds to your letter of August 9th, seeking visers, but also corporate directors or ed companies in the United States. The my views on your proposal to enhance the officers, employees, bankers, lawyers, SEC must be able to look at financial Commissions’ authority to seek civil pen- auditors, law firms, accounting firms, records quickly without giving the sub- alties for violations of the federal securities corporations, financial institutions, laws, increase the penalties the Commission ject of the inquiry an opportunity to may seek, and eliminate a procedural re- partnerships, and trusts. move funds, change accounts, or fur- quirement that may slow the Commission’s Second, the provision will signifi- ther muddy the investigative waters. efforts to trace and recover misappropriated cantly increase the maximum civil ad- This authority is particularly impor- investor funds. ministrative fine that the SEC is able tant in light of the Patriot Act of 2001, The three additional enforcement tools to impose on persons who violate Fed- which for the first time requires securi- you contemplate reflect recommendations we have made previously in an effort to fa- eral securities laws. The civil adminis- ties firms to detect and report possible trative fines that the SEC is currently cilitate our goal of achieving ‘‘real-time en- money laundering through U.S. securi- forcement.’’ Especially in light of recent authorized to impose have statutory ties accounts. The SEC cannot be ex- events, I believe these proposals would en- maximums that, depending upon the pected to effectively monitor these hance our efforts and the interest of inves- nature of the securities law violation, anti-money laundering efforts or act tors. As you know, during this Congressional range from a maximum of $6,500 to a quickly to trace possible terrorist fi- session, with the bipartisan support of Con- maximum of $600,000 per violation. nancing or other suspicious financial gress and the Administration, the Commis- sion already has been given, and has begun Again, the particular amount depends conduct if, as is the case now, the SEC upon the nature of the violation. In a to implement, greater authority to pursue must provide advance notice to inves- and punish corporate wrongdoers and en- day and age when some CEOs make tigative subjects or obtain court orders hance corporate accountability. The addi- $100 million in a single year, and a granting delayed notification. No Fed- tional authority about which you inquire company like Enron can report gross eral banking agency operates under would be a welcome addition to our enforce- revenues of $100 billion in a single year, these types of constraints in its anti- ment arsenal, if the proposals achieve bipar- a civil fine with a maximum of $6,500 is money laundering efforts, and there is tisan support. laughable. Here is what one SEC staff Again, thank you for your interest in no reason why the SEC should. Our strengthening penalties for securities fraud stated about the current maximums in provision would modernize the SEC’s violations. Please do not hesitate to contact a document dated June 2002, and this oversight authority and bring it into me or Stephen Cutler, Director of the Divi- explains why the agency is supporting alignment with the Federal banking sion of Enforcement, at (202) 942–4500 if we our legislation: agencies. can be of further assistance. The current maximum penalty amounts Last year, the Sarbanes-Oxley law Yours truly, may not have the desired deterrent effect on strengthened law enforcement and HARVEY L. PITT. an individual or corporate violator. For ex- stiffened penalties for Federal securi- Mr. LEVIN. Madam President, I ample, an individual who commits a neg- ties crimes. By enacting the Levin-Nel- thank the managers and all the other ligent act is subject to a maximum penalty persons who worked with us to get this of $6,500 per violation. This amount is so son provision this year, Congress would help put some teeth into SEC enforce- legislation included in the managers’ trivial it cannot possibly have a deterrent ef- amendment and, hopefully, passed to- fect on the violator. ment on the civil side. We originally offered this legislation as an amend- morrow. Our provision would increase the Mr. SARBANES. Madam President, I ment to the Senate bill that resulted in civil fine maximums from a range of a rise in support of the Levin-Nelson pro- the Sarbanes-Oxley Act, but were un- maximum of $6,500 to a maximum of vision included in the managers’ able to obtain a vote before time ran $600,000 per violation, depending on the amendment to the CARE Act of 2003. out. That is why we are back. nature of the securities law violation, This provision, the SEC Civil Enforce- to a range that goes from a maximum Investor confidence in U.S. capital ment Act, will strengthen the Securi- of $100,000 to a maximum of $2 million markets has not been fully restored, ties and Exchange Commission’s au- per violation. At a time when we are and Congress needs to provide strong thority to prosecute securities fraud seeing corporate restatements and mis- leadership to assure U.S. investors that violations and augment investor pro- conduct involving billions of dollars, their interests are protected. A vig- tection. Senator LEVIN is to be com- these larger fines are critical if the orous SEC that can act quickly to im- mended for his unwavering advocacy fines are to have an effective deterrent pose civil fines on those who violate on behalf of investors and his role in or punitive impact on wrongdoers. Federal securities laws can help restore ensuring that our capital markets re- Third, the Levin-Nelson provision investor confidence in the effectiveness tain their reputation as being the fair- would grant the SEC new administra- of U.S. securities laws and capital mar- est, most efficient, and most trans- tive authority, when the SEC has kets. In addition, since many securities parent in the world. opened an official SEC investigation, violations warrant civil rather than The Levin-Nelson provision has the to subpoena financial records from a fi- criminal treatment, strengthening the full support of the SEC Chairman, Wil- nancial institution without having to SEC’s civil enforcement authority liam Donaldson, and it has been sup- notify the subject that such a records would help streamline the available ported by the full Commission and by request has been made, thereby bring- civil enforcement options and give the former SEC Chairman, Harvey Pitt, ing the SEC’s subpoena authority into SEC better tools to fashion appropriate who remarked that this provision alignment with the subpoena authority civil penalties. would promote the SEC’s goal of of Federal banking agencies like the Again, I thank my colleagues for sup- achieving ‘‘real-time enforcement.’’ Federal Reserve and the Office of the porting this provision. The legislation has been sought by the Comptroller of the Currency. This au- Madam President, I ask unanimous SEC’s Enforcement Division because it thority would allow the SEC to trace consent that a letter from the former will eliminate inefficiency, provide the funds, evaluate financial transactions, Chairman of the SEC, Harvey Pitt, SEC with additional flexibility, and and analyze financial relationships dated August 30, 2002, also endorsing strengthen the Commission’s ability to without having to alert the subject of this legislation be printed in the hold securities law violators account- an investigation to the SEC’s inquiry. RECORD at this time. able for their actions. S4948 CONGRESSIONAL RECORD — SENATE April 8, 2003 The SEC Civil Enforcement Act ef- taurants and businesses that make do- This legislation also increases the fectively complements the statutory nations of food to charitable organiza- funding for the social services block framework created by the Public Com- tions. For some two decades, my wife grant. That supplies States with re- pany Accounting Reform and Investor Grace and I have been working with or- sources to support a variety of social Protection Act of 2002—the ‘‘Sarbanes- ganizations to distribute food to the services. These funds can be used to as- Oxley Act.’’ Against the backdrop of a hungry. One such organization is back sist the elderly and disabled so they do series of corporate scandals and a se- in our State of Florida. It is actually a not need to enter institutions. Those vere drop in investor confidence last part of our State Department of Agri- funds can also be used to prevent child year, the Sarbanes-Oxley Act sought to culture. Its name is Farm Share. What and elder abuse and to prevent things take steps to ensure investors that cor- it operates on is the original concept of that go on that we read about in the porate executives and financial reports gleaning, which was a biblical concept. newspaper that we shudder at in regard are trustworthy, accountants and ana- In biblical times it was their social se- to the care of our elderly. These funds lysts independent, and that the SEC curity system. When the farmers would can be used to provide child care, to has adequate resources and enforce- go in and harvest the field, they would promote and support adoption, and ment authority to fulfill its mandate. leave the rest of the crop so that then many other purposes. In its continuing, ‘‘real-time’’ inves- the poor people could come into the By creating tax incentives for chari- tigation into accounting irregularities field and harvest the remaining crop, table contributions we can help sup- at HealthSouth Corp., the Commission called gleaning; that was their way to port and give incentives to the natural has put these new powers to work. As support those least fortunate in the so- instincts of the American people, The Wall Street Journal of April 4 ciety of the day. which are to be generous, to give. When When you take that ancient concept noted, ‘‘the HealthSouth inquiry has they do, faith-based and community or- and bring it forward to today, look at already netted eight criminal convic- ganizations can pass on the gains to a all the crops that are wasted. So this tions, accomplishing in just weeks community. concept of Farm Share, a part of our We know that faith-based groups are what might have stretched across State Department of Agriculture, al- doing good work all over the country, months or even years in the past.’’ though not going directly into the and their work is already being funded The Levin-Nelson provision will sig- field, what we find is enormous by Federal dollars because they are nificantly buttress the SEC’s enforce- amounts of edible food wasted in the running programs that work to better ment efforts in this area. I urge enact- distribution process—in the collection, ment of the provision to further pro- in the actual harvesting, then at the people’s lives. These faith-based groups tect securities investors and help as- packinghouse and the rest of the dis- operate soup kitchens, they run home- sure the U.S. capital markets remain tribution process. less shelters, and they rehabilitate the envy of the world. So what Farm Share does is go to the drug users. Our Nation already funds The PRESIDING OFFICER. Who packinghouse where tomatoes, for ex- many of these programs. I have seen yields time? ample, a winter crop in south Florida, these programs all over Florida. I have Mr. SANTORUM. Madam President, I might have a blemish on them. They seen them here in Washington, DC. suggest the absence of a quorum. are completely edible, but they might Anyone would be amazed just a stone’s The PRESIDING OFFICER. The not be marketable for that particular throw from where we are in the U.S. clerk will call the roll. company buying those tomatoes. Or a Capitol at the kinds of programs going The assistant legislative clerk pro- company that uses a lot of tomatoes, on in the inner city to feed the poor ceeded to call the roll. such as McDonald’s Corporation, wants and minister to the least privileged in Mr. NELSON of Florida Mr. Presi- a tomato of a certain size. So the to- society. dent, I ask unanimous consent that the matoes that are not that size are dis- Lives have been changed. I have seen order for the quorum call be rescinded. carded. But it is good food that is going cities, particularly the inner cities, The PRESIDING OFFICER (Mr. FITZ- to waste. It is a form of gleaning, to being transformed from neglect to re- GERALD). Without objection, it is so or- save that, to have it packaged, and spect. dered. then ready for distribution. This legislation is all about grass- Mr. NELSON of Florida. Mr. Presi- When my wife and I announce a dis- roots change, change from the ground dent, I wish to talk about the CARE tribution and we reach out to all the up, by people who are close to the prob- Act. I rise to speak in favor of the soup kitchens and reach out to the lems and who care enough to take up Charity Aid Recovery and Empower- churches that are so effective through- the challenge. ment Act, or the CARE Act. out the communities in distributing I have cosponsored this legislation As the Senate is considering this leg- food to the poor, when we send word before. I am going to continue to work islation, it is important to remember out that the next morning there is with our colleagues to try to find ways both Republicans and Democrats have going to be a distribution of food, and to help those who help others. cosponsored the CARE Act. This re- you arrive the next morning, there is a This is one way. As we have been flects the bipartisan spirit of this legis- lump in your throat to suddenly see considering this emergency funding lation which out of this legislative cal- the lines of hundreds of hungry people bill that we just passed and that is now dron was created by compromise, and in America; that they are so grateful, in the conference committee, I thank we had last year as the goal of increas- so orderly, so polite, and so thankful the Senate for increasing the food aid. ing charitable giving and helping the for the food that is going to be distrib- Back earlier when we were considering needy. uted. legislation, the task fell to me to in- In light of the uncertain economy, It is not unusual I would come as a crease the appropriation with regard to charities across the Nation are serving cosponsor of this act and be very food aid, particularly destined for Afri- the needs of more people with fewer re- thankful that the Senate is considering ca, where they are experiencing an- sources. This particular legislation is it. It looks as if we have our differences other enormous drought which has an opportunity to encourage Ameri- worked out, and we are going to be able caused a great deal of famine and cans to help their neighbors, commu- to pass it. This new legislation is more death. The United States is a generous nity, and their country by giving. By than just tax provisions. Individual de- country. So, too, from our generosity, extending the charitable contribution velopment accounts are also expanded when we see a problem such as that, we deduction for 86 million Americans who in this legislation. These IDAs are spe- want to try to take care of it. do not itemize their tax returns, and cial savings accounts that offer match- We passed a level of increased food allowing people to make charitable ing contributions from participating aid here at $500 million. It was watered contributions from their individual de- banks or community organizations. down in conference to $250 million. A velopment accounts, IDAs, this legisla- This innovative program encourages lot of that money was squirreled away tion creates incentives for giving to low-income families to build assets and from Africa to meet the food needs charity. proposes reduced costs for banks and there will be in Iraq. Because of that, a This legislation also provides an en- community organizations that offer few nights ago on this floor we agreed hanced charitable deduction for res- the IDAs. to an amendment to the emergency April 8, 2003 CONGRESSIONAL RECORD — SENATE S4949 supplemental appropriations bill that The hours that have been suggested tion—which said that if at least 10,000 would have an additional $600 million by my friend from Utah I appreciate people sign a petition, the issues in to go for emergency food assistance. very much, but there are productive that petition are then brought to the That will then be able to get to Africa things that could be done during those national assembly for action. Not only with all of its famine that is ravaging 10 hours, including the approval of did 10,000 brave, courageous Cuban the land. more judges. There could be at the end souls sign that petition, but over 11,000 It is my hope, as the Appropriations of this week 120 judges instead of 116. did. It called for actions that you and Committees are meeting in conference I object. I take for granted. right now on the emergency supple- The PRESIDING OFFICER. Objec- It called for freedom of speech, free- mental to determine the final outcome, tion is heard. dom of the press, release of political that they will honor all those images Mr. BENNETT. Mr. President, I ask prisoners, and a free enterprise econ- they have seen on television of starv- if any number of hours would be suffi- omy. It called for them to be brought ing children and they will not reduce cient for the Senator from Nevada. before the Cuban National Assembly. that $600 million very much. Mr. REID. Speaking for the Senator The Varela Project embodies the It is with this spirit of thanks, of hu- from Nevada, there is not a number in principles upon which all the world mility, and thanksgiving that I come the universe that would be sufficient. agrees: the right of the Cuban people to to speak on behalf of this legislation f petition their government for civil and and to thank the Senate and the many human rights, including free and fair MORNING BUSINESS participants here who have worked out elections. all the kinks in this legislation so we Mr. BENNETT. Mr. President, I ask The leader of this project, Oswaldo could pass it in a unanimous fashion. unanimous consent that the Senate Paya, has continued to advance this I yield the floor. proceed to a period for morning busi- important project at great risk to him- The PRESIDING OFFICER. The Sen- ness. self, his family, and his associates. ator from Utah. The PRESIDING OFFICER. Without In May of 2002, Oswaldo Paya led a f objection, it is so ordered. group of Cuban citizens who delivered f exactly 11,020 verified signatures to the UNANIMOUS CONSENT REQUEST— Cuban National Assembly supporting CUBAN OPPRESSION NOMINATION OF PRISCILLA OWEN that referendum on civil liberties and Mr. BENNETT. Mr. President, as in Mr. NELSON of Florida. Mr. Presi- all of the issues I have mentioned. executive session, I ask unanimous dent, I wish to call the attention of the These are basic rights to which any- consent that there be an additional 6 Senate to the important events hap- one is entitled. Recent reports indicate hours for debate on the Owen nomina- pening right now in the island nation that the Varela network has been espe- tion, provided further that the time be of Cuba. Over the past several weeks, cially targeted in this crackdown by equally divided between the chairman Fidel Castro has been rounding up de- Fidel Castro. I take us back to last and ranking member of the Judiciary mocracy activists, independent jour- year, realizing the courageous effort by Committee, or their designees, and nalists, librarians, and signers of the Senor Paya and the signers of that pe- that following the conclusion of that Varela Project and throwing them in tition. time, the Senate proceed to a vote on jail. I sponsored and this Senate adopted the confirmation of the nomination, Fidel Castro has used the world’s the resolution 87 to 0, with the help of with no intervening action or debate. focus on the war in Iraq to divert at- other supporters of the resolution, Sen- The PRESIDING OFFICER. The Sen- tention in order for him to brutally ator DODD and Senator Helms. That ator from Nevada. crack down and further oppress Cubans resolution commended the Varela Mr. REID. Reserving the right to ob- who yearn for freedom. It has been dif- Project and Oswaldo Paya. It was an ject, we on this side are perplexed. We ficult to get the exact number, but we early step to providing international have indicated to the majority leader think it is approximately 80 Cubans attention and support to Mr. Paya and that there are at least three circuit who have been arrested. Yesterday, a those who signed on to the Varela judges who, with just a little bit of number of those activists who had been Project. work, could be approved this week. The arrested were sentenced to terms of 15 The resolution that was adopted last average during the Clinton 8 years was to 25 years—if you can believe that—on year 87 to 0 was obviously bipartisan, eight circuit judges a year. If the three charges of ‘‘undermining the socialist and the resolution that was just adopt- were approved, that would be five al- state.’’ It is reported that at least 11 of ed last night is similarly bipartisan ready by Easter. those could get life sentences, and at and builds on that previous consensus One of those is Edward C. Prado of least one could get the death penalty. and highlights that upon which we can the Fifth Circuit. They could go to I take the floor of the Senate to call all agree. What is that? that tomorrow—tonight. So we believe to its attention that last night the The resolution that was adopted last there is more here than meets the eye. Senate passed S. Res. 97, a resolution night condemns the recent arrest and There are three circuit judges who are introduced by this Senator from Flor- other intimidation tactics against de- available with just a little bit of work. ida and cosponsored by the junior Sen- mocracy activists by the Castro re- This has all been discussed with the ator from Virginia, Mr. ALLEN. The res- gime, and it calls on the Cuban Govern- majority leader. olution passed the Senate unani- ment to immediately release those im- So for these and many other reasons, mously. It condemns these actions, and prisoned during the most recent crack- I object. it calls for the release of the prisoners down for the acts that the Government The PRESIDING OFFICER. Objec- of conscience in Cuba. of Cuba wrongly deems ‘‘subversive, tion is heard. Why did the Senate want to take a counter revolutionary, and provoca- Mr. BENNETT. Mr. President, I mod- stand, and why do we want to bring tive.’’ ify the request to 10 additional hours. further attention to this other than The resolution adopted last night The PRESIDING OFFICER. Is there has already been in the Nation’s news- also reaffirms S. Res. 272, the Varela objection? papers, pointing out that under the Project resolution, that the Senate Mr. REID. Yes. Mr. President, reserv- cloak of the world’s attention being di- unanimously agreed upon last year, ing the right to object, we have ap- verted to Iraq, Fidel Castro has started which calls for, among other things, proved, during the time President Bush this crackdown and these arrests and amnesty for all political prisoners. The has been President, 116 judges. Two these sentences, even possibly a death resolution we adopted last night have been turned down—116 to 2. One of sentence? Well, it goes back to the fact praises the bravery of those Cubans those who was turned down is back. that the Cuban Government does not who, because they had simply practiced Owen is back. This would be the first like the world’s attention that has free speech and signed the Varela time in the history of this country that been brought to the courageous 11,000 Project petition, have now been tar- a judge who has been turned down is people who signed the petition under geted in this most recent government back and would be approved. the Cuban law—the Cuban Constitu- crackdown. S4950 CONGRESSIONAL RECORD — SENATE April 8, 2003 The resolution we adopted last night an extraordinary leader in this area them against the harms that come out urges the President to demand the im- over the years, when he was in State of hate. The Local Law Enforcement mediate release of all the prisoners and government in Florida, when he was in Enhancement Act is a symbol that can to take all appropriate steps to secure the House of Representatives, and as a become substance. I believe that by their immediate release. Senator—he has been such an extraor- passing this legislation and changing I wish to say this to those with whom dinary leader. I hope he knows, no mat- current law, we can change hearts and we have contact from time to time rep- ter how one might feel about our over- minds as well. resenting the Cuban Government: We all relations with Cuba, no American f in the Senate are watching. We are not should find justifiable the silence of WORLD HEALTH DAY going to let Fidel Castro get away with those who simply wish to speak to these kinds of actions. And we are basic human freedoms, basic human Mr. SARBANES. Mr. President, since going to keep the glare of the public rights—the right of speech, the right of 1948 the nations of the world have cele- spotlight and the glare of world view in religion. These are issues that, from brated April 7 as World Health Day. the international community on this the time of Thomas Jefferson, Ben- Yesterday marked this day, which kind of thuggery. We are going to call jamin Franklin, John Adams, and serves two important and related pur- him to account in the name of human George Washington, we have enun- poses. It focuses world attention on a dignity and freedom because even in ciated in this country, but I do not specific international health issue that in the judgment of the World Health Cuba people are endowed by their Cre- know any country that can claim any Organization, WHO, poses immediate ator with certain unalienable rights, form of democracy and freedom that and urgent problems. Further, it is a among these life, liberty, and the pur- would feel that way. I commend my platform for marshaling resources to suit of happiness. friend. I hope others will listen to him. address this issue, through programs I specifically thank our Foreign Re- I hope 90 miles from his home State that will continue long after the day lations Committee which absolutely that it will be heard as strongly as it ends. whizzed this resolution through the was heard on the floor of the Senate. I commend him. In years past World Health Day has committee, our committee chairman, focused on such crucial matters as the Senator LUGAR, and our ranking mem- Mr. NELSON of Florida. Will the Senator yield? global eradication of polio and emerg- ber, Senator BIDEN. I thank the sub- ing infectious diseases. This year’s committee chairman, Senator COLE- Mr. LEAHY. Of course. Mr. NELSON of Florida. Mr. Presi- theme is broad: ‘‘Healthy Environ- MAN. I thank my cosponsor, Senator dent, I wish to say how much I appre- ments for Children,’’ and it has never ALLEN. I thank our ranking member of ciate the comments of the Senator. been more timely. While we have made the Western Hemisphere Sub- Here is a great example of two Sen- great progress in the treatment of in- committee, Senator DODD. All of them ators representing two different parts fant diarrhea, typhoid, typhus, cholera, gave the green light and speeded this of the country, at the end of the day, yellow fever, malaria, dengue fever, process. and other environment-based diseases, I am going to continue to seek com- we have the same conclusion—what we want is freedom for that island. That access to treatment is limited or non- mon ground with my colleagues as we existent in many parts of the world. As seek to support the Cuban people in island is the jewel of the Caribbean. Once freedom comes to that island, it a result, every year more than 5 mil- their struggle for freedom. I hope with lion children—the most vulnerable this resolution having just been adopt- will economically blossom and prosper. That island has so much rich history members of society—die before reach- ed that the administration will pursue ing the age of 14. When war or civil a similar resolution of condemnation and such a beautiful culture. The Senator has pointed out that al- conflict disrupts life, the danger of in- in the United Nations, and that the ad- though we might have a difference of fection rises, as it does among those ministration will seek immediate opinion about topics such as an eco- living in refugee camps. But there is no international support to secure the re- nomic embargo, at the end of the day escaping the risk anywhere that water lease of these and all freedom-loving what we earnestly want is change. We is contaminated, food unsafe, air pol- Cubans who have been wrongly jailed want the winds of change to blow, and luted, and sanitation systems unreli- because it is only through the constant blow very hard and rapidly so that able. Children fall ill in the very places and sustained recognition of this issue freedom can come to Cuba. where they live. that our chances will be improved of I thank the Senator for yielding. From our experience in treating in- creating forces of change on that long- f fant diarrhea we know that treatment suffering island. can be effective and efficient. Every Mr. President, I yield the floor. LOCAL LAW ENFORCEMENT ACT year, 1.3 million children die of diar- The PRESIDING OFFICER. The Sen- OF 2001 rhea often resulting from lack of ac- ator from Vermont. Mr. SMITH. Mr. President, I rise cess to safe drinking water or con- Mr. LEAHY. Mr. President, while the today to speak about the need for hate suming dirty food. These deaths are distinguished Senator from Florida is crimes legislation. In the last Congress preventable. If a child has diarrhea, a still in the Chamber, I wish to thank Senator KENNEDY and I introduced the simple and effective sugar-and-salt so- him for his impassioned comments. I Local Law Enforcement Act, a bill that lution called oral rehydration can treat am going to be speaking later this would add new categories to current severe loss of fluids in the body. The week on this same subject. I am one hate crimes law, sending a signal that cost is minimal: just under 30 cents per who, for a number of reasons—geo- violence of any kind is unacceptable in child—this low-technology solution can politically, strategically, and economi- our society. save these children’s lives. This year’s cally—have not supported the current I would like to describe a terrible World Health Day is a call to redouble embargo on Cuba. I am, however—and I crime that occurred September 16, in our efforts not only to treat environ- feel proud—as Vermonters say, I bow New York, NY. An Arab-American man ment-based diseases where they occur, to nobody on the question of human was attacked in the bathroom of a su- but especially to eliminate the condi- rights on this floor. permarket by one of the store’s em- tions where they are bred. It can be I met with Mr. Castro in Havana a ployees. The teenage attacker called done. couple years ago at a time when there the man an ‘‘Arab terrorist’’ before As the grave respiratory infection was another crackdown of dissidents. I slamming his head into the steel door known as severe acute respiratory syn- told him specifically what I felt about of the men’s room. The victim was drome, or SARS, appears to be spread- that in very strong words. He obviously knocked unconscious for a brief time ing rapidly, World Health Day is also disagreed with me, but I felt as an and, when he left the lavatory, his as- an appropriate time to consider the American in Cuba, it would be wrong sailant and several other employees vital role that the World Health Orga- for me not to express such a view. laughed at him and refused him any nization plays in our interconnected I will follow with a speech later this aid. world, where mobility literally gives week on Cuba, but I hope my good I believe that Government’s first wings to life-threatening diseases. To- friend from Florida, who has been such duty is to defend its citizens, to defend day’s New York Times documents the April 8, 2003 CONGRESSIONAL RECORD — SENATE S4951 spread of SARS, under a headline read- story, ‘‘Disease’s Pioneer Is Mourned If not for the intuition of Dr. Urbani, direc- ing ‘‘Fear Reigns as Dangerous Mys- as a Victim,’’ printed in the CONGRES- tor of infectious diseases for the Western Pa- tery Illness Spreads.’’ SARS appar- SIONAL RECORD. cific Region of the World Health Organiza- ently first appeared in China last No- The PRESIDING OFFICER. Without tion, the disease would have spread farther objection, it is so ordered. and faster than it has, public health officials vember. In February, when the Chinese around the world say. Government began reporting cases to (See exhibit 1.) It was a tricky call. There is nothing as WHO, the organization undertook a Mr. SARBANES. SARS is only the telltale about the disease as the bleeding of major international tracking effort, most recent of the many international a hemorrhagic fever or the bumps of a pox, and on March 15 WHO took what the health emergencies that WHO has and its symptoms mimic other respiratory New York Times describes as ‘‘the faced. In the complex effort to reduce conditions. highly unusual step of issuing the glob- the spread of HIV/AIDS, WHO also Dr. Urbani, 46, died on March 29, a month al health alert.’’ Just last week the plays an important part. It is esti- after seeing his first case and 18 days after mated that of the roughly 750,000 new realizing he was coming down with the Chinese Government permitted a WHO symptoms himself. team to begin work on location, in the HIV cases in children each year, more ‘‘Carlo’s death was the most coherent and southern Chinese city of Guanzhou, than 400,000 could be prevented by eloquent epilogue his life could produce,’’ where the infection rate is very high. treating the most common route of in- said Nicoletta Dentico, a friend from the WHO has also created a network of in- fection, mother-to-child transmission, Italian chapter of Me´decins Sans Frontie`res, fections-disease laboratories in coun- (MTCT). As in the case of infant diar- or Doctors Without Borders, which Dr. tries around the globe, and the truly rhea, we know that simple, cheap and Urbani once headed. ‘‘His death was as a effective interventions are available. giver of new life.’’ extraordinary work undertaken in And it was in keeping with his medical phi- these laboratories has led to the ten- The drug nevirapine, for example, re- losophy. When Dr. Urbani spoke in 1999 at tative identification of the infectious duces the likelihood of transmission of the ceremony in which Doctors Without Bor- agent. This marks a tremendous step HIV from a mother to her newborn by ders accepted the Nobel Peace Prize, he de- in dealing with the intensifying threat up to 47 percent. It is administered in scribed doctors’ duty ‘‘to stay close to the to world health that SARS poses. Ac- a single dose to the mother at the victims.’’ ‘‘It’s possible to study an epidemic cording to the New York Times, SARS onset of labor and in a single dose to with a computer or to go to patients and see ‘‘has become an international epi- the baby in its first 3 days after deliv- how it is in them,’’ said Dr. William Claus, ery. The intervention costs less than the group’s emergency coordinator for Asia. demic,’’ and WHO is instrumental in ‘‘Carlo was in the second category.’’ organizing the international response. $4, and the drug is now available at In Italy, he had pushed the organization It is not just that WHO provides the minimal or no cost in most countries into working with the poorest of the poor, administrative framework for a coordi- where poverty levels are high and re- with Gypsies in Rome and with African and nated response to health issues; its per- sources scarce. The use of nevirapine to Albanian boat people who were landing in sonnel are on the front lines in every address MTCT is based on the work and Sicily and Calabria. effort to keep diseases from spreading recommendations from WHO. Even as a student, said Fabio Badiali, a childhood friend who is now mayor of and in treating the victims. For the There is hardly any country, no mat- ter how well guarded its borders, which Castelplanio, their hometown on the Adri- most part we do not know their names, atic Coast, he had been a volunteer, orga- but we do know that they have dedi- can be confident of remaining immune nizing groups to take the handicapped on cated their skill and even their lives to from the urgent health problems that countryside picnics. As a family doctor, he WHO’s mission. beset the world. In fact, for more than had taken vacations in Africa, traveling with A WHO physician—Dr. Carlo Urbani, half a century the World Health Orga- a backpack full of medicine. Director of Infectious Diseases in the nization has served us well. Most re- He had accepted the W.H.O. post, friends Western Pacific Region for WHO—was cently, as SARS has spread WHO has said, because he wanted to be back in the the first to recognize SARS as a new stepped into the breach, collecting and third world and working with patients. It was that instinct that took him to the bed- and deadly disease. He threw himself disseminating information and facili- side of Johnny Chen, an American business- into the fight to control the disease tating an international response. In man who entered Vietnam-France Hospital when he saw his first case, in Vietnam, oral rehydration and MTCT projects, in Hanoi on Feb. 26 with flulike symptoms. persuading the government to adopt in- we have seen how effectively WHO can Dr. Urbani might not have been an obvious fection-control and isolation proce- intervene. We must respond vigorously, choice as a consultant in Mr. Chen’s case. In dures. He is credited, said the New therefore, as WHO calls on us on World his heart, friends said, he was ‘‘a worm guy,’’ York Times, with ‘‘shutting down Viet- Health Day 2003 to confront and van- a specialist in parasites. ‘‘Other people didn’t think worms were nam’s first outbreak,’’ and he was the quish the environmental causes that sexy,’’ said Dr. Kevin L. Palmer, W.H.O.’s re- first to alert the international medical bring unnecessary illness and death to gional specialist in parasitic diseases and a community to the danger. Within millions of the world’s children every friend. ‘‘but it’s a really basic problem for weeks of his first intervention with a year. WHO is working to turn this every child in the tropics.’’ patient, however, he was infected. His year’s initiative into an effective glob- Dr. Urbani was an expert in Schistosoma heroic efforts cost him his life. al alliance, to bring to local commu- mekongi in Vietnam, in the food-borne nem- Dr. Urbani’s medical specialty was nities the resources necessary to raise atodes and trematodes of Laos and Cambodia worms—nematodes, trematodes, and the hookworms of the Maldives. the health standards of children most Dr. Lorenzo Savioli, who worked with Dr. hookworms and other parasites, which at risk, and thereby transform their Urbani in the Maldives, said they worked are, in the words of his WHO colleague, lives. The benefits from these efforts from sunup to sundown, ignoring the famous Dr. Kevin Palmer, ‘‘a really basic prob- will surely ripple outwards: to families, beaches and reefs, tracking hookworm epide- lem for every child in the tropics.’’ He to communities, and indirectly to us miology and training workers at a malaria knew how much damage these all. By supporting WHO we can, and we control laboratory, who were used to work- parasites do, and also how relatively should, make a difference. ing with blood, in testing for worms. Over rice and fish in the evenings, Dr. Savioli little it would take to eliminate this [From The New York Times, April 8, 2003.] scourge: a 3-cent pill given twice year- said, they had joked, ‘‘Nobody at head- DISEASE’S PIONEER IS MOURNED AS A VICTIM quarters was going to believe we were spend- ly to schoolchildren. His own efforts (By Donald G. McNeil, Jr.) ing our days in the Maldives over fecal sam- fell squarely within the broader cam- When the microbe that causes severe acute ples.’’ paign to create ‘‘healthy environments respiratory syndrome is finally isolated, Dr. Urbani was a worm zealot, Dr. Palmer for children.’’ At the time of his death some people will know what to call it. They said, because they did so much damage but he was working to secure the coopera- want a Latin variation on Carlo Urbani’s could be so easily treated. For example, he tion of school systems throughout name. said, a 3-cent pill administered to school- southeastern Asia. If SARS was an infectious cloud blowing children twice a year could rid them of most An eloquent account of Dr. Urbani’s out of southern China, Dr. Urbani was the intestinal worms. Dr. Urbani was working to canary in its path. Working in a hospital in have school systems in southeastern Asia co- career in medicine and his tragic, too- Hanoi, Vietnam, as a mysterious pneumonia operate. early death appears in the today’s edi- felled one nurse after another, he sang out He also attacked a worm that lived on fish tion of the New York Times. I ask the first warning of the danger, saw the farms. He could not get Cambodians and unanimous consent to have the entire world awaken to his call—and then died. Laotians to give up eating undercooked fish, S4952 CONGRESSIONAL RECORD — SENATE April 8, 2003 Dr. Palmer said, but he hoped to solve the husband knew the risks. ‘‘He said he had cultural products. With that in mind, problem by teaching fish farmers to divert done it other times,’’ she recalled, ‘‘that the Foreign Agricultural Service, FAS, sewage from their ponds. there was no need to be selfish, that we must was created to represent American ag- He was also testing the use of a veterinary think of others.’’ ricultural interests worldwide. drug to kill worm larvae that can reach But on March 11, as he headed to Bangkok human brains and cause seizures. for a conference on deworming school- During the past 50 years, the employ- And, said Daniel Berman, a director of the children, he started feeling feverish and ees of FAS, working in coordination Doctors Without Borders campaign for called Dr. Brudon. ‘‘He was exhausted, and I with partners in the agricultural com- cheaper lifesaving drugs, Dr. Urbani was was sure it was because he had had a lot of munity and other U.S. international pushing Vietnamese farmers to grow more stress,’’ Dr. Brudon said later. ‘‘I said, ‘Just agencies, have crafted important tools sweet wormwood, a plant that can produce go.’ ‘‘But she had second thoughts. ‘‘I called and programs to develop and expand artemisinin, a new malaria cure. my colleagues in Bangkok and said, ‘Carlo Still, when a troublesome case turned up foreign markets. doesn’t feel well, and we should be careful.’ ’’ Recognizing the ever changing global in Hanoi, Dr. Palmer said, the W.H.O. staff Dr. Scott Dowell, a disease tracker for the usually said, ‘‘Call Carlo,’’ because he was federal Centers for Disease Control and Pre- economy, FAS has effectively devel- also known as an expert clinical diagnosti- vention, who is based in Thailand, met him oped the necessary resources to nego- cian. at the Bangkok airport near midnight. Dr. tiate trade agreements, open and main- Mr. Chen was such a case, suffering with Urbani, looking grim, waved him back. They tain foreign markets, and address pneumonia and fever, as well as a dry cough. sat in chairs eight feet apart until an ambu- international food crises and develop- The hospital suspected that he had the Asian lance arrived 90 minutes later, its frightened ment needs. ‘‘bird flu’’ that killed six people in 1997 and attendants having stopped for protective Today, exports of American food and was stopped by rigid quarantines and the gear. agricultural products have grown from slaughter of millions of chickens and ducks. For the first week in a Bangkok hospital, Rumors of a mysterious pneumonia had Dr. Urbani’s fever receded, and he felt a bit less than $3 billion in 1953 to over $50 been coming out of the Guangdong region of better. But he knew the signs. ‘‘I talked to billion, experiencing a trade surplus southern China, but the Chinese authorities him twice,’’ Dr. Palmer said. ‘‘He said, ‘I’m year after year. had been close lipped, even instructing local scared.’ ’’ The realities of today’s global mar- reporters to ignore it. That was uncharacteristic for a man who ketplace, as well as the challenges fac- Although no one then realized the signifi- was known as big, charming and full of iron- ing American agricultural producers cance, Mr. Chen, 48, had also stayed in the ic wit. In Italy, he staved off boredom by abroad, make the mission and contin- Metropole Hotel in Hong Kong. He may have hang gliding. In Hanoi, he negotiated the in- picked up the disease from a 64-year-old ued success of the Foreign Agriculture sane traffic on a motorcycle and took his Service more important than ever. Guangdong doctor in town for a wedding, children on overnight car jaunts to rural vil- staying in Room 911. Investigators theorize lages. He carried Bach sheet music and Therefore I rise today to submit reso- that the doctor infected 12 other guests, sev- stopped at churches, asking if he could play. lution to congratulate the Foreign Ag- eral from the same floor, who carried the dis- W.H.O. experts flew in from Australia and riculture Service on the 50th anniver- ease to Singapore, Toronto and elsewhere. Germany to help. One scoured Australian sary of its creation, and commend its By the time Dr. Urbani arrived at Viet- drug companies for ribavirin, a toxic dedicated employees for helping to cre- nam-France Hospital, the microbe that Mr. antiviral drug that was said to have helped ate benefits for American farmers and Chen carried was spreading. Before he died, some cases. It did not help Dr. Urbani, he infected 80 people, including more than ranchers by expanding global markets though, and was withdrawn. and reducing barriers to free trade. half of the health workers who cared for him. Then patches showed up on a lung X-ray, The virulence of his case alarmed world and he told his wife to take the children and I urge my colleagues to support this health officials, helping lead to the extraor- return to Castelplanio. Instead, she sent resolution. dinary health alert that W.H.O. issued on them ahead and flew to Bangkok. By the Mr. HARKIN. Mr. President, in rec- March 15. But Dr. Urbani, who first saw Mr. time she arrived, his room had been jury- ognition of the 50th anniversary of the Chen in late February, quickly recognized rigged as an isolation ward. Carpenters had Foreign Agriculture Service of the U.S. that the disease was highly contagious and put up double walls of glass, and fans had Department of Agriculture on March began instituting anti-infection procedures been placed in the window to force air out- like high-filter masks and double-gowning, 10, Senator COCHRAN and I are today side. submitting Senate resolution to honor which are not routine in impoverished Viet- The couple could talk only by intercom, nam. Then he called public health authori- and Ms. Chiorrini saw him conscious just that agency’s many achievements over ties. once. As his lungs weakened, Dr. Palmer the past half century. Dr. Palmer recalled Dr. Urbani’s conversa- said, he was put on a respirator. In a con- During the 83d Congress, President tion: ‘‘I have a hospital full of crying nurses. scious moment, Dr. Urbani asked for a priest Eisenhower recognized that the produc- People are running and screaming and to- to give him the last rites and, according to tive capacity of the U.S. agricultural tally scared. We don’t know what it is, but the Italian Embassy in Bangkok, said he sector was outstripping the food and it’s not flu.’’ wanted his lung tissue saved for science. On March 9, Dr. Urbani and Dr. Pascale feed needs of our domestic economy. In As fluid filled his lungs, he was put on a Brudon, the W.H.O. director in Hanoi, met order to assist American farmers and powerful ventilator, sedated with morphine. for four hours with officials at the Vietnam exporters in identifying, capturing, and The end came at 11:45 on a Saturday morn- Health Ministry, trying to explain the dan- ing. Doctors and nurses heavily shrouded in maintaining overseas markets for our ger and the need to isolate patients and anti-infection gear pounded on his chest as food and fiber, and thus boost the sec- screen travelers, despite the possible damage his heart stopped four times, Dr. Dowell said, tor’s earnings, Secretary Ezra Taft to its economy and image. but it was useless. Benson established the Foreign Agri- ‘‘That took a lot of guts,’’ Dr. Palmer said. Most of those who had died of SARS were ‘‘He’s a foreigner telling the Vietnamese culture Service, FAS, by memorandum old or had some underlying condition that that it looks bad. But he had a lot of credi- on March 10, 1953. The next year with weakened them, but ‘‘he worked with pa- bility with the government people, and he the passage of the Agriculture Act of tients for weeks, and we suspect he got such was a pretty gregarious kind of character.’’ ´ a massive dose that he didn’t have a 1954, P.L. 83–690, agricultural attaches With dozens of workers at the hospital sick, chance,’’ Dr. Palmer said. ‘‘It’s very sad,’’ were transferred from the State De- it was quarantined on March 11. Infection- Dr. Claus said, ‘‘that to raise awareness as he partment to the new agency. control practices were instituted at other did, you have to pay such a price.’’ The mission of FAS is to serve U.S. hospitals, including the large Bach Mai state agriculture’s international interest by hospital, where Dr. Claus of Doctors Without f Borders oversaw them. Dr. Urbani’s quick expanding export opportunities for U.S. COMMEMORATING THE 50TH ANNI- agricultural, aquaculture, and forest action was later credited with shutting down VERSARY OF THE FOREIGN AG- Vietnam’s first outbreak. products and promoting world food se- In the middle of it, Dr. Savioli said, Dr. RICULTURE SERVICE curity. Since its inception, the agency Urbani had an argument with his wife, Mr. COCHRAN. Mr. President, fifty has assisted in expanding U.S. agricul- Giuliani Chiorrini. She questioned the wis- years ago, President Eisenhower and tural exports from less than $3 billion dom of the father of three children ages 4 to Secretary of Agriculture Ezra Taft in 1953 to projected exports valued at 17 treating such sick patients. Dr. Savioli Benson had the foresight to acknowl- said Dr. Urbani replied: ‘‘If I can’t work in $57 billion for 2003, in nominal dollars. such situations, what am I here for? Answer- edge that the future of American agri- In addition to providing in-country ing e-mails, going to cocktail parties and culture was dependent on the develop- services and market analysis for the pushing paper?’’ In an interview with an ment of creative marketing tools and key importing countries in the agricul- Italian newspaper, Ms. Chiorrini said her foreign markets for U.S. food and agri- tural attache´ corps, FAS, through April 8, 2003 CONGRESSIONAL RECORD — SENATE S4953 headquarters staff, conducts trade and to monitor human rights in Burma, as But there are thousands of nonciti- food aid programs and works with staff I have on human rights all over the zens fighting in our military right now. from other USDA agencies to analyze world. Finally, I would like to offer my So, I, along with my fellow senator world market trends. While the agency praise for students at several Univer- from Georgia, Senator CHAMBLISS, have is not solely responsible for our large sity of Wisconsin campuses who are introduced legislation calling for citi- gains in exports over the past five dec- working to highlight conditions in zenship to be granted immediately to ades, no one could argue it has not pro- Burma. I am impressed by their dedica- any soldier who fights in our armed vided a crucial assistance in that ef- tion and heartened by their commit- services and dies in combat. fort. I salute the work of past and ment to justice and freedom for the For those among our troops who are present FAS employees and look for- Burmese people. not citizens and who die on the battle- ward to their contributions in the fu- f field, I believe the least we can do is to ture. honor them with posthumous citizen- GRANTING CITIZENSHIP TO IMMI- ship. f GRANT SOLDIERS WHO DIE IN POLITICAL REFORM IN EGYPT And I believe it should be done auto- COMBAT matically by the Government, with no Mr. BUNNING. Mr. President, last Mr. MILLER. Mr. President, I rise delay and no burden on the families. week I offered an amendment to S. 762, today to share with my colleagues the Under our bill, the families of these the fiscal year 2003 supplemental ap- story of one of my Georgia constitu- brave soldiers would not have to fill propriations bill, expressing the sense ents. It begins with a brave young 3rd out any forms or make any phone calls. of the Senate for the need of political Infantry soldier named Diego Rincon. This citizenship would apply only to reform in Egypt. While I withdrew my Diego was a native of Colombia and the deceased soldier and it would not amendment, I do intend to pursue this he came to the United States in 1989 make the soldier’s family eligible for issue when the fiscal year 2004 foreign with his family when he was 5 years any extra benefits or special treat- operations appropriations bill is con- old. He enjoyed a life of freedom and ment. sidered on the floor. safety that might not have been pos- It is simply a final gesture of thanks I know a number of my colleagues sible in Colombia. and gratitude for the ultimate sacrifice are similarly concerned with the lack Diego was extremely loyal to the these immigrant soldiers have made of political reform in Egypt, and I hope country that welcomed him. And after for their adopted country. we have productive discussions on the the September 11 attacks, he decided it f Senate floor on how U.S. assistance was time to repay his adopted Nation. can be better used to promote the de- Upon graduation from Salem High ADDITIONAL STATEMENTS velopment of democratic institutions School in Conyers, GA, Diego enlisted and practices in that country. It is in in the Army. He became a member of the interests of the people of Egypt— the ‘‘Rock of the Marne,’’ Fort Stew- TRIBUTE TO JOHN AND SARA and the United States—that freedom of art’s 3rd Infantry Division. BURCHARD association and thought are promoted Sadly, Private First Class Rincon ∑ Mr. JEFFORDS. Mr. President, and protected. was killed March 29 in Iraq by a suicide today I wish to recognize Drs. John and I will have more to say on this mat- bomber at a military checkpoint. Sara Burchard of Burlington, VT as ter at a later date, and I hope my col- Diego was 19 years old. Three other this year’s joint recipients of the Kids leagues will join me in addressing this members of his 1st Brigade were also on the Block—Vermont ‘‘Puppets’ important issue. killed. Choice Award.’’ This award is conferred f In late February, Diego wrote his annually by Kids on the Block— HUMAN RIGHTS IN BURMA final letter home to his mother just as Vermont, a theatrical troupe, part of a his Brigade was getting ready to move Mr. FEINGOLD. Mr. President, I am national organization, which performs out. Let me read just a little of that with puppets to deliver messages of deeply disappointed in the human letter: rights record of Burma. Throughout personal safety, diversity, and accept- So I guess the time has finally come for us my time in the Senate, I have consist- ance of disabilities. As honorees, John to see what we are made of, who will crack and Sara are acknowledged for their ently been critical of political and when the stress level rises and who will be human rights abuses in Burma. I have outstanding contributions to children calm all the way through it. Only time will and families statewide. been deeply troubled by reports, con- tell. firmed by the U.S. Department of I try not to think of what may happen in Since their arrival in Vermont in State, that Burmese soldiers have sys- the future, but I can’t stand seeing it in my 1970, John and Sara, both long-time tematically raped Shan women on a eyes. There’s going to be murders, funerals professors of psychology at the Univer- massive scale. I am also concerned and tears rolling down everybody’s eyes. But sity of Vermont, have worked tire- the only thing I can say is, keep my head up lessly to improve children’s care and about repeated charges of forced labor, and try to keep the faith and pray for better the suppression of civil liberties, and families’ strength. Describing their days. All this will pass. I believe God has a contributions as ‘‘outstanding’’ is an widespread political repression. Recent path for me. events in Burma only serve to heighten Whether I make it or not, it’s all part of understatement. Professionally and my concern. the plan. It can’t be changed, only com- personally, John and Sara have pas- I am concerned by the recent deci- pleted. sionately dedicated themselves to sion by United Nations human rights This 19-year-old was wise beyond his making Vermont’s communities better. envoy Paulo Sergio Pinheiro, to sus- years. John’s academic and professional life pend his missions to Burma after find- Diego joined the Army for the no- has focused on children who suffer from ing a hidden listening device in a room blest of reasons. He fought and died in emotional and behavioral problems, for where he was interviewing political Iraq while defending our Nation’s free- whom he has helped develop new meth- prisoners. The incident raises very seri- dom. ods of care. One example of John’s in- ous concerns about the depth of Bur- And after his death, his family asked novation is the ‘‘wrap-around’’ ap- ma’s commitment to improving condi- one last request of the Government in proach, bringing care and services to tions within its borders. I am also con- return for their son’s life—to be able to the families, rather than relying on cerned about the case of Dr. Salai Tun bury him this Thursday as a U.S. cit- clinics. John also served on the Bur- Than, an alumnus of the University of izen. lington School Commission and, during Wisconsin-Madison, who was arrested I am very pleased and proud to an- the late Richard Snelling’s terms as and sentenced in November 2001 after nounce today that—with the help of Governor, as Commissioner of the De- conducting a solitary protest of polit- the INS—Private First Class Diego partment of Social and Rehabilitation ical conditions in front of Rangoon Rincon has been awarded U.S. citizen- Services. City Hall. ship. This brave soldier will be buried Sara’s specialty lies with children As a member of the Senate Foreign Thursday as a citizen of our great and adults with developmental disabil- Relations Committee, I will continue country. ities. Sara was an important voice of S4954 CONGRESSIONAL RECORD — SENATE April 8, 2003 reason when she led efforts to enable Many Americans do not realize the former chairman of the Community Vermont to become the first state to important role that many small busi- Redevelopment Agency in the city of close its institutions for the mentally nesses play in military preparedness. Los Angeles. retarded. Helping those with disabil- The nine employees of Lan-Cay make Employees of Mr. Hirsh at the Jewish ities receive the care they need and de- parts for grenade launchers, survival Journal remember him as being ob- serve has been Sara’s calling, and her tool pouches, equipment used to deacti- sessed with fair and balanced report- efforts have been nationally recognized vate land mines, and other important ing. Editor-in-Chief of the periodical, for excellence. products for all the branches of our Robert Eshman, said that the paper As professors, John and Sara have military. Lan-Cay is currently making grew ‘‘significantly’’ under Stanley’s taught and mentored generations of thousands of bayonets for M–16’s one at leadership. students who have become compas- a time. People of Stanley Hirsh’s caliber do sionate and effective leaders who work The employees of Lan-Cay take their not come very often and while his ac- with and advocate for the develop- jobs very seriously because they know complishments still resonate, and his mentally disabled, children, and their that the quality of their work may one warmth and kindness honored, Mr. ∑ families. Their influence extends will day save a soldier’s life. They do not Hirsh will be sorely missed. beyond their classrooms and their hope for war, but they understand the f State, making people’s lives healthier importance of the nature of their jobs. MESSAGES FROM THE HOUSE and more productive. The employees of Lan-Cay carefully in- At 2:16 p.m., a message from the Again, I wish Drs. John and Sara spect each of their finished products to House of Representatives, delivered by Burchard congratulations and my sin- ensure that it meets the military’s Ms. Niland, one of its reading clerks, cerest best wishes. Their tireless work strict guidelines. announced that the House has passed is helping to make Vermont the kind of I ask my colleagues in the Senate to the following bills, in which it requests place that Vermonters are proud to pay tribute to the employees of Lan- the concurrence of the Senate: ∑ call home. Cay and the thousands of employees in H.R. 1055. An act to designate the facility f many other small businesses across of the United States Postal Service located this great nation that produce the nec- at 1901 West Evans Street in Florence, South HONORING EAST BRUNSWICK HIGH essary products that enable the men Carolina, as the ‘‘Dr. Roswell N. Beck Post SCHOOL’S SUCCESS IN ‘‘WE THE and women of our military to perform Office Building’’. PEOPLE’’ PROGRAM their tasks as well and as safely as pos- H.R. 1368. An act to designate the facility ∑ Mr. LAUTENBERG. Mr. President, ∑ of the United States Postal Service located sible. at 7554 Pacific Avenue in Stockton, Cali- on April 26, 2003, more than 1,200 stu- f fornia, as the ‘‘Norman D. Shumway Post Of- dents from across the United States A TRIBUTE TO STANLEY HIRSH fice Building’’. will visit Washington, DC, to compete The message also announced that the ∑ in the national finals of the ‘‘We the Mrs. FEINSTEIN. Mr. President, I House insists upon its amendment to People: The Citizen and the Constitu- wish to honor Mr. Stanley Hirsh, a the bill (S. 342) to amend the Child tion’’ program. Administered by the California businessman, and publisher Abuse Prevention and Treatment Act Center for Civic Education and funded of the widely read Los Angeles Jewish to make improvements to and reau- by the U.S. Department of Education, Journal, who dedicated his life to oth- thorize programs under that Act, and this program is designed to educate ers. Mr. Hirsh lost his battle with brain for other purposes, disagreed to by the students about the importance and cancer and passed away on March 22nd. Senate, and agree to the conference contemporary relevance of the Con- Mr. Hirsh left behind his wife, Anita, asked by the Senate on the disagreeing stitution. The program provides cur- four children, and four grandchildren. votes of the two Houses thereon: That ricular materials at upper elementary, He was 76. the following Members be the man- middle, and high school levels and in- While Mr. Hirsh was a highly success- agers of the conference on the part of corporates critical thinking and prob- ful businessman, he will be remem- the House: From the Committee on lem-solving activities to complement bered, to quote the Jewish Journal, as Education and the Workforce, for con- the information gathered in class- a ‘‘maverick philanthropist.’’ Such a sideration of the Senate bill and the rooms, and gleaned from textbooks. title was earned by Mr. Hirsh’s pleth- House amendment, and modifications I am proud to announce that the ora of donations to various charity or- committed to conference: Mr. class from East Brunswick High School ganizations, his service during World BOEHNER; Mr. HOEKSTRA, Mr. PORTER, will represent my home State of New War II in the United States Navy, and Mr. GREENWOOD, Mr. NORWOOD, Mr. Jersey in this national event. These his formation of twelve kosher kitch- GINGREY, Mr. BURNS, Mr. GEORGE MIL- young scholars have worked conscien- ens for Jewish seniors in the Los Ange- LER of California, Mr. HINOJOSA, Mrs. tiously to reach the national finals by les area. DAVIS of California, Mr. RYAN of Ohio, participating at local and statewide In addition to his dedication to phi- and Mr. DAVIS of Illinois. competitions. They have earned the lanthropy, Mr. Hirsh sought to posi- At 2:40 p.m., a message from the honor to come to Washington for the tively affect Arab-Israeli relations. In House of Representatives, delivered by national competition, which is modeled the early nineties, Mr. Hirsh and his Ms. Niland, one of its reading clerks, after a congressional hearing and in- family formed the Hirsh Family Early announced that the House disagree to cludes oral testimony and questioning Childhood Development Center in Tel the amendment of the Senate to the before a panel of judges. Aviv. bill (H.R. 1559) making emergency war- It is inspiring to see these young peo- While no single accomplishment de- time supplemental appropriations for ple advocate the ideals and principles fined Mr. Hirsh, his friends remember the fiscal year ending September 30, of our Government, and I wish these him as an altruistic man who was 2003, and for other purposes, and agree budding constitutional experts from steadfast in his leadership. Friend and to the conference asked by the Senate East Brunswick, NJ, the best of luck at Congressman HOWARD L. BERMAN re- on the disagreeing votes of the two the ‘‘We the People’’ national finals.∑ called Hirsh as ‘‘a real generalist, in- Houses thereon; and appoints the fol- f terested in matters of the greater com- lowing Members as the managers of the munity.’’ conference on the part of the House: TRIBUTE TO THE WORKERS OF Mr. Hirsh’s dedication to community Mr. YOUNG of Florida, Mr. REGULA, Mr. LAN-CAY INC. service is evidenced by his stint as LEWIS of California, Mr. ROGERS of ∑ Mr. BUNNING. Mr. President, I rise president at the Jewish Federation, Kentucky, Mr. WOLF, Mr. KOLBE, Mr. today in the Senate to pay tribute to and in the mid 1980s, he chaired the WALSH, Mr. TAYLOR of North Carolina, the nine employees of Lan-Cay Inc. in United Jewish Fund General Campaign. Mr. HOBSON, Mr. ISTOOK, Mr. BONILLA, Carrollton, KY. This small business in Interestingly, Mr. Hirsh was the great- Mr. KNOLLENBERG, Mr. KINGSTON, Mr. northern Kentucky makes many prod- est contributor to the campaign. FRELINGHUYSEN, Mr. OBEY, Mr. MUR- ucts that help drive the American mili- Mr. Hirsh owned the Cooper Building THA, Mr. DICKS, Mr. SABO, Mr. MOL- tary machine. in downtown Los Angeles and was a LOHAN, Ms. KAPTUR, Mr. VISCLOSKY, April 8, 2003 CONGRESSIONAL RECORD — SENATE S4955 Mrs. LOWEY, Mr. SERRANO, Mr. MORAN Marine Inspection and Captain of the Port icopter Textron Cnada Model 407 Helicopter; of Virginia, and Mr. EDWARDS. Zone (CGD01–01–187) (1625–AA00)’’ received on Docket no. 2002SW54 (2120AA64) (20030154)’’ April 4, 2003; to the Committee on Com- received on April 4, 2003; to the Committee f merce, Science, and Transportation. on Commerce, Science, and Transportation. MEASURES REFERRED EC–1800. A communication from the Chief, EC–1809. A communication from the Pro- Regulations and Administrative Law, United gram Analyst, Federal Aviation Administra- The following bills were read the first States Coast Guard, Department of Home- tion, Department of Transportation, trans- and the second times by unanimous land Security, transmitting, pursuant to mitting, pursuant to law, the report of a rule consent, and referred as indicated: law, the report of a rule entitled ‘‘Draw- entitled ‘‘Airworthiness Directives: McDon- H.R. 1055. An act to designate the facility bridge Regulations; Nanticoke River, nell Douglas Model DC 9 81, –82, –83, –87, and of the United States Postal Service located Seaford, DE (1625–AA09)’’ received on April 4, –88 Airplanes; CORRECTION; Docket no. at 1901 West Evans Street in Florence, South 2003; to the Committee on Commerce, 2002-NM–216 (2120–AA64) (2003–0152)’’ received Carolina, as the ‘‘Dr. Roswell N. Beck Post Science, and Transportation. on April 4, 2003; to the Committee on Com- Office Building’’; to the Committee on Gov- EC–1801. A communication from the Chief, merce, Science, and Transportation. ernmental Affairs. Regulations and Administrative Law, United EC–1810. A communication from the Pro- H.R. 1055. An act to designate the facility States Coast Guard, Department of Home- gram Analyst, Federal Aviation Administra- of the United States Postal Service located land Security, transmitting, pursuant to tion, Department of Transportation, trans- at 7554 Pacific Avenue in Stockton, Cali- law, the report of a rule entitled ‘‘Draw- mitting, pursuant to law, the report of a rule fornia, as the ‘‘Norman Shumway Post Office bridge Regulations; Illinois Waterway, Illi- entitled ‘‘Airworthiness Directives: Building’’; to the Committee on Govern- nois (CGD08–03–009) (1625–AA09)’’ received on Wytwornia Sprzetu Komunikacyjnego PZL– mental Affairs. April 4, 2003; to the Committee on Com- Rzesow S.A. Franklin 6A–350–C1, C1A, C1L, merce, Science, and Transportation. C1R–C2, and 4A–235 Series Reciprocating En- f EC–1802. A communication from the Chief, gines; Docket No. 2002–NE–20 (2120–AA64) EXECUTIVE AND OTHER Regulations and Administrative Law, United (2003–0149)’’ received on April 4, 2003; to the COMMUNICATIONS States Coast Guard, Department of Home- Committee on Commerce, Science, and land Security, transmitting, pursuant to Transportation. The following communications were law, the report of a rule entitled ‘‘Draw- EC–1811. A communication from the Pro- laid before the Senate, together with bridge Regulations; Long Island, New York gram Analyst, Federal Aviation Administra- accompanying papers, reports, and doc- Inland Waterway from East Rockaway Inlet tion, Department of Transportation, trans- uments, and were referred as indicated: to Shinnecock Canal, NY (CGD01–03–024)’’ re- mitting, pursuant to law, the report of a rule ceived on April 4, 2003; to the Committee on entitled ‘‘Special Operating Rules for the EC–1794. A communication from the Chief, Commerce, Science, and Transportation. Conduct of Instrument Flight Rules Area Regulations and Administrative Law, United EC–1803. A communication from the Chief, Navigation operations Using Global Posi- States Coast Guard, Department of Home- Regulations and Administrative Law, United tioning Systems in Alaska; Docket No. FAA– land Security, transmitting, pursuant to States Coast Guard, Department of Home- 2003–14305 (2120–AH93)’’ received on April 4, law, the report of a rule entitled ‘‘Safety/Se- land Security, transmitting, pursuant to 2003; to the Committee on Commerce, curity Zone Regulations: Tampa Bay, Port of law, the report of a rule entitled ‘‘Draw- Science, and Transportation. Tampa, Port of Saint Petersburg, Port Man- bridge Regulations; Coronado Beach Bridge EC–1812. A communication from the Pro- atee, Rattlesnake, Old Port Tampa, Big (SR 44), Intracoastal Waterway, New Smyrna gram Analyst, Federal Aviation Administra- Bend, Weedon Island, and Crystal River, FL Beach, Florida (CGD07–02–077) (1625–AA09)’’ tion, Department of Transportation, trans- (COTP Tampa 03–006) (1625–AA00) (2003–0006)’’ received on April 4, 2003; to the Committee mitting, pursuant to law, the report of a rule received on April 4, 2003; to the Committee on Commerce, Science, and Transportation. entitled ‘‘Aircraft Registration Require- on Commerce, Science, and Transportation. EC–1804. A communication from the Pro- ments; Clarification of ‘‘Court of Competent EC–1795. A communication from the Chief, gram Analyst, Federal Aviation Administra- Jurisdiction’’; Docket No. FAA–2002–12377 Regulations and Administrative Law, United tion, Department of Transportation, trans- (2120–AH75)’’ received on April 4, 2003; to the States Coast Guard, Department of Home- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and land Security, transmitting, pursuant to entitled ‘‘Airworthiness Directives Rolls Transportation. law, the report of a rule entitled ‘‘Safety/Se- Royce Deutschland Ltd and CO KG Model EC–1813. A communication from the Pro- curity Zone Regulations: Including 2 Regula- Tay 611–8, 620–15, 650–15, and 651–54 Turbofan gram Analyst, Federal Aviation Administra- tions) [CGD05–02–080] [CGD13–02–018]’’ re- Engines; Docket No. 2002–NE–37 [3–11/4–3] tion, Department of Transportation, trans- ceived on April 4, 2003; to the Committee on (2120–AA64)’’ received on April 4, 2003; to the mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Committee on Commerce, Science, and entitled ‘‘Part 145 Review: Repair Stations; EC–1796. A communication from the Chief, Transportation. Delay of effective date; Docket No. FAA– Regulations and Administrative Law, United EC–1805. A communication from the Pro- 1999–5836 (2120–AC38) (2003–0001)’’ received on States Coast Guard, Department of Home- gram Analyst, Federal Aviation Administra- April 4, 2003; to the Committee on Com- land Security, transmitting, pursuant to tion, Department of Transportation, trans- merce, Science, and Transportation. law, the report of a rule entitled ‘‘Draw- mitting, pursuant to law, the report of a rule EC–1814. A communication from the Pro- bridge Regulations; (Including 3 regulations) entitled ‘‘Airworthiness Directives Dassault gram Analyst, Federal Aviation Administra- [CGD07–03036] [CGD01–03–009] CGD01–03–011]’’ Model Falcon 2000 and Mystere-Flacon 900 tion, Department of Transportation, trans- received on April 4, 2003; to the Committee Series Airplanes: Docket No. 2003–NM–53 mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. (2120–AA64) (2003–0155)’’ received on April 4, entitled ‘‘Standard Instrument Approach EC–1797. A communication from the Chief, 2003; to the Committee on Commerce, Procedures; Miscellaneous Amendments (76); Regulations and Administrative Law, United Science, and Transportation. Amdt. No. 3047 (2120–AA65) (2003–0015)’’ re- States Coast Guard, Department of Home- EC–1806. A communication from the Pro- ceived on April 4, 2003; to the Committee on land Security, transmitting, pursuant to gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Safety/Se- tion, Department of Transportation, trans- EC–1815. A communication from the Pro- curity Zone Regulations: (Including 2 Regu- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- lations) [CGD13–03–003] [CGD13–03–04]’’ re- entitled ‘‘Airworthiness Directives General tion, Department of Transportation, trans- ceived on April 4, 2003; to the Committee on Electric Company CF 34–3A1, –3B, and –3B1 mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Turbofan Engines; Docket No. 2001–NE–21 entitled ‘‘Standard Instrument Approach EC–1798. A communication from the Chief, (2120–AA64) (2003–0153)’’ received on April 4, Procedures; Miscellaneous Amendments (79); Regulations and Administrative Law, United 2003; to the Committee on Commerce, Amdt. 3049 (2120–AA65) (2003–0016)’’ received States Coast Guard, Department of Home- Science, and Transportation. on April 4, 2003; to the Committee on Com- land Security, transmitting, pursuant to EC–1807. A communication from the Pro- merce, Science, and Transportation. law, the report of a rule entitled ‘‘Regula- gram Analyst, Federal Aviation Administra- EC–1816. A communication from the Pro- tions Navigation Area: Kill Van Kull Chan- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- nel, Newark Bay Channel, South Elizabeth mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Channel, Elizabeth Channel, Port Newark entitled ‘‘Airworthiness Directives: Air Trac- mitting, pursuant to law, the report of a rule Channel and New Jersey Pierhead Channel, tor, INC Models AT 300–, 301, 302, 400, and entitled ‘‘Standard Instrument Approach New York and New Jersey (CGD01–03–017)’’ 400A Airplanes; Docket No. 2003–CE–09 (2120– Procedures; Miscellaneous Amendments (16); received on April 4, 2003; to the Committee AA64) (2003–0151)’’ received on April 4, 2003; to Amdt No. 3048 (2120–AA65) (2003–0018)’’ re- on Commerce, Science, and Transportation. the Committee on Commerce, Science, and ceived on April 4, 2003; to the Committee on EC–1799. A communication from the Chief, Transportation. Commerce, Science, and Transportation. Regulations and Administrative Law, United EC–1808. A communication from the Pro- EC–1817. A communication from the Pro- States Coast Guard, Department of Home- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- land Security, transmitting, pursuant to tion, Department of Transportation, trans- tion, Department of Transportation, trans- law, the report of a rule entitled ‘‘Safety/Se- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule curity Zone Regulations; Long Island Sound entitled ‘‘Airworthiness Directives: Bell Hel- entitled ‘‘Standard Instrument Approach S4956 CONGRESSIONAL RECORD — SENATE April 8, 2003 Procedures; Miscellaneous Amendments (20); titled ‘‘Modified Acrylic Polymers; Revision Quality Implementation Plans; Massachu- Amdt. No. 3050 (2120–AA65) (2003–0017)’’ re- of Tolerance Exemption (FRL 7297–8)’’ re- setts; Amendment to 310 CRM 7.06, Visible ceived on April 4, 2003; to the Committee on ceived on April 1, 2003; to the Committee on Emission Rule (FRL 7466–2)’’ received on Commerce, Science, and Transportation. Environment and Public Works. April 4, 2003; to the Committee on Environ- EC–1818. A communication from the Acting EC–1827. A communication from the Acting ment and Public Works. Director, Office of Sustainable Fisheries, Na- Principal Deputy Associate Administrator, EC–1837. A communication from the Acting tional Marine Fisheries Service, Department Environmental Protection Agency, transmit- Principal Deputy Associate Administrator, of Commerce, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- the report of a rule entitled ‘‘NMFS is pro- titled ‘‘Lactic acid, ethyl ester and Lactic ting, pursuant to law, the report of a rule en- hibiting directed fishing for pollock in Sta- acid, n-butyl ester, Exemptions from the Re- titled ‘‘Revision to the Guideline on Air tistical Area 630 of the Gulf of Alaska (GOA). quirement of a Tolerance, Technical Correc- Quality Models: Adoption of a Preferred This action is necessary to prevent exceeding tion (FRL 7298–4)’’ received on April 1, 2003; Long Range Transport Model and Other Re- the B season allowance of the pollock total to the Committee on Environment and Pub- visions (FRL 7478–3)’’ received on April 4, allowable catch (TAC) for Statistical Area lic Works. 2003; to the Committee on Environment and 630 of the GOA’’ received on April 3, 2003; to EC–1828. A communication from the Acting Public Works. the Committee on Commerce, Science, and Principal Deputy Associate Administrator, EC–1838. A communication from the Acting Transportation. Environmental Protection Agency, transmit- Principal Deputy Associate Administrator, EC–1819. A communication from the Acting ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Director, Office of Sustainable Fisheries, Na- titled ‘‘Fellowships (FRL 7476–2)’’ received ting, pursuant to law, the report of a rule en- tional Marine Fisheries Service, Department on April 1, 2003; to the Committee on Envi- titled ‘‘Revisions to the California State Im- of Commerce, transmitting, pursuant to law, ronment and Public Works. plementation Plan, Lake County Air Quality the report of a rule entitled ‘‘NMFS is pro- EC–1829. A communication from the Acting Control District and San Diego County Air hibiting directed fishing for pollock in Sta- Principal Deputy Associate Administrator, Pollution Control District (FRL 7471–4)’’ re- tistical Area 610 of the Gulf of Alaska (GOA). Environmental Protection Agency, transmit- ceived on April 4, 2003; to the Committee on This action is necessary to prevent exceeding ting, pursuant to law, the report of a rule en- Environment and Public Works. the B season allowance of the pollock total titled ‘‘Approval and Promulgation of Air EC–1839. A communication from the Acting allowable catch (TAC) for Statistical Area Quality Implementation Plans, Rhode Is- Principal Deputy Associate Administrator, 610 of the GOA’’ received on April 3, 2003; to land; One-hour Ozone Attainment Dem- Environmental Protection Agency, transmit- the Committee on Commerce, Science, and onstration for the Rhode Island Ozone Non- ting, pursuant to law, the report of a docu- Transportation. attainment Area (FRL 7476–7)’’ received on ment entitled ‘‘Filter Backlash Recycling EC–1820. A communication from the Acting April 1, 2003; to the Committee on Environ- Rule—Technical Guidance Manual’’ received Director, Office of Sustainable Fisheries, Na- ment and Public Works. on April 1, 2003; to the Committee on Envi- tional Marine Fisheries Service, Department EC–1830. A communication from the Acting ronment and Public Works. of Commerce, transmitting, pursuant to law, Principal Deputy Associate Administrator, EC–1840. A communication from the Acting the report of a rule entitled ‘‘Fisheries of the Environmental Protection Agency, transmit- Principal Deputy Associate Administrator, Northeastern United States; United States; ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Northeast Multispecies Fishery; Commercial titled ‘‘Standards of Performance for Sta- ting, pursuant to law, the report of a docu- Haddock Harvest (I.D.031003B)’’ received on tionary Gas Turbines (FRL 7476–5)’’ received ment entitled ‘‘Primary Aluminum Reduc- April 3, 2003; to the Committee on Com- on April 1, 2003; to the Committee on Envi- tion Plants: Air Toxics Amendments Fact merce, Science, and Transportation. ronment and Public Works. Sheet’’ received on April 1, 2003; to the Com- EC–1821. A communication from the Chair- EC–1831. A communication from the Acting mittee on Environment and Public Works. man, Office of the General Counsel, Surface Principal Deputy Associate Administrator, EC–1841. A communication from the Assist- Transportation Board, transmitting, pursu- Environmental Protection Agency, transmit- ant Secretary, Fish and Wildlife and Parks, ant to law, the report of a rule entitled ‘‘Pro- ting, pursuant to law, the report of a rule en- Fish and Wildlife Service, Department of the cedures to expedite Of Rail Rate Challenges titled ‘‘Protection of Stratospheric Ozone: Interior, transmitting, pursuant to law, the To Be Considered Under The StandAlone Listing of Substitutes for Ozone-Depleting report of a rule entitled ‘‘Endangered and Cost Methodology (STB Ex Parte No 638)’’ Substances; Correction (FRL 7477–7)’’ re- Threatened Wildlife and Plants; Endangered received on April 4, 2003; to the Committee ceived on April 4, 2003; to the Committee on Status and Designation of Critical Habitat on Commerce, Science, and Transportation. Environment and Public Works. for Polygonum hickmanii (Scotts Valley EC–1822. A communication from the Regu- EC–1832. A communication from the Acting Polygonum)’’ received on April 1, 2003; to the lations Officer, Federal Motor Carrier Safety Principal Deputy Associate Administrator, Committee on Environment and Public Administration, Department of Transpor- Environmental Protection Agency, transmit- Works. tation, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- EC–1842. A communication from the Assist- port of a rule entitled ‘‘CIVIL PENALTIES titled ‘‘Decanoic Acid; Exemption from the ant Secretary, Fish and Wildlife and Parks, (2126–AA81)’’ received on April 3, 2003; to the Requirement of a Pesticide Tolerance; Tech- Fish and Wildlife Service, Department of the Committee on Commerce, Science, and nical Correction (FRL 7269–9)’’ received on Interior, transmitting, pursuant to law, the Transportation. April 4, 2003; to the Committee on Environ- report of a rule entitled ‘‘Endangered and EC–1823. A communication from the Assist- ment and Public Works. Threatened Wildlife and Plants; Designation ant Administrator, Office of Sustainable EC–1833. A communication from the Acting of Critical Habitat for the Kanuai Cave Wolf Fisheries, National Marine Fisheries Serv- Principal Deputy Associate Administrator, Spider and Kanuai Cave Amphipod (RIN 1018– ice, Department of Commerce, transmitting, Environmental Protection Agency, transmit- AH01)’’ received on April 1, 2003; to the Com- pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. ‘‘Fisheries of the Exclusive Economic Zone titled ‘‘Beaches Environmental Assessment EC–1843. A communication from the Assist- Off Alaska—Final Rule to Implement a Sea- and Coastal Health Act’’ received on April 4, ant Secretary, Fish and Wildlife and Parks, sonal Area Closure to Groundfish Fishing off 2003; to the Committee on Energy and Nat- Fish and Wildlife Service, Department of the Cape Sarichef (0648–AQ46)’’ received on April ural Resources. Interior, transmitting, pursuant to law, the 3, 2003; to the Committee on Commerce, EC–1834. A communication from the Acting report of a rule entitled ‘‘Endangered and Science, and Transportation. Principal Deputy Associate Administrator, Threatened Wildlife and Plants; Designation EC–1824. A communication from the Acting Environmental Protection Agency, transmit- of Critical Habitat for Seven Bexar County, Director, Assistant Secretary, Communica- ting, pursuant to law, the report of a rule en- Texas, Invertebrate Species (RIN 1018–AI47)’’ tions, Department of Commerce, transmit- titled ‘‘Approval and Promulgation of State received on April 1, 2003; to the Committee ting, pursuant to law, the report of a rule en- Implementation Plans, Wisconsin (FRL 7466– on Environment and Public Works. titled ‘‘Notice of Availability of Funds (RIN 6)’’ received on April 4, 2003; to the Com- EC–1844. A communication from the Acting 0660–ZA06)’’ received on April 1, 2003; to the mittee on Environment and Public Works. General Counsel, Office of the General Coun- Committee on Commerce, Science, and EC–1835. A communication from the Acting sel, Federal Emergency Management Agen- Transportation. Principal Deputy Associate Administrator, cy, transmitting, pursuant to law, the report EC–1825. A communication from the Assist- Environmental Protection Agency, transmit- of a rule entitled ‘‘Disaster Assistance: Crisis ant Administrator, Procurement, National ting, pursuant to law, the report of a rule en- Counseling Regular Program; Amendments Aeronautics and Space Administration, titled ‘‘Approval and Promulgation of Air to Regulations 68 FR 9899 (RIN 3067–AD32)’’ transmitting, pursuant to law, the report of Quality Implementation Plans; South Da- received on April 3, 2003; to the Committee a rule entitled ‘‘Trade Agreements Act—Ex- kota (FRL 7475–1)’’ received on April 4, 2003; on Environment and Public Works. ceptions for U.S. Made End Products (RIN to the Committee on Environment and Pub- EC–1845. A communication from the Execu- 2700–AC33)’’; to the Committee on Commerce, lic Works. tive Vice President, Communications and Science, and Transportation. EC–1836. A communication from the Acting Government Relations, Tennessee Valley Au- EC–1826. A communication from the Acting Principal Deputy Associate Administrator, thority, transmitting, pursuant to law, the Principal Deputy Associate Administrator, Environmental Protection Agency, transmit- report of a Statistical Summary for Fiscal Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Year 2002; to the Committee on Environment ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Air and Public Works. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4957

EC–1846. A communication from the Execu- promote financial education under the tem- By Mr. MCCAIN (for himself, Mr. HOL- tive Director, Operations, Nuclear Regu- porary assistance to needy families program LINGS, Mr. LOTT, and Mr. ROCKE- latory Commission, transmitting, pursuant and to allow financial education to count as FELLER): to law, the report of the December 2002 Up- a work activity under that program; to the S. 824. A bill to reauthorize the Federal date of the Staff’s Response to the Chair- Committee on Finance. Aviation Administration, and for other pur- man’s Tasking Memorandum; to the Com- By Mr. SANTORUM: poses; to the Committee on Commerce, mittee on Environment and Public Works. S. 814. A bill to include Hepatitis A vac- Science, and Transportation. EC–1847. A communication from the Chair- cines in the Vaccine Injury Compensation By Mr. HARKIN (for himself, Mr. DUR- man, Nuclear Regulatory Commission, trans- Program under title XXI of the Public BIN, Mr. FEINGOLD, Mr. KENNEDY, and mitting, pursuant to law, the report relative Health Service Act; to the Committee on Mrs. BOXER): to Security related actions taken by the Health, Education, Labor, and Pensions. S. 825. A bill to amend the Employee Re- commission over the past seven months, re- By Ms. CANTWELL: tirement Income Security Act of 1974 and the ceived on April 3, 2003; to the Committee on S. 815. A bill to establish a center for excel- Internal Revenue Code of 1986 to protect pen- Environment and Public Works. lence for applied research and training in the sion benefits of employees in defined benefit use of advanced materials in transport air- EC–1848. A communication from the Chair- plans and to direct the Secretary of the craft; to the Committee on Commerce, man, Nuclear Regulatory Commission, trans- Treasury to enforce the age discrimination Science, and Transportation. mitting, pursuant to law, the report of the requirements of the Internal Revenue Code By Mr. CONRAD (for himself, Mr. Nuclear Regulatory Commission’s latest of 1986; to the Committee on Health, Edu- THOMAS, Mr. HARKIN, Mr. GRASSLEY, monthly report, covering December 2002, of cation, Labor, and Pensions. the status of its licensing and regulatory du- Mr. SMITH, Mr. ROCKEFELLER, Mr. ties, received on April 3, 2003; to the Com- ROBERTS, Mr. DASCHLE, Mr. DORGAN, f mittee on Environment and Public Works. Mr. DOMENICI, Mrs. LINCOLN, Mr. SUBMISSION OF CONCURRENT AND f BURNS, Mr. BINGAMAN, Mr. JEFFORDS, Mr. JOHNSON, Mr. LEVIN, Mr. TALENT, SENATE RESOLUTIONS REPORTS OF COMMITTEES Mr. DAYTON, Mr. BOND, Mr. EDWARDS, The following concurrent resolutions The following reports of committees Mr. COCHRAN, Mr. PRYOR, Mrs. MUR- and Senate resolutions were read, and were submitted: RAY, Ms. SNOWE, Mr. COLEMAN, and referred (or acted upon), as indicated: Ms. CANTWELL): By Ms. COLLINS, from the Committee on S. 816. A bill to amend title XVIII of the By Mr. INOUYE: Governmental Affairs: Social Security Act to protect and preserve S. Res. 107. A resolution expressing the Report to accompany S. 380, a bill to access of medicare beneficiaries to health sense of the Senate to designate the month amend chapter 83 of title 5, United States care provided by hospitals in rural areas, and of November 2003 as ‘‘National Military Fam- Code, to reform the funding of benefits under for other purposes; to the Committee on Fi- ily Month’’; to the Committee on the Judici- the Civil Service Retirement System for em- nance. ary. ployees of the United States Postal Service, By Mr. KOHL: By Mr. BURNS (for himself, Mr. BAU- and for other purposes (Rept. No. 108–35). S. 817. A bill to amend chapter 111 of title CUS, Mr. BROWNBACK, Mr. HATCH, and f 28, United States Code, relating to protective Mr. REID): INTRODUCTION OF BILLS AND orders, sealing of cases, disclosures of dis- S. Res. 108. A resolution designating the covery information in civil actions, and for week of April 21 through April 27, 2003, as JOINT RESOLUTIONS other purposes; to the Committee on the Ju- ‘‘National Cowboy Poetry Week’’; to the The following bills and joint resolu- diciary. Committee on the Judiciary. tions were introduced, read the first By Ms. SNOWE (for herself, Mr. KERRY, By Mr. FEINGOLD (for himself and Mr. and second times by unanimous con- Mr. BOND, Mr. PRYOR, and Mr. HAR- DODD): sent, and referred as indicated: KIN): S. Res. 109. A resolution expressing the S. 818. A bill to ensure the independence sense of the Senate with respect to polio; to By Mr. LEVIN (for himself and Ms. and nonpartisan operation of the Office of the Committee on Health, Education, Labor, STABENOW): Advocacy of the Small Business Administra- and Pensions. S. 808. A bill to provide for expansion of tion; to the Committee on Small Business By Mr. KYL (for himself, Mr. FRIST, Sleeping Bear Dunes National Lakeshore; to and Entrepreneurship. Mr. DASCHLE, Mr. STEVENS, Mr. the Committee on Energy and Natural Re- By Ms. MIKULSKI (for herself, Mr. MCCONNELL, Mr. REID, Mr. BYRD, Mr. sources. SARBANES, Mr. LEAHY, and Mr. CAMP- AKAKA, Mr. ALEXANDER, Mr. ALLARD, By Mr. SANTORUM: BELL): Mr. ALLEN, Mr. BAUCUS, Mr. BAYH, S. 809. A bill to amend the Internal Rev- S. 819. A bill to amend the definition of a enue Code of 1986 to reduce the tax on beer to Mr. BENNETT, Mr. BIDEN, Mr. BINGA- law enforcement officer under subchapter III MAN, Mr. BOND, Mrs. BOXER, Mr. its pre-1991 level; to the Committee on Fi- of chapter 83 and chapter 84 of title 5, United nance. BREAUX, Mr. BROWNBACK, Mr. States Code, respectively, to ensure the in- BUNNING, Mr. BURNS, Mr. CAMPBELL, By Mr. DEWINE (for himself, Mr. clusion of certain positions; to the Com- Ms. CANTWELL, Mr. CARPER, Mr. GRASSLEY, Mr. SHELBY, and Mrs. mittee on Governmental Affairs. CHAFEE, Mr. CHAMBLISS, Mrs. CLIN- HUTCHISON): By Mrs. BOXER: TON, Mr. COCHRAN, Mr. COLEMAN, Ms. S. 810. A bill to enhance the protection of S. 820. A bill to amend the Federal Water COLLINS, Mr. CONRAD, Mr. CORNYN, children against crime by eliminating the Pollution Control Act to establish a per- Mr. CORZINE, Mr. CRAIG, Mr. CRAPO, statute of limitations for child abduction chlorate pollution prevention fund and to es- Mr. DAYTON, Mr. DEWINE, Mr. DODD, and sex crimes, providing for registration of tablish safety standards applicable to owners Mrs. DOLE, Mr. DOMENICI, Mr. DOR- child pornographers as sex offenders, estab- and operators of perchlorate storage facili- GAN, Mr. DURBIN, Mr. EDWARDS, Mr. lishing a grant program in support of ties; to the Committee on Environment and ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. AMBER Alert communications plans, and for Public Works. FEINSTEIN, Mr. FITZGERALD, Mr. other purposes; to the Committee on the Ju- By Mr. HARKIN: diciary. S. 821. A bill to accelerate the commer- GRAHAM of Florida, Mr. GRAHAM of By Mr. ALLARD (for himself and Mr. cialization and widespread use of hydrogen South Carolina, Mr. GRASSLEY, Mr. SESSIONS): energy and fuel cell technologies, and for GREGG, Mr. HAGEL, Mr. HARKIN, Mr. S. 811. A bill to support certain housing other purposes; to the Committee on Energy HATCH, Mr. HOLLINGS, Mrs. proposals in the fiscal year 2003 budget for and Natural Resources. HUTCHISON, Mr. INHOFE, Mr. INOUYE, the Federal Government, including the By Mr. KERRY (for himself, Mr. HAR- Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- downpayment assistance initiative under the KIN, Ms. LANDRIEU, Mr. PRYOR, Mr. NEDY, Mr. KERRY, Mr. KOHL, Ms. HOME Investment Partnership Act, and for LIEBERMAN, Mr. DASCHLE, Mr. BINGA- LANDRIEU, Mr. LAUTENBERG, Mr. other purposes; to the Committee on the Ju- MAN, and Mr. JOHNSON): LEAHY, Mr. LEVIN, Mr. LIEBERMAN, diciary. S. 822. A bill to create a 3-year pilot pro- Mrs. LINCOLN, Mr. LOTT, Mr. LUGAR, By Ms. COLLINS (for herself, Mr. gram that makes small, non-profit child care Mr. MCCAIN, Ms. MIKULSKI, Mr. MIL- DASCHLE, Mr. JOHNSON, Mr. NELSON businesses eligible for SBA 504 loans; to the LER, Ms. MURKOWSKI, Mrs. MURRAY, of Florida, and Mr. DURBIN): Committee on Small Business and Entrepre- Mr. NELSON of Florida, Mr. NELSON of S. 812. A bill to amend section 16131 of title neurship. Nebraska, Mr. NICKLES, Mr. PRYOR, 10, United States Code, to increase rates of By Mr. SANTORUM (for himself, Mrs. Mr. REED, Mr. ROBERTS, Mr. ROCKE- educational assistance under the program of LINCOLN, Mr. JEFFORDS, Mr. KYL, Mr. FELLER, Mr. SANTORUM, Mr. SAR- educational assistance for members of the COLEMAN, and Mrs. CLINTON): BANES, Mr. SCHUMER, Mr. SESSIONS, Selected Reserve; to the Committee on S. 823. A bill to amend title XVIII of the Mr. SHELBY, Mr. SMITH, Ms. SNOWE, Armed Services. Social Security Act to provide for the expe- Mr. SPECTER, Ms. STABENOW, Mr. By Mr. CORZINE: ditious coverage of new medical technology SUNUNU, Mr. TALENT, Mr. THOMAS, S. 813. A bill to amend part A of title IV of under the medicare program, and for other Mr. VOINOVICH, Mr. WARNER, and Mr. the Social Security Act to require a State to purposes; to the Committee on Finance. WYDEN): S4958 CONGRESSIONAL RECORD — SENATE April 8, 2003 S. Res. 110. A resolution honoring Mary Telecommunications Act of 1996, and (Mr. HAGEL) was added as a cosponsor Jane Jenkins Ogilvie, wife of former Senate for other purposes. of S. 791, a bill to amend the Clean Air Chaplain, Reverend Dr. Lloyd John Ogilvie; S. 493 Act to eliminate methyl tertiary butyl considered and agreed to. ether from the United States fuel sup- By Mr. SPECTER (for himself and Mr. At the request of Mrs. LINCOLN, the BIDEN): name of the Senator from Minnesota ply, to increase production and use of S. Con. Res. 34. A concurrent resolution (Mr. DAYTON) was added as a cosponsor renewable fuel, and to increase the Na- calling for the prosecution of Iraqis and their of S. 493, a bill to amend title XVIII of tion’s energy independence, and for supporters for war crimes, and for other pur- the Social Security Act to authorize other purposes. poses; to the Committee on Foreign Rela- physical therapists to evaluate and S.J. RES. 1 tions. treat medicare beneficiaries without a At the request of Mr. KYL, the name f requirement for a physician referral, of the Senator from Georgia (Mr. ADDITIONAL COSPONSORS and for other purposes. CHAMBLISS) was added as a cosponsor of S. 516 S.J. Res. 1, a joint resolution proposing S. 85 At the request of Mrs. BOXER, the an amendment to the Constitution of At the request of Mr. LUGAR, the name of the Senator from South Da- the United States to protect the rights name of the Senator from Michigan kota (Mr. JOHNSON) was added as a co- of crime victims. (Mr. LEVIN) was added as a cosponsor of sponsor of S. 516, a bill to amend title S. CON. RES. 7 S. 85, a bill to amend the Internal Rev- 49, United States Code, to allow the At the request of Mr. CAMPBELL, the enue Code of 1986 to provide for a chari- arming of pilots of cargo aircraft, and names of the Senator from Maine (Ms. table deduction for contributions of for other purposes. COLLINS), the Senator from Oregon food inventory. S. 569 (Mr. WYDEN), the Senator from Rhode S. 271 At the request of Mr. ENSIGN, the Island (Mr. REED), the Senator from In- At the request of Mr. SMITH, the names of the Senator from Minnesota diana (Mr. BAYH) and the Senator from name of the Senator from Utah (Mr. (Mr. DAYTON) and the Senator from Florida (Mr. GRAHAM) were added as BENNETT) was added as a cosponsor of North Dakota (Mr. DORGAN) were added cosponsors of S. Con. Res. 7, a concur- S. 271, a bill to amend the Internal as cosponsors of S. 569, a bill to amend rent resolution expressing the sense of Revenue Code of 1986 to allow an addi- title XVIII of the Social Security Act Congress that the sharp escalation of tional advance refunding of bonds to repeal the medicare outpatient reha- anti-Semitic violence within many par- originally issued to finance govern- bilitation therapy caps. ticipating States of the Organization mental facilities used for essential gov- S. 587 for Security and Cooperation in Europe ernmental functions. At the request of Mr. WYDEN, the (OSCE) is of profound concern and ef- S. 331 name of the Senator from Michigan forts should be undertaken to prevent At the request of Mr. DASCHLE, the (Mr. LEVIN) was added as a cosponsor of future occurrences. name of the Senator from Oregon (Mr. S. 587, a bill to promote the use of hy- S. RES. 97 SMITH) was added as a cosponsor of S. drogen fuel cell vehicles, and for other At the request of Mr. GRAHAM of 331, a bill to amend part E of title IV of purposes. Florida, his name was added as a co- the Social Security Act to provide eq- S. 646 sponsor of S. Res. 97, a resolution ex- uitable access for foster care and adop- At the request of Mr. CORZINE, the pressing the sense of the Senate re- tion services for Indian children in name of the Senator from Arkansas garding the arrests of Cuban democ- tribal areas. (Mrs. LINCOLN) was added as a cospon- racy activists by the Cuban Govern- S. 386 sor of S. 646, a bill to amend title XVIII ment. At the request of Mr. CORZINE, the of the Social Security Act to expand f name of the Senator from Michigan and improve coverage of mental health (Ms. STABENOW) was added as a cospon- STATEMENTS ON INTRODUCED services under the medicare program. BILLS AND JOINT RESOLUTIONS sor of S. 386, a bill to establish a grant S. 721 program to enhance the financial and At the request of Mr. ALLEN, the By Mr. LEVIN (for himself and retirement literacy of mid-life and names of the Senator from Texas (Mrs. Ms. STABENOW): older Americans and to reduce finan- HUTCHISON), the Senator from Lou- S. 808. A bill to provide for expansion cial abuse and fraud among such Amer- isiana (Ms. LANDRIEU) and the Senator of Sleeping Bear Dunes National Lake- icans, and for other purposes. from Louisiana (Mr. BREAUX) were shore; to the Committee on Energy and S. 395 added as cosponsors of S. 721, a bill to Natural Resources. Mr. LEVIN. Mr. President, I ask At the request of Mr. GRASSLEY, the amend the Internal Revenue Code of name of the Senator from Washington 1986 to expand the combat zone income unanimous consent that the Sleeping Bear Dunes expansion bill be printed in (Mrs. MURRAY) was added as a cospon- tax exclusion to include income for the sor of S. 395, a bill to amend the Inter- period of transit to the combat zone the Record. There being no objection, the bill was nal Revenue Code of 1986 to provide a 3- and to remove the limitation on such ordered to be printed in the Record, as year extension of the credit for pro- exclusion for commissioned officers, follows: ducing electricity from wind. and for other purposes. S. 808 S. 451 S. 760 Be it enacted by the Senate and House of Rep- At the request of Ms. SNOWE, the At the request of Mr. GRASSLEY, the resentatives of the United States of America in name of the Senator from Louisiana names of the Senator from Missouri Congress assembled, (Mr. BREAUX) was added as a cosponsor (Mr. TALENT) and the Senator from SECTION 1. EXPANSION OF SLEEPING BEAR of S. 451, a bill to amend title 10, Michigan (Mr. LEVIN) were added as co- DUNES NATIONAL LAKESHORE. United States Code, to increase the sponsors of S. 760, a bill to implement (a) IN GENERAL.—When title to the land de- minimum Survivor Benefit Plan basic effective measures to stop trade in con- scribed in subsection (b) has vested in the annuity for surviving spouses age 62 flict diamonds, and for other purposes. United States in fee simple, the boundary of Sleeping Bear Dunes National Lakeshore is and older, to provide for a one-year S. 789 revised to include such land in that park. open season under that plan, and for At the request of Mr. NELSON of Flor- (b) LAND DESCRIBED.—The land referred to other purposes. ida, the name of the Senator from Mas- in subsection (a) consists of approximately S. 480 sachusetts (Mr. KERRY) was added as a 104.45 of unimproved lands generally depicted At the request of Mr. HARKIN, the cosponsor of S. 789, a bill to change the on National Park Service map number 634/ name of the Senator from New York requirements for naturalization 80078, entitled ‘‘Bayberry Mills, Inc. Crystal River, MI Proposed Expansion Unit to Sleep- (Mrs. CLINTON) was added as a cospon- through service in the Armed Forces of ing Bear Dunes National Lakeshore’’. The sor of S. 480, a bill to provide competi- the United States. Secretary of the Interior shall keep such tive grants for training court reporters S. 791 map on file and available for public inspec- and closed captioners to meet require- At the request of Mr. INHOFE, the tion in the appropriate offices of the Na- ments for realtime writers under the name of the Senator from Nebraska tional Park Service. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4959

(c) PURCHASE OF LANDS AUTHORIZED.— (2) in subsection (a)(3)— the remainder of this Act, the amendments (1) IN GENERAL.—The Secretary of the Inte- (A) in clause (vii), by striking ‘‘or’’ at the made by this Act, and the application of the rior may acquire the land described in sub- end; provisions of such to any person or cir- section (b), only by purchase from a willing (B) by redesignating clause (viii) as clause cumstance shall not be affected thereby. seller. (ix); and (2) BUDGET REQUEST.—The Secretary of the (C) by inserting after clause (vii) the fol- By Mr. ALLARD (for himself and Interior shall include in the National Park lowing: Mr. SESSIONS): Service budget submitted for fiscal year 2004 ‘‘(viii) production or distribution of child S. 811. A bill to support certain hous- a request for funds necessary for the acquisi- pornography, as described in section 2251, ing proposals in the fiscal year 2003 tion authorized by this subsection. 2252, or 2252A of title 18, United States Code; budget for the Federal Government, in- (d) LIMITATION ON ACQUISITION BY EX- or’’. cluding the downpayment assistance CHANGE OR CONVEYANCE.—The Secretary of (b) AUTHORIZATION OF APPROPRIATIONS.— initiative under the HOME Investment the Interior may not acquire any of the land There are authorized to be appropriated to described in subsection (b) through any ex- the Department of Justice, for each of fiscal Partnership Act, and for other pur- change or conveyance of lands that are with- years 2004 through 2007, such sums as may be poses; to the Committee on the Judici- in the boundary of the Sleeping Bear Dunes necessary to carry out the amendments ary. National Lakeshore as of the date of the en- made by this section. Mr. ALLARD. Mr. President, I rise actment of this Act. SEC. 4. GRANT PROGRAM FOR NEW TECH- today to introduce the American NOLOGIES TO IMPROVE AMBER Dream Downpayment Act. I am pleased By Mr. DEWINE (for himself, Mr. ALERT COMMUNICATIONS PLANS. to have Senator SESSIONS join me in in- GRASSLEY, Mr. SHELBY, and (a) PROGRAM REQUIRED.—The Attorney troducing this bill. Mrs. HUTCHISON): General of the United States shall carry out Homeownership has long been the S. 810. A bill to enhance the protec- a program to provide grants to States for the American dream, and we are incredibly tion of children against crime by elimi- development or enhancement of programs fortunate that in America more and nating the statute of limitations for and activities for the support of AMBER Alert communications plans. more families have been able to child abduction and sex crimes, pro- (b) ACTIVITIES.—Activities funded by achieve the dream of homeownership. viding for registration of child pornog- grants under the program under subsection In fact, right now more American fami- raphers as sex offenders, establishing a (a) may include the development and imple- lies own their home than ever before, grant program in support of AMBER mentation of new technologies to improve and that number continues to increase. Alert communications plans, and for AMBER Alert communications. However, for some working families, other purposes; to the Committee on (c) FEDERAL SHARE.—The Federal share of low income families, women-headed the Judiciary. the cost of any activities funded by a grant households, minority families, urban under the program under subsection (a) may Mr. DEWINE. Mr. President, I ask dwellers, and young families the dream not exceed 50 percent of the total cost there- unanimous consent that the text of the of. of homeownership remains elusive. This is particularly true for minority bill be printed in the RECORD. (d) DISTRIBUTION OF GRANT AMOUNTS ON There being no objection, the bill was GEOGRAPHIC BASIS.—The Attorney General families. While Americans enjoy the ordered to be printed in the RECORD, as shall, to the maximum extent practicable, world’s greatest opportunities for be- follows: ensure the distribution of grants under the coming homeowners, only 47 percent of S. 810 program under subsection (a) on an equitable African-American and Hispanic fami- basis throughout the various regions of the Be it enacted by the Senate and House of Rep- lies own their homes, as compared to 75 United States. resentatives of the United States of America in percent of white families. (e) ADMINISTRATION.—The Attorney Gen- Congress assembled, We must eliminate this gap in home- eral shall prescribe requirements, including SECTION 1. SHORT TITLE. ownership, so I am pleased to join with application requirements, for grants under President Bush and Secretary Martinez This Act may be cited as the ‘‘Protecting the program under subsection (a). Children Against Crime Act of 2003’’. (f) AUTHORIZATION OF APPROPRIATIONS.— in the initiative to create 5.5 million SEC. 2. NO STATUTE OF LIMITATIONS FOR CHILD (1) IN GENERAL.—There is authorized to be new minority homeowner families by ABDUCTION AND SEX CRIMES. appropriated to the Department of Justice the end of the decade. (a) STATUTE OF LIMITATIONS.— $5,000,000 for each of fiscal years 2004 through One key component of this initiative (1) IN GENERAL.—Chapter 213 of title 18, 2007, to carry out this section. is the American Dream Downpayment United States Code, is amended by adding at (2) AVAILABILITY.—Amounts appropriated Initiative, which I am pleased to intro- the end the following: pursuant to the authorization of appropria- duced today in the Senate. This bill ‘‘§ 3297. Child abduction and sex offenses tions in paragraph (1) shall remain available will provide $200 million annually to ‘‘Notwithstanding any other provision of until expended. State and local governments for down- law, an indictment may be found or an infor- SEC. 5. NATIONAL RESEARCH COUNCIL STUDY payment assistance programs. mation instituted at any time without limi- AND REPORT CONCERNING ON-LINE One of the greatest barriers for fami- tation for any offense under section 1201 in- PORNOGRAPHY. volving a minor victim, and for any felony (a) STUDY.—The National Research Council lies in becoming homeowners is their under chapter 109A, 110, or 117, or section of the National Academy of Sciences shall inability to afford the downpayment 1591.’’. conduct a study of— requirements and closing costs. These (2) CLERICAL AMENDMENT.—The table of (1) the extent to which it is possible for are hard working families that can sections at the beginning of chapter 213 of Internet service providers to monitor Inter- make mortgage payments, they simply title 18, United States Code, is amended by net traffic to detect illicit child pornography need assistance with the downpayment adding at the end the following new item: sites on the Internet, and the extent to and closing costs. ‘‘3297. Child abduction and sex offenses.’’. which they do so; The American Dream Downpayment (2) the extent to which purveyors use cred- (b) APPLICATION.—The amendments made Initiative will create 40,000 new home- it cards to facilitate the sale of illegal child by this section shall apply to the prosecution pornography on the Internet; owners each year, focusing on low-in- of any offense committed before, on, or after (3) which credit card issuers have in place come and first-time homebuyers. And the date of the enactment of this section. a system to facilitate the identification of because the initiative will be adminis- SEC. 3. REGISTRATION OF CHILD PORNOG- purveyors who use credit cards to facilitate tered through HUD’s existing HOME RAPHERS IN THE NATIONAL SEX OF- FENDER REGISTRY. the sale of illicit child pornography; and program, it will minimize bureaucracy (4) options for encouraging greater report- (a) JACOB WETTERLING CRIMES AGAINST and duplication while maximizing ing of such illicit transactions to law en- CHILDREN AND SEXUALLY VIOLENT OFFENDER flexibility for local jurisdictions. forcement officials. REGISTRATION PROGRAM.—Section 170101 of Homeownership has many benefits subtitle A of title XVII of the Violent Crime (b) REPORT TO CONGRESS.—Not later than for cities, neighborhood, and families. 12 months after the date of enactment of this Control and Law Enforcement Act of 1994 (42 In fact, a study released by the Home- U.S.C. 14071(a)) is amended— Act, the National Research Council shall submit a report to the Congress on the study ownership Alliance revealed that chil- (1) by striking the section heading and in- dren living in an owned home scored serting the following: conducted under subsection (a). SEC. 6. SEVERABILITY. nine percent higher on math tests and ‘‘SEC. 170101. JACOB WETTERLING CRIMES seven percent higher in reading AGAINST CHILDREN AND SEXUALLY If any provision of this Act, an amendment VIOLENT OFFENDER REGISTRATION made by this Act, or the application of such achievement. PROGRAM.’’; provision or amendment to any person or Homeownership has the power to and circumstance is held to be unconstitutional, transform individual lives and to S4960 CONGRESSIONAL RECORD — SENATE April 8, 2003 strengthen entire communities. In- section shall not be subject to the provisions Through this legislation, we week to creasing homeownership, particularly of this title. promote both service to country and among minorities, is a top goal for me. ‘‘(2) APPLICABLE PROVISIONS.—In addition education in a way that is both logical to the requirements of this section, grants The $200 million for the American made under this section shall be subject to and fair. Members of our National Dream Downpayment Fund will help the provisions of title I, sections 215(b), 218, Guard and Reserve are members of our make that dream come true for more 219, 221, 223, 224, and 226(a) of subtitle A of communities. The skills they learn American families. this title, and subtitle F of this title. from military service are reflected in I look forward to the opportunity to ‘‘(3) REFERENCES.—In applying the require- the positions of leadership they assume working with my colleagues to get the ments of subtitle A referred to in paragraph among us. These citizen-soldiers have American Dream Downpayment Initia- (2)— demonstrated their commitment to ‘‘(A) any references to funds under subtitle serve and as members of the ‘‘total tive enacted into law. A shall be considered to refer to amounts I ask unanimous consent that the made available for assistance under this sec- force’’ deserve opportunities to further text of the bill be printed in the tion; and improve themselves through the civil- RECORD. ‘‘(B) any references to funds allocated or ian educational opportunities the There being no objection, the bill was reallocated under section 217 or 217(d) shall Montgomery GI bill promotes. Service be considered to refer to amounts allocated ordered to be printed in the RECORD, as and education are prerequisites of a or reallocated under subsection (d) or (e) of follows: strong, vibrant democracy. This legis- this section, respectively. lation seeks to further this combined S. 811 ‘‘(g) ADMINISTRATIVE COSTS.—Notwith- effort. Be it enacted by the Senate and House of Rep- standing section 212(c), a participating juris- diction may use funds under subtitle A for The original GI bill, known as the resentatives of the United States of America in Servicemen’s Readjustment Act, was Congress assembled, administrative and planning costs of the ju- risdiction in carrying out this section, and enacted in 1944. That bill provided a SECTION 1. SHORT TITLE. the limitation in section 212(c) shall be based $500 annual education stipend as well This Act may be cited as the ‘‘American on the total amount of funds available under Dream Downpayment Act’’. as a $50 subsistence allowance. As a re- subtitle A and this section. sult of this initiative, 7.8 million World SEC. 2. DOWNPAYMENT ASSISTANCE INITIATIVE ‘‘(h) FUNDING.— War II veterans were able to take ad- UNDER HOME PROGRAM. ‘‘(1) FISCAL YEAR 2002.—This section con- (a) DOWNPAYMENT ASSISTANCE INITIATIVE.— stitutes the subsequent legislation author- vantage of post-service education and Subtitle E of title II of the Cranston-Gon- izing the Downpayment Assistance Initiative training opportunities, including more zalez National Affordable Housing Act (42 referred to in the item relating to the than 2.2 million veterans who went on U.S.C. 12821) is amended to read as follows: ‘HOME Investment Partnerships Program’ in to college. My own father was among ‘‘Subtitle E—Other Assistance title II of the Departments of Veterans Af- those veterans who volunteered for the ‘‘SEC. 271. DOWNPAYMENT ASSISTANCE INITIA- fairs and Housing and Urban Development, war, fought bravely, and then returned TIVE. and Independent Agencies Appropriations to college with assistance from the GI ‘‘(a) GRANT AUTHORITY.—The Secretary Act, 2002 (Public Law 107–73; 115 Stat. 666). bill. may make grants to participating jurisdic- ‘‘(2) SUBSEQUENT FISCAL YEARS.—There is Since the 1940’s various versions of tions to assist low-income families to authorized to be appropriated to carry out this section $200,000,000 for each of fiscal servicemen’s education assistance have achieve homeownership, in accordance with allowed millions of veterans to take this section. years 2003 through 2006.’’. ‘‘(b) RELOCATION ASSISTANCE AND DOWNPAY- advantage of educational opportuni- ‘‘(b) ELIGIBLE ACTIVITIES.— MENT ASSISTANCE.—Subtitle F of title II of ties. Over time, however, inflation and ‘‘(1) IN GENERAL.—Grants made under this the Cranston-Gonzalez National Affordable section may be used only for downpayment the escalating costs of higher edu- Housing Act is amended by inserting after assistance toward the purchase of single cation have eroded the value of those section 290 (42 U.S.C. 12840) the following: family housing by low-income families who educational benefits. During the 107th are first-time homebuyers. SEC. 291. RELOCATION ASSISTANCE AND DOWN- Congress with the enactment of Public PAYMENT ASSISTANCE. ‘‘(2) DEFINITION.—For purposes of this sub- ‘‘The Uniform Relocation Assistance and Law 107–103 Senator JOHNSON and I, title, the term ‘downpayment assistance’ Real Property Acquisition Act of 1970 (84 along with many of our colleagues, means assistance to help a family acquire a Stat. 1894) shall not apply to downpayment made great strides returning value to principal residence. assistance under this title.’’. educational assistance benefits avail- ‘‘(c) HOUSING STRATEGY.—To be eligible to able for active component service receive a grant under this section for a fiscal By Ms. COLLINS (for herself, Mr. year, a participating jurisdiction shall in- members and veterans. More remains DASCHLE, Mr. JOHNSON, Mr. clude in its comprehensive housing afford- to be done. ability strategy submitted under section 105 NELSON of Florida, and Mr. The United States military is an all for such year, a description of the use of the DURBIN): volunteer force. In times of peace and grant amounts. S. 812. A bill to amend section 16131 prosperity and in times of trial, we rely ‘‘(d) FORMULA ALLOCATION.— of title 10, United States Code, to in- on young men and women to come for- ‘‘(1) IN GENERAL.—For each fiscal year, the crease rates of educational assistance ward of their own accord to stand up Secretary shall allocate any amounts made under the program of educational as- for our collective defense. Though serv- available for assistance under this section sistance for members of the Selected ice to country and patriotism, particu- for the fiscal year in accordance with a for- Reserve; to the Committee on Armed mula, established by the Secretary, that con- larly in times of crisis, factor into re- siders a participating jurisdiction’s need for Services. cruiting this all volunteer force, bene- and prior commitment to assistance to Ms. COLLINS. Mr. President, at a fits still do and ought to matter. We homebuyers. time when our men and women in uni- must remain vigilant, as we are con- ‘‘(2) ALLOCATION AMOUNTS.—The formula form are fighting valiantly to bring stantly recruiting new members of our referred to in paragraph (1) may include min- peace and opportunity to an oppressed armed forces, ensuring the benefits imum and maximum allocation amounts. people and ensure the security of our these individuals receive from military ‘‘(e) REALLOCATION.— homeland, I am pleased to introduce service are commensurate with the ‘‘(1) IN GENERAL.—Except as provided in the Selected Reserve Educational As- service they render to this nation. paragraph (2), if any amounts allocated to a sistance Act of 2003 to extend the op- participating jurisdiction under this section At its inception in 1985, the Reserve become available for reallocation, the portunity of higher education to many Montgomery GI bill program, had been amounts shall be reallocated to other par- of those very same men and women in pegged at 47 percent of basic active ticipating jurisdictions in accordance with uniform. This legislation provides our component Montgomery GI bill bene- the formula established pursuant to sub- National Guard and Reserve personnel, fits. During the ensuing 18 years, the section (d). hundreds of thousands of whom are parity of the reserve program with its ‘‘(2) EXCEPTION.—If a local participating ju- currently mobilized, deployed, and active duty counterpart has slipped. At risdiction failed to receive amounts allo- fighting around the globe, with edu- present the Chapter 1606 program, Se- cated under this section and is located in a cational opportunities as intended by State that is a participating jurisdiction, the lected Reserve Montgomery GI bill, is funds shall be reallocated to the State. the Montgomery GI bill. I am pleased only about 28 percent of the Chapter 30 ‘‘(f) APPLICABILITY OF OTHER PROVISIONS.— that my colleagues, Senators TOM program. This legislation attempts to ‘‘(1) IN GENERAL.—Except as otherwise pro- DASCHLE, TIM JOHNSON, and BILL NEL- bring the reserve program back in line vided in this section, grants made under this SON, have joined as cosponsors. with the active component benefit. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4961 In each of the last three years over ‘‘(B) For a program of education pursued cashed at check cashing outlets are 75,000 National Guard and Reserve on a three-quarter-time basis, at the month- government benefit checks—including members have taken advantage of Vet- ly rate of— welfare benefit checks. erans Administration educational ben- ‘‘(i) for months occurring during fiscal In addition to expanding the number year 2004, $321; of banks that do business in low-in- efits for pursuing their educational or ‘‘(ii) for months occurring during fiscal vocational objectives. While those cit- year 2005, $355; and come communities, educating low-in- izen-soldiers currently mobilized may ‘‘(iii) for months occurring during a subse- come unbanked families about the ben- become eligible for veterans benefits, quent fiscal year, the amount for months oc- efits of formal checking and savings we must correct the disparity between curring during the previous fiscal year, in- accounts can significantly improve ac- the active and reserve Montgomery GI creased under paragraph (2). cess to financial services. bill programs. Only two benefit in- ‘‘(C) For a program of education pursued But, financial education isn’t just creases have been legislated in the re- on a half-time basis, at the monthly rate of— about bank accounts and savings. It is ‘‘(i) for months occurring during fiscal also about protecting low-income fami- serve program since its inception in year 2004, $214; 1985, other than cost-of-living in- lies form predatory lending and dev- ‘‘(ii) for months occurring during fiscal astating credit arrangements. Finan- creases. The reserve Montgomery GI year 2005, $237; and bill benefit for full-time study stands ‘‘(iii) for months occurring during a subse- cial education that addresses abusive at $276 compared to $985 per month for quent fiscal year, the amount for months oc- lending practices can help prevent the Title 38 program. This legislation curring during the previous fiscal year, in- unaffordable loan payments, equity will bring the reserve Montgomery GI creased under paragraph (2).’’. stripping, and foreclosure. I strongly bill benefit to $428 per month in fiscal (b) EFFECTIVE DATE.—The amendment support legislative efforts to end preda- made by subsection (a) shall take effect on tory lending practices in our country, year 2004 and $473 per month in fiscal October 1, 2003, and shall apply with respect year 2005 and continue out-year in- but until we do, ensuring that con- to months that begin on or after the date. sumers are aware of unfair and abusive creases in accordance with advances in (c) CPI ADJUSTMENT.—No adjustment shall the consumer price index. be made under paragraph (2) of section loan terms is a measure that will pro- The Military Coalition comprised of 16131(b) of title 10, United States Code, for vide them some protection from these 33 member organizations representing fiscal years 2004 and 2005. tactics. Finally, families leaving welfare for over 5.5 million veterans and family work face many challenges, including members endorses rate increases and By Mr. CORZINE: S. 813. A bill to amend part A of title securing child care and transportation. funds for the reserve Montgomery GI IV of the Social Security Act to re- One challenge that often is not men- bill program so that National Guard quire a State to promote financial edu- tioned, however, is the challenge of and Reserve service members can reap cation under the temporary assistance transitioning from a benefits-based in- an educational return on their vol- to needy families program and to allow come to a wage income. Financial lit- untary service to country. financial education to count as a work eracy programs that educate families It is time to return reserve edu- activity under that program; to the transitioning from welfare to work cational assistance benefits to the Committee on Finance. about taxes and tax benefits that they level intended by the original drafting Mr. CORZINE. Mr. President, I rise may be eligible for, such as the De- of the Reserve Montgomery GI Bill. today with my colleagues Senators pendent Care Tax Credit and the Coupling and reinforcing service with AKAKA and SARBANES to introduce the Earned Income Tax Credit, will ensure higher education will pay dividends for Financial Literacy for Self-Sufficiency that they have access to these impor- our future security, strength and pros- Act. tant work benefits. perity. This legislation fulfills the Our bill would require States to pro- The Financial Literacy for Self-Suffi- promise made to our Nation’s service mote financial education through their ciency Act will allow States to use members, helps with recruiting and re- TANF, Temporary Assistance to Needy their TANF funds to collaborate with tention, strengthens the economy, and Families, programs. Financial edu- community-based organizations, partly offsets the increasing costs of cation—education that promotes an banks, and community colleges to cre- higher education. understanding of consumer, economic, ate financial education programs for I urge all Members of the Senate to and personal finance concepts—is ex- low-income families receiving welfare join me in support of the Selected Re- tremely important for all families, and and for those transitioning from wel- serve Educational Assistance Act of is especially important for low-income fare to work. As Federal Reserve Chair- 2003 and quickly pass this legislation. families who are moving from welfare man Alan Greenspan Chairman Green- I ask unanimous consent that the to work. span has noted, ‘‘Educational and text of the bill be printed in the While TANF focuses on moving fami- training programs may be the most RECORD. lies off cash assistance and into work, critical service offered by community- There being no objection, the bill was it fails to provide recipients with the based organizations to enhance the ordered to be printed in the RECORD, as tools they need to maximize their earn- ability of low-income households to ac- follows: ings and manage their expenses in cumulate assets.’’ S. 812 order to achieve financial stability I hope members of the Senate Fi- Be it enacted by the Senate and House of Rep- once they are employed. If we truly ex- nance Committee will join my col- resentatives of the United States of America in pect to move these families to achieve leagues and me in promoting financial Congress assembled, financial independence, we must give education for our nation’s TANF re- SECTION 1. INCREASE IN RATES OF EDU- cipients when they act to create a re- CATIONAL ASSISTANCE UNDER PRO- them the tools they will need to make GRAM OF EDUCATIONAL ASSIST- that transition. authorization framework for our na- ANCE FOR MEMBERS OF THE SE- One of these tools is a bank account. tion’s welfare program. LECTED RESERVE. Millions of low-income families remain I ask unanimous consent that the (a) INCREASE IN RATES.—Section 16131(b)(1) outside of the formal banking system, text of the legislation be printed in the of title 10, United States Code, is amended by with many of them spending too much RECORD. striking subparagraphs (A) through (C) and There being no objection, the bill was inserting the following new subparagraphs of their hard-earned dollars at costly ordered to be printed in the RECORD, as (A) through (C): check cashing operations. In fact, more ‘‘(A) For a program of education pursued than eight million families earning follows: on a full-time basis, at the monthly rate of— under $25,000 a year lack a checking or S. 813 ‘‘(i) for months occurring during fiscal savings account. A study conducted by Be it enacted by the Senate and House of Rep- year 2004, $428; the United States Department of the resentatives of the United States of America in Congress assembled, ‘‘(ii) for months occurring during fiscal Treasury in 2000 found that a worker year 2005, $473; and SECTION 1. SHORT TITLE. ‘‘(iii) for months occurring during a subse- earning $12,000 a year would pay ap- This Act may be cited as the ‘‘TANF Fi- quent fiscal year, the amount for months oc- proximately $250 a year just to cash nancial Education Promotion Act of 2003’’. curring during the previous fiscal year, in- their payroll checks at such an outlet. SEC. 2. FINDINGS. creased under paragraph (2). And, nearly 16 percent of the checks Congress makes the following findings: S4962 CONGRESSIONAL RECORD — SENATE April 8, 2003 (1) Most recipients of assistance under the BURNS, Mr. BINGAMAN, Mr. JEF- To address these problems, the bill temporary assistance to needy families pro- FORDS, Mr. JOHNSON, Mr. LEVIN, we are introducing today would take gram established under part A of title IV of Mr. TALENT, Mr. DAYTON, Mr. many important steps to improve the the Social Security Act (42 U.S.C. 601 et seq.) BOND, Mr. EDWARDS, Mr. COCH- rural health care system. and individuals moving toward self-suffi- ciency operate outside the financial main- RAN, Mr. PRYOR, Mrs. MURRAY, First, it would provide a much-need- stream, paying high costs to handle their fi- Ms. SNOWE, Mr. COLEMAN, and ed low-volume adjustment payment. nances and saving little for emergencies or Ms. CANTWELL): Today, it is nearly impossible for rural the future. S. 816. A bill to amend title XVII of hospitals to take advantage of econo- (2) Currently, personal debt levels and the Social Security Act to protect and mies of scale realized by facilities lo- bankruptcy filing rates are high and savings preserve access of Medicare bene- cated in larger communities. This situ- rates are at their lowest levels in 70 years. ficiaries to health care provided by ation has resulted in the majority of The inability of many households to budget, hospitals in rural areas, and for other small facilities losing money. To ad- save, and invest prevents them from laying purposes; to the Committee on Fi- the foundation for a secure financial future. dress this problem, our bill would pro- (3) Financial planning can help families nance. vide a new, extra payment to hospitals meet near-term obligations and maximize Mr. CONRAD. Mr. President, today, serving less than 2,000 patients per their longer-term well being, especially valu- Senator THOMAS and I would like to in- year. This provision would provide up able for populations that have traditionally troduce the Health Care Access and to 25 percent in additional funding to been underserved by our financial system. Rural Equity, (H–CARE), Act of 2003. help rural providers cover inpatient (4) Financial education can give individ- This proposal is the result of a hospital services. uals the necessary financial tools to create tripartisan and Bicameral effort. We Second, H–CARE would close the gap household budgets, initiate savings plans, are proud to be joined by 24 Members in payments hospitals receive for serv- and acquire assets. who also support the bill, including— ing low-income patients. It would do (5) Financial education can prevent vulner- Senators HARKIN, GRASSLEY, ROBERTS, able customers from becoming entangled in this by allowing rural hospitals to re- DASCHLE, DORGAN, SMITH, JOHNSON, financially devastating credit arrangements. ceive the same level of special ‘‘Dis- (6) Financial education that addresses abu- LINCOLN, DOMENICI, ROCKEFELLER, proportionate Share—or DISH Pay- sive lending practices targeted at specific BURNS, BINGAMAN, JEFFORDS, COCHRAN, ments’’ currently available to urban neighborhoods or vulnerable segments of the LEVIN, TALENT, EDWARDS, BOND, providers. population can prevent unaffordable pay- PRYOR, DAYTON, SNOWE, CANTWELL and Third, our legislation would take ments, equity stripping, and foreclosure. MURRAY. I would also like to thank our steps to permanently equalize the (7) Financial education speaks to the House companions, led by Representa- ‘‘base payment amount,’’ which has broader purpose of the temporary assistance tives MORAN (R–KS), and POMEROY. to needy families program to equip individ- been 1.6 times higher for urban facili- Working together, I believe we are ties. The recent Omnibus bill tempo- uals with the tools to succeed and support taking important steps toward improv- rarily fixed this problem—but only themselves and their families in self-suffi- ing access to health care in our rural ciency. until the end of FY03. Our bill finishes communities. SEC. 3. REQUIREMENT TO PROMOTE FINANCIAL In addition, I would like to thank the the job. EDUCATION UNDER TANF. Fourth, this legislation would help National Rural Health Association, the (a) STATE PLAN.—Section 402(a)(1)(A) of the hospitals better meet labor costs by Social Security Act (42 U.S.C. 602(a)(1)(A)) is Federation of American Hospitals, the making some needed improvements to amended by adding at the end the following: American Hospital Association, Pre- the Medicare ‘‘wage index’’ calcula- ‘‘(vii) Establish goals and take action to mier Hospital Alliance and the Coali- promote financial education, as defined in tion representing Sole Community tion. Across the Nation, rural hospitals section 407(j), among parents and caretakers Hospitals for their support of this ef- have reported that the wage index does receiving assistance under the program fort. not accurately account for labor costs through collaboration with community- As my colleagues may know, rural in their area. Our bill takes steps to based organizations, financial institutions, address this problem. and the Cooperative State Research, Edu- health care providers are often forced to operate with significantly less re- Fifth, our bill would ensure that cation, and Extension Service of the Depart- rural hospitals continue to be paid fair- ment of Agriculture.’’. sources that larger, urban facilities. In (b) INCLUSION OF FINANCIAL EDUCATION AS A my State of North Dakota, rural hos- ly for outpatient services. It does this WORK ACTIVITY.—Section 407 of the Social pitals often receive only half the reim- by extending a provision in current law Security Act (42 U.S.C 607) is amended— bursement of their urban counter- that protects these hospitals against (1) in subsection (c)(1)— parts—for treating the same patient. losses under the current Medicare pay- (A) in subparagraph (A), by striking ‘‘or ment system. It also includes measures (12)’’ and inserting ‘‘(12), or (13)’’; and For example, a rural facility in North Dakota receives approximately $4,200 to protect rural hospitals’ access to lab (B) in subparagraph (B), by striking ‘‘or services. (12)’’ each place it appears and inserting for treating pneumona, while a hos- ‘‘(12), or (13)’’; pital in New York City can receive I am happy to say that this set of (2) in subsection (d)— more than $8,500. proposals would go a long way toward (A) in paragraph (11), by striking ‘‘and’’ at This funding disparity is simply un- placing rural facilities on much sound- the end; fair and has placed many rural pro- er financial footing. Let me provide (B) in paragraph (12), by striking the pe- viders on shaky ground. Continued some examples. riod and inserting ‘‘; and’’; and funding shortfalls have resulted in Today, the average small hospital lo- (C) by adding at the end the following: rural providers having much tighter in- cated in the Midwest receives $3,926 as ‘‘(13) financial education, as defined in sub- patient cost margins than their urban an average payment for inpatient serv- section (j).’’; and ices. If all the changes laid out in our (3) by adding at the end the following: counterparts—today, the average rural ‘‘(j) DEFINITION OF FINANCIAL EDUCATION.— hospital operates with a slim 3.9 per- bill are enacted, this will improve pay- In this part, the term ‘financial education’ cent cost margin compared to 11.3 per- ments to smaller rural hospitals by means education that promotes an under- cent for urban providers). This situa- about 25 percent. standing of consumer, economic, and per- tion has resulted in more than 43 per- If you look at a more specific serv- sonal finance concepts, including the basic cent of rural hospitals operating in the ice—such as treating pneumonia—this principles involved with earning, budgeting, red. same hospital would see payments in- spending, saving, investing, and taxation.’’. When you look at overall cost mar- crease from about $4,326 to $5,405. These (c) EFFECTIVE DATE.—The amendments made by this section take effect on October gins, the situation is even more bleak— increases are clearly big improve- 1, 2003. rural providers are working with an av- ments, which will bring reimburse- erage negative 2.9 percent Medicare ments for rural hospitals more in line By Mr. CONRAD (for himself, Mr. margin, compared to 6.3 percent for with their costs. THOMAS, Mr. HARKIN, Mr. urban hospitals). Our rural facilities Before I close, I’d also like to men- GRASSLEY, Mr. SMITH, Mr. cannot continue to provide high qual- tion that this bill would establish a ROCKEFELLER, Mr. ROBERTS, ity services if they lose nearly 3 per- new grant program to help rural hos- Mr. DASCHLE, Mr. DORGAN, Mr. cent on every Medicare patient they pitals repair crumbling buildings. DOMENICI, Mrs. LINCOLN, Mr. serve. Under this program, rural providers April 8, 2003 CONGRESSIONAL RECORD — SENATE S4963 could apply for up to $5m in loan as- percentage of these types of patients S. 817. A bill to amend chapter 111 of sistance. It is my hope these resources served. However, small, rural hospital title 28, United States Code, relating to will help strengthen the infrastructure add-on payments are capped at 10 per- protective orders, sealing of cases, dis- of our Nation’s rural hospitals. cent. H–CARE eliminates the Sole closures of discovery information in Finally, our bill includes a set of pro- Community Hospital and small rural civil actions, and for other purposes; to visions that will make small—but im- hospital caps, bringing their payments the Committee on the Judiciary. portant—changes to the Critical Access in line with the benefits urban facili- Mr. KOHL. Mr. President, I rise Hospital, CAH, program. These include ties received. today to introduce the Sunshine in measures to ensure CAHs have 24-hour This legislation permanently closes Litigation Act of 2003, a measure to ad- emergency on-call providers and to en- the gap between urban and rural dress the abuse of secrecy orders issued sure they can afford to provide quality ‘’standardized payment’’ levels. Inpa- by federal courts. All too often, courts ambulance care. tient hospital payments are calculated sign off on secret settlements that In total, the changes laid out in our by multiplying several different fac- shield important public health and bill will bring more than $72 million in tors, including a standardized payment safety information from the public new resources to my State of North amount. The fiscal year 2003 appropria- view from mothers and fathers and Dakota over the next ten years. The tions bill corrected the 1.6 percent dis- children whose lives are potentially at bill will provide similar benefits to parity, but the provision expires at the stake, and from public officials we other rural States. end of the fiscal year. have asked to protect our health and Thank you again to my Senate and Our bill also acknowledges that low- safety. House colleagues, as well as the organi- volume hospitals have a higher cost per The problem is a simple one and has zations who worked with us, for your case, which results in negative oper- been recurring for decades. An indi- cooperation in developing this impor- ation margins. To alleviate this prob- vidual brings a cause of action against tant health care proposal. It is my lem, H–CARE creates a low-volume in- a manufacturer for an injury or fatal- hope that this legislation will help to patient payment adjustment for hos- ity resulting from a product defect. strengthen and sustain our Nation’s pitals that have less than 2,000 annual The plaintiff, often reticent to con- rural health care system. discharges per year and are located tinue the litigation process because of Mr. THOMAS. Mr. President, I am more than 15 miles from another hos- grief or lack of resources, settles the pleased to rise today to introduce the pital. This provision will improve pay- lawsuit quickly. In exchange, the de- ‘‘Health Care Access and Rural Equity ments for more than one-third of all fendant insists that the plaintiff agree Act (H–CARE) of 2003’’ with Senator rural hospitals. Almost two-thirds of to the inclusion of a confidentiality CONRAD and fellow Senate Rural Health Wyoming hospitals would qualify for clause. This mechanism prevents either Caucus members, Senators HARKIN, the low-volume provisions in H–CARE, party from disclosing information re- GRASSLEY, JOHNSON, ROBERTS, DOMEN- which would result in $26.5 million in vealed during the process of litigation. ICI, DASCHLE, BINGAMAN, BOND, LIN- increased payments over 10 years. Both of the parties to the lawsuit be- COLN, COCHRAN, BURNS, ROCKEFELLER, Rural hospitals have long sought lieve that they have ‘‘won’’: the plain- JEFFORDS, TALENT, LEVIN, SMITH, DAY- changes to the wage index which ad- tiff won a satisfactory financial settle- TON, SNOWE, EDWARDS, CANTWELL, DOR- justs hospital inpatient payments to ment, and the defendant won the right reflect the effect of their labor costs. GAN, COLEMAN and MURRAY. As always, to conceal ‘‘smoking gun’’ documents. it is important to note that rural Currently, the labor-related share of But not everybody wins. Future vic- health care legislation has a long his- hospital inpatient payments is set na- tims of injuries or fatalities resulting tory of bipartisan and bicameral col- tionally at 71 percent. As rural hos- from the same product defect lose, be- laboration and cooperation. pitals generally have a lower wage cause they or their families must ‘‘re- The ‘‘Health Care Access and Rural index than their urban counterparts, invent the wheel’’ as they litigate vir- Equity Act of 2003’’ will go a long way their inpatient payment is adjusted tually the same case. Even worse, the in addressing current inequities in the downward. H–CARE would lower the American public loses with this out- Medicare payment system that contin- labor-related percent from 71 percent come, because they remain unaware of ually place rural providers at a dis- to 62 percent, which will increase pay- the critical public health and safety in- advantage. This legislation recognizes ments to rural hospitals. formation which could prevent harm There are now more than 700 hos- the unique needs of rural hospitals and and save lives. pitals nationwide that have converted levels the playing field between them Currently, judges have broad discre- to Critical Access Hospital status. This and their urban counterparts. tion in granting protective orders when program was created in the Balanced Rural hospitals are more dependent ‘‘good cause’’ is shown. But these pro- Budget Act of 1997 and allows our on Medicare payments as part of their tective orders are being misused. To- smallest communities crucial access to total revenue. In fact, Medicare ac- bacco companies, automobile manufac- 24 hour emergency services and some counts for almost 70 percent of total turers and pharmaceutical companies hospital care in their home towns. Al- revenue for small, rural hospitals. have settled with victims and used the most 25 percent of my State’s hospitals Rural hospitals have lower patient vol- legal system to hide information have downsized to Critical Access Hos- which, if it became public, could pro- umes, but must compete nationally to pital status. H–CARE contains several tect the American public but endanger recruit providers due to the nursing provisions to strengthen this impor- and other health professional work- tant rural hospital program. their business or reputation. We can all force shortages. It is time for the Federal Govern- agree that the only appropriate use for Additional burdens are placed on ment to recognize that rural hospitals such orders is to protect trade secrets rural hospitals because of higher unin- are long overdue for a fair shake from and other truly confidential company sured rates in rural America. Also, sen- the Medicare program. Rural providers information and our legislation makes iors living in rural areas tend to be care for patients under different cir- sure it is protected. But protective or- poorer and have more chronic condi- cumstances than urban hospitals and ders are certainly not supposed to be tions than their urban and suburban H–CARE ensures that rural hospitals used to hide public safety information counterparts. are paid accurately and fairly. I strong- from the public, especially when such H–CARE recognizes the special cir- ly encourage all my colleagues with an information is neither trade secret nor cumstances faced by rural hospitals interest in rural health to cosponsor proprietary. and addresses these issues by equal- this legislation. There are no records kept of the izing Medicare Disproportionate Share I also want to thank the American number of confidentiality orders ac- Hospital, DSH, payments. These add-on Hospital Association, the Federation of cepted by state or federal courts. How- payments help hospitals cover the American Hospitals, Premier and the ever, anecdotal evidence suggests that costs of serving a high proportion of National Rural Health Association for court secrecy and confidential settle- low income and uninsured patients. their work and support in this effort. ments are prevalent. Let me share Current law allows urban facilities to some examples that illustrate the dan- receive unlimited add-ons based on the By Mr. KOHL: gerous and often deadly consequences S4964 CONGRESSIONAL RECORD — SENATE April 8, 2003 that result from protective orders: Al- the Judiciary Committee in January rulemaking activities. These roles can though an internal memo suggests that 2001, Attorney General John Ashcroft sometimes come into conflict. General Motors, ‘‘GM’’, was aware of voiced his support for this legislation, The ‘‘Independent Office of Advocacy the risk of fire deaths from crashes of saying, ‘‘I think unnecessarily hiding Act of 2003’’ resolves such conflicts in pickup trucks with ‘‘side saddle’’ fuel or otherwise concealing from the pub- favor of the small businesses that rely tanks, an estimated 750 people were lic those [public health and safety haz- on the Chief Counsel and the Office of killed in fires involving these fuel ards] would be against the interests of Advocacy to be a fully independent ad- tanks. When victims sued, GM dis- the people . . . I think there’s great vocate within the Executive Branch closed documents only under protec- danger in not providing public informa- acting on their behalf. The bill would tive orders and settled these cases only tion.’’ establish a clear mandate that the Of- on the condition that these documents This legislation does not prohibit se- fice of Advocacy must fight on behalf remained secret. This type of fuel tank crecy agreements across the board. It of small businesses, regardless of the was installed for 15 years before being does not place an undue burden on position taken on critical issues by the discontinued. judges or our courts. It simply states President and his or her Administra- Sixteen month-old Michael Bancroft that where the public interest in dis- tion. was buckled into a Kolcraft booster- closure outweighs legitimate interests The Office of Advocacy, under the di- rection of the Chief Counsel, as envi- style safety seat in his mother’s car in secrecy, courts should not shield im- sioned by the ‘‘Independent Office of when the car was involved in an acci- portant health and safety information Advocacy Act of 2003’’, would be a dent. Due to a defect in product design, from the public and from regulators. wide-ranging advocate, free to take po- however, the seat did not protect him This is an entirely reasonable bal- from a broken neck and paralysis. sitions contrary to the Administra- ancing test. It is time to eliminate the Kolcraft and the Bancrofts settled for tion’s policies and to advocate change dark dangers of court secrecy and bring $4.25 million and signed a confiden- in government programs and attitudes matters of public health and safety tiality agreement that concealed the as they affect small businesses. During into the light, where they belong. product’s defect. Because this informa- its consideration of the bill in 1999, the tion remained a secret, countless par- By Ms. SNOWE (for herself, Mr. Committee on Small Business adopted ents continued to feel a false sense of KERRY, Mr. BOND, Mr. PRYOR, unanimously an amendment to require the Chief Counsel to be appointed safety when securing their children in and Mr. HARKIN: Kolcraft safety seats. S 818. A bill to ensure the independ- ‘‘from civilian life.’’ This qualification From 1992–2000, tread separation of ence and nonpartisan operation of the is intended to emphasize that the per- certain Bridgestone and Firestone tires Office of Advocacy of the Small Busi- son nominated to serve in this impor- caused a great number of car accidents, ness Administration; to the Committee tant role should have a strong small many involving serious injuries or fa- on Small Business and Entrepreneur- business background. In 1976, Congress established the Of- talities. Bridgestone/Firestone quietly ship. fice of Advocacy in the SBA to be the settled dozens of lawsuits resulting Ms. SNOWE. Mr. President, I rise to eyes, ears and voice for small business from faulty tire crashes, most of which introduce the ‘‘Independent Office of within the Federal government. Since included secrecy agreements. It was Advocacy Act of 2003.’’ The SBA’s Of- then, the Office of Advocacy has be- only in 1999, when a Houston public tel- fice of Advocacy is, unfortunately, one come the ‘‘independent’’ voice for evision broke the story, that the com- of our government’s best kept secrets, small business. Unfortunately, in cer- pany admitted the defect and recalled and in many cases, the best hope for tain cases, the Office has not been as 6.5 million tires. small businesses faced with over bur- Some States have been proactive in independent as necessary to do the job densome Federal regulations. The Of- dealing with this problem. Florida, for for small business. fice of Advocacy serves two critical example, has in place a Sunshine in For example, funding for the Office of Litigation law that severely limits the roles: 1. it represents small business’ Advocacy currently comes from the ability of parties to conceal informa- interests before the Federal govern- Salaries and Expense Account of the tion that effects public health and safe- ment in regulatory matters—taking SBA’s budget. Staffing is allocated by ty. Michigan has a rule that requires advantage of its statutorily granted the SBA Administrator to the Office of that secret settlements be unsealed independence to argue against regu- Advocacy from the overall staff alloca- two years after they are approved. And latory actions that impose too great a tion for the Agency. In 1990, there were just last year, the judges of the United burden on small businesses to our econ- 70 full-time employees working on be- States District Court for the District omy and the forces that have an effect half of small businesses in the Office of of South Carolina unanimously agreed on them. Advocacy. The current allocation of not to accept any secret settlements at This bill is designed to build on the staff is 49, and fewer are actually on- all. success achieved by the Office of Advo- board as the result of the long-standing While these steps indicate movement cacy over the past 26 years and to hiring freeze at the SBA. The independ- in the right direction, we still have a strengthen that foundation by making ence of the Office is diminished when long way to go. It is time to initiate a the Office of Advocacy a stronger, more the Office of Advocacy staff is reduced federal solution for this problem. The effective advocate for all small busi- to allow for increased staffing for new Sunshine in Litigation Act is a modest nesses throughout the United States. programs and additional initiatives in proposal that would require Federal This bill was approved unanimously by other areas of SBA, at the discretion of judges to perform a simple balancing the Senate during the 106th and 107th the Administrator. test to ensure that the defendant’s in- Congresses. However, regrettably, the To address this problem, the ‘‘Inde- terest in secrecy truly outweighs the House failed to act in both cases. pendent Office of Advocacy Act of 2003’’ public interest in information related The Office of Advocacy, headed by builds a firewall to prevent political in- to public health and safety. Specifi- the Chief Counsel for Advocacy, is a trusion into the management of day- cally, prior to making any portion of a unique office with the Federal govern- to-day operations of the Office of Advo- case confidential or sealed, a judge ment. It is part of the SBA, and the cacy similar to the one that protects would have to determine by making a Chief Counsel for Advocacy is nomi- Inspectors General. The bill would re- particularized finding of fact—that nated by the President and confirmed quire the Federal budget to include a doing so would not restrict the disclo- by the Senate. At the same time, the separate account for the Office of Ad- sure of information relevant to public Office is also intended to be the inde- vocacy drawn directly from General health and safety. Moreover, all courts, pendent voice for small business within Fund of the Treasury. No longer would both Federal and State, would be pro- the Federal Government. It is supposed its funds come from the general oper- hibited from issuing protective orders to develop proposals for changing gov- ating account of the SBA. This will that prevent disclosure to relevant reg- ernment policies to help small busi- free the Chief Counsel for Advocacy ulatory agencies. nesses, and it is supposed to represent from having to seek approval from the And don’t just take it from me. Dur- the views and interests of small busi- SBA Administrator to hire staff for the ing his confirmation hearings before nesses before other Federal agencies in Office of Advocacy. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4965 Additionally, the bill provides that and Congress on how Federal agencies mittees on Small Business of the Senate and any funds appropriated will remain are complying with the Regulatory the House of Representatives and the Admin- available without fiscal year limita- Flexibility Act than there was when istrator of the Small Business Administra- tion until expended. This will give the tion in order to keep them fully and cur- this bill was introduced in previous rently informed about issues and regulations Chief Counsel the flexibility to use Congresses. affecting small business concerns and the ne- these funds as necessary instead of The ‘‘Independent Office of Advocacy cessity for corrective action by the regu- being forced to spend them, perhaps Act of 2003’’ is a sound bill. It is the latory agency or the Congress; prematurely, because of the coming product of a great deal of thoughtful, (3) to provide a separate authorization for end of a fiscal year. objective review and consideration by appropriations for the Office; The bill would leave unchanged cur- me; the former Chairman of the Com- (4) to authorize the Office to report to the rent law that allows the Chief Counsel mittee on Small Business and Entre- President and to the Congress regarding to hire individuals critical to the mis- agency compliance with chapter 6 of title 5, preneurship, Senator BOND; staff of the United States Code; and sion of the Office of advocacy without Committee; representatives of the (5) to enhance the role of the Office pursu- going through the normal competitive small business community; former ant to chapter 6 of title 5, United States procedures directed by Federal law and Chief Counsels for Advocacy and many Code. the Office of Personnel Management, others. In short, this bill has been thor- SEC. 4. OFFICE OF ADVOCACY. OPM. This long-standing special hiring oughly vetted in my Committee and (a) IN GENERAL.—Title II of Public Law 94– authority, which is limited only to em- has been approved unanimously by the 305 (15 U.S.C. 634a et seq.) is amended by ployees within the Office of Advocacy, Senate in 1999 and 2001. It is time we striking sections 201 through 203 and insert- ing the following: is beneficial because it allows the Chief see this bill enacted into law, and I ‘‘SEC. 201. SHORT TITLE. Counsel to hire quickly those persons urge my colleagues to support this im- ‘‘This title may be cited as the ‘Office of who can best assist the Office in re- portant legislation for America’s small Advocacy Act’. sponding to changing issues and prob- businesses and entrepreneurs. I look ‘‘SEC. 202. DEFINITIONS. lems confronting small businesses. forward to moving this bill through the ‘‘In this title— As the New Chair of the Senate Com- Senate again, and hope that the third ‘‘(1) the term ‘Administration’ means the mittee on Small Business and Entre- time will lead to the President’s desk. Small Business Administration; preneurship, I have heard repeatedly I ask unanimous consent that the ‘‘(2) the term ‘Administrator’ means the about the importance of the Office of text of the bill be printed in the Administrator of the Small Business Admin- istration; Advocacy and the vital role it plays for RECORD. ‘‘(3) the term ‘Chief Counsel’ means the small enterprises and the self employed There being no objection, the bill was Chief Counsel for Advocacy appointed under across the nation. With these com- ordered to be printed in the RECORD, as section 203; ments in mind, I am committed to en- follows: ‘‘(4) the term ‘Office’ means the Office of suring the complete independence of S. 818 Advocacy established under section 203; and the Office of Advocacy in all matters, Be it enacted by the Senate and House of Rep- ‘‘(5) the term ‘small business concern’ has at all times, for the continued benefit resentatives of the United States of America in the same meaning as in section 3 of the of all small businesses. However, so Congress assembled, Small Business Act (15 U.S.C. 632). SECTION 1. SHORT TITLE. ‘‘SEC. 203. ESTABLISHMENT OF OFFICE OF ADVO- long as any administration controls CACY. This Act may be cited as the ‘‘Independent the budget allocated to the Office of ‘‘(a) ESTABLISHMENT.— Office of Advocacy Act of 2003’’. Advocacy, the independence of the Of- ‘‘(1) IN GENERAL.—There is established in fice may be in jeopardy. We must cor- SEC. 2. FINDINGS. the Administration an Office of Advocacy. The Congress finds that— ‘‘(2) APPROPRIATION REQUESTS.—Each budg- rect this situation, and the sooner we (1) excessive regulations continue to bur- do it, the better it will be for the small et of the United States Government sub- den United States small business concerns; mitted by the President under section 1105 of business community. (2) Federal agencies are reluctant to com- title 31, United States Code, shall include a In addition to resolving the critical ply with the requirements of chapter 6 of separate statement of the amount of appro- funding issues, the ‘‘Independent Office title 5, United States Code, and continue to priations requested for the Office of Advo- of Advocacy Act of 2003’’ would direct propose regulations that impose dispropor- cacy, which shall be designated in a separate the Chief Counsel to submit an annual tionate burdens on small entities; account in the General Fund of the Treas- report on Federal agency compliance (3) the Office of Advocacy of the Small ury. Business Administration (referred to in this ‘‘(b) CHIEF COUNSEL FOR ADVOCACY.— with the Regulatory Flexibility Act, Act as the ‘‘Office’’) is an effective advocate RFA, to the President, the Senate ‘‘(1) IN GENERAL.—The management of the for small entities, including small business Office shall be vested in a Chief Counsel for Committee on Small Business and En- concerns, that can help to ensure that agen- Advocacy, who shall be appointed from civil- trepreneurship, House Committee on cies are responsive to small business con- ian life by the President, by and with the ad- Small Business, the Senate Committee cerns and that agencies comply with their vice and consent of the Senate, without re- on Governmental Affairs, the House statutory obligations under chapter 6 of title gard to political affiliation and solely on the Committee on Government Reform, 5, United States Code, and under the Small ground of fitness to perform the duties of the and the Senate and House Committees Business Regulatory Enforcement Fairness office. Act of 1996 (Public Law 104–121; 106 Stat. 4249 on the Judiciary. ‘‘(2) EMPLOYMENT RESTRICTION.—The indi- et seq.); vidual appointed to the office of Chief Coun- The RFA is a very important weapon (4) the independence of the Office is essen- in the war against the over-regulation sel may not serve as an officer or employee tial to ensure that it can serve as an effec- of the Administration during the 5-year pe- of small businesses. It requires agen- tive advocate for small business concerns riod preceding the date of appointment. cies to analyze their regulations to de- without being restricted by the views or poli- ‘‘(c) PRIMARY FUNCTIONS.—The Office termine their impact on small busi- cies of the Small Business Administration or shall— nesses before they are proposed and to any other executive branch agency; ‘‘(1) examine the role of small business explore alternatives to reduce the regu- (5) the Office needs sufficient resources to concerns in the economy of the United latory burden. In August, 2002, Presi- conduct the research required to assess effec- States and the contribution that small busi- tively the impact of regulations on small dent Bush issued Executive Order 13272, ness concerns can make in improving com- business concerns; and petition, encouraging economic and social which requires Federal agencies to es- (6) the research, information, and expertise mobility for all citizens, restraining infla- tablish plans detailing how they will of the Office make it a valuable adviser to tion, spurring production, expanding employ- handle their obligations under the Reg- Congress as well as the executive branch ment opportunities, increasing productivity, ulatory Flexibility Act and directs the agencies with which the Office works on be- promoting exports, stimulating innovation Office of Advocacy to work with the half of small business concerns. and entrepreneurship, and providing the agencies in developing these plans. In SEC. 3. PURPOSES. means by which new and untested products addition, the Executive Order directs The purposes of this Act are— and services can be brought to the market- the agencies to respond to comments (1) to ensure that the Office has the statu- place; tory independence and adequate financial re- ‘‘(2) assess the effectiveness of Federal sub- from the Office of Advocacy regarding sources to advocate for and on behalf of sidy and assistance programs for small busi- the agencies’ analyses. Thus, there is small business concerns; ness concerns and the desirability of reduc- even more reason today to have the (2) to require that the Office report to the ing the emphasis on those programs and in- Chief Counsel report to the President Chairmen and Ranking Members of the Com- creasing the emphasis on general assistance S4966 CONGRESSIONAL RECORD — SENATE April 8, 2003 programs designed to benefit all small busi- 3(q), and to provide statistical information this title, such sums as may be necessary for ness concerns; on the utilization of such programs by such each fiscal year. ‘‘(3) measure the direct costs and other ef- small business concerns, and to make appro- ‘‘(b) AVAILABILITY.—Any amount appro- fects of government regulation of small busi- priate recommendations to the Adminis- priated under subsection (a) shall remain ness concerns, and make legislative, regu- trator and to the Congress in order to pro- available, without fiscal year limitation, latory, and nonlegislative proposals for mote the establishment and growth of those until expended.’’. eliminating the excessive or unnecessary small business concerns. (d) INCUMBENT CHIEF COUNSEL FOR ADVO- regulation of small business concerns; ‘‘(d) ADDITIONAL FUNCTIONS.—The Office CACY.—The individual serving as the Chief ‘‘(4) determine the impact of the tax struc- shall, on a continuing basis— Counsel for Advocacy of the Small Business ture on small business concerns and make ‘‘(1) serve as a focal point for the receipt of Administration on the date of enactment of legislative, regulatory, and other proposals complaints, criticisms, and suggestions con- this Act shall continue to serve in that posi- for altering the tax structure to enable all cerning the policies and activities of the Ad- tion after such date in accordance with sec- small business concerns to realize their po- ministration and any other department or tion 203 of the Office of Advocacy Act, as tential for contributing to the improvement agency of the Federal Government that af- amended by this section. of the Nation’s economic well-being; fects small business concerns; Mr. KERRY. Mr. President, I am ‘‘(5) study the ability of financial markets ‘‘(2) counsel small business concerns on the pleased to join with my friend and col- and institutions to meet the credit needs of means by which to resolve questions and league, Chairwoman of the Senate small business concerns, and determine the problems concerning the relationship be- Committee on Small Business and En- impact of government demands on credit for tween small business and the Federal Gov- trepreneurship, OLYMPIA SNOWE, in re- small business concerns; ernment; ‘‘(6) determine financial resource avail- ‘‘(3) develop proposals for changes in the introducing the ‘‘Independent Office of ability and recommend, with respect to policies and activities of any agency of the Advocacy Act’’, which our Committee small business concerns, methods for— Federal Government that will better fulfill and the full Senate endorsed unani- ‘‘(A) delivery of financial assistance, in- the purposes of this title and communicate mously last Congress. This legislation cluding methods for securing equity capital, such proposals to the appropriate Federal will help ensure the Small Business Ad- to small business concerns— agencies; ministration’s, SBA, Office of Advo- ‘‘(i) owned and controlled by socially and ‘‘(4) represent the views and interests of cacy has the necessary autonomy to re- economically disadvantaged individuals; small business concerns before other Federal ‘‘(ii) owned and controlled by women; main an independent voice for Amer- agencies whose policies and activities may ica’s small businesses. I would like to ‘‘(iii) owned and controlled by veterans; or affect small business; ‘‘(iv) designated as HUBZone small busi- ‘‘(5) enlist the cooperation and assistance thank Senator SNOWE and her staff for ness concerns by the Administration; of public and private agencies, businesses, working with me and my staff to make ‘‘(B) generating markets for goods and and other organizations in disseminating in- the necessary changes to this legisla- services; formation about the programs and services tion to garner bipartisan support. ‘‘(C) providing effective business edu- provided by the Federal Government that The independent Office of Advocacy cation, more effective management and tech- are of benefit to small business concerns, and Act rewrites the law that created the nical assistance, and training; and information on the means by which small Small Business Administration’s Office ‘‘(D) assistance in complying with Federal, business concerns can participate in or make State, and local laws; of Advocacy to allow for increased au- use of such programs and services; and tonomy. It reaffirms the Office’s statu- ‘‘(7) evaluate the efforts of Federal agen- ‘‘(6) carry out the responsibilities of the cies and the private sector to assist small Office under chapter 6 of title 5, United tory and financial independence by cre- business concerns— States Code. ating a separate funding account for ‘‘(i) owned and controlled by socially and ‘‘(e) OVERHEAD AND ADMINISTRATIVE SUP- the Office from the General Fund of the economically disadvantaged individuals; PORT.—The Administrator shall provide the Treasury instead of being allocated ‘‘(ii) owned and controlled by women; Office with appropriate and adequate office through the SBA’s annual appropria- ‘‘(iii) owned and controlled by veterans; or space at central and field office locations of tion. ‘‘(iv) designated as HUBZone small busi- the Administration, together with such ness concerns by the Administration; At its heart, this legislation will equipment, office supplies, and communica- allow the Office of Advocacy to better ‘‘(8) make such recommendations as may tions facilities and services as may be nec- be appropriate to assist the development and essary for the operation of such offices, and represent small business interests be- strengthening of small business concerns— shall provide necessary maintenance services fore Congress, Federal agencies, and ‘‘(i) owned and controlled by socially and for such offices and the equipment and facili- the Federal Government without fear economically disadvantaged individuals; ties located therein.’’. of reprisal for disagreeing with the po- ‘‘(ii) owned and controlled by women; (b) REPORTS TO CONGRESS.—Title II of Pub- sition of any current Administration. ‘‘(iii) owned and controlled by veterans; or lic Law 94–305 (15 U.S.C. 634a et seq.) is For those of my colleagues without ‘‘(iv) designated as HUBZone small busi- amended by striking section 206 and insert- an intimate knowledge of the critical ness concerns by the Administration; ing the following: role the Office of Advocacy and its ‘‘(9) recommend specific measures for cre- ‘‘SEC. 206. REPORTS TO CONGRESS. ating an environment in which all small ‘‘(a) ANNUAL REPORTS.—Not less than an- Chief Counsel play in protecting and business concerns will have the oppor- nually, the Chief Counsel shall submit to the promoting America’s small businesses, tunity— President and to the Committees on Small I will briefly elaborate its important ‘‘(A) to compete effectively and expand to Business of the Senate and the House of Rep- functions and achievements. From their full potential; and resentatives, the Committee on Govern- studying the role of small business in ‘‘(B) to ascertain any common reasons for mental Affairs of the Senate, the Committee the successes and failures of small business the U.S. economy, to promoting small on Government Reform of the House of Rep- business exports, to advocating for the concerns; resentatives, and the Committees on the Ju- ‘‘(10) determine the desirability of devel- diciary of the Senate and the House of Rep- best interests of small business in a oping a set of rational, objective criteria to resentatives, a report on agency compliance myriad of areas, to lightening the regu- be used to define the term ‘small business with chapter 6 of title 5, United States Code. latory burden of small businesses concern’, and develop such criteria, if appro- ‘‘(b) ADDITIONAL REPORTS.—In addition to through the Regulatory Flexibility priate; the reports required under subsection (a) of Act, RFA, and the Small Business Reg- ‘‘(11) make recommendations and submit this section and section 203(c)(11), the Chief ulatory Enforcement Fairness Act, reports to the Chairmen and Ranking Mem- Counsel may prepare and publish such re- SBREFA, the Office of Advocacy has a bers of the Committees on Small Business of ports as the Chief Counsel determines to be the Senate and the House of Representatives appropriate. wide scope of authority and responsi- and the Administrator with respect to issues ‘‘(c) PROHIBITION.—No report under this bility. and regulations affecting small business con- title shall be submitted to the Office of Man- The U.S. Congress created the Office cerns and the necessity for corrective action agement and Budget or to any other depart- of Advocacy, headed by a Chief Counsel by the Administrator, any Federal depart- ment or agency of the Federal Government to be appointed by the President from ment or agency, or the Congress; and for any purpose before submission of the re- the private sector and confirmed by the ‘‘(12) evaluate the efforts of each depart- port to the President and to the Congress.’’. Senate, in June of 1976. The rationale ment and agency of the United States, and of (c) AUTHORIZATION OF APPROPRIATIONS.— was to give small businesses a louder private industry, to assist small business Title II of Public Law 94–305 (15 U.S.C. 634a et concerns owned and controlled by veterans, seq.) is amended by striking section 207 and voice in the councils of government. as defined in section 3(q) of the Small Busi- inserting the following: Each year, the Office of Advocacy ad- ness Act (15 U.S.C. 632(q)), and small business ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS. vises Congress and the executive concerns owned and controlled by serviced- ‘‘(a) IN GENERAL.—There are authorized to branch regarding policy issues affect- disabled veterans, as defined in such section be appropriated to the Office to carry out ing small businesses, brings together April 8, 2003 CONGRESSIONAL RECORD — SENATE S4967 small business people with members of which will ensure that the Office of Ad- 167,000 pounds of cocaine, and con- Congress, congressional staff and exec- vocacy remains an independent and ef- fiscated over 39,000 firearms and 6.4 utive branch officials to resolve issues fective voice representing America’s million rounds of ammunition. In fact, affecting small business, publishes nu- small businesses. on a typical day, employees of the Cus- merous studies and reports, compiles toms Service inspect over 57,000 trucks vast amounts of data and successfully By Ms. MIKULSKI (for herself, and containers. Customers inspectors lightens the regulatory burden on Mr. SARBANES, Mr. LEAHY, and are vital in winning the war on drugs America’s small businesses. In the area Mr. CAMPBELL): and keeping America safe from ter- of contracting, the Office of Advocacy S. 819. A bill to amend the definition rorism. developed PRO-Net, a database of of a law enforcement officer under sub- Like customs inspectors, immigra- small businesses used by Federal con- chapter III of chapter 83 and chapter 84 tion inspectors at the Department of tracting officers to find small business of title 5, United States Code, respec- Homeland Security are also on the interests interested in selling to the tively, to ensure the inclusion of cer- front lines of defense against ter- Federal Government. tain positions; to the Committee on rorism. Immigration inspectors enforce The U.S. Congress, the Administra- Governmental Affairs. the Nation’s immigration laws at more tion, and, of course, small businesses Ms. MIKULSKI. Mr. President, I rise than 300 ports of entry. In the normal have all benefited from the work of the today to introduce the Law Enforce- course of their duties, they enforce Office of Advocacy. In October 2001, an ment Officers Retirement Equity act of criminal law, make arrests, interrogate Advocacy research study titled, The 2003. I am proud to be joined on this applicants for entry, search persons Impact of Regulatory Costs on Small bill by my colleagues, Senators SAR- and effects, and seize evidence. Inspec- Business, established that small busi- BANES, LEAHY and CAMPBELL. This leg- tor’s responsibilities have become in- nesses with less than 20 employees islation will ensure that all Federal creasing complex as political, eco- spend nearly $7,000 each year, per em- law enforcement officers have the same nomic and social unrest has increased ployee just to comply with Federal reg- retirement options and that their pay globally. The threat of terrorism only ulations and mandates. By working and benefits conform with the Federal increases these responsibilities. with Federal agencies to implement law enforcement retirement system. These immigration inspectors help the Regulatory Flexibility Act, the Of- Under current law, most Federal law secure our borders. In FY 2001, over 510 fice of Advocacy in 2002 saved small enforcement officers and firefighters million inspections were performed by businesses over $21 billion in foregone are eligible to retire at age 50 with 20 these inspectors with 700,000 individ- regulatory costs that can now be used years of Federal service. But, some uals denied entry, and approximately to create jobs, buy equipment and ex- Federal law enforcement personnel, 71,000 criminal aliens were removed pand access to health care for millions such as customs and immigration in- from the country. This legislation is cost effective. Any of Americans. spectors at the Department of Home- cost that is created by this act is more Small businesses remain the back- land Security or police officers at Vet- than offset by savings in training costs bone of the U.S. economy. According to erans Affairs, are not eligible for these and increased revenue collection. A 20- a study conducted by the Small busi- same benefits. This legislation will year retirement bill for these critical ness Administration Office of Eco- amend current law and grant the same employees will reduce turnover, in- nomic Research and released in Janu- pay and 20-year retirement to all law crease productivity, decrease employee ary 2003, small businesses account for enforcement officers. recruitment and development costs, approximately 99 percent of all em- We must honor our Federal law en- and enhance the retention of a well- ployers, account for 51 percent of pri- forcement personnel. The names of trained and experienced work force. vate-sector output, represent 52 per- Federal law enforcement officials who These vital Federal employees bear the cent of GDP and, in 2002, provided two- have died in the line of duty are en- graved on the Law Enforcement Memo- same risks and work under similar con- thirds of all net new jobs. ditions to other law enforcement offi- Small businesses have also taken the rial. We include the names of the offi- cials and deserve to receive the same lead in moving people from welfare to cers from Homeland Security and Vet- erans Affairs. We honor them when level of benefits. work and an increasing number of This bill will improve the effective- they die, but we don’t recognize them women and minorities are turning to ness of our inspector and revenue offi- when they are living. small business ownership as a means to cer work force to ensure the integrity We need to make sure that all Fed- gain economic self-sufficiency. Put of our borders and proper collection of eral law enforcement officers earn the simply, small businesses represent the taxes and duties owed to the Fed- pay and benefits that they deserve. what is best in the United States econ- eral Government. This bill is supported These brave men and women are the omy, providing innovation, competi- by the Fraternal Orders of Police and country’s first line of defense against tion and entrepreneurship. the National Treasury Employees terrorism and the smuggling of illegal Their interests are vast, their activi- Union. I urge my colleagues to join me ties divergent, and the difficulties they drugs at our borders. They have the again in this Congress in expressing face to stay in business are numerous. same law enforcement training as all support for this bill and finally getting To provide the necessary support to other law enforcement personnel, and it enacted. help them, SBA’s Office of Advocacy face the same risks and challenges. I ask unanimous consent that the needs our support. For example, U.S. Customs inspec- text of the bill be printed in the The responsibility and authority tors are responsible for the most ar- RECORD. given the Office of Advocacy and the rests performed by Customs Service There being no objection, the bill was Chief Counsel are crucial to their abil- employees. Yet, they do not qualify for ordered to be printed in the RECORD, as ity to be an effective independent voice law enforcement officer status. Along follows: in the Federal Government for small with U.S. customs agents, uniformed S. 819 businesses. This bill has been endorsed U.S. Customs inspectors are helping Be it enacted by the Senate and House of Rep- by the U.S. Chamber of Commerce, the provide additional security at the Na- resentatives of the United States of America in Small Business Legislative Council and tion’s airports and help enforce U.S. Congress assembled, the National Federation of Independent customs laws. They were among the SECTION 1. SHORT TITLE. Businesses. Small businesses are ask- first to respond to the tragedy at the This Act may be cited as the ‘‘Law En- ing us to do everything we can to pro- World Trade Center. After September forcement Officers Retirement Equity Act’’. tect and strengthen this essential of- 11, Customs inspectors are playing a SEC. 2. AMENDMENTS. fice. I believe this legislation accom- critical role in ensuring that terrorists (a) FEDERAL EMPLOYEES’ RETIREMENT SYS- TEM.— plishes that important goal. don’t get their hands on weapons of (1) IN GENERAL.—Paragraph (17) of section I have always been a strong sup- mass destruction and smuggle them 8401 of title 5, United States Code, is amend- porter of the Office of Advocacy and I into the country. ed by striking ‘‘and’’ at the end of subpara- am pleased to join with Chairwoman In 2002, the U.S. Custom Service im- graph (C), and by adding at the end the fol- SNOWE in introducing this legislation, pounded over 4,100 pounds of heroin and lowing: S4968 CONGRESSIONAL RECORD — SENATE April 8, 2003 ‘‘(E) an employee (not otherwise covered from Government service, whichever is ear- under subsection (c)(2)), to the extent of any by this paragraph)— lier. rights that would then be available to the ‘‘(i) the duties of whose position include (d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR decedent (if still living). the investigation or apprehension of individ- SERVICE.— (h) RULE OF CONSTRUCTION.—Nothing in uals suspected or convicted of offenses (1) IN GENERAL.—An individual who makes this section shall be considered to apply in against the criminal laws of the United an election under subsection (c)(2) may, with the case of a reemployed annuitant. States; and respect to prior service performed by such individual, contribute to the Civil Service ‘‘(ii) who is authorized to carry a firearm; By Mrs. BOXER: and Retirement and Disability Fund the dif- ‘‘(F) an employee of the Internal Revenue ference between the individual contributions S. 820. A bill to amend the Federal Service, the duties of whose position are pri- that were actually made for such service and Water Pollution Control Act to estab- marily the collection of delinquent taxes and the individual contributions that should lish a perchlorate pollution prevention the securing of delinquent returns;’’. have been made for such service if the fund and to establish safety standards (2) CONFORMING AMENDMENT.—Section amendments made by section 2 had then applicable to owners and operators of been in effect. 8401(17)(C) of title 5, United States Code, is perchlorate storage facilities; to the (2) EFFECT OF NOT CONTRIBUTING.—If no amended by striking ‘‘(A) and (B)’’ and in- Committee on Environment and Public serting ‘‘(A), (B), (E), and (F)’’. part of or less than the full amount required (b) CIVIL SERVICE RETIREMENT SYSTEM.— under paragraph (1) is paid, all prior service Works. Paragraph (20) of section 8331 of title 5, of the incumbent shall remain fully cred- Mrs. BOXER. Mr. President, today I United States Code, is amended by inserting itable as law enforcement officer service, but am introducing legislation guaran- after ‘‘position.’’ the following: ‘‘For the pur- the resulting annuity shall be reduced in a teeing a community’s right-to-know pose of this paragraph, the employees de- manner similar to that described in section about pollution discharges, seepage and scribed in the preceding provision of this 8334(d)(2) of title 5, United States Code, to paragraph (in the matter before ‘including’) the extent necessary to make up the amount potential drinking water contamina- shall be considered to include an employee unpaid. tion by the toxic chemical perchlorate. (not otherwise covered by this paragraph) (3) PRIOR SERVICE DEFINED.—For purposes Perchlorate is the main ingredient in who satisfies clauses (i) and (ii) of section of this section, the term ‘‘prior service’’ rocket fuel, which accounts for 90 per- 8401(17)(E) and an employee of the Internal means, with respect to any individual who cent of its use. Perchlorate is also used Revenue Service the duties of whose position makes an election under subsection (c)(2), in lesser amounts for ammunition, fire- are as described in section 8401(17)(F).’’. service (described in subsection (a)) per- works, and other products. It dissolves (c) EFFECTIVE DATE.—Except as provided in formed by such individual before the date as section 3, the amendments made by this sec- of which appropriate retirement deductions readily in many liquids, including tion shall take effect on the date of the en- begin to be made in accordance with such water, and moves easily and quickly. actment of this Act, and shall apply only in election. The sources of drinking water for up the case of any individual first appointed (or (e) GOVERNMENT CONTRIBUTIONS FOR PRIOR to 10 million Californians and millions seeking to be first appointed) as a law en- SERVICE.— of other Americans are contaminated forcement officer (within the meaning of (1) IN GENERAL.—If an incumbent makes an those amendments) on or after such date. election under subsection (c)(2), the agency with perchlorate. Alarming levels of SEC. 3. TREATMENT OF SERVICE PERFORMED BY in or under which that individual was serv- perchlorate have been discovered in INCUMBENTS. ing at the time of any prior service (referred Lake Mead and the Colorado River, the (a) LAW ENFORCEMENT OFFICER AND SERV- to in subsection (d)) shall remit to the Office drinking water source for millions of ICE DESCRIBED.— of Personnel Management, for deposit in the Southern Californians. Communities in (1) LAW ENFORCEMENT OFFICER.—Any ref- Treasury of the United States to the credit the Inland Empire, San Gabriel Valley, erence to a law enforcement officer described of the Civil Service Retirement and Dis- Santa Clara Valley, and the Sac- in this subsection refers to an individual who ability Fund, the amount required under ramento area are also grappling with satisfies the requirements of section 8331(20) paragraph (2) with respect to such service. perchlorate contamination. In addi- or 8401(17) of title 5, United States Code (re- (2) AMOUNT REQUIRED.—The amount an lating to the definition of a law enforcement agency is required to remit is, with respect tion, more than 20 million Americans officer) by virtue of the amendments made to any prior service, the total amount of ad- in at least 19 states drink water con- by section 2. ditional Government contributions to the taminated with perchlorate. (2) SERVICE.—Any reference to service de- Civil Service Retirement and Disability Perchlorate is a clear and present scribed in this subsection refers to service Fund (over and above those actually paid) performed as a law enforcement officer (as danger to California’s public health. that would have been required if the amend- Perchlorate poses a variety of serious described in this subsection). ments made by section 2 had then been in ef- (b) INCUMBENT DEFINED.—For purposes of fect. health risks relating to thyroid func- this section, the term ‘‘incumbent’’ means (3) CONTRIBUTIONS TO BE MADE RATABLY.— tion, especially in newborns, children, an individual who— Government contributions under this sub- and pregnant women. Exposure to per- (1) is first appointed as a law enforcement section on behalf of an incumbent shall be chlorate interferes with the thyroid officer (as described in subsection (a)) before made by the agency ratably (on at least an gland’s ability to produce the hor- the date of the enactment of this Act; and annual basis) over the 10-year period begin- mones needed for normal prenatal de- (2) is serving as such a law enforcement of- ning on the date referred to in subsection ficer on such date. velopment. This can cause both phys- (d)(3). ical and mental retardation. Per- (c) TREATMENT OF SERVICE PERFORMED BY (f) EXEMPTION FROM MANDATORY SEPARA- INCUMBENTS.— TION.—Nothing in section 8335(b) or 8425(b) of chlorate is also linked to thyroid can- (1) IN GENERAL.—Service described in sub- title 5, United States Code, shall cause the cer. section (a) which is performed by an incum- involuntary separation of a law enforcement Despite the gravity of the situation, bent on or after the date of the enactment of officer (as described in subsection (a)) before we currently have no way of knowing this Act shall, for all purposes (other than the end of the 3-year period beginning on the those to which paragraph (2) pertains), be date of the enactment of this Act. who is dumping it or where they are treated as service performed as a law en- (g) REGULATIONS.—The Office of Personnel dumping it. We cannot wait four more forcement officer (within the meaning of sec- Mangement shall prescribe regulations to years to address this threat while EPA tion 8331(20) or 8401(17) of title 5, United carry out this Act, including— continues to delay regulation and clean States Code, as appropriate), irrespective of (1) provisions in accordance with which in- ups. Communities need to get moving how such service is treated under paragraph terest on any amount under subsection (d) or to protect their drinking water sooner (2). (e) shall be computed, based on section rather than later. Guaranteeing a com- (2) RETIREMENT.—Service described in sub- 8334(e) of title 5, United States Code; and section (a) which is performed by an incum- (2) provisions for the application of this munity the right-to-know about poten- bent before, on, or after the date of the en- section in the case of— tial perchlorate contamination is a actment of this Act shall, for purposes of (A) any individual who— first step. subchapter III of chapter 83 and chapter 84 of (i) satisfies paragraph (1) (but not para- My bill would do just this. First, my title 5, United States Code, be treated as graph (2)) of subsection (b); and bill addresses the legacy of perchlorate service performed as a law enforcement offi- (ii) serves as a law enforcement officer (as contamination by requiring anyone cer (within the meaning of such section described in subsection (a)) after the date of who has stored more than 375 pounds of 8331(20) or 8401(17), as appropriate), but only the enactment of this Act; and if an appropriate written election is sub- (B) any individual entitled to a survivor perchlorate since January 1, 1950, to re- mitted to the Office of Personnel Manage- annuity (based on the service of an incum- port annually to the U.S. EPA, begin- ment within 5 years after the date of the en- bent, or of an individual under subparagraph ning no later than June 1, 2005. This actment of this Act or before separation (A), who dies before making an election does not apply to facilities that store April 8, 2003 CONGRESSIONAL RECORD — SENATE S4969 perchlorate for a retail or law enforce- drogen economy. The Department of fuel cells in houses and commercial ment purpose. EPA must annually pub- Energy is working toward a go-no go buildings, and portable fuel cells such lish the list of all perchlorate storage decision by the car companies by 2015, as auxiliary power units in trucks. facilities in existence since January 1, and mass production of vehicles by A second, closely related program, 1950, beginning no later than June 1, 2020. But the car companies themselves would provide hydrogen fueling infra- 2005. have been talking about commercial structure over major transportation Second, my bill would also require vehicles by 2010. corridors and entire regions, and then anyone who discharges perchlorate We need a bolder, more comprehen- demonstrate hydrogen-powered vehi- into the water to report the discharge, sive plan. That’s why I am introducing cles that are not tethered to a single its volume, monitoring methods, and the Hydrogen and Fuel Cell Energy Act pump. Early demonstrations, at least, remedial actions to the EPA. EPA of 2003. This bill addresses three crit- would likely use vehicles that burn hy- must publish this information annually ical requirements to bringing hydrogen drogen; these are similar to gas-elec- in the Federal Register beginning no energy and fuel cells into commerce, tric hybrids that you can buy today, later than June 1, 2005. and start gaining their environmental but run on hydrogen rather than gaso- Third, failure to report as required and security benefits, as soon as tech- line. These vehicles provide most of the under my bill would result in fines. All nically feasible. benefits of fuel cell vehicles at a frac- fines will be deposited into a loan fund First we need a technological push. tion of the current cost. They are not for public water suppliers and private We need better fuel cell stack compo- as good as fuel cell vehicles in the long well owners to pay for clean water nents to reduce costs and improve lon- term, they are less efficient, less flexi- when their water supply is shut down gevity. We need lighter, more efficient ble, and produce a little pollution, but because of perchlorate contamination. ways to store hydrogen on-board vehi- would move us a long way toward the Communities have a right to know cles. In the long term, we need cheaper goal and would provide a good large- what is in their water and where it ways of converting renewable energy to scale test of a hydrogen fueling system. comes from. My bill will ensure that hydrogen fuel. A third program would demonstrate communities have the necessary infor- This bill reauthorizes the Matsunaga hydrogen and fuel cell technologies in mation to act now to address the Act, which established the Federal hy- foreign countries. Hydrogen energy health threat of perchlorate. I look for- drogen energy research program. It up- could have an early application in ward to working with my colleagues to dates the language and sets clearer pri- places where a competing fossil fuel in- pass this important legislation. orities. It expands the authorization to frastructure is not already well-devel- cover fuel cell research and develop- oped. And assisting this application is By Mr. HARKIN: in our national interest in order to pro- S. 821. A bill to accelerate the com- ment as well, to reflect the technical and bureaucratic reality that research mote global development without caus- mercialization and widespread use of ing global warming and other harmful hydrogen energy and fuel cell tech- on fuel cells—the most efficient, flexi- ble, and cleanest way to use hydrogen environmental effects, and to increase nologies, and for other purposes; to the the global market for American hydro- energy—has become inextricably Committee on Energy and Natural Re- gen and fuel cell technologies. linked to research on hydrogen energy. sources. The last program would focus on Mr. HARKIN. Mr. President, imagine It supports work on domestic and emerging technologies for production a world with cars that spew out no international codes and standards, to of hydrogen from renewable resources. smog, no toxic emissions, and no green- work through a major regulatory bar- Two approaches show particular prom- house gases. The only thing that would rier to working with combustible hy- ise for clean, efficient production of come out of the tailpipe would be water drogen and to making all the infra- hydrogen at this time. Biorefineries pure enough to drink. structure pieces fit together. It in- make hydrogen and other products Imagine a world in which we don’t cludes a specific mandate to do public from biomass. And in ‘‘electrofarming’’ import a drop of Mideast oil, because education on hydrogen and fuel cells the hydrogen is produced and used on clean, domestic, renewable energy and to do university training in crit- the same farm. The hydrogen might be sources meet all of our needs. ical skills needed in the industry. And made by growing and reforming bio- Imagine a world in which we don’t it increases funding levels over the mass, from wind energy, or from farm need to worry about a terrorist strike next few years to accelerate progress in waste; it could be used in farm vehicles on our large nuclear power plants, or a pre-commercial technologies. and equipment and for heat and elec- storm causing a blackout over a large Second, and perhaps most important tricity in farm buildings. region, because we get all of our elec- right now, we need a near-term demand All these demonstration programs tricity from small distributed genera- pull. As long as the fuel cells and hy- would be conducted using competitive tors on farms and in buildings through- drogen appliances are made by hand, merit review of funding proposals from out the country. they will remain very expensive. But a wide variety of companies and orga- Sound too good to be true? The tech- it’s also expensive to build the fac- nizations, and they would require cost- nology to do this, using hydrogen en- tories to build them more cheaply. We sharing from awardees. ergy and fuel cells, is out of the labs need support to get industry over that Third, we need to show there will be and being tested on our streets and in initial cost hump. a market for commercial hydrogen and our buildings today. For those of us The first step is large demonstration fuel cell technologies in the long term. who have been working for many years programs that serve a dual purpose: The Federal Government can do this by to bring this vision into reality, that is they provide a realistic test of how the buying early commercial products and very exciting. But we still need a major laboratory technologies work in the by providing incentives to others to do effort to bring the costs down and com- real world, and they provide funding so, in recognition of their public bene- mercialize the technology. for pre-commercial prototypes of the fits. And there is remarkable bipartisan technologies, including starting to The bill includes Federal purchase agreement on the need for government build a hydrogen fueling infrastruc- requirements for both zero emission ve- action. A couple years ago we were ture. hicles and stationary fuel cells. The ve- fighting for scraps of funding. Now the The Hydrogen and Fuel Cell Energy hicle requirements are similar to Fed- President has proposed $1.7 billion over Act authorizes several new, large dem- eral fleet requirements for purchase of 5 years toward getting hydrogen fuel onstration programs: alternative fuel vehicles. They would cell vehicles on the road. The Senate The main demostration program require zero emission vehicles, most energy bill last year, before it died in would provide over $1 billion over 7 likely hydrogen fuel cell vehicles, to conference, included tax incentives for years for demonstrations of the full make up an increasing percentage of stationary fuel cells, fuel cell vehicles, range of fuel cell applications and asso- Federal fleet vehicle purchases up to 75 hydrogen vehicles, hydrogen fueling in- ciated hydrogen infrastructure. These percent. Alternative fuel vehicles with frastructure, and hydrogen fuel. demonstrations would include fleets of very low emissions, such as hydrogen But we are still too timid to bring fuel cell passenger vehicles, fuel cell hybrid vehicles, would get partial cred- about the fundamental shift to the hy- buses and farm vehicles, stationary it. For stationary fuel cells, the bill S4970 CONGRESSIONAL RECORD — SENATE April 8, 2003 would require modifying energy effi- percent increase in dual-earner fami- purchase of buildings or expand their ciency regulations for Federal build- lies and single parent families over the existing space. Child care in general is ings to presume use of fuel cells to last half a century. As parents leave not a high-earning industry, and the power new Federal buildings and to en- the home for work and education, the owners don’t have spare money lying courage their use in older buildings. need for quality child care in America around. Asking centers to charge less The bill also provides a broad array continues to increase. or cut back on employees is not the of tax incentives for stationary and As the Ranking Democrat of the way to make child care more afford- portable fuel cells, hydrogen and fuel Committee on Small Business and En- able for families and does not serve the cell vehicles, hydrogen fueling infra- trepreneurship, I think we can foster children well. An adequate staff is structure, and hydrogen fuel. These in- the establishment and expansion of ex- needed to make sure children receive centives are similar to those that have isting child care businesses through proper supervision and support. Fur- been proposed in the CLEAR Act on al- the Small Business Administration, thermore, if centers are asked to lower ternative fuel vehicles, in previous SBA. Today with Senators HARKIN, their operating costs in order to lower bills on stationary fuel cells, and in LANDRIEU, PRYOR, LIEBERMAN, costs to families, the safety and qual- last year’s energy bill. However, this DASCHLE, BINGAMAN, and JOHNSON. I am ity of the child care provided would be bill makes some important changes. It introducing the Child Care Lending in jeopardy. makes all the tax credits tradable so Pilot Act of 2003, a bill to create a I urge my colleagues to join us in that government agencies and non- three-year pilot that allows small, non- supporting this legislation so non-prof- profit organizations can use them as profit child care providers to access fi- it childcare providers can access funds well as consumers and private compa- nancing through SBA’s 504 loans. to start new centers or expand and im- nies. It increases the credit for hydro- There is a real need to help finance prove upon existing centers. As we gen fueling infrastructure to recognize the purchase of buildings, to expand ex- have done in Massachusetts, Senators the cost of making the hydrogen on- isting facilities and improve the condi- could bring together 504 lenders, site, not just pumping it. It adds an ad- tions of established centers to meet the childcare providers not for-profit and ditional incentive for hydrogen from demand for child care. It is appropriate non-profit—and the state department renewable resources to encourage a to provide financing through the 504 of child welfare to facilitate the in- transition to a sustainable hydrogen program because it was created to spur crease of childcare providers in their system. And most importantly, it ex- economic development and rebuild states. tends the tax credits so the industry communities, and child care is critical As common sense tells us, and the will know the incentives will be there to businesses and their employees. Fi- child advocates if we listen, there is no when they are needed—when real com- nancing through 504 could spur the es- magic bullet to addressing the shortage mercial products are available. tablishment and growth of child care of safe and affordable child care in this Finally, the bill ensures effective co- businesses because the program re- country—it takes coordinated and ordination and oversight of the ex- quires the borrower to put down only complementary efforts to make a real panded Federal hydrogen and fuel cell between 10 and 20 percent of the loan, difference. This is as much a child wel- energy activities, with a new inter- making the investment more afford- fare issue as a workforce issue, and it agency task force to coordinate activi- able. Another advantage of 504 loans is makes sense to leverage one of SBA’s ties, a revamped technical advisory that they have terms of up to 20 years, effective resources to try and con- panel, and periodic outside review by with fixed interest rates, allowing tribute to making a positive difference. the National Academies. small businesses to keep their monthly I argue—we argue—that allowing non- These measures will require a signifi- payments low and predictable. profit child care centers to receive SBA cant Federal investment in our energy As anyone with children knows, qual- loans can increase the availability of future. But with these measures we can ity childcare comes at a very high cost child care in the United States. Non- use hydrogen and fuel cell technologies to a family, and it is especially burden- profit child care centers provide the to turn into reality a vision of cars some to low-income families. The Chil- same quality of care as the for-profit that don’t pollute, of power that won’t dren’s Defense Fund has estimated that centers, and non-profit centers often go out, and of feeling less dependent on child care for a 4-year-old in a child serve our nation’s neediest commu- an area of the world where we are care center averages $4,000 to $6,000 per nities. I hope that my colleagues will fighting the second war in recent year in cities and states around the Na- recognize the vital role that early edu- years. It is time to take these steps tion. In all but one state, the average cation plays in the development of fine now. annual cost of child care in urban area minds and productive citizens and real- child care centers is more than the av- ize that in this great nation, child care By Mr. KERRY (for himself, Mr. erage annual cost of public college tui- should be available to all families in HARKIN, Ms. LANDRIEU, Mr. tion. all income brackets. PRYOR, Mr. LIEBERMAN, Mr. These high costs make access to I ask unanimous consent that several DASCHLE, Mr. BINGAMAN, and child care all but non-existent for low- letters of support be printed in the Mr. JOHNSON): income families. While some states RECORD. These letters demonstrate S. 822. A bill to create a 3-year pilot have made efforts to provide grants that this is a good investment and good program that makes small, non-profit and loans to assist childcare busi- for our country. child care businesses eligible for SBA nesses, more must be done to increase There being no objection, the addi- 504 loans; to the Committee on Small the supply of childcare and improve the tional materials were ordered to be Business and Entrepreneurship. quality of programs for low-income printed in the RECORD, as follows: Mr. KERRY. Mr. President, with families. According to the Child Care OMNI BANK, N.A., most of the country’s attention focused Bureau, state and federal funds are so Houston, Texas, July 30, 2002. on the war in Iraq, important issues at insufficient that only one out of 10 Hon. JOHN F. KERRY, home are falling through the cracks. U.S. Senate, children in low-income working fami- Washington, DC. Today I rise to talk about one of the lies who are eligible for assistance DEAR SENATOR KERRY: Please accept this needs of working moms and dads and under federal law receives it. letter as my full support of the bill, soon to their children—child care. We have a For parts of the country, when af- be introduced, proposing a Pilot Program, shortage of childcare in this country, fordable child care is available, it is operating through the Small Business Ad- and it is a problem for our families, a provided through non-profit child care ministration’s 504 Loan Program, that would problem for our businesses, and a prob- businesses. I formed a task force in my allow Day Care facilities designated as non- lem for our economy. The Census Bu- home state of Massachusetts to study profits to be eligible for the program. I believe the demand for such a product is reau estimates that there are approxi- the state of child care, and of the many strong, and is fiscally sound. My reasons are mately 24 million school age children important findings, we discovered that as follows: with parents who are in the workforce more than 60 percent of the child care 1. Day Care Centers must carry a non-prof- or pursuing education, and the num- providers are non-profit and that there it designation in order to accept children to bers are growing. There has been a 43 is a real need to help them finance the the center from low-income families. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4971

2. These businesses benefit low-income GUILD OF ST. AGNES, economic opportunity is too often the re- neighborhoods and enterprise zones by pur- Worcester, MA, July 3, 2002. ality for countless child care providers— chasing property, improving the physical ap- Senator JOHN KERRY, most of whom earn an average of $3 per hour pearance of the community and providing Chairman, Senate Committee on Small Business for their services. safe facilities for the children. The ability to and Entrepreneurship, Russell Senate Office With increased access to capital through utilize the SBA–504 program would enable Building, Washington, DC. the expansion of the SBA 504 loan program, these businesses to decrease lease/payment DEAR SENATOR KERRY: It has come to my small, nonprofit day care centers can con- expense and hence, help more children. attention that your committee is working on tinue to provide their valuable services to 3. These families are in the most need for legislation that would expand the SBA 504 the community—and build a better life for quality day care facilities in their commu- loan program to non-profit child care cen- their own families at the same time. Su- nity, since many use mass transit to get to ters. zanne Morris of Springfield, Massachusetts, As the Executive Director of the Guild of work. a longtime ACCION USA borrower, already St. Agnes Child Care Agency and a member 4. Small businesses have provided most of illustrates the potential successes that an of the Advisory Committee on Child Care the job growth in this country in the last ten expanded SBA 504—and an opportunity for and Small Business, wholeheartedly support years. By enabling these Day Care Centers to capital—will bring to day care owners across this legislation. The Guild of St. Agnes is a operate efficiently and provide quality facili- the country. After years of hard work and non-profit child care agency providing child ties, we will be helping small business gain several small loans from ACCION, Suzanne care in Worcester, MA and its surrounding and maintain employees. has moved her day care out of the home and towns. Presently we care for 1200 children 5. Designation as a non-profit business does has expanded her staff to include seven mem- aged four weeks to twelve years in child care not equate to an inability to pay loans, or bers of the community. The business sup- centers, family care providers’ homes and other business expenses. ports her family of four. She also gives back public schools. Of our seven centers, we cur- by training other local home-based day care OMNIBANK, a 50-year-old community rently own one. providers in Federal nutrition guidelines. bank in Houston, Texas, has experienced a Four of our centers are in old, worn-down consistent demand for loans to Day Care buildings, causing us difficulty in recruiting It is my hope that we can all witness more Centers. Most loan requests from these enti- new clients. As we look towards the future, successes like those of Suzanne by opening ties are for the purpose of acquiring or ex- the Guild of St. Agnes has set a goal of re- the door to funding for small day care pro- panding property (real-estate) or acquiring placing these centers with new buildings. In viders. Please include nonprofit child care transportation equipment. An example of a order to accomplish this goal, we need to centers in the scope of SBA 504. specific, recent request follows: look for creative funding sources to support Sincerely, The Executive Director and Owner of Tee- our capital campaign. The SBA 504 loan pro- ERIKA EURKUS, ter Totter Day Care Center approached gram would allow us to invest 10 percent of Greater Boston Program Director. OMNIBANK about a loan to purchase the our own funds for capital expenses, borrow 50 building used to house the Center. The percent from the government and secure a NEIGHBORHOOD BUSINESS BUILDERS, owner, an African-American woman, was ex- bank loan for 40 percent. Not only is this Boston, MA, July 10, 2002. perienced in this business. Cash flow to serv- loan program attractive to banking institu- Senator JOHN KERRY, ice the debt was sufficient and appropriate tions, it allows child care agencies like the Chairman, Senate Committee on Small Business under prudent leading guidelines. The only Guild of St. Agnes to continue to grow dur- and Entrepreneurship, Russell Senate Office deterrent from making a conventional loan ing these economically challenging times. Building, Washington, DC. was the amount available for down payment. I urge you to support the SBA 504 loan pro- DEAR SENATOR KERRY: I am writing on be- Twenty percent or more is usually required. gram legislation. The future of non-profit half of Neighborhood Business Builders and child care agencies such as the Guild of St. Under the SBA–504 Program, a ten percent the Jewish Vocational Service of Boston in Agnes depends no it! down payment is allowed and standard pro- support of legislation to expand availability Sincerely, cedure for multi-use buildings. Additionally, of SBA 504 loans to non-profit child care cen- EDWARD P. MADAUS, it offers a fixed rate on the SBA portion of ters. the loan. Most small businesses do not have Executive Director. access to fixed rate mortgages, due to the I am currently the Director of Loan Funds size of the loan requests, which enhances the ACCION USA, at Neighborhood Business Builders, which is attractiveness of the SBA–504 Program even Boston, MA, July 8, 2002. an economic development program and US further. Hon. JOHN KERRY, SBA Intermediary Microlender. I have been lending and consulting to small businesses As we were preparing the request package, Chairman, Senate Committee on Small Business for the past year after fifteen years in the we realized that a non-profit did not quality. and Entrepreneurship, Russell Senate Office private sector as founder of three different The owner would personally guarantee the Building, Washington, DC. companies in Boston and Los Angeles. I have loan, and even agreed to form a for profit DEAR SENATOR KERRY: My name is Erika an MPA from the Kennedy School at Har- corporation to hold the property, because Eurkus, and as a member of your Advisory vard University. the underlying tenant was non-profit it Committee on Child Care and Small Busi- would not work. The owner could not change ness, I am writing to voice my support of ex- I am on Senator Kerry’s Child Care and Teeter Totter into a for profit corporation panding the SBA 504 loan program to include Small Business Advisory Committee, and am without jeopardizing its subsidies for low-in- nonprofit child care centers. Co-chair of the Sub Committee on Family I am the greater Boston program director come children. Child Care. for ACCION USA, a nonprofit ‘‘micro’’ lender I support legislative change to the 504 loan OMNIBANK and the day care center are lo- whose mission is to make access to credit a cated in Houston’s fifth ward, most of which program because our committee has uncov- permanent resource to low- and moderate-in- ered a need for government support of non- is classified as low to moderate income. Its come small business owners in the United population is primarily low-income African profit child care centers. The basic reason States—helping to narrow the income gap for this is that, while we recognize a demand Americans and Hispanics. The project was and provide economic opportunity to small viewed by the Bank as a good loan from a for child care in every part of the country, business owners throughout the country. we do not consider that the market fails to business perspective, with many additional Many of the struggling entrepreneurs we benefits to the community at large. profitably supply child care in every part of serve are the owners of small, family-based the country. Ultimately, after appealing to SBA for an day care centers. exception, and spending a great deal of time At ACCION, I regularly come into contact For-profit entities are able to access the on the project, the loan was not completed. with women and men whose dream is to op- capital they need by: (1) Demonstrating de- This delayed a good project from improving erate a successful child care center—to pro- mand for the service provided and (2) Dem- many aspects of an already underserved com- vide a service to the community while mak- onstrating ability to service market rate munity, due to a simple tax classification. ing a better life from something they love to debt with acceptable risk. Non-profit centers As stated earlier, OMNIBANK receives con- do. Often, what keeps these hardworking en- emerge when: (1) Demonstrated demand for sistent requests from day care centers, most trepreneurs from fully realizing that dream the service is evident, but (2) The market of which are non-profit. I believe that a Pilot is a lack of working capital to begin and will not support the true cost of the service Program as proposed, will prove that these grow their businesses. Microlenders like provided. These non-profit centers are unable are viable and valuable businesses. I would ACCION are the only place they can turn for to access traditional forms of capital be- recommend that all other standard criteria, the crucial capital they need for their busi- cause they cannot demonstrate an ability to proven track record, cash flow, management nesses. Mauro Leija, an ACCION client in service debt at an acceptable risk. expertise, etc. remain. San Antonio, Texas, has tried—and failed— The SBA 504 loan program would help miti- I look forward to any questions you may to secure capital from commercial banks. gate the risk to lenders who will then be able have, or any further examples I can provide. ‘‘The loan officer at the bank said, ‘Be real- to provide the necessary capital for the serv- Sincerely, istic—you’ll never get a loan. You have no ice that we know is in demand. The tax sta- JULIE A. CRIPE college diploma, no capital, no history with tus of a child care center should be irrele- President and Chief Operating Officer. any bank,’ ’’ Mauro remembers. This lack of vant, since the 501(C)3 status is only granted S4972 CONGRESSIONAL RECORD — SENATE April 8, 2003

when there is evidence of a public good being THE COMMONWEALTH OF MASSACHU- the agency. The SBA is already making provided. SETTS, EXECUTIVE OFFICE OF working capital loans to non-profit childcare Sincerely, HEALTH AND HUMAN SERVICES, OF- centers through its Microenterprise Loan ERIC KORSH, FICE OF CHILD CARE SERVICES, Fund Program. Director of Loan Funds, Neighborhood Boston, MA, July 11, 2002. If you have any questions, please to not Business Builders. Chairman JOHN KERRY, hesitate to contact me. Senate Committee on Small Business and Entre- Sincerely, preneurship, Russell Building, Washington, CHRISTOPHER SIKES, SOUTH EASTERN ECONOMIC DC. Executive Director. DEVELOPMENT CORPORATION, DEAR CHAIRMAN KERRY: The Massachusetts Taunton, MA, July 10, 2002. Office of Child Care Services (OCCS) fully By Mr. SANTORUM (for himself, Chairman JOHN KERRY, supports expansion of the SBA 504 loan pro- Senate Committee on Small Business and Entre- Mrs. LINCOLN, Mr. JEFFORDS, gram to include non-profit child care pro- Mr. KYL, Mr. COLEMAN, and preneurship, Russell Building, Washington, grams. OCCS is the state’s licensing agency DC. responsible for setting and enforcing strong Mrs. CLINTON): Re non profit child care center eligibility health, safety and education standards for S. 823. A bill to amend title XVIII of under the SBA 504 program. child care programs throughout the Com- the Social Security Act to provide for monwealth. OCCS is also the lead state agen- the expeditious coverage of new med- DEAR SENATOR KERRY: As a member of the cy responsible for the administration and Advisory Committee on Child Care and ical technology under the Medicare purchase of all human services child care Small Business as well as Vice President at program, and for other purposes; to the subsidies across the state. As a result, this Committee on Finance. South Eastern Economic Development agency is greatly invested in the availability (SEED) Corporation, I am writing in support of these child care programs and in increas- Mr. SANTORUM. Mr. President, I am of the idea of expanding the SBA 504 program ing the capacity of child care services to pleased to join today with my col- to allow for non profit child care centers to benefit more families in the Commonwealth. league, Senator BLANCHE LINCOLN, as be eligible for financing under the program. Currently there are approximately 17,000 well as Senators JEFFORDS, KYL, COLE- SEED Corporation is a Certified Develop- licensed child care facilities in the Common- MAN and CLINTON, in introducing the ment Company certified and accredited to wealth which can provide services to over Medicare Innovation Responsiveness 200,000 children. Many of these facilities are administer the SBA 504 program throughout Act of 2003. southeastern Massachusetts. Over the past 2 non-profit programs that serve low-income years, SEED has been the number one SBA families that are receiving child care sub- Given all that is going on in the 504 lender in the state. SEED is also an ap- sidies to help them become or remain em- world today, it is sometimes difficult proved SBA Microenterprise Intermediary ployed, and families that are or were receiv- to focus on issues related to Medicare and we have enjoyed and made use of the ing TANF. The availability and accessibility coverage, coding and payment proce- ability to provide micro loans to non-profit of child care is one of the main reasons that dures. But we must, because every day child care businesses since the microenter- families can continue to successfully transi- there are seniors and people with dis- prise intermediary legislation made the spe- tion from welfare to work. There are cur- abilities in need of lifesaving and life- rently approximately 18,000 children on the cial provision for non profit child care pro- enhancing medical treatments and viders to be eligible for SBA micro loan waiting list for a child care subsidy. The re- authorization of TANF may further increase technologies. funds. My primary responsibilities at SEED And every day, there are creative include origination, underwriting and clos- the number of families seeking subsidized ing SBA 504 loans as well as the oversight child care and Massachusetts must be ready people in Pennsylvania, Arkansas, and and development of SEED’s micro loan and to provide quality care. Accordingly, current all across our great country developing business assistance activities. and future non-profit programs will greatly new ways to prevent and treat illness benefit from the expansion of the SBA 504 and save lives. Medicare patients Over the past five years, SEED has assisted loan program, as will the families that they over 10 FOR-PROFIT child care businesses to serve. should not be denied access to these obtain SBA 504 financing for their start-up OCCS is a member of the Advisory Com- new procedures and technologies be- or expansion projects. However, we have also mittee on Child Care and Small Business and cause the Medicare program is slow to had to turn away an equal number of non- fully supports the Committee’s mission of respond to innovations in medical care profit child care centers that were seeking uniting the small business and child care and the changing needs of patients. similar assistance due to the fact that non communities to help providers maximize Congress passed legislation with profit entities are not eligible under the SBA their income while providing quality child strong bipartisan support in 1999 and in 504 program. care. Expansion of the SBA 504 loan program will undoubtedly help expand the avail- 2000 to try to address these problems. As we have learned from discussions and ability and accessibility of quality child Unfortunately, however, Medicare has analysis with the Advisory Committee on care. Thank you for your support of this im- failed to deliver on key commitments Child Care and Small Business, access to portant legislation. If I can be of further as- in the legislation and these barriers long term, fixed market or below-market sistance please do not hesitate to contact persist. rate financing is essential to any child care me. That is why we are here today—to in- center. The slim margins that characterize Sincerely, this industry limit any child care center’s troduce legislation that will finally ARDITH WIEWORKA, make timely access to lifesaving ad- ability to grow. The SBA 504 program offers Commissioner. the type of fixed rate financing that not only vanced medical tests and treatments assists the business to keep its occupancy WESTERN MASSACHUSETTS for Medicare patients a reality. Our costs under control but also serves to sta- ENTERPRISE FUND, INC., bill builds on constructive approaches bilize its operations over the long term. The Greenfield, MA, July 12, 2002. the Centers for Medicare and Medicaid program also provides an incentive to a bank Senator JOHN KERRY, Services, CMS, has taken recently to to provide fixed asset financing to a business Chairman, Senate Committee on Small Business help Medicare keep up with advance- that might not otherwise be able to afford a and Entrepreneurship, Russell Office Build- ments in treating patients. conventional commercial mortgage. The ing, Washington, DC. non-profit child care centers provide the DEAR SENATOR KERRY: I am writing in For example, CMS recently took same quality of care as the for-profit cen- strong support of the legislation to expand proactive, unprecedented steps to ad- ters. Preventing non-profit child care centers the use of the SBA 504 program to include dress one of the newest innovations in from making use of the SBA 504 program the financing of non-profit childcare centers. minimally invasive cardiology that when their for-profit competitors are able to As a member of Senator Kerry’s Childcare will soon be available for patients: results in discrimination against the chil- Advisory Committee and the Executive Di- drug-eluting stents. These tiny medal dren they serve; and, in general, the major- rector of the Western Massachusetts Enter- prise Fund (which makes loans to non-prof- scaffolds, long-used to reopen blocked ity of child care centers operating in our heart arteries, can be more effective state’s neediest areas are non-profit. its), I have seen a clear need for both more flexible and lower cost financing. now that researchers have combined For these reasons, I would like to support The SBA 504 program meets both those them with time-released drugs to pre- your efforts to expand the SBA 504 program needs. By providing up to 40 percent financ- vent the growth of unwanted cells. The enabling non-profit child care centers to be ing, the SBA 504 program can help childcare Agency established new hospital inpa- eligible for fixed asset financing under the centers more easily leverage bank financing. tient codes and reimbursements for the 504 program. Thank you for your efforts. Additionally, the program offers highly com- Sincerely, petitive interest rates. new stints because it recognized that HEATHER DANTON, Finally, allowing the SBA to make loans the technology will quickly become the Vice President. to non-profit childcare centers is not new to standard of care when approved by April 8, 2003 CONGRESSIONAL RECORD — SENATE S4973 FDA in the coming weeks. The Agency cash balance plans. Many of the em- I want to make it very clear: I am understood the potential the stents ployees whose pension plans were to be not opposed to all cash balance plans. hold to transform patient care and altered drastically weren’t told and Some cash balance plans can be very health care delivery—and acted in a didn’t notice that they were essentially good. What I oppose is the unilateral timely fashion. going to be working for years without decision of a company being able to This forward-looking approach earning any more benefits. Their not change their plans and stop contrib- should be the rule, not the exception, knowing was viewed as a key benefit uting to older employees’ pensions in dealing with new treatment break- by management. And the retirees were while benefits are given to newer em- throughs. And that is what our legisla- furious. ployees. tion today seeks to achieve. As Keith Williams with Watson That is what this issue is all about. It At an event where Senator LINCOLN Wyatt Worldwide and Amy Viener with is fairness. It is equity. I know discus- and I spoke to underscore the need for William Mercer, two firms that put to- sion of pension law can become very this legislation, we were pleased to be gether these plans in 1998 said at an convoluted. But in essence, what some joined by medical professionals from Actuaries conference: of these companies have been doing to our respective states, people who took Mr. Williams: I’ve been involved in cash these workers is nothing less than time out of their busy schedules to balance plans five or six years down the road sheer thievery. They are able to save come to Washington, DC and help us and what I have found is that while employ- millions, in some cases hundreds of explain the importance of some of the ees understand it, it is not until they are ac- millions of dollars, by converting their provisions in the bill we are intro- tually ready to retire that they understand plans, robbing workers who have been ducing today. how little they are actually getting. loyal and hard working, robbing them For example, three years after a Ms. Viener: Right, but they’re happy while of their rightful claims on future bene- they’re employed. mandate from Congress, Medicare has fits, It is not right. It is not fair. yet to provide special transitional pay- One of the most abusive practices in There is one thing that has distin- ments for any new medical device used cash balance conversions is known as guished the American workplace from in the inpatient setting. As a result, ‘‘wear away.’’ Older workers see noth- others around the world. We have val- Medicare will continue to take any- ing added to their pensions as the value ued loyalty. At least we used to. That where from 15 months to five years to of the pensions is frozen, often for is one of the reasons pension plans integrate a new medical technology many years, until it reaches the lower exist—the longer you work somewhere, into the inpatient setting—and that is value of the new pension plan. At the the more you earn in your pension pro- after it has already been approved as same time younger workers are getting gram. Obviously, the longer you work safe and effective by the FDA. Dr. their pensions increased. In my view, someplace, the better you do your job, Mark Wholey from Pittsburgh is in- this is clearly age discrimination and the more you learn about it, the more volved in research on carotid stenting, bad pension policy. In 1999, I intro- productive you are. We should value and he commented today on the prom- duced a bill to make it illegal for cor- that loyalty. ise of this new treatment option and porations wear away the benefits of If companies are able to wear away the importance of reducing barriers to older workers during conversions to the benefits of the longest serving Medicare patient access for new and in- cash balance plans. I offered my bill as workers, what kind of a signal does novative technologies. an amendment. Forty-eight Senators, that send to the workers? It tells work- In another area of coverage policy, including 3 Republicans, voted to waive ers they are fools if they are loyal be- Medicare discourages development of the budget point of order so we could cause if you put in 20 to 25 years, the breakthrough devices like heart assist consider this amendment. We did not boss can just change the rules of the devices because it does not cover the have enough votes then, but I believe game, and break their promise. It tells routine costs of clinical trials for many the tide is turning. younger workers that it would be crazy innovative technologies. Dr. Walter After that vote, more and more sto- to work for a company for a long time, Pae, Professor of Surgery at Penn ries came out about how many workers that it’s best to hedge your bets and State University, also came to Wash- were losing their pensions. In Sep- move on as soon as it is convenient. ington today to share some details of tember of 1999, the Secretary of the This destroys the kind of work ethic the pioneering work he is doing at Her- Treasury put a moratorium on conver- we have come to value and that we shey Medical Center and to reinforce sions from defined benefit plans to cash know built this country. But some of the importance of patient access to balance plans. That moratorium has these cash balance conversions counter these promising clinical trials. been in effect now for over three years. all of that. Her is an analogy. Imagine These reforms are reasonable and bi- In April of 2000, I offered a sense-of-the- I hire someone for five years with a partisan. Most importantly, they are Senate resolution to stop this practice, promise of a $50,000 bonus at the end of critical to patients in need of new and and it passed the Senate unanimously. five years of service. At the end of breakthrough technologies. I look for- But last December, the Treasury de- three years, however, I renege on the ward to working with Senator LINCOLN cided to end that moratorium. The De- $50,000 bonus. But the employee has and my colleagues on the Finance partment proposed a regulation that three years invested. Had they known Committee in moving these important will allow hundreds of companies, that the deal was going to be off, per- reforms in Committee and the Senate many employing thousands of workers haps they would not have gone to work this year. each to go forward with conversions for me. They could have gone to work that will allow for the wear-away of someplace else for a total higher com- By Mr. HARKIN (for himself, Mr. the current benefits of people across pensation package. Is that the way we DURBIN, Mr. FEINGOLD, Mr. the country. This plan is breathtaking want to treat workers in this country, KENNEDY, and Mrs. BOXER): in its audacity. In a time when people where the employer has all the cards S. 825. A bill to amend the Employee have lost their life savings to market and employees have none, and employ- Retirement Income Security Act of downturns and corporate duplicity, ers can make whatever deal they want, 1974 and the Internal Revenue Code of they are looking at changing the rules but can change the rules at any time? 1986 to protect pension benefits of em- so that employers can once again bol- That is why I am introducing this ployees in defined benefit plans and to ster their bottom line by shifting funds legislation. It is simple. It says that direct the Secretary of the Treasury to from the pensions they promised their you have to give older, longer serving enforce the age discrimination require- workers. I will not stand by and let it employees a choice, at retirement, ments of the Internal Revenue Code happen. when their pension plan is converted to 1986; to the Committee on Health, Edu- There are over 800 age discrimination a cash balance plan to get the benefits cation, Labor, and Pensions. complaints currently pending before earned in the old plan instead. It also Mr. HARKIN. Mr. President, in the the EEOC based on cash balance con- says that employers must start count- early 1990s, a large number of U.S. versions. How many more will there be ing the new cash balance benefits companies began a process of switching if we again start allowing companies to where the old defined benefit plan left their defined benefit pension plans to make these abusive conversions? off, instead of starting the cash balance S4974 CONGRESSIONAL RECORD — SENATE April 8, 2003 plan at a lower level than an employee A Concurrent Resolution will help tion; which was referred to the Com- had already earned. pave the way for this effort. I ask my mittee on Health, Education, Labor, In the March 3, 2002 issue of Fortune colleagues to join me in supporting and Pensions: magazine, Janice Revell said of the this tribute to our military families. S. RES. 109 possible impending flood of cash bal- I request unanimous consent that the Whereas polio has caused millions of cas- ances conversions: ‘‘Brace yourself for full text of my resolution be printed in ualties through history, paralyzing millions a very un-fairy-tale ending to this the CONGRESSIONAL RECORD. and killing untold numbers of others; Whereas polio remains a public health tory. Millions of American workers are f sure to see a large slice of their retire- threat in today’s world, despite being easily ment income go up in smoke. It may SENATE RESOLUTION 108—DESIG- preventable by vaccination; NATING THE WEEK OF APRIL 21 Whereas polio is now limited to 10 coun- not happen right away, but the ground- tries, with the distinct possibility that it can work is being laid right now.’’ THROUGH APRIL 27 2003, AS ‘‘NA- be once and forever extinguished as an afflic- I urge my colleagues in the Senate to TIONAL COWBOY POETRY WEEK’’ tion on mankind by ensuring the vaccination join me in cosponsoring this measure, Mr. BURNS (for himself, Mr. BAUCUS, of all children in these countries under the so that we can stop the flood before it Mr. BROWNBACK, Mr. HATCH, and Mr. age of 5; Whereas a Global Polio Eradication Initia- starts. REID) submitted the following resolu- tive exists that seeks to once and forever end f tion; which was referred to the Com- polio as an illness, which includes efforts un- mittee on the Judiciary: SUBMITTED RESOLUTIONS derway by the Centers for Disease Control S. RES. 108 and Prevention; and Whereas throughout American history, Whereas the United States has the capac- cowboy poets have played a large part in ity to act to speed the eradication of polio by SENATE RESOLUTION 107—EX- framing the landscape of the American West assisting in the targeting of its few remain- PRESSING THE SENSE OF THE through written and oral poetry; ing reservoirs: Now, therefore, be it SENATE TO DESIGNATE THE Whereas the endurance of these tales and Resolved, That the Senate— MONTH OF NOVEMBER 2003 AS poems demonstrates that cowboy poetry is (1) expresses serious concern about the ‘‘NATIONAL MILITARY FAMILY still a living art; continuing menace posed by polio; MONTH’’ Whereas recognizing the contributions of (2) implores the United Nations and its these poets dates as far back as cowboys component agencies, the private sector, pri- Mr. INOUYE submitted the following themselves; and vate voluntary organizations and non-gov- resolution; which was referred to the Whereas it is necessary to recognize the ernmental organizations, concerned States, Committee on the Judiciary: importance of cowboy poetry for future gen- and international financial institutions to act with haste and manifold dedication to S. RES. 107 erations: Now therefore be it Resolved, That the Senate— eradicate polio as soon as possible; and Whereas military families, through their (1) designates that week of April 21 (3) calls upon the executive branch to pro- sacrifices and their dedication to our Nation through April 27, 2003, as ‘‘National Cowboy vide the necessary human and material re- and its values, represent the bedrock upon Poetry Week’’; and sources to end the scourge of polio once and which our Nation was founded and upon (2) requests the President to issue a procla- for all, including closely monitoring labora- which our Nation continues to rely in these mation calling upon the people of the United tory stocks of the polio virus. perilous and challenging times: Now, there- States to celebrate the week with the appro- Mr. FEINGOLD. Mr. President, I rise fore, be it priate ceremonies, activities, and programs. Resolved, That it is the sense of the Sen- to submit a resolution supporting glob- ate— Mr. BURNS. Mr. President, I would al efforts to eradicate the scourge of (1) that the month of November 2003 should like to submit a resolution for consid- polio from the face of the earth. be designated as ‘‘National Military Family eration by the Senate marking the last It was not so long ago that American Month’’; and week in April as ‘‘Cowboy Poetry parents were afraid to send their chil- (2) to request that the President— Week.’’ Many think cowboys are a dren to public swimming pools in the (A) designate the month of November 2003 thing of the past, but I can tell you summer for fear that they would con- as ‘‘National Military Family Month’’; and tact this deadly disease. More than (B) issue a proclamation calling upon the otherwise. In many western States like Montana, cowboys gather around a 57,000 cases were reported in the United people of the United States to observe the States in 1952. President Franklin Roo- month with appropriate ceremonies and ac- campfire and swap stories just as fre- tivities. quently as they did one hundred years sevelt, himself disabled by polio, estab- lished the March of Dimes in 1938 to Mr. INOUYE. Mr. President, today I ago. This oral tradition is now cap- tured in written form as well, and sev- find a cure for the disease. Sixteen rise to honor all our military families years later, mass vaccination began, eral websites are dedicated solely to by introducing a Resolution to des- using a serum developed by Dr. Jonas preserving and disseminating cowboy ignate November 2003, as National Mili- Salk. Infections declined nearly 90 per- poetry and its history. My resolution tary Family Month. As we all know, cent within three years. Routine ad- will recognize the contribution of cow- memories fade and the hardships expe- ministration of the Salk vaccine, and boy poetry to our history of the West, rienced by our military families are the subsequent oral vaccine developed but also to mark it as a thriving tradi- easily forgotten unless they touch our by Dr. Albert Sabin, soon relegated tion that continues even today. I thank own immediate family. polio to the history books in the my colleagues Senators BAUCUS, Today, we have our men and women United States and many other coun- BROWNBACK, HATCH, and REID for their deployed all over the world, engaged in tries. The disease continued to take its this war on terrorism. These far-rang- support on this issue. The life of cow- toll, however, in those parts of the ing military deployments are ex- boys should not be relegated to small world where universal vaccination was tremely difficult on the families who weekly radio shows or features done on beyond people’s means. bear this heavy burden. public television; it is important to un- In 1988, the World Health Assembly To honor these families, the Armed derstand that cowboys live and breathe set a goal of eradicating polio world- Services YMCA has sponsored Military a unique culture which few may be ex- wide by the year 2000. In that year Family Week in late November since posed to. I would encourage all my col- there were an estimated 350,000 polio 1996. However, due to frequent ‘‘short leagues to take a walk in their boots cases in 125 countries. The World week’’ conflicts around the Thanks- one day, and read a little cowboy po- Health Organization, the U.S. Centers giving holidays, the designated week etry. for Disease Control and Prevention, has not always afforded enough time to f UNICEF, and Rotary International schedule observance on and near our spearheaded a global campaign to military bases. SENATE RESOLUTION 109—EX- eradicate polio, as smallpox had been I believe a month long observation PRESSING THE SENSE OF THE eradicated in 1979. As a result of this will allow greater opportunity to plan SENATE WITH RESPECT TO campaign, the Western Hemisphere was events. Moreover, it will provide a POLIO certified polio free in 1994. The Western greater opportunity to stimulate media Mr. FEINGOLD (for himself and Mr. Pacific—including the world’s largest support. DODD) submitted the following resolu- country, China—followed suit in 2000. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4975 But polio hung on in 10 countries in Af- WARNER, and Mr. WYDEN) submitted Iraq, or any other person, directs para- rica, South Asia, and the Middle East, the following resolution; which was military, political, or guerrilla forces; with 480 cases reported in 2001. Since considered and agreed to: (3) in the determination of appropriate per- then, Europe has been certified polio- sons to be charged and tried by such tri- S. RES. 110 bunal, consideration should also be given to free. But the disease has bounced back Whereas Mary Jane Jenkins Ogilvie, a identifying persons who use political posi- in India and Nigeria, and there were friend to the United States Senate who suc- tion or mass media in any of the violations; 1,462 cases reported in seven countries cumbed April 1, 2003, to infirmities that she and in 2002. The eradication target has been had battled courageously over many years (4) in the determination of the violations extended to 2005. was— of the international law of armed conflict to This resolution seeks to bolster the (1) petite in size, but grand in character, a be tried by the tribunal, particular attention efforts of the WHO, UNICEF, CDC and woman with strong independent status, should be given to acts in the nature of those Rotary International to eliminate this while still being steadfastly supportive of that, as of the date of this resolution, have her husband during his chaplaincy; dreaded disease once and for all. It has already been committed by Iraqi directed (2) an active, vibrant, frank, honest, vig- forces, such as— been estimated that doing so would orous, and warm friend, especially to many (A) the abuse of places protected from produce direct, global financial bene- Senate spouses, during her eight years here; military attack under international law of fits of $1.7 billion a year mostly by (3) a loving wife and mother who, though armed conflict, such as the use of mosques eliminating the need for further vac- she missed her family in California, was a and hospitals as military headquarters or for cinations and their associated risks vital partner in her husband’s service to the other military purposes; and would free millions from fear. Senate, near the end of which she returned (B) the ruse by which Iraqi combatants I especially want to commend the ef- home to California; wear civilian clothing instead of, or over, forts of Rotary members worldwide, (4) a devout woman, a fighter to the end, uniforms to conceal their status as combat- an individual impressive for her style, her who have set a goal of raising $80 mil- ants and, while so clothed, attack coalition spirit, and her strong faith; and forces, including by means of suicide bomb- lion this year for polio eradication. Ro- (5) the center of her family, cherished by ing by which a combatant appearing to be a tary has committed more than $500 her husband Lloyd, her children Heather, civilian operator of a car detonates explo- million to the campaign since 1988. Scott, and Andrew, and her grandchildren sives concealed in the car; This represents the finest spirit of Erin, Airley, Bonnie, and Scotter: Now, (C) the ruse by which Iraqi combatants community action to address global therefore, be it feign surrender to coalition forces to gain problems, harkening back to when Resolved, That the Senate— advantage used by the Iraqi combatants to American families collected dimes to (1) mourns the loss of Mary Jane Jenkins attack personnel of the coalition forces; Ogilvie; wipe out polio in this country. I urge (D) the use of civilians or other persons (2) recognizes her contributions to the Sen- protected under international law of armed all my colleagues to emulate the spirit ate family; conflict as human shields for Iraqi combat- of the Rotarians by supporting this res- (3) admires her courage and loyalty; and ants on the battlefield; olution. (4) expresses gratitude that she is now with (E) assault, murder, kidnapping, or torture f the Lord. of civilians or other persons protected under SEC. 2. TRANSMISSION OF ENROLLED RESOLU- international law in order to terrorize those SENATE RESOLUTION 110—HON- TION. persons or others or to prevent them from ORING MARY JANE JENKINS The Secretary of the Senate shall transmit gaining the protection of coalition forces; OGILVIE, WIFE OF FORMER SEN- an enrolled copy of this resolution to the (F) abuse, torture, assault, or murder of ATE CHAPLAIN, REVEREND DR. family of Mary Jane Jenkins Ogilvie. personnel of coalition forces entitled to treatment as prisoners of war or of civilians LLOYD JOHN OGILVIE f entitled to a protected status under inter- Mr. KYL (for himself, Mr. FRIST, Mr. SENATE CONCURRENT RESOLU- national law; and DASCHLE, Mr. STEVENS, Mr. MCCON- TION 34—CALLING FOR THE (G) recruitment or encouragement of non- NELL, Mr. REID, Mr. BYRD, Mr. AKAKA, PROSECUTION OF IRAQIS AND Iraqi foreign nationals to engage in viola- Mr. ALEXANDER, Mr. ALLARD, Mr. tions of the international law of armed con- THEIR SUPPORTERS FOR WAR ALLEN, Mr. BAUCUS, Mr. BAYH, Mr. flict. CRIMES, AND FOR OTHER PUR- BENNETT, Mr. BIDEN, Mr. BINGAMAN, f POSES Mr. BOND, Mrs. BOXER, Mr. BREAUX, AMENDMENTS SUBMITTED AND Mr. SPECTER (for himself and Mr. Mr. BROWNBACK, Mr. BUNNING, Mr. PROPOSED BURNS, Mr. CAMPBELL, Ms. CANTWELL, BIDEN) submitted the following concur- Mr. CARPER, Mr. CHAFEE, Mr. rent resolution; which was referred to SA 526. Mr. GRASSLEY (for himself and Mr. BAUCUS) proposed an amendment to the CHAMBLISS, Mrs. CLINTON, Mr. COCH- the Committee on Foreign Relations: bill S. 476, to provide incentives for chari- RAN, Mr. COLEMAN, Ms. COLLINS, Mr. S. CON. RES. 34 table contributions by individuals and busi- CONRAD, Mr. CORNYN, Mr. CORZINE, Mr. Resolved by the Senate (the House of Rep- nesses, to improve the public disclosure of CRAIG, Mr. CRAPO, Mr. DAYTON, Mr. resentatives concurring), That it is the sense activities of exempt organizations, and to DEWINE, Mr. DODD, Mrs. DOLE, Mr. of Congress that— enhance the ability of low-income Americans DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. (1) the governments of the United States, to gain financial security by building assets, EDWARDS, Mr. ENSIGN, Mr. ENZI, Mr. the United Kingdom, and other nations com- and for other purposes. prising the coalition conducting Operation FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- f Iraqi Freedom should ensure the prosecution GERALD, Mr. GRAHAM of Florida, Mr. by tribunal of persons in the Government of TEXT OF AMENDMENTS GRAHAM of South Carolina, Mr. GRASS- Iraq, persons in the armed forces of Iraq, and SA 526. Mr. GRASSLEY (for himself LEY, Mr. GREGG, Mr. HAGEL, Mr. HAR- any other persons, regardless of nationality, and Mr. BAUCUS) proposed an amend- KIN, Mr. HATCH, Mr. HOLLINGS, Mrs. who order, direct, solicit, procure, coordi- ment to the bill S. 476, to provide in- HUTCHISON, Mr. INHOFE, Mr. INOUYE, nate, participate in, or support acts in viola- centives for charitable contributions Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- tion of the international law of armed con- by individuals and businesses, to im- NEDY, Mr. KERRY, Mr. KOHL, Ms. flict (including the aspects of such law set forth in the Hague and Geneva Conventions) prove the public disclosure of activities LANDRIEU, Mr. LAUTENBERG, Mr. that are directed at members of the armed of exempt organizations, and to en- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. forces of the coalition nations or at the peo- hance the ability of low-income Ameri- LINCOLN, Mr. LOTT, Mr. LUGAR, Mr. ple of Iraq or any other nation; cans to gain financial security by MCCAIN, Ms. MIKULSKI, Mr. MILLER, (2) in the determination of appropriate per- building assets, and for other purposes; Ms. MURKOWSKI, Mrs. MURRAY, Mr. sons to be charged and tried by such tribunal as follows: NELSON of Florida, Mr. NELSON of Ne- on the basis of command responsibility for On page 24, strike lines 18 through 20, and braska, Mr. NICKLES, Mr. PRYOR, Mr. any violation, consideration should be given insert the following: REED, Mr. ROBERTS, Mr. ROCKEFELLER, to identifying responsible persons through- out the full range of the chain of command, ‘‘(i) IN GENERAL.—In the case of any such Mr. SANTORUM, Mr. SARBANES, Mr. and not only persons within formal chains of contributions by a taxpayer who is an eligi- SCHUMER, Mr. SESSIONS, Mr. SHELBY, command of the government and armed ble farmer or rancher for the taxable year in Mr. SMITH, Ms. SNOWE, Mr. SPECTER, forces of Iraq, but also persons integral to which such contributions are made— Ms. STABENOW, Mr. SUNUNU, Mr. TAL- any informal link by which a person in the On page 45, between lines 11 and 12, insert ENT, Mr. THOMAS, Mr. VOINOVICH, Mr. government of Iraq or the armed forces of the following: S4976 CONGRESSIONAL RECORD — SENATE April 8, 2003

SEC. 113. 10-YEAR DIVESTITURE PERIOD FOR (b) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Section 4253 (relating to CERTAIN EXCESS BUSINESS HOLD- made by this section shall apply to gifts and exemptions) is amended by redesignating INGS OF PRIVATE FOUNDATIONS. bequests made after the date of the enact- subsection (k) as subsection (l) and inserting (a) IN GENERAL.—Section 4943(c) (relating ment of this Act. after subsection (j) the following new sub- to excess business holdings) is amended by On page 86, between lines 11 and 12, insert section: redesignating paragraph (7) as paragraph (8) the following: ‘‘(k) EXEMPTION FOR QUALIFIED BLOOD COL- and by inserting after paragraph (6) the fol- SEC. 313. EXEMPTION OF QUALIFIED 501(c)(3) LECTOR ORGANIZATIONS.—Under regulations BONDS FOR NURSING HOMES FROM lowing new paragraph: provided by the Secretary, no tax shall be FEDERAL GUARANTEE PROHIBI- imposed under section 4251 on any amount ‘‘(7) 10-YEAR PERIOD TO DISPOSE OF CERTAIN TIONS. paid by a qualified blood collector organiza- LARGE GIFTS AND BEQUESTS.— (a) IN GENERAL.—Section 149(b)(3) (relating tion (as defined in section 7701(a)) for serv- ‘‘(A) IN GENERAL.—Paragraph (6) shall be to exceptions) is amended by adding at the ices or facilities furnished to such organiza- applied by substituting ‘10-year period’ for end the following new subparagraph: tion.’’. ‘5-year period’ if— ‘‘(E) EXCEPTION FOR QUALIFIED 501(c)(3) (2) CONFORMING AMENDMENT.—Section ‘‘(i) upon the election of a private founda- BONDS FOR NURSING HOMES.— 4253(l), as redesignated by paragraph (1), is tion, it is established to the satisfaction of ‘‘(i) IN GENERAL.—Paragraph (1) shall not amended by striking ‘‘or (j)’’ and inserting the Secretary that— apply to any qualified 501(c)(3) bond issued ‘‘(j), or (k)’’. ‘‘(I) the excess business holdings (or in- before the date which is 1 year after the date (d) CREDIT FOR REFUND FOR CERTAIN TAXES crease in excess business holdings) in a busi- of the enactment of this subparagraph for ON SALES AND SERVICES.— ness enterprise by the private foundation in the benefit of an organization described in (1) DEEMED OVERPAYMENT.— an amount which is not less than section 501(c)(3), if such bond is part of an (A) IN GENERAL.—Section 6416(b)(2) is $1,000,000,000 is the result of a gift or bequest issue the proceeds of which are used to fi- amended by redesignating subparagraphs (E) the fair market value of which is not less nance 1 or more of the following facilities and (F) as subparagraphs (F) and (G), respec- than $1,000,000,000, and primarily for the benefit of the elderly: tively, and by inserting after subparagraph ‘‘(II) after such gift or bequest, the private ‘‘(I) Licensed nursing home facility. (D) the following new subparagraph: foundation does not have effective control of ‘‘(II) Licensed or certified assisted living ‘‘(E) sold to a qualified blood collector or- such business enterprise to which such gift facility. ganization’s (as defined in section 7701(a)(48)) or bequest relates, ‘‘(III) Licensed personal care facility. for such organization’s exclusive use;’’. ‘‘(IV) Continuing care retirement commu- ‘‘(ii) subject to subparagraph (C), the pri- (B) CONFORMING AMENDMENTS.—Section vate foundation submits to the Secretary nity. 6416(b)(2) is amended— IMITATION.—With respect to any cal- with such election a reasonable plan for dis- ‘‘(ii) L (i) by striking ‘‘Subparagraphs (C) and (D)’’ endar year, clause (i) shall not apply to any posing of all of the excess business holdings and inserting ‘‘Subparagraphs (C), (D), and bond described in such clause if the aggre- related to such gift or bequest, and (E)’’, and gate authorized face amount of the issue of ‘‘(iii) the private foundation certifies annu- (ii) by striking ‘‘(C), and (D)’’ and inserting which such bond is a part when increased by ally to the Secretary that the private foun- ‘‘(C), (D), and (E)’’. the outstanding amount of such bonds issued dation is complying with the plan submitted (2) SALES OF TIRES.—Clause (ii) of section by the issuer for such calendar year exceeds under this paragraph, the requirement under 6416(b)(4)(B) is amended by inserting ‘‘sold to $15,000,000. clause (i)(II), and the rules under subpara- a qualified blood collector organization (as ‘‘(iii) CONTINUING CARE RETIREMENT COMMU- graph (D). defined in section 7701(a)(48)),’’ after ‘‘for its ‘‘(B) ELECTION.—Any election under sub- NITY.—For purposes of this subparagraph, the term ‘continuing care retirement com- exclusive use,’’. paragraph (A)(i) shall be made not later than (e) DEFINITION OF QUALIFIED BLOOD COL- munity’ means a community which provides, 6 months after the date of such gift or be- LECTOR ORGANIZATION.—Section 7701(a) is quest and shall— on the same campus, a continuum of residen- amended by inserting at the end the fol- ‘‘(i) establish the fair market value of such tial living options and support services to lowing new paragraph: persons at least 60 years of age under a writ- gift or bequest, and ‘‘(48) QUALIFIED BLOOD COLLECTOR ORGANI- ten agreement. For purposes of the preceding ‘‘(ii) include a certification that the re- ZATION.—For purposes of this title, the term sentence, the residential living options shall quirement of subparagraph (A)(i)(II) is met. ‘qualified blood collector organization’ include independent living units, nursing ‘‘(C) REASONABLENESS OF PLAN.— means an organization which is— home beds, and either assisted living units or ‘‘(i) IN GENERAL.—Any plan submitted ‘‘(A) described in section 501(c)(3) and ex- personal care beds.’’. under subparagraph (A)(ii) shall be presumed empt from tax under section 501(a), reasonable unless the Secretary notifies the (b) EFFECTIVE DATE.—The amendment made by this section shall apply to bonds ‘‘(B) registered by the Food and Drug Ad- private foundation to the contrary not later issued after the date of the enactment of this ministration to collect blood, and than 6 months after the submission of such Act. ‘‘(C) primarily engaged in the activity of plan. SEC. 314. EXCISE TAXES EXEMPTION FOR BLOOD the collection of blood.’’. ‘‘(ii) RESUBMISSION.—Upon notice by the COLLECTOR ORGANIZATIONS. (f) EFFECTIVE DATE.— Secretary under clause (i), the private foun- (a) EXEMPTION FROM IMPOSITION OF SPECIAL (1) IN GENERAL.—Except as provided in dation may resubmit a plan and shall have FUELS TAX.—Section 4041(g) (relating to paragraph (2), the amendments made by this the burden of establishing the reasonable- other exemptions) is amended by striking section shall apply with respect to excise ness of such plan to the Secretary. ‘‘and’’ at the end of paragraph (3), by strik- taxes imposed on sales or uses occurring on ‘‘(D) SPECIAL RULES.—During any period in ing the period in paragraph (4) and inserting or after October 1, 2003. which an election under this paragraph is in ‘‘; and’’, and by inserting after paragraph (4) (2) REFUND OF GASOLINE TAX.—For purposes effect— the following new paragraph: of section 6421(c) of the Internal Revenue ‘‘(i) section 4941(d)(2) (other than subpara- ‘‘(5) with respect to the sale of any liquid Code of 1986 and any other provision that al- graph (A) thereof) shall apply only with re- to a qualified blood collector organization lows for a refund or a payment in respect of spect to any disqualified person described in (as defined in section 7701(a)(48)) for such or- an excise tax payable at a level before the section 4941(a)(1)(B), ganization’s exclusive use, or with respect to sale to a qualified blood collector organiza- ‘‘(ii) section 4942(a) shall be applied by sub- the use by a qualified blood collector organi- tion, the amendments made by this section stituting ‘third’ for ‘second’ both places it zation of any liquid as a fuel.’’. shall apply with respect to sales to a quali- appears, (b) EXEMPTION FROM MANUFACTURERS EX- fied collector organization on or after Octo- ‘‘(iii) section 4942(e)(1) shall be applied by CISE TAX.— ber 1, 2003. substituting ‘12 percent’ for ‘5 percent’, and (1) IN GENERAL.—Section 4221(a) (relating SEC. 315. PILOT PROJECT FOR FOREST CON- ‘‘(iv) section 4942(g)(1)(A) shall be applied to certain tax-free sales) is amended by SERVATION ACTIVITIES. without regard to any portion of reasonable striking ‘‘or’’ at the end of paragraph (4), by (a) TAX-EXEMPT BOND FINANCING.— and necessary administrative expenses. adding ‘‘or’’ at the end of paragraph (5), and (1) IN GENERAL.—For purposes of the Inter- ‘‘(E) INFLATION ADJUSTMENT.—In the case by inserting after paragraph (5) the following nal Revenue Code of 1986, any qualified forest of any taxable year beginning in a calendar new paragraph: conservation bond shall be treated as an ex- year after 2003, the $1,000,000,000 amount ‘‘(6) to a qualified blood collector organiza- empt facility bond under section 142 of such under subparagraph (A)(i)(I) shall be in- tion (as defined in section 7701(a)(48)) for Code. creased by an amount equal to such dollar such organization’s exclusive use,’’. (2) QUALIFIED FOREST CONSERVATION BOND.— amount, multiplied by the cost-of-living ad- (2) CONFORMING AMENDMENTS.— For purposes of this section, the term justment determined under section 1(f)(3) for (A) The second sentence of section 4221(a) ‘‘qualified forest conservation bond’’ means such calendar year, determined by sub- is amended by striking ‘‘Paragraphs (4) and any bond issued as part of an issue if— stituting ‘2002’ for ‘1992’ in subparagraph (B) (5)’’ and inserting ‘‘Paragraphs (4), (5), and (A) 95 percent or more of the net proceeds thereof. If the $1,000,000,000 amount as in- (6)’’. (as defined in section 150(a)(3) of such Code) creased under this subparagraph is not a (B) Section 6421(c) is amended by striking of such issue are to be used for qualified multiple of $100,000,000, such amount shall be ‘‘or (5)’’ and inserting ‘‘(5), or (6)’’. project costs, rounded to the next lowest multiple of (c) EXEMPTION FROM COMMUNICATION EX- (B) such bond is issued for a qualified orga- $100,000,000.’’. CISE TAX.— nization, and April 8, 2003 CONGRESSIONAL RECORD — SENATE S4977 (C) such bond is issued before December 31, make debt service payments during such tax- (ii) restoring and maintaining a represent- 2006. able year for qualified forest conservation ative sample of young, mid, and late succes- (3) LIMITATION ON AGGREGATE AMOUNT bonds. sional forest age classes, ISSUED.— (3) QUALIFIED HARVESTING ACTIVITY.—For (iii) maintaining or restoring the re- (A) IN GENERAL.—The maximum aggregate purposes of paragraph (1)— sources’ ecological health for purposes of face amount of bonds which may be issued (A) IN GENERAL.—The term ‘‘qualified har- preventing damage from fire, insect, or dis- under this subsection shall not exceed vesting activity’’ means the sale, lease, or ease, $2,000,000,000 for all projects (excluding re- harvesting, of standing timber— (iv) maintaining or enhancing wildlife or funding bonds). (i) on land owned by a qualified organiza- fish habitat, or (B) ALLOCATION OF LIMITATION.—The limi- tion which was acquired with proceeds of (v) enhancing research opportunities in tation described in subparagraph (A) shall be qualified forest conservation bonds, sustainable renewable resource uses. allocated by the Secretary of the Treasury (ii) with respect to which a written ac- (2) CONSERVATION RESTRICTION.—The con- among qualified organizations based on cri- knowledgement has been obtained by the servation restriction described in this para- teria established by the Secretary not later qualified organization from the State or graph is a restriction which— than 180 days after the date of the enactment local governments with jurisdiction over (A) is granted in perpetuity to an unre- of this section, after consultation with the such land that the acquisition lessens the lated person which is described in section Chief of the Forest Service. burdens of such government with respect to 170(h)(3) of such Code and which, in the case (4) QUALIFIED PROJECT COSTS.—For pur- such land, and of a nongovernmental unit, is organized and poses of this subsection, the term ‘‘qualified (iii) pursuant to a qualified conservation operated for conservation purposes, project costs’’ means the sum of— plan adopted by the qualified organization. (B) meets the requirements of clause (ii) or (A) the cost of acquisition by the qualified (B) EXCEPTIONS.— (iii)(II) of section 170(h)(4)(A) of such Code, organization from an unrelated person of for- (i) CESSATION AS QUALIFIED ORGANIZATION.— (C) obligates the qualified organization to ests and forest land which at the time of ac- The term ‘‘qualified harvesting activity’’ pay the costs incurred by the holder of the quisition or immediately thereafter are sub- shall not include any sale, lease, or har- conservation restriction in monitoring com- ject to a conservation restriction described vesting for any period during which the orga- in subsection (c)(2), pliance with such restriction, and nization ceases to qualify as a qualified orga- (D) requires an increasing level of con- (B) capitalized interest on the qualified nization. forest conservation bonds for the 3-year pe- servation benefits to be provided whenever (ii) EXCEEDING LIMITS ON HARVESTING.—The circumstances allow it. riod beginning on the date of issuance of term ‘‘qualified harvesting activity’’ shall such bonds, and (3) QUALIFIED ORGANIZATION.—The term not include any sale, lease, or harvesting of ‘‘qualified organization’’ means an organiza- (C) credit enhancement fees which con- standing timber on land acquired with pro- stitute qualified guarantee fees (within the tion— ceeds of qualified forest conservation bonds (A) which is a nonprofit organization sub- meaning of section 148 of such Code). to the extent that— (5) SPECIAL RULES.—In applying the Inter- stantially all the activities of which are (I) the average annual area of timber har- charitable, scientific, or educational, includ- nal Revenue Code of 1986 to any qualified for- vested from such land exceeds 2.5 percent of est conservation bond, the following modi- ing acquiring, protecting, restoring, man- the total area of such land or, fications shall apply: aging, and developing forest lands and other (II) the quantity of timber removed from (A) Section 146 of such Code (relating to renewable resources for the long-term chari- such land exceeds the quantity which can be volume cap) shall not apply. table, educational, scientific and public ben- removed from such land annually in per- (B) For purposes of section 147(b) of such efit, petuity on a sustained-yield basis with re- Code (relating to maturity may not exceed (B) more than half of the value of the prop- spect to such land. 120 percent of economic life), the land and erty of which consists of forests and forest The limitations under subclauses (I) and (II) standing timber acquired with proceeds of land acquired with the proceeds from quali- shall not apply to post-fire restoration and qualified forest conservation bonds shall fied forest conservation bonds, rehabilitation or sanitation harvesting of have an economic life of 35 years. (C) which periodically conducts edu- (C) Subsections (c) and (d) of section 147 of timber stands which are substantially dam- cational programs designed to inform the such Code (relating to limitations on acqui- aged by fire, windthrow, or other catas- public of environmentally sensitive forestry sition of land and existing property) shall trophes, or which are in imminent danger management and conservation techniques, not apply. from insect or disease attack. (D) which has at all times a board of direc- (D) Section 57(a)(5) of such Code (relating (4) TERMINATION.—This subsection shall tors— to tax-exempt interest) shall not apply to in- not apply to any qualified harvesting activ- (i) at least 20 percent of the members of terest on qualified forest conservation bonds. ity of a qualified organization occurring which represent the holders of the conserva- after the date on which there is no out- (6) TREATMENT OF CURRENT REFUNDING tion restriction described in paragraph (2), standing qualified forest conservation bond BONDS.—Paragraphs (2)(C) and (3) shall not (ii) at least 20 percent of the members of apply to any bond (or series of bonds) issued with respect to such qualified organization which are public officials, and to refund a qualified forest conservation or any such bond ceases to be a tax-exempt (iii) not more than one-third of the mem- bond issued before December 31, 2006, if— bond. bers of which are individuals who are or were (A) the average maturity date of the issue (5) PARTIAL RECAPTURE OF BENEFITS IF HAR- at any time within 5 years before the begin- of which the refunding bond is a part is not VESTING LIMIT EXCEEDED.—If, as of the date ning of a term of membership on the board, later than the average maturity date of the that this subsection ceases to apply under an employee of, independent contractor with bonds to be refunded by such issue, paragraph (3), the average annual area of respect to, officer of, director of, or held a (B) the amount of the refunding bond does timber harvested from the land exceeds the material financial interest in, a commercial not exceed the outstanding amount of the re- requirement of paragraph (3)(B)(ii)(I), the forest products enterprise with which the funded bond, and tax imposed by chapter 1 of the Internal Rev- qualified organization has a contractual or (C) the net proceeds of the refunding bond enue Code of 1986 shall be increased, under other financial arrangement, are used to redeem the refunded bond not rules prescribed by the Secretary of the (E) the bylaws of which require at least later than 90 days after the date of the Treasury, by the sum of the tax benefits at- two-thirds of the members of the board of di- issuance of the refunding bond. tributable to such excess and interest at the rectors to vote affirmatively to approve the For purposes of subparagraph (A), average underpayment rate under section 6621 of qualified conservation plan and any change maturity shall be determined in accordance such Code for the period of the under- thereto, and with section 147(b)(2)(A) of such Code. payment. (F) upon dissolution, is required to dedi- (7) EFFECTIVE DATE.—This subsection shall (c) DEFINITIONS.—For purposes of this sec- cate its assets to— apply to obligations issued on or after the tion— (i) an organization described in section date which is 180 days after the enactment of (1) QUALIFIED CONSERVATION PLAN.—The 501(c)(3) of such Code which is organized and this Act. term ‘‘qualified conservation plan’’ means a operated for conservation purposes, or (b) ITEMS FROM QUALIFIED HARVESTING AC- multiple land use program or plan which— (ii) a governmental unit described in sec- TIVITIES NOT SUBJECT TO TAX OR TAKEN INTO (A) is designed and administered primarily tion 170(c)(1) of such Code. ACCOUNT.— for the purposes of protecting and enhancing (4) UNRELATED PERSON.—The term ‘‘unre- (1) IN GENERAL.—Income, gains, deductions, wildlife and fish, timber, scenic attributes, lated person’’ means a person who is not a losses, or credits from a qualified harvesting recreation, and soil and water quality of the related person. activity conducted by a qualified organiza- forest and forest land, (5) RELATED PERSON.—A person shall be tion shall not be subject to tax or taken into (B) mandates that conservation of forest treated as related to another person if— account under subtitle A of the Internal Rev- and forest land is the single-most significant (A) such person bears a relationship to enue Code of 1986. use of the forest and forest land, and such other person described in section 267(b) (2) LIMITATION.—The amount of income ex- (C) requires that timber harvesting be con- (determined without regard to paragraph (9) cluded from gross income under paragraph sistent with— thereof), or 707(b)(1), of such Code, deter- (1) for any taxable year shall not exceed the (i) restoring and maintaining reference mined by substituting ‘‘25 percent’’ for ‘‘50 amount used by the qualified organization to conditions for the region’s ecotype, percent’’ each place it appears therein, and S4978 CONGRESSIONAL RECORD — SENATE April 8, 2003 (B) in the case such other person is a non- On page 125, strike lines 10 through 12, and (B) by redesignating paragraphs (1) profit organization, if such person controls insert the following: through (4) as subparagraphs (A) through directly or indirectly more than 25 percent of (a) IN GENERAL.—Section 7701, as amended (D), respectively, and moving the margins 2 the governing body of such organization. by this Act, is amended by redesignating ems to the right; SEC. 316. CLARIFICATION OF TREATMENT OF subsection (o) as subsection (p) and by in- (C) by inserting ‘‘that such penalty is in JOHNNY MICHEAL SPANN PATRIOT serting after subsection (n) the following the public interest and’’ after ‘‘hearing,’’; TRUSTS. new subsection: (D) by striking ‘‘In any proceeding’’ and in- (a) CLARIFICATION OF TAX-EXEMPT STATUS On page 125, line 13, strike ‘‘(m)’’ and insert serting the following: OF TRUSTS.— ‘‘(o)’’. ‘‘(1) IN GENERAL.—In any proceeding’’; and On page 148, line 21, strike ‘‘section (1) IN GENERAL.—Subsection (b) of section (E) by adding at the end the following: 7701(m)(1)’’ and insert ‘‘section 7701(o)(1)’’. 601 of the Homeland Security Act of 2002 is ‘‘(2) OTHER MONEY PENALTIES.—In any pro- amended to read as follows: On page 148, line 24, strike ‘‘section 7701(m)(2)’’ and insert ‘‘section 7701(o)(2)’’. ceeding under section 21C against any per- ‘‘(b) DESIGNATION OF JOHNNY MICHEAL son, the Commission may impose a civil On page 175, after line 20, add the fol- SPANN PATRIOT TRUSTS.—Any charitable cor- monetary penalty if it finds, on the record lowing: poration, fund, foundation, or trust (or sepa- after notice and opportunity for hearing, rate fund or account thereof) which is de- SEC. 723. SECURITIES CIVIL ENFORCEMENT PRO- that such person is violating, has violated, VISIONS. scribed in section 501(c)(3) of the Internal or is or was a cause of the violation of, any (a) AUTHORITY TO ASSESS CIVIL MONEY Revenue Code of 1986 and exempt from tax provision of this title or any rule or regula- PENALTIES.— under section 501(a) of such Code and meets tion thereunder, and that such penalty is in (1) SECURITIES ACT OF 1933.—Section 8A of the requirements described in subsection (c) the public interest.’’. shall be eligible to designate itself as a the Securities Act of 1933 (15 U.S.C. 77h–1) is amended by adding at the end the following (3) INVESTMENT COMPANY ACT OF 1940.—Sec- ‘Johnny Micheal Spann Patriot trust’.’’. tion 9(d)(1) of the Investment Company Act (2) CONFORMING AMENDMENT.—Section new subsection: ‘‘(g) AUTHORITY OF THE COMMISSION TO AS- of 1940 (15 U.S.C. 80a–9(d)(1)) is amended— 601(c)(3) of such Act is amended by striking (A) in subparagraph (C), by striking ‘‘based’’ and all that follows through SESS MONEY PENALTY.— ‘‘(1) IN GENERAL.—In any cease-and-desist ‘‘therein;’’ and all that follows through the ‘‘Trust’’. end of the paragraph and inserting ‘‘super- (b) PUBLICLY AVAILABLE AUDITS.—Section proceeding under subsection (a), the Com- vision.’’; 601(c)(7) of the Homeland Security Act of 2002 mission may impose a civil monetary pen- (B) by redesignating subparagraphs (A) is amended by striking ‘‘shall be filed with alty if it finds, on the record after notice and the Internal Revenue Service, and shall be opportunity for hearing, that a person is vio- through (C) as clauses (i) through (iii), re- open to public inspection’’ and inserting lating, has violated, or is or was a cause of spectively, and moving the margins 2 ems to ‘‘shall be open to public inspection con- the violation of, any provision of this title or the right; sistent with section 6104(d)(1) of the Internal any rule or regulation thereunder, and that (C) by inserting ‘‘that such penalty is in Revenue Code of 1986’’. such penalty is in the public interest. the public interest and’’ after ‘‘hearing,’’; (c) CLARIFICATION OF REQUIRED DISTRIBU- ‘‘(2) MAXIMUM AMOUNT OF PENALTY.— (D) by striking ‘‘In any proceeding’’ and in- TIONS TO PRIVATE FOUNDATION.— ‘‘(A) FIRST TIER.—The maximum amount of serting the following: (1) IN GENERAL.—Section 601(c)(8) of the penalty for each act or omission described in ‘‘(A) IN GENERAL.—In any proceeding’’; and Homeland Security Act of 2002 is amended by paragraph (1) shall be $100,000 for a natural (E) by adding at the end the following: striking ‘‘not placed’’ and all that follows person or $250,000 for any other person. ‘‘(B) OTHER MONEY PENALTIES.—In any pro- and inserting ‘‘not so distributed shall be ‘‘(B) SECOND TIER.—Notwithstanding sub- ceeding under subsection (f) against any per- contributed to a private foundation which is paragraph (A), the maximum amount of pen- son, the Commission may impose a civil described in section 509(a) of the Internal alty for such act or omission described in monetary penalty if it finds, on the record Revenue Code of 1986 and exempt from tax paragraph (1) shall be $500,000 for a natural after notice and opportunity for hearing, under section 501(a) of such Code and which person or $1,000,000 for any other person, if that such person is violating, has violated, is dedicated to such beneficiaries not later the act or omission involved fraud, deceit, or is or was a cause of the violation of, any than 36 months after the end of the fiscal manipulation, or deliberate or reckless dis- provision of this title or any rule or regula- year in which such funds, donations, or earn- regard of a statutory or regulatory require- tion thereunder, and that such penalty is in ings are received.’’. ment. the public interest.’’. (2) CONFORMING AMENDMENTS.—Section ‘‘(C) THIRD TIER.—Notwithstanding sub- (4) INVESTMENT ADVISERS ACT OF 1940.—Sec- 601(c) of such Act is amended— paragraphs (A) and (B), the maximum tion 203(i)(1) of the Investment Advisers Act (A) by striking ‘‘(or, if placed in a private amount of penalty for each act or omission of 1940 (15 U.S.C. 80b–3(i)(1)) is amended— foundation, held in trust for)’’ in paragraph described in paragraph (1) shall be $1,000,000 (A) in subparagraph (D), by striking ‘‘su- (1) and inserting ‘‘(or contributed to a pri- for a natural person or $2,000,000 for any pervision;’’ and all that follows through the vate foundation described in paragraph (8) other person, if— end of the paragraph and inserting ‘‘super- for the benefit of)’’, and ‘‘(i) the act or omission involved fraud, de- vision.’’; (B) by striking ‘‘invested in a private foun- ceit, manipulation, or deliberate or reckless (B) by redesignating subparagraphs (A) dation’’ in paragraph (2) and inserting ‘‘con- disregard of a statutory or regulatory re- through (D) as clauses (i) through (iv), re- tributed to a private foundation described in quirement; and spectively, and moving the margins 2 ems to paragraph (8)’’. ‘‘(ii) such act or omission directly or indi- the right; (d) REQUIREMENTS FOR DISTRIBUTIONS FROM rectly resulted in substantial losses or cre- (C) by inserting ‘‘that such penalty is in TRUSTS.—Section 601(c)(9)(A) of the Home- ated a significant risk of substantial losses the public interest and’’ after ‘‘hearing,’’; land Security Act of 2002 is amended by to other persons or resulted in substantial (D) by striking ‘‘In any proceeding’’ and in- striking ‘‘should’’ and inserting ‘‘shall’’. pecuniary gain to the person who committed serting the following: (e) REGULATIONS REGARDING NOTIFICATION the act or omission. ‘‘(A) IN GENERAL.—In any proceeding’’; and OF TRUST BENEFICIARIES.—Section 601(f) of ‘‘(3) EVIDENCE CONCERNING ABILITY TO (E) by adding at the end the following: the Homeland Security Act of 2002 is amend- PAY.—In any proceeding in which the Com- ‘‘(B) OTHER MONEY PENALTIES.—In any pro- ed by striking ‘‘this section’’ and inserting mission or the appropriate regulatory agen- ceeding under subsection (k) against any per- ‘‘subsection (e)’’. cy may impose a penalty under this section, son, the Commission may impose a civil (f) EFFECTIVE DATE.—The amendments a respondent may present evidence of the monetary penalty if it finds, on the record made by this section shall take effect as if ability of the respondent to pay such pen- after notice and opportunity for hearing, included in the enactment of section 601 of alty. The Commission or the appropriate reg- that such person is violating, has violated, the Homeland Security Act of 2002. ulatory agency may, in its discretion, con- or is or was a cause of the violation of, any On page 100, line 20, strike ‘‘7525’’ and in- sider such evidence in determining whether provision of this title or any rule or regula- sert ‘‘7528’’. the penalty is in the public interest. Such tion thereunder, and that such penalty is in On page 101, after line 8, strike ‘‘7525’’ and the public interest.’’. insert ‘‘7528’’. evidence may relate to the extent of the per- On page 123, before line 22, insert the fol- son’s ability to continue in business and the (b) INCREASED MAXIMUM CIVIL MONEY PEN- lowing: collectability of a penalty, taking into ac- ALTIES.— (e) REPORT REGARDING ACCOUNT MAINTE- count any other claims of the United States (1) SECURITIES ACT OF 1933.—Section 20(d)(2) NANCE FEES.—The Secretary of the Treasury or third parties upon the assets of that per- of the Securities Act of 1933 (15 U.S.C. shall study the adequacy of the amount spec- son and the amount of the assets of that per- 77t(d)(2)) is amended— ified in section 45G(c)(2) of the Internal Rev- son.’’. (A) in subparagraph (A)(i)— enue Code of 1986 (as added by this section). (2) SECURITIES EXCHANGE ACT OF 1934.—Sec- (i) by striking ‘‘$5,000’’ and inserting Not later than December 31, 2009, the Sec- tion 21B(a) of the Securities Exchange Act of ‘‘$100,000’’; and retary of the Treasury shall report the find- 1934 (15 U.S.C. 78u–2(a)) is amended— (ii) by striking ‘‘$50,000’’ and inserting ings of the study described in the preceding (A) in paragraph (4), by striking ‘‘super- ‘‘$250,000’’; sentence to Congress. vision;’’ and all that follows through the end (B) in subparagraph (B)(i)— On page 123, line 22, strike ‘‘(e)’’ and insert of the subsection and inserting ‘‘super- (i) by striking ‘‘$50,000’’ and inserting ‘‘(f)’’. vision.’’; ‘‘$500,000’’; and April 8, 2003 CONGRESSIONAL RECORD — SENATE S4979 (ii) by striking ‘‘$250,000’’ and inserting (I) by striking ‘‘$50,000’’ and inserting ‘‘(iii) impede the ability of the Commission ‘‘$1,000,000’’; and ‘‘$500,000’’; and to identify, trace, or freeze funds involved in (C) in subparagraph (C)(i)— (II) by striking ‘‘$250,000’’ and inserting any securities transaction; (i) by striking ‘‘$100,000’’ and inserting ‘‘$1,000,000’’; and ‘‘(iv) endanger the life or physical safety of ‘‘$1,000,000’’; and (iii) in subparagraph (C)— an individual; (ii) by striking ‘‘$500,000’’ and inserting (I) by striking ‘‘$100,000’’ and inserting ‘‘(v) result in flight from prosecution; ‘‘$2,000,000’’. ‘‘$1,000,000’’; and ‘‘(vi) result in destruction of or tampering (2) SECURITIES EXCHANGE ACT OF 1934.— (II) by striking ‘‘$500,000’’ and inserting with evidence; (A) PENALTIES.—Section 32 of the Securi- ‘‘$2,000,000’’. ‘‘(vii) result in intimidation of potential ties Exchange Act of 1934 (15 U.S.C. 78ff) is (4) INVESTMENT ADVISERS ACT OF 1940.— witnesses; or amended— (A) REGISTRATION.—Section 203(i)(2) of the ‘‘(viii) otherwise seriously jeopardize an in- (i) in subsection (b), by striking ‘‘$100’’ and Investment advisers Act of 1940 (15 U.S.C. vestigation or unduly delay a trial. inserting ‘‘$10,000’’; and 80b–3(i)(2)) is amended— ‘‘(C) TRANSFER OF RECORDS TO GOVERNMENT (ii) in subsection (c)— (i) in subparagraph (A)— AUTHORITIES.—The Commission may transfer (I) in paragraph (1)(B), by striking (I) by striking ‘‘$5,000’’ and inserting financial records or the information con- ‘‘$10,000’’ and inserting ‘‘$500,000’’; and ‘‘$100,000’’; and tained therein to any government authority, (II) in paragraph (2)(B), by striking (II) by striking ‘‘$50,000’’ and inserting if the Commission proceeds as a transferring ‘‘$10,000’’ and inserting ‘‘$500,000’’. ‘‘$250,000’’; agency in accordance with section 1112 of the (B) INSIDER TRADING.—Section 21A(a)(3) of (ii) in subparagraph (B)— Right to Financial Privacy Act of 1978 (12 the Securities Exchange Act of 1934 (15 (I) by striking ‘‘$50,000’’ and inserting U.S.C. 3412), except that a customer notice U.S.C. 78u–1(a)(3)) is amended by striking ‘‘$500,000’’; and shall not be required under subsection (b) or ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. (II) by striking ‘‘$250,000’’ and inserting (c) of that section 1112, if the Commission de- (C) ADMINISTRATIVE PROCEEDINGS.—Section ‘‘$1,000,000’’; and termines that there is reason to believe that 21B(b) of the Securities Exchange Act of 1934 (iii) in subparagraph (C)— such notification may result in or lead to (15 U.S.C. 78u–2(b)) is amended— (I) by striking ‘‘$100,000’’ and inserting any of the factors identified under clauses (i) (i) in paragraph (1)— ‘‘$1,000,000’’; and through (viii) of subparagraph (B) of this (I) by striking ‘‘$5,000’’ and inserting (II) by striking ‘‘$500,000’’ and inserting paragraph.’’; ‘‘$100,000’’; and ‘‘$2,000,000’’. (4) by striking paragraph (10); and (II) by striking ‘‘$50,000’’ and inserting (B) ENFORCEMENT OF INVESTMENT ADVISERS (5) by redesignating paragraphs (11), (12), ‘‘$250,000’’; ACT.—Section 209(e)(2) of the Investment ad- and (13) as paragraphs (4), (5), and (6), respec- (ii) in paragraph (2)— visers Act of 1940 (15 U.S.C. 80b–9(e)(2)) is tively. (I) by striking ‘‘$50,000’’ and inserting amended— SEC. 724. REVIEW OF STATE AGENCY BLINDNESS ‘‘$500,000’’; and (i) in subparagraph (A)— AND DISABILITY DETERMINATIONS. (II) by striking ‘‘$250,000’’ and inserting (I) by striking ‘‘$5,000’’ and inserting Section 1633 of the Social Security Act (42 ‘‘$1,000,000’’; and ‘‘$100,000’’; and U.S.C. 1383b) is amended by adding at the end (iii) in paragraph (3)— (II) by striking ‘‘$50,000’’ and inserting the following: ‘‘(e)(1) The Commissioner of Social Secu- (I) by striking ‘‘$100,000’’ and inserting ‘‘$250,000’’; rity shall review determinations, made by ‘‘$1,000,000’’; and (ii) in subparagraph (B)— State agencies pursuant to subsection (a) in (II) by striking ‘‘$500,000’’ and inserting (I) by striking ‘‘$50,000’’ and inserting connection with applications for benefits ‘‘$2,000,000’’. ‘‘$500,000’’; and under this title on the basis of blindness or (D) CIVIL ACTIONS.—Section 21(d)(3)(B) of (II) by striking ‘‘$250,000’’ and inserting disability, that individuals who have at- the Securities Exchange Act of 1934 (15 ‘‘$1,000,000’’; and tained 18 years of age are blind or disabled as U.S.C. 78u(d)(3)(B)) is amended— (iii) in subparagraph (C)— of a specified onset date. The Commissioner (i) in clause (i)— (I) by striking ‘‘$100,000’’ and inserting ‘‘$1,000,000’’; and of Social Security shall review such a deter- (I) by striking ‘‘$5,000’’ and inserting mination before any action is taken to im- ‘‘$100,000’’; and (II) by striking ‘‘$500,000’’ and inserting ‘‘$2,000,000’’. plement the determination. (II) by striking ‘‘$50,000’’ and inserting ‘‘(2)(A) In carrying out paragraph (1), the ‘‘$250,000’’; (c) AUTHORITY TO OBTAIN FINANCIAL Commissioner of Social Security shall re- (ii) in clause (ii)— RECORDS.—Section 21(h) of the Securities Ex- view— (I) by striking ‘‘$50,000’’ and inserting change Act of 1934 (15 U.S.C. 78u(h)) is ‘‘(i) at least 25 percent of all determina- ‘‘$500,000’’; and amended— tions referred to in paragraph (1) that are (II) by striking ‘‘$250,000’’ and inserting (1) by striking paragraphs (2) through (8); made in fiscal year 2004; and ‘‘$1,000,000’’; and (2) in paragraph (9), by striking ‘‘(9)(A)’’ ‘‘(ii) at least 50 percent of all such deter- (iii) in clause (iii)— and all that follows through ‘‘(B) The’’ and minations that are made in fiscal year 2005 (I) by striking ‘‘$100,000’’ and inserting inserting ‘‘(3) The’’; or thereafter. ‘‘$1,000,000’’; and (3) by inserting after paragraph (1), the fol- ‘‘(B) In carrying out subparagraph (A), the (II) by striking ‘‘$500,000’’ and inserting lowing: Commissioner of Social Security shall, to ‘‘$2,000,000’’. ‘‘(2) ACCESS TO FINANCIAL RECORDS.— the extent feasible, select for review the de- (3) INVESTMENT COMPANY ACT OF 1940.— ‘‘(A) IN GENERAL.—Notwithstanding section terminations which the Commissioner of So- (A) INELIGIBILITY.—Section 9(d)(2) of the 1105 or 1107 of the Right to Financial Privacy cial Security identifies as being the most Investment Company Act of 1940 (15 U.S.C. Act of 1978, the Commission may obtain ac- likely to be incorrect.’’. 80a–9(d)(2)) is amended— cess to and copies of, or the information con- TITLE VIII—COMPASSION CAPITAL FUND (i) in subparagraph (A)— tained in, financial records of any person SEC. 801. SUPPORT FOR NONPROFIT COMMU- (I) by striking ‘‘$5,000’’ and inserting held by a financial institution, including the NITY-BASED ORGANIZATIONS; DE- ‘‘$100,000’’; and financial records of a customer, without no- PARTMENT OF HEALTH AND HUMAN (II) by striking ‘‘$50,000’’ and inserting tice to that person, when it acts pursuant to SERVICES. ‘‘$250,000’’; a subpoena authorized by a formal order of (a) SUPPORT FOR NONGOVERNMENTAL ORGA- (ii) in subparagraph (B)— investigation of the Commission and issued NIZATIONS.—The Secretary of Health and (I) by striking ‘‘$50,000’’ and inserting under the securities laws or pursuant to an Human Services (referred to in this section ‘‘$500,000’’; and administrative or judicial subpoena issued in as ‘‘the Secretary’’) may award grants to and (II) by striking ‘‘$250,000’’ and inserting a proceeding or action to enforce the securi- enter into cooperative agreements with non- ‘‘$1,000,000’’; and ties laws. governmental organizations, to— (iii) in subparagraph (C)— ‘‘(B) NONDISCLOSURE OF REQUESTS.—If the (1) provide technical assistance for commu- (I) by striking ‘‘$100,000’’ and inserting Commission so directs in its subpoena, no fi- nity-based organizations, which may in- ‘‘$1,000,000’’; and nancial institution, or officer, director, part- clude— (II) by striking ‘‘$500,000’’ and inserting ner, employee, shareholder, representative (A) grant writing and grant management ‘‘$2,000,000’’. or agent of such financial institution, shall, assistance, which may include assistance (B) ENFORCEMENT OF INVESTMENT COMPANY directly or indirectly, disclose that records provided through workshops and other guid- ACT.—Section 42(e)(2) of the Investment have been requested or provided in accord- ance; Company Act of 1940 (15 U.S.C. 80a–41(e)(2)) is ance with subparagraph (A), if the Commis- (B) legal assistance with incorporation; amended— sion finds reason to believe that such disclo- (C) legal assistance to obtain tax-exempt (i) in subparagraph (A)— sure may— status; and (I) by striking ‘‘$5,000’’ and inserting ‘‘(i) result in the transfer of assets or (D) information on, and referrals to, other ‘‘$100,000’’; and records outside the territorial limits of the nongovernmental organizations that provide (II) by striking ‘‘$50,000’’ and inserting United States; expertise in accounting, on legal issues, on ‘‘$250,000’’; ‘‘(ii) result in improper conversion of in- tax issues, in program development, and on a (ii) in subparagraph (B)— vestor assets; variety of other organizational topics; S4980 CONGRESSIONAL RECORD — SENATE April 8, 2003 (2) provide information and assistance for (2) provide information and assistance for (6) encourage research on the best prac- community-based organizations on capacity community-based organizations on capacity tices of social service organizations. building; building; (b) APPLICATIONS.—To be eligible to receive (3) provide for community-based organiza- (3) provide for community-based organiza- a grant or enter into a cooperative agree- tions information on and assistance in iden- tions information on and assistance in iden- ment under this section, a nongovernmental tifying and using best practices for deliv- tifying and using best practices for deliv- organization, State, or political subdivision ering assistance to persons, families, and ering assistance to persons, families, and shall submit an application to the Attorney communities in need; communities in need; General at such time, in such manner, and (4) provide information on and assistance (4) provide information on and assistance containing such information as the Attorney in utilizing regional intermediary organiza- in utilizing regional intermediary organiza- General may require. tions to increase and strengthen the capa- tions to increase and strengthen the capa- (c) LIMITATION.—In order to widely dis- bilities of nonprofit community-based orga- bilities of community-based organizations; burse limited resources, no community- nizations; (5) assist community-based organizations based organization (other than a direct re- (5) assist community-based organizations in replicating social service programs of cipient of a grant or cooperative agreement in replicating social service programs of demonstrated effectiveness; and from the Attorney General) may receive demonstrated effectiveness; and (6) encourage research on the best prac- more than 1 grant or cooperative agreement (6) encourage research on the best prac- tices of social service organizations. under this section for the same purpose. tices of social service organizations. (b) APPLICATIONS.—To be eligible to receive (d) AUTHORIZATION OF APPROPRIATIONS.— (b) SUPPORT FOR STATES.—The Secretary— a grant or enter into a cooperative agree- There are authorized to be appropriated to (1) may award grants to and enter into co- ment under this section, a nongovernmental carry out this section $35,000,000 for fiscal operative agreements with States and polit- organization, State Commission, State, or year 2003, and such sums as may be necessary ical subdivisions of States to provide seed political subdivision shall submit an applica- for each of fiscal years 2004 through 2007. money to establish State and local offices of tion to the Corporation at such time, in such (e) DEFINITION.—In this section, the term faith-based and community initiatives; and manner, and containing such information as ‘‘community-based organization’’ means a (2) shall provide technical assistance to the Corporation may require. nonprofit corporation or association that States and political subdivisions of States in (c) LIMITATION.—In order to widely dis- has— administering the provisions of this Act. burse limited resources, no community- (1) not more than 6 full-time equivalent (c) APPLICATIONS.—To be eligible to receive based organization (other than a direct re- employees who are engaged in the provision a grant or enter into a cooperative agree- cipient of a grant or cooperative agreement of social services; or ment under this section, a nongovernmental from the Secretary) may receive more than 1 (2) a current annual budget (current as of organization, State, or political subdivision grant or cooperative agreement under this the date the entity seeks assistance under shall submit an application to the Secretary section for the same purpose. this section) for the provision of social serv- at such time, in such manner, and con- (d) AUTHORIZATION OF APPROPRIATIONS.— ices, compiled and adopted in good faith, of taining such information as the Secretary There are authorized to be appropriated to less than $450,000. may require. carry out this section $15,000,000 for fiscal SEC. 804. SUPPORT FOR NONPROFIT COMMU- (d) LIMITATION.—In order to widely dis- year 2003, and such sums as may be necessary NITY-BASED ORGANIZATIONS; DE- burse limited resources, no community- for each of fiscal years 2004 through 2007. PARTMENT OF HOUSING AND URBAN based organization (other than a direct re- (e) DEFINITION.—In this section, the term DEVELOPMENT. cipient of a grant or cooperative agreement ‘‘community-based organization’’ means a (a) SUPPORT FOR NONGOVERNMENTAL ORGA- from the Secretary) may receive more than 1 nonprofit corporation or association that NIZATIONS.—The Secretary of Housing and grant or cooperative agreement under this has— Urban Development (referred to in this sec- section for the same purpose. (1) not more than 6 full-time equivalent tion ‘‘the Secretary’’) may award grants to (e) AUTHORIZATION OF APPROPRIATIONS.— employees who are engaged in the provision and enter into cooperative agreements with There are authorized to be appropriated to of social services; or nongovernmental organizations, to— carry out this section $85,000,000 for fiscal (2) a current annual budget (current as of (1) provide technical assistance for commu- year 2003, and such sums as may be necessary the date the entity seeks assistance under nity-based organizations, which may in- for each of fiscal years 2004 through 2007. this section) for the provision of social serv- clude— (f) DEFINITION.—In this section, the term ices, compiled and adopted in good faith, of (A) grant writing and grant management ‘‘community-based organization’’ means a less than $450,000. assistance, which may include assistance nonprofit corporation or association that SEC. 803. SUPPORT FOR NONPROFIT COMMU- provided through workshops and other guid- has— NITY-BASED ORGANIZATIONS; DE- ance; (1) not more than 6 full-time equivalent PARTMENT OF JUSTICE. (B) legal assistance with incorporation; employees who are engaged in the provision (a) SUPPORT FOR NONGOVERNMENTAL ORGA- (C) legal assistance to obtain tax-exempt of social services; or NIZATIONS.—The Attorney General may status; and (2) a current annual budget (current as of award grants to and enter into cooperative (D) information on, and referrals to, other the date the entity seeks assistance under agreements with nongovernmental organiza- nongovernmental organizations that provide this section) for the provision of social serv- tions, to— expertise in accounting, on legal issues, on ices, compiled and adopted in good faith, of (1) provide technical assistance for commu- tax issues, in program development, and on a less than $450,000. nity-based organizations, which may in- variety of other organizational topics; SEC. 802. SUPPORT FOR NONPROFIT COMMU- clude— (2) provide information and assistance for NITY-BASED ORGANIZATIONS; COR- (A) grant writing and grant management community-based organizations on capacity PORATION FOR NATIONAL AND COM- assistance, which may include assistance building; MUNITY SERVICE. provided through workshops and other guid- (3) provide for community-based organiza- (a) SUPPORT FOR NONGOVERNMENTAL ORGA- ance; tions information on and assistance in iden- NIZATIONS.—The Corporation for National (B) legal assistance with incorporation; tifying and using best practices for deliv- and Community Service (referred to in this (C) legal assistance to obtain tax-exempt ering assistance to persons, families, and section as ‘‘the Corporation’’) may award status; and communities in need; grants to and enter into cooperative agree- (D) information on, and referrals to, other (4) provide information on and assistance ments with nongovernmental organizations nongovernmental organizations that provide in utilizing regional intermediary organiza- and State Commissions on National and expertise in accounting, on legal issues, on tions to increase and strengthen the capa- Community Service established under sec- tax issues, in program development, and on a bilities of community-based organizations; tion 178 of the National and Community variety of other organizational topics; (5) assist community-based organizations Service Act of 1990 (42 U.S.C. 12638), to— (2) provide information and assistance for in replicating social service programs of (1) provide technical assistance for commu- community-based organizations on capacity demonstrated effectiveness; and nity-based organizations, which may in- building; (6) encourage research on the best prac- clude— (3) provide for community-based organiza- tices of social service organizations. (A) grant writing and grant management tions information on and assistance in iden- (b) APPLICATIONS.—To be eligible to receive assistance, which may include assistance tifying and using best practices for deliv- a grant or enter into a cooperative agree- provided through workshops and other guid- ering assistance to persons, families, and ment under this section, a nongovernmental ance; communities in need; organization, State, or political subdivision (B) legal assistance with incorporation; (4) provide information on and assistance shall submit an application to the Secretary (C) legal assistance to obtain tax-exempt in utilizing regional intermediary organiza- at such time, in such manner, and con- status; and tions to increase and strengthen the capa- taining such information as the Secretary (D) information on, and referrals to, other bilities of nonprofit community-based orga- may require. nongovernmental organizations that provide nizations; (c) LIMITATION.—In order to widely dis- expertise in accounting, on legal issues, on (5) assist community-based organizations burse limited resources, no community- tax issues, in program development, and on a in replicating social service programs of based organization (other than a direct re- variety of other organizational topics; demonstrated effectiveness; and cipient of a grant or cooperative agreement April 8, 2003 CONGRESSIONAL RECORD — SENATE S4981 from the Secretary) may receive more than 1 subparagraph (B)’’ after ‘‘other than part E’’; Taxation Investigative Report—Com- grant or cooperative agreement under this and pensation—Related Issues. section for the same purpose. (C) by adding at the end the following: The PRESIDING OFFICER. Without (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) MATERNITY GROUP HOMES.—There is objection, it is so ordered. There are authorized to be appropriated to authorized to be appropriated, for maternity carry out this section $15,000,000 for fiscal group homes eligible for assistance under COMMITTEE ON FOREIGN RELATIONS year 2003, and such sums as may be necessary section 322(a)(1)— Mr. CORNYN. Mr. President, I ask for each of fiscal years 2004 through 2007. ‘‘(i) $33,000,000 for fiscal year 2003; and unanimous consent that the Com- (e) DEFINITION.—In this section, the term ‘‘(ii) such sums as may be necessary for fis- mittee on Foreign Relations be author- ‘‘community-based organization’’ means a cal year 2004.’’; and ized to meet during the session of the nonprofit corporation or association that (2) in subsection (a)(2)(A), by striking has— Senate on Tuesday, April 8, 2003, at 9:30 ‘‘paragraph (1)’’ and inserting ‘‘paragraph a.m., to hold a hearing on NATO en- (1) not more than 6 full-time equivalent (1)(A)’’. employees who are engaged in the provision largement. of social services; or f Witnesses (2) a current annual budget (current as of NOTICES OF HEARINGS/MEETINGS the date the entity seeks assistance under Panel 1: ‘‘New Members, New Mis- this section) for the provision of social serv- COMMITTEE ON INDIAN AFFAIRS sions.’’ The Honorable Marc I. Gross- ices, compiled and adopted in good faith, of Mr. CAMPBELL. Mr. President, I man, Undersecretary of State for Polit- less than $450,000. would like to announce that the Com- ical Affairs, Department of State, SEC. 805. COORDINATION. mittee on Indian Affairs will meet on Washington, DC. The Secretary of Health and Human Serv- ices, the Corporation for National and Com- Thursday, April 10, 2003, at 9:30 a.m. in Panel 2: ‘‘The Future of NATO.’’ Gen- munity Service, the Attorney General, and Room 485 of the Russell Senate Office eral Wesley K. Clark, USA (ret.), the Secretary of Housing and Urban Develop- Building to conduct a business meeting Former SACEUR, Chairman and CEO, ment shall coordinate their activities under to mark up pending committee legisla- Wesley Clark & Associates, Little this title to ensure— tion. Rock, Arkansas. (1) nonduplication of activities under this Those wishing additional information Mr. William Kristol, Editor, The title; and may contact the Indian Affairs Com- Weekly Standard, Washington, DC. (2) an equitable distribution of resources mittee at 202–224–2251. The PRESIDING OFFICER. Without under this title. objection, it is so ordered. TITLE IX—MATERNITY GROUP HOMES f COMMITTEE ON FOREIGN RELATIONS SEC. 901. MATERNITY GROUP HOMES. AUTHORITY FOR COMMITTEES TO Mr. CORNYN. Mr. President, I ask (a) PERMISSIBLE USE OF FUNDS.—Section MEET 322 of the Runaway and Homeless Youth Act unanimous consent that the Com- (42 U.S.C. 5714–2) is amended— COMMITTEE ON ARMED SERVICES mittee on Foreign Relations be author- (1) in subsection (a)(1), by inserting ‘‘(in- Mr. CORNYN. Mr. President, I ask ized to meet during the session of the cluding maternity group homes)’’ after unanimous consent that the Com- Senate on Tuesday, April 8, 2003, at 2:30 ‘‘group homes’’; and mittee on Armed Services be author- p.m., to hold a hearing on an overview (2) by adding at the end the following: of global energy security issues. ‘‘(c) MATERNITY GROUP HOME.—In this part, ized to meet during the session of the the term ‘maternity group home’ means a Senate on Tuesday, April 8, 2003, at Witnesses community-based, adult-supervised group 10:15 a.m., in open and possibly closed home that provides young mothers and their session, to receive testimony on Home- Panel 1: Mr. Kyle E. McSlarrow, Dep- children with a supportive and supervised land Defense in review of the defense uty Secretary of Energy, Department living arrangement in which such mothers authorization request for fiscal year of Energy, Washington, DC; and are required to learn parenting skills, in- The Honorable Alan P. Larson, Under 2004 and the future years defense pro- cluding child development, family budgeting, Secretary for Economic, Business and gram. health and nutrition, and other skills to pro- Agricultural Affairs, Department of The PRESIDING OFFICER. Without mote their long-term economic independence State, Washington, DC. and the well-being of their children.’’. objection, it is so ordered. (b) CONTRACT FOR EVALUATION.—Part B of Panel 2: Mr. Vahan Zanoyan, Presi- COMMITTEE ON BANKING, HOUSING, AND URBAN dent & CEO, PFC Energy, Washington, the Runaway and Homeless Youth Act (42 AFFAIRS U.S.C. 5701 et seq.) is amended by adding at DC the end the following: Mr. CORNYN. Mr. President, I ask Dr. Daniel Yergin, Chairman, Cam- ‘‘SEC. 323. CONTRACT FOR EVALUATION. unanimous consent that the Com- bridge Energy Research Associates, ‘‘(a) IN GENERAL.—The Secretary shall mittee on Banking, Housing, and Cambridge, MA; and enter into a contract with a public or private Urban Affairs be authorized to meet Dr. Martha Brill Olcott, Senior Asso- entity for an evaluation of the maternity during the session of the Senate on ciate, Carnegie Endowment for Inter- group homes that are supported by grant April 8, 2003, at 10:00 a.m., to conduct a national Peace, Washington, DC. funds under this Act. hearing on ‘‘the impact of the proposed ‘‘(b) INFORMATION.—The evaluation de- The PRESIDING OFFICER. Without scribed in subsection (a) shall include the ‘RESPA’ rule on small businesses and objection, it is so ordered. collection of information about the relevant consumers.’’ COMMITTEE ON HEALTH, EDUCATION, LABOR, characteristics of individuals who benefit The PRESIDING OFFICER. Without AND PENSIONS from maternity group homes such as those objection, it is so ordered. Mr. CORNYN. Mr. President, I ask that are supported by grant funds under this COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- Act and what services provided by those ma- RESOURCES ternity group homes are most beneficial to mittee on Health, Education, Labor, such individuals. Mr. CORNYN. Mr. President, I ask and Pensions be authorized to meet for ‘‘(c) REPORT.—Not later than 2 years after unanimous consent that the Com- a hearing on MQSA: Patient Access to the date on which the Secretary enters into mittee on Energy and Natural Re- Quality Health Care during the session a contract for an evaluation under sub- sources be authorized to meet during of the Senate on Tuesday, April 8, 2003, section (a), and biennially thereafter, the en- the session of the Senate on Tuesday, at 10:00 a.m. in SD–430. tity conducting the evaluation under this April 8; Wednesday, April 9; and Thurs- The PRESIDING OFFICER. Without section shall submit to Congress a report on day, April 10 at 10:00 a.m., to consider objection, it is so ordered. the status, activities, and accomplishments comprehensive Energy Legislation. of maternity group homes that are supported COMMITTEE ON THE JUDICIARY by grant funds under this Act.’’. The PRESIDING OFFICER. Without Mr. CORNYN. Mr. President, I ask (c) AUTHORIZATION OF APPROPRIATIONS.— objection, it is so ordered. unanimous consent that the Com- Section 388 of the Runaway and Homeless COMMITTEE ON FINANCE mittee on the Judiciary be authorized Youth Act (42 U.S.C. 5751) is amended— Mr. CORNYN. Mr. President, I ask to meet to conduct a hearing on ‘‘A (1) in subsection (a)(1)— unanimous consent that the Com- Proposed Constitutional Amendment (A) by striking ‘‘There’’ and inserting the following: mittee on Finance be authorized to to Protect Crime Victims, S.J. Res. 1’’ ‘‘(A) IN GENERAL.—There’’; meet during the session on Tuesday, on Tuesday, April 8, 2003, at 10:00 a.m. (B) in subparagraph (A), as redesignated, April 8, 2003, at 10:00 a.m., to hear testi- in the Dirksen Senate Office Building by inserting ‘‘and the purpose described in mony on Enron: Joint Committee on Room 226. S4982 CONGRESSIONAL RECORD — SENATE April 8, 2003 Panel I: The Honorable Viet Dinh, defense authorization request for fiscal assistance (subject to section 1242) for the con- Assistant Attorney General, Office of year 2004. servation programs specified in subsection (a). Legal Policy, Department of Justice, The PRESIDING OFFICER. Without ‘‘(2) CONSERVATION SECURITY PROGRAM.—Ef- Washington, DC. objection, it is so ordered. fective for fiscal year 2004 and subsequent fiscal years, Commodity Credit Corporation funds Panel II: Collene Campbell, San Juan f made available to carry out the conservation se- Capistrano, CA; Earlene Eason, Gary, PRIVILEGE OF THE FLOOR curity program under subsection (a)(3)— IN; Jamie Orenstein, New York, NY; ‘‘(A) shall be available for the provision of Patricia Perry, New York, NY; Duane Mr. BAUCUS. Mr. President, I ask technical assistance for the conservation secu- Lynn, Peoria, AZ; Steve Twist, Phoe- unanimous consent for floor privileges rity program; and nix, AZ. during the consideration of the CARE ‘‘(B) shall not be available for the provision of The PRESIDING OFFICER. Without Act for Tyler Garnett and Shawn technical assistance for conservation programs specified in subsection (a) other than the con- objection, it is so ordered. White. The PRESIDING OFFICER. Without servation security program.’’. COMMITTEE ON RULES AND ADMINISTRATION (b) EFFECTIVE DATE.—The amendment made Mr. CORNYN. Mr. President, I ask objection, it is so ordered. by subsection (a) takes effect on February 20, unanimous consent that the Com- f 2003. mittee on Rules and Administration be EMERGENCY WARTIME SUPPLE- SEC. 102. REPORT ON BILL EMERSON HUMANI- authorized to meet during the session TARIAN TRUST AND FUTURE OF UNITED STATES MENTAL APPROPRIATIONS ACT, FOOD AID. Not later than 180 days after the of the Senate on Tuesday, April 8, 2003, 2003 date of enactment of this Act, the Secretary of at 9:30 a.m., to conduct an oversight On April 7, 2003, the Senate amended Agriculture (in coordination with the Adminis- hearing on the operations of the Ser- and passed H.R. 1559, as follows: trator of the Agency for International Develop- geant at Arms, Library of Congress and ment) shall submit to the Committee on Agri- Congressional Research Service. Resolved, That the bill from the House of culture of the House of Representatives, the Representatives (H.R. 1559) entitled ‘‘An Act Committee on Agriculture, Nutrition, and For- The PRESIDING OFFICER. Without making emergency wartime supplemental objection, it is so ordered. estry of the Senate, and the Subcommittees on appropriations for the fiscal year ending Agriculture, Rural Development, and Related SUBCOMMITTEE ON CLEAR AIR, CLIMATE September 30, 2003, and for other purposes.’’, Agencies of the Committees on Appropriations of CHANGE, AND NUCLEAR SAFETY do pass with the following amendment: the House of Representatives and the Senate, a Mr. CORNYN. Mr. President, I ask Strike out all after the enacting clause and report that describes— unanimous consent that the sub- insert: (1) the policy of the Secretary with respect to committee on Clean Air, Climate That the following sums are appropriated, out the Bill Emerson Humanitarian Trust estab- Change, and Nuclear Safety be author- of any money in the Treasury not otherwise ap- lished under the Bill Emerson Humanitarian ized to meet on Tuesday, April 8 at 2:00 propriated, for the fiscal year ending September Trust Act (7 U.S.C. 1736f–1 et seq.), including p.m. to conduct a legislative hearing 30, 2003, and for other purposes, namely: whether that policy includes an intent to re- TITLE I—SUPPLEMENTAL plenish the Trust; and on the Clear Skies Act, S. 484. (2)(A) the means by which the Secretary pro- The meeting will be held in SD 406. APPROPRIATIONS CHAPTER 1 poses to ensure that the United States retains The PRESIDING OFFICER. Without the long-term strategy and capability to respond objection, it is so ordered. AGRICULTURAL PROGRAMS to emergency international food shortages; and SUBCOMMITTEE ON CONSUMER AFFAIRS AND AGRICULTURAL RESEARCH SERVICE (B) whether, and to what extent, other food PRODUCT SAFETY BUILDINGS AND FACILITIES aid programs conducted by the Secretary and Mr. CORNYN. Mr. President, I ask For an additional amount for ‘‘Buildings and the Administrator will be a part of that strategy. unanimous consent that the sub- Facilities’’, $98,000,000, to remain available until CHAPTER 2 committee on Consumer Affairs and expended. DEPARTMENT OF JUSTICE Product Safety be authorized to meet PUBLIC LAW 480 TITLE II GRANTS GENERAL ADMINISTRATION on Tuesday, April 8, 2003 at 10 a.m. on (INCLUDING TRANSFER OF FUNDS) DETENTION TRUSTEE promoting corporate responsibility For additional expenses during the current For an additional amount for ‘‘Detention through the elimination of dividend fiscal year, not otherwise recoverable, and unre- Trustee’’ for the detention of Federal prisoners taxation. covered prior year’s costs, including interest in the custody of the United States Marshals The PRESIDING OFFICER. Without thereon, under the Agricultural Trade Develop- Service, $45,000,000, to remain available until ment Act of 1954, $600,000,000, to remain avail- objection, it is so ordered. September 30, 2003. able until expended, for commodities supplied in INTERAGENCY LAW ENFORCEMENT SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT connection with dispositions abroad under title INTERAGENCY LAW ENFORCEMENT SUPPORT MANAGEMENT, THE FEDERAL WORKFORCE AND II of said Act: Provided, That of this amount, THE DISTRICT OF COLUMBIA $155,000,000 shall be used to restore funding for (INCLUDING TRANSFER OF FUNDS) Mr. CORNYN. Mr. President, I ask previously approved fiscal year 2003 programs For expenses necessary to administer and sup- unanimous consent that the sub- under section 204(a)(2) of the Agricultural Trade port joint Federal, State, local, and foreign law committee on Governmental Affairs Development and Assistance Act of 1954: Pro- enforcement activities, including the design, de- velopment, test, deployment, maintenance, up- Subcommittee on Oversight of Govern- vided further, That of the funds provided under this heading, the Secretary of Agriculture shall grade, or retirement of systems; the purchase, ment Management, the Federal Work- transfer to the Commodity Credit Corporation lease, loan, or maintenance of equipment and force and the District of Columbia be such sums as are necessary to acquire, and shall vehicles; the design, construction, maintenance, authorized to meet on Tuesday, April 8, acquire, a quantity of commodities for use in ad- upgrade, or demolition of facilities; and travel, 2003 at 9:30 a.m. for a hearing entitled ministering the Bill Emerson Humanitarian overtime, and other support, $72,000,000, which ‘‘The Human Capital Challenge: Offer- Trust in an amount equal to the quantity allo- shall remain available until December 31, 2003: ing Solutions and Delivering Results’’ cated by the Corporation pursuant to the release Provided, That the funds provided under this to review the federal government’s of March 19, 2003, and the release of March 20, heading shall be managed only by the Attorney General or the Deputy Attorney General to be strategic human capital management 2003: Provided further, That the authority con- tained in 7 U.S.C. 1736f–1(c)(4) shall not apply transferred to, and merged with, any appropria- and consider pending legislation on the during fiscal year 2003 for any release of com- tions account under this title: Provided further, federal workforce. modities after the date of enactment of this Act. That any transfer pursuant to the previous pro- The PRESIDING OFFICER. Without GENERAL PROVISIONS, THIS CHAPTER viso shall be treated as a reprogramming under objection, it is so ordered. section 605 of the Departments of Commerce, SEC. 101. TECHNICAL ASSISTANCE FOR CON- SUBCOMMITTEE ON STRATEGIC FORCES Justice, and State, the Judiciary, and Related SERVATION PROGRAMS. (a) IN GENERAL.—Section Agencies Appropriations Act, 2003, and shall not Mr. CORNYN. Mr. President, I ask 1241 of the Food Security Act of 1985 (16 U.S.C. be available for obligation or expenditure except unanimous consent that the sub- 3841) is amended by striking subsection (b) and in compliance with the procedures set forth in committee on Strategic Forces of the inserting the following: that section. ‘‘(b) TECHNICAL ASSISTANCE.— Committee on Armed Services be au- FEDERAL BUREAU OF INVESTIGATION thorized to meet during the session of ‘‘(1) IN GENERAL.—Effective beginning on the date of enactment of the Agricultural Assistance SALARIES AND EXPENSES the Senate on Tuesday, April 8, 2003 at Act of 2003, subject to paragraph (2), Commodity For an additional amount for ‘‘Federal Bu- 2:30 p.m., in open and possibly closed Credit Corporation funds made available under reau of Investigation’’, $63,000,000, to remain session, to receive testimony on stra- paragraphs (4) through (7) of subsection (a) available until December 31, 2003, of which tegic forces and policy in review of the shall be available for the provision of technical $13,380,000 shall be for language translation April 8, 2003 CONGRESSIONAL RECORD — SENATE S4983 needs, of which $20,270,000 shall be for the Fed- In addition, for the costs of worldwide secu- OPERATION AND MAINTENANCE eral Bureau of Investigation participation in the rity upgrades, including increased local guard OPERATION AND MAINTENANCE, ARMY Terrorist Threat Integration Center, and of protection, chemical and biological counter- For an additional amount for ‘‘Operation and which $29,350,000 shall be for the incorporation measures, requirements relating to intelligence, Maintenance, Army’’, $16,142,500,000. of the Foreign Terrorist Tracking Task Force the assignment of temporary personnel to into the Terrorist Threat Integration Center: United States diplomatic presences, armored ve- OPERATION AND MAINTENANCE, NAVY Provided, That the funds provided under this hicles, and the security of the domestic facilities For an additional amount for ‘‘Operation and heading shall not be available for obligation or of the Department of State, $10,000,000, to re- Maintenance, Navy’’, $5,296,600,000. expenditure except in compliance with the pro- main available until December 31, 2003. OPERATION AND MAINTENANCE, MARINE CORPS cedures set forth in section 605 of the Depart- EMBASSY SECURITY, CONSTRUCTION, AND For an additional amount for ‘‘Operation and ments of Commerce, Justice, and State, the Judi- MAINTENANCE Maintenance, Marine Corps’’, $1,752,700,000. ciary, and Related Agencies Appropriations Act, For an additional amount for ‘‘Embassy Secu- OPERATION AND MAINTENANCE, AIR FORCE 2003. rity, Construction, and Maintenance’’, For an additional amount for ‘‘Operation and CONSTRUCTION $72,000,000: Provided, That of the funds appro- Maintenance, Air Force’’, $7,209,200,000. For an additional amount for ‘‘Federal Bu- priated under this heading, $20,000,000 shall reau of Investigation, Construction’’, only be available for capital costs associated OPERATION AND MAINTENANCE, DEFENSE-WIDE $10,000,000, to remain available until September with the re-establishment of a United States For an additional amount for ‘‘Operation and 30, 2004, to accelerate construction and fit out of Diplomatic presence in Baghdad, Iraq: Provided Maintenance, Defense-Wide’’, $4,007,700,000, to the new wing of the Engineering Research Fa- further, That of the funds appropriated under remain available until expended, of which cility. this heading, not less than $52,000,000 shall be $1,400,000,000, which may be used, notwith- available for the Center for Antiterrorism and OFFICE OF JUSTICE PROGRAMS standing any other provision of law, for pay- Security Training. ments to reimburse Pakistan, Jordan, and other STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE In addition, for security enhancements to key cooperating nations, for logistical and mili- For an additional amount for ‘‘State and non-official facilities frequented by United tary-related support provided to the United Local Law Enforcement Assistance’’, States citizens overseas, including schools at- States in connection with military action in Iraq $91,000,000, to remain available until December tended by the dependents of non-military and the global war on terrorism: Provided, That 31, 2003, for the terrorism prevention and re- United States Government personnel, such payments may be made in such amounts as sponse training for law enforcement and other $10,000,000, to remain available until September the Secretary of Defense, with concurrence of responders for increased costs associated with 30, 2004. the Secretary of State and in consultation with heightened homeland security alerts and law EMERGENCIES IN THE DIPLOMATIC AND CONSULAR the Director of the Office of Management and enforcement needs related to the temporary re- SERVICE Budget, may determine, in his discretion, based placement of veteran officers called to duty: For an additional amount for ‘‘Emergencies in on documentation determined by the Secretary Provided, That the funds provided under this the Diplomatic and Consular Service’’, of Defense to adequately account for the sup- heading shall not be available for obligation or $40,000,000, to remain available until expended: port provided, and such determination is final expenditure except in compliance with the pro- Provided, That the Secretary of State may col- and conclusive upon the accounting officers of cedures set forth in section 605 of the Depart- lect from the head of any other agency of the the United States and 15 days following notifi- ments of Commerce, Justice, and State, the Judi- United States the cost incurred by the Depart- cation to the appropriate congressional commit- ciary, and Related Agencies Appropriations Act, ment of State for evacuating an employee of tees. 2003. such agency, and any member of the family of COMMUNITY ORIENTED POLICING SERVICES such an employee, from a location in a foreign OPERATION AND MAINTENANCE, NAVY RESERVE For an additional amount for ‘‘Community country where the employee is authorized to be For an additional amount for ‘‘Operation and Oriented Policing Services’’, $109,500,000, to re- in connection with the performance of the em- Maintenance, Navy Reserve’’, $15,000,000. main available until December 31, 2003, shall be ployee’s official duties: Provided further, That OPERATION AND MAINTENANCE, MARINE CORPS for the Community Oriented Policing Services, the head of an agency shall pay the Secretary RESERVE Interoperable Communications Technology Pro- of State the amount certified by the Secretary as For an additional amount for ‘‘Operation and gram, for grants to States and localities to im- the cost of evacuation of that agency’s per- Maintenance, Marine Corps Reserve’’, prove communications within and among law sonnel: Provided further, That amounts col- $50,000,000. enforcement agencies: Provided, That the funds lected by the Secretary of State under the pre- OPERATION AND MAINTENANCE, ARMY NATIONAL provided under this heading shall not be avail- vious two provisos shall be credited to the ap- GUARD able for obligation or expenditure except in com- propriation charged such cost, shall be merged pliance with the procedures set forth in section with other sums in such appropriation, and For an additional amount for ‘‘Operation and 605 of the Departments of Commerce, Justice, shall be available for the same purposes and pe- Maintenance, Army National Guard’’, and State, the Judiciary, and Related Agencies riod as the appropriation to which credited $88,400,000. Appropriations Act, 2003. within 60 days of certification by the Secretary OPERATION AND MAINTENANCE, AIR NATIONAL DEPARTMENT OF STATE of State. GUARD ADMINISTRATION OF FOREIGN AFFAIRS RELATED AGENCY For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $20,000,000. DIPLOMATIC AND CONSULAR PROGRAMS BROADCASTING BOARD OF GOVERNORS For an additional amount for ‘‘Diplomatic INTERNATIONAL BROADCASTING OPERATIONS NATURAL RESOURCES RISK REMEDIATION FUND and Consular Programs’’, $83,420,000: Provided, For an additional amount for ‘‘International (INCLUDING TRANSFER OF FUNDS) That $15,600,000, to remain available until De- Broadcasting Operations’’, $62,000,000, to re- For expenses necessary to address emergency cember 31, 2003, shall only be available for med- main available until September 30, 2004, for ac- fire fighting, repair of damage to oil facilities ical services: Provided further, That $2,000,000 tivities related to the Middle East Television and related infrastructure and preserve a dis- shall only be available for the Consular Affairs Network broadcasting and radio broadcasting to tribution capability, $489,300,000, to remain requirements relating to American citizen serv- Iraq. available until expended: Provided, That the ices: Provided further, That $30,020,000 shall CHAPTER 3 Secretary of Defense may accept from any per- only be available for Machine Readable Visa fee DEPARTMENT OF DEFENSE son, foreign government, or international orga- shortfalls affecting the Border Security Pro- MILITARY PERSONNEL nization, and credit to this fund, any contribu- gram: Provided further, That notwithstanding MILITARY PERSONNEL, ARMY tion of money for such purposes: Provided fur- any other provision of law, any shortfall in fee ther, That the Secretary of Defense may trans- For an additional amount for ‘‘Military Per- revenue resulting from a decrease in the number fer these funds to other appropriations or funds sonnel, Army’’, $7,724,500,000. of visa applications to the United States shall be of the Department of Defense to carry out such offset by a direct transfer of funds equal to the MILITARY PERSONNEL, NAVY purposes, or to reimburse such appropriations or amount of the shortfall from the Diplomatic and For an additional amount for ‘‘Military Per- funds for expenses incurred for such purposes: Consular Programs general account to the Ap- sonnel, Navy’’, $1,784,300,000. Provided further, That funds so transferred propriations Point Deliminator Account Number MILITARY PERSONNEL, MARINE CORPS shall be merged with and shall be available for X0113.6: Provided further, That $35,800,000 shall For an additional amount for ‘‘Military Per- the same purposes and for the same time period only be available for costs associated with the sonnel, Marine Corps’’, $1,254,900,000. as the appropriation or fund to which trans- re-establishment of a United States diplomatic MILITARY PERSONNEL, AIR FORCE ferred: Provided further, That the Secretary of presence in Baghdad, Iraq, of which $17,900,000 For an additional amount for ‘‘Military Per- Defense shall submit a report no later than 30 is for operational requirements, including hous- sonnel, Air Force’’, $2,834,800,000. days after the end of each fiscal quarter to the ing, furniture, sundries, travel, vehicles, and of- congressional defense committees of any transfer RESERVE PERSONNEL, ARMY fice supplies and furnishings, and $17,900,000 is of funds from this appropriation: Provided fur- for security, of which $5,300,000 is for informa- For an additional amount for ‘‘Reserve Per- ther, That the transfer authority provided in tion technology, $1,945,000 is for courier ship- sonnel, Army’’, $6,000,000. this paragraph is in addition to any other trans- ments, $3,789,000 is for temporary duty assign- NATIONAL GUARD PERSONNEL, ARMY fer authority available to the Department of De- ments, and $2,503,000 is for armored vehicles, For an additional amount for ‘‘National fense: Provided further, That upon a determina- spares, and repairs. Guard Personnel, Army’’, $110,000,000. tion that all or part of the funds transferred S4984 CONGRESSIONAL RECORD — SENATE April 8, 2003 from this appropriation are not necessary for That the Secretary of Defense shall submit a re- cluding Cooperative Threat Reduction funds for the purposes provided, such amounts may be port no later than 30 days after the end of each a prior fiscal year that remain available for obli- transferred back to this appropriation. fiscal quarter to the Defense Oversight Commit- gation as of the date of the enactment of this PROCUREMENT tees of the details of any transfer of funds from Act, for proliferation threat reduction projects the ‘‘Defense Emergency Response Fund’’: Pro- and activities outside the states of the former AIRCRAFT PROCUREMENT, ARMY vided further, That upon a determination that Soviet Union if the President determines that For an additional amount for ‘‘Aircraft Pro- all or part of the funds transferred from this ap- such projects and activities will: curement, Army’’, $4,100,000. propriation are not necessary for the purposes (A) assist the United States in the resolution MISSILE PROCUREMENT, ARMY provided herein, such amounts may be trans- of critical emerging proliferation threats; or For an additional amount for ‘‘Missile Pro- ferred back to this appropriation. (B) permit the United States to take advan- curement, Army’’, $3,100,000. GENERAL PROVISIONS, THIS CHAPTER tage of opportunities to achieve long-standing nonproliferation goals. PROCUREMENT OF WEAPONS AND TRACKED SEC. 301. Under the heading, ‘‘Operation and (2) The amount that may be obligated under COMBAT VEHICLES, ARMY Maintenance, Defense-Wide’’, in title II of the paragraph (1) in each fiscal year for projects For an additional amount for ‘‘Procurement Department of Defense Appropriations Act, 2003 and activities described in that paragraph may of Weapons and Tracked Combat Vehicles, (Public Law 107–248), strike ‘‘$25,000,000’’ and not exceed $50,000,000. Army’’, $53,300,000. insert ‘‘$50,000,000’’. Section 166a of title 10, (b) AUTHORIZED USES OF FUNDS.—The author- United States Code, is amended by striking PROCUREMENT OF AMMUNITION, ARMY ity under subsection (a) to use Cooperative ‘‘$7,000,000’’ in subsection (e)(1)(A) and insert- Threat Reduction funds for a project or activity For an additional amount for ‘‘Procurement ing ‘‘$15,000,000’’; by striking ‘‘$1,000,000’’ in includes authority to provide equipment, goods, of Ammunition, Army’’, $447,500,000. subsection (e)(1)(B) and inserting ‘‘$10,000,000’’; and services for the project or activity, and shall OTHER PROCUREMENT, ARMY and by striking ‘‘$2,000,000’’ in subsection be subject to 22 U.S.C. Sec. 5955. For an additional amount for ‘‘Other Procure- (e)(1)(C) and inserting ‘‘$10,000,000’’. SEC. 308. None of the funds provided in this ment, Army’’, $241,800,000. SEC. 302. Under the heading, ‘‘Operation and Act may be used to fund a program previously Maintenance, Defense-Wide’’, in title II of the OTHER PROCUREMENT, AIR FORCE prohibited by the Congress, or to initiate a new Department of Defense Appropriations Act, 2003 procurement or research, development, test and For an additional amount for ‘‘Other Procure- (Public Law 107–248), strike ‘‘$34,500,000’’ and evaluation program without prior notification of ment, Air Force’’, $113,600,000. insert ‘‘$45,000,000’’. the congressional defense committees. PROCUREMENT, DEFENSE-WIDE (TRANSFER OF FUNDS) SEC. 309. The Secretary of Defense shall notify For an additional amount for ‘‘Procurement, SEC. 303. Section 8005 of the Department of the congressional defense committees no later Defense-Wide’’, $451,000,000. Defense Appropriations Act, 2003 (Public Law than 15 days after the obligation of funds ap- RESEARCH, DEVELOPMENT, TEST AND 107–248), is amended— propriated in this Act for military construction EVALUATION (1) by striking ‘‘$2,000,000,000’’, and inserting activities or minor construction in excess of ‘‘$3,500,000,000’’; and $7,500,000. RESEARCH, DEVELOPMENT, TEST AND (2) by striking the date ‘‘May 31, 2003’’, and SEC. 310. From funds appropriated in the De- EVALUATION, ARMY inserting ‘‘June 30, 2003’’. partment of Defense Appropriations Act, 2003, For an additional amount for ‘‘Research, De- (TRANSFER OF FUNDS) Public Law 107–248, under the heading ‘‘Oper- velopment, Test and Evaluation, Army’’, SEC. 304. In addition to amounts made avail- ation and Maintenance, Air Force’’, not more $11,500,000. able elsewhere in this Act for the Department of than $6,800,000 is available to build and install REVOLVING AND MANAGEMENT FUNDS Defense, $165,000,000 is appropriated to the De- fiber optic and power improvements and up- DEFENSE WORKING CAPITAL FUNDS partment of Defense to reimburse applicable ap- grades at the 11th Air Force Range. SEC. 311. Section 811(b) of the Bob Stump Na- (INCLUDING TRANSFER OF FUNDS) propriations for the value of drawdown support provided by the Department of Defense under tional Defense Authorization Act for Fiscal For an additional amount for ‘‘Defense Work- Year 2003 (Public Law 107–314; 116 Stat. 2608; 10 ing Capital Funds’’, $550,000,000. the Afghanistan Freedom Support Act of 2002: Provided, That this appropriation shall not in- U.S.C. 2406c note) is amended by striking ‘‘on or OTHER DEPARTMENT OF DEFENSE crease the limitation set forth in section 202(b) after the date of the enactment of this Act’’ and PROGRAMS of that Act: Provided further, That the Sec- inserting ‘‘on or after January 1, 2004’’. SEC. 312. From funds appropriated in the De- DEFENSE HEALTH PROGRAM retary of Defense may transfer the funds pro- partment of Defense Appropriations Act, 2003, vided herein to the applicable appropriations of For an additional amount for ‘‘Defense Public Law 107–248, under the heading ‘‘Oper- the Department of Defense: Provided further, Health Program’’, $501,700,000. ation and Maintenance, Army National That the funds transferred shall be merged with DRUG INTERDICTION AND COUNTER-DRUG Guard’’, not more than $3,000,000 is available to and shall be available for the same purposes ACTIVITIES, DEFENSE build an Infantry Brigade Rifle Range for the and for the same time period as the appropria- South Carolina National Guard. For an additional amount for ‘‘Drug Interdic- tion to which transferred: Provided further, SEC. 313. Appropriations available during fis- tion and Counter-Drug Activities, Defense’’, That the transfer authority provided in this sec- cal year 2003 under the heading ‘‘Operation and $34,000,000. tion is in addition to any other transfer author- Maintenance, Army’’ for the Air Battle Captain DEFENSE EMERGENCY RESPONSE FUND ity available to the Department of Defense. program at the University of North Dakota, may SEC. 305. Funds appropriated in this Act, or (INCLUDING TRANSFER OF FUNDS) be used to provide summer flight training to made available by the transfer of funds in or For an additional amount for ‘‘Defense Emer- United States Military Academy cadets. pursuant to this Act, for intelligence activities gency Response Fund’’, $11,019,000,000, to re- SEC. 314. (a) INCREASE IN IMMINENT DANGER are deemed to be specifically authorized by the main available until expended for ongoing mili- SPECIAL PAY.—Section 310(a) of title 37, United Congress for purposes of section 504 of the Na- tary operations in Iraq, and those operations States Code, is amended by striking ‘‘$150’’ and tional Security Act of 1947 (50 U.S.C. 414). authorized by Public Law 107–040, of which not inserting ‘‘$225’’. to exceed $50,000,000, to remain available until (TRANSFER OF FUNDS) (b) INCREASE IN FAMILY SEPARATION ALLOW- September 30, 2003, to support the military oper- SEC. 306. Of the amounts available to the De- ANCE.—Section 427(a)(1) of title 37, United ations or activities of foreign nations in further- partment of Defense, $63,500,000 may be used to States Code, is amended by striking ‘‘$100’’ and ance of the global war on terrorism, including reimburse applicable appropriations for the inserting ‘‘$250’’. equipment, supplies, services, and funding on value of support provided by the Department of (c) EXPIRATION.—(1) The amendments made such terms as the Secretary of Defense, fol- Defense under the Iraq Liberation Act of 1998: by subsections (a) and (b) shall expire on Sep- lowing notification of the congressional defense Provided, That this appropriation shall not in- tember 30, 2003. committees, and with the concurrence of the crease the limitation set forth in section (2) Effective on September 30, 2003, sections Secretary of State, may determine: Provided, (4)(a)(2)(B) of that Act: Provided further, That 310(a) of title 37, United States Code, and That the Secretary of Defense may transfer the the Secretary of Defense may transfer the funds 427(a)(1) of title 37, United States Code, as in ef- funds provided herein to appropriations for mili- provided herein to the applicable appropriations fect on the day before the date of the enactment tary personnel; operation and maintenance; of the Department of Defense: Provided further, of this Act are hereby revived. Overseas Humanitarian, Disaster Assistance, That the funds transferred shall be merged with (d) EFFECTIVE DATE.—The amendments made and Civic Aid; procurement; research, develop- and shall be available for the same purposes by subsections (a) and (b) shall take effect on ment, test and evaluation; military construction; and for the same time period as the appropria- October 1, 2002 and shall apply with respect to the Defense Health Program; and working cap- tion to which transferred: Provided further, months beginning on or after that date. ital funds: Provided further, That the funds That the transfer authority provided in this sec- SEC. 315. (a) None of the funds appropriated transferred shall be merged with and shall be tion is in addition to any other transfer author- by this Act may be obligated or expended to re- available for the same purposes and for the ity available to the Department of Defense. duce the number of American Registry of Pa- same time period, as the appropriation to which SEC. 307. EXPANDED USE OF COOPERATIVE thology personnel used by the Armed Forces In- transferred: Provided further, That the transfer THREAT REDUCTION FUNDS. (a) IN GENERAL.— stitute of Pathology for programs, projects, and authority provided in this paragraph is in addi- (1) Notwithstanding any other provision of activities of the Institute during fiscal year 2003 tion to any other transfer authority available to law, during fiscal year 2003 the President may below the number of such personnel who are so the Department of Defense: Provided further, use Cooperative Threat Reduction funds, in- used as of April 1, 2003. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4985 (b) Of the total amount appropriated by chap- vided further, That $17,000,000 of the funds pro- no appropriations are available under this ter 3 of title I under the heading ‘‘Defense vided shall be available for detection and deter- heading for the subsidy costs for these loan Health Program’’, $7,500,000 shall be available rence of radiological dispersal devices: Provided guarantees: Provided further, That the Govern- for the Armed Forces Institute of Pathology. further, That $17,000,000 of the funds provided ment of Israel will pay the cost, as defined in SEC. 316. Of the funds appropriated in the De- shall be available for nonproliferation assist- section 502 of the Federal Credit Reform Act of partment of Defense Appropriations Acts, the ance to nations other than the Former Soviet 1990, as amended, including any non-payment following funds are hereby rescinded from the Union: Provided further, That $15,000,000 of the exposure risk, associated with the loan guaran- following account and program in the specified funds provided shall be available for nuclear tees issued in any fiscal year on a pro rata basis amount: ‘‘Research, Development, Test and nonproliferation verification programs, includ- as each guarantee is issued during that year: Evaluation, Navy, 2003’’, $3,400,000. ing $2,500,000 for the Caucasus Seismic Network: Provided further, That all fees associated with SEC. 317. In the case of a member of the Armed Provided further, That $5,000,000 of the funds the loan guarantees shall be paid by the Gov- Forces who is ill or injured as described in sec- provided shall be available for the packaging ernment of Israel to the Government of the tion 411h of title 37, United States Code, as a re- and disposition of any nuclear material found United States: Provided further, That funds sult of service on active duty in support of Oper- in Iraq: Provided further, That $5,000,000 of the made available for assistance to Israel under ation Noble Eagle, Operation Enduring Freedom funds provided shall be available for nuclear chapter 4 of part II of the Foreign Assistance or Operation Iraqi Freedom, the travel and material detection materials and devices: Pro- Act of 1961, as amended, may be utilized by the transportation benefits under that section may vided further, That $5,000,000 of the funds pro- Government of Israel to pay such fees to the be provided to members of the family of the ill vided shall be available for international export United States Government: Provided further, or injured member without regard to whether control cooperation activities: Provided further, That such guarantees shall constitute obliga- there is a determination that the presence of the That $2,000,000 of the funds provided shall be tions, in accordance with the terms of such family member may contribute to the member’s available for vulnerability assessments of spent guarantees, of the United States and the full health and welfare. nuclear fuel casks. faith and credit of the United States is hereby SEC. 318. (a) For a member of the Armed ENVIRONMENTAL AND OTHER DEFENSE pledged for the full payment and performance of Forces medically evacuated for treatment in a ACTIVITIES such obligations: Provided further, That if less medical facility, or for travel to a medical facil- DEFENSE ENVIRONMENTAL RESTORATION AND than the full amount of guarantees authorized ity or the member’s home station, by reason of WASTE MANAGEMENT to be made available is issued prior to September an illness or injury incurred or aggravated by 30, 2005, the authority to issue the balance of For an additional amount for ‘‘Defense Envi- the member while on active duty in support of such guarantees shall extend to the subsequent ronmental Restoration and Waste Manage- Operation Noble Eagle, Operation Enduring fiscal year: Provided further, That the President ment’’, for expenses necessary to support safe- Freedom or Operation Iraqi Freedom, the Sec- shall determine the terms and conditions for guards and security activities at nuclear and retary of the military department concerned issuing guarantees, taking into consideration other facilities, $6,000,000, to remain available may procure civilian attire suitable for wear by the budgetary and economic reforms undertaken until expended. the member during the travel. by Israel: Provided further, That if the Presi- (b) The Secretary may not expend more than OTHER DEFENSE ACTIVITIES dent determines that these terms and conditions $250 for the procurement of civilian attire for For an additional amount for ‘‘Other Defense have been breached, the President may suspend any member under subsection (a). Activities’’, $18,000,000, to remain available until or terminate the provision of all or part of the CHAPTER 4 expended, for increased safeguards and security loan guarantees not yet issued under this sec- of Department of Energy facilities and per- DEPARTMENT OF DEFENSE—CIVIL tion. sonnel, including intelligence and counterintel- OPERATING EXPENSES OF THE UNITED STATES DEPARTMENT OF THE ARMY ligence activities: Provided, That this amount AGENCY FOR INTERNATIONAL DEVELOPMENT CORPS OF ENGINEERS—CIVIL shall be available for transfer to other accounts For an additional amount for ‘‘Operating Ex- OPERATIONS AND MAINTENANCE, GENERAL within the Department of Energy for other ex- penses of the United States Agency for Inter- For an additional amount for homeland secu- penses necessary to support elevated security national Development’’, $23,600,000, of which rity expenses, for ‘‘Operations and Mainte- conditions 15 days after a notification to the not more than $2,000,000 may be transferred to nance, General’’, $29,000,000, to remain avail- Congress of the proposed transfers. and merged with ‘‘Operating Expenses of the able until expended. CHAPTER 5 United States Agency for International Develop- DEPARTMENT OF THE INTERIOR BILATERAL ECONOMIC ASSISTANCE ment Office of Inspector General’’. BUREAU OF RECLAMATION FUNDS APPROPRIATED TO THE OTHER BILATERAL ECONOMIC PRESIDENT WATER AND RELATED RESOURCES ASSISTANCE For an additional amount for homeland secu- UNITED STATES AGENCY FOR INTERNATIONAL ECONOMIC SUPPORT FUND DEVELOPMENT rity expenses, for ‘‘Water and Related Re- For an additional amount for ‘‘Economic Sup- sources’’, $25,000,000, to remain available until CHILD SURVIVAL AND HEALTH PROGRAMS FUNDS port Fund’’, $2,357,900,000, of which the expended. For an additional amount for ‘‘Child Survival amounts specified herein shall be available as DEPARTMENT OF ENERGY and Health Programs Fund’’, $90,000,000. follows: INTERNATIONAL DISASTER ASSISTANCE ENERGY PROGRAMS (1) $300,000,000, to remain available until Sep- For an additional amount for ‘‘International tember 30, 2005, only for grants for Egypt: Pro- SCIENCE Disaster Assistance’’, $112,500,000: Provided, vided, That during the period beginning March For an additional amount for ‘‘Science’’ for That amounts made available pursuant to sec- 1, 2003 and ending September 30, 2005, loan expenses necessary to support safeguards and tion 492(b) of the Foreign Assistance Act of 1961 guarantees may be made to Egypt, the principal security of nuclear and other facilities and for for the purpose of addressing relief and rehabili- amount, any part of which is to be guaranteed, other purposes, $11,000,000, to remain available tation needs in Iraq, prior to enactment of this shall not exceed $2,000,000,000: Provided further, until expended. Act, shall be in addition to the amount that may That up to $379,600,000 in funds appropriated ATOMIC ENERGY DEFENSE ACTIVITIES be obligated in any fiscal year under that sec- under this heading in prior foreign operations, NATIONAL NUCLEAR SECURITY ADMINISTRATION tion. export financing, and related programs appro- LOAN GUARANTEES TO ISRAEL priations Acts for Egypt, including funds pro- WEAPONS ACTIVITIES During the period beginning March 1, 2003 vided as Commodity Import Program assistance, For an additional amount for ‘‘Weapons Ac- and ending September 30, 2005, loan guarantees may be made available on a grant basis as a tivities’’ for expenses necessary to safeguard nu- may be made available to Israel, guaranteeing cash transfer. clear weapons and nuclear material, $61,000,000, 100 percent of the principal and interest on such (2) $1,000,000,000 to remain available until to remain available until expended: Provided, loans, any part of which is to be guaranteed, September 30, 2005, only for grants for Turkey: That $25,000,000 of the funds provided shall be not to exceed $9,000,000,000: Provided, That Provided, That during the period beginning available for secure transportation asset activi- guarantees may be issued under this section March 1, 2003 and ending September 30, 2005, di- ties: Provided further, That $36,000,000 of the only to support activities in the geographic rect loans or loan guarantees may be made to funds provided shall be available to meet in- areas which were subject to the administration Turkey, the principal amount of direct loans or creased safeguards and security needs through- of the Government of Israel before June 5, 1967: loans, any part of which is to be guaranteed, out the nuclear weapons complex. Provided further, That the amount of guaran- shall not exceed $8,500,000,000: Provided further, NUCLEAR NONPROLIFERATION tees that may be issued shall be reduced by an That none of the funds made available under For an additional amount for ‘‘Nuclear Non- amount equal to the amount extended or esti- this heading for Turkey may be made available proliferation’’ for expenses necessary to safe- mated to have been extended by the Government if Turkey unilaterally deploys troops into north- guard fissile nuclear material, $150,000,000, to of Israel during the period from March 1, 2003 to ern Iraq during Operation Iraqi Freedom: Pro- remain available until expended: Provided, That the date of issue of the guarantee, for activities vided further, That the Secretary of State may $84,000,000 of the funds provided shall be avail- which the President determines are inconsistent waive the requirement of the previous proviso if able for the development and deployment of nu- with the objectives and understandings reached he determines that to do so is in the national se- clear detectors at mega seaports, in coordination between the United States and the Government curity interest of the United States: Provided with the Department of Homeland Security Bu- of Israel regarding the implementation of the further, That any balance of funds not made reau of Customs and Border Protection: Pro- loan guarantee program: Provided further, That available to Turkey under this paragraph shall S4986 CONGRESSIONAL RECORD — SENATE April 8, 2003 be transferred to, and merged with, funds ap- such waiver shall contain an explanation of the OTHER BILATERAL ECONOMIC propriated for ‘‘Iraq Relief and Reconstruction emergency circumstances. ASSISTANCE Fund’’. FUNDS APPROPRIATED TO THE PRESIDENT (3) The Government of Egypt and the Govern- INDEPENDENT AGENCIES IRAQ RELIEF AND RECONSTRUCTION FUND ment of Turkey will pay the cost, as defined in DEPARTMENT OF STATE section 502 of the Federal Credit Reform Act of (INCLUDING TRANSFERS OF FUNDS) 1990, as amended, including any non-payment INTERNATIONAL NARCOTICS CONTROL AND LAW For necessary expenses for humanitarian as- exposure risk, associated with these loan guar- ENFORCEMENT sistance in and around Iraq and for rehabilita- antees: Provided further, That all fees associ- For an additional amount for ‘‘International tion and reconstruction in Iraq, $2,468,300,000, ated with these loan guarantees or loans shall Narcotics Control and Law Enforcement’’, including for the costs of: (1) feeding and food be paid by the Government of Egypt and the $25,000,000, to remain available until September distribution; (2) supporting relief efforts related Government of Turkey to the Government of the 30, 2004. to refugees, internally displaced persons, and United States: Provided further, That funds vulnerable individuals, including assistance for made available for assistance for Egypt and ANDEAN COUNTERDRUG INITIATIVE families of innocent Iraqi civilians who suffer Turkey under chapter 4 of Part II of the For- For an additional amount for the ‘‘Andean losses as a result of military operations; (3) hu- eign Assistance Act of 1961, as amended, may be Counterdrug Initiative’’, $34,0000,000, to remain manitarian demining; (4) healthcare; (5) water/ utilized by the Government of Egypt and the available until September 30, 2004: Provided, sanitation infrastructure; (6) education; (7) elec- Government of Turkey to pay such fees and That of the funds appropriated under this head- tricity; (8) transportation; (9) telecommuni- costs to the United States Government: Provided ing that are made available for Colombia, not cations; (10) rule of law and governance; (11) further, That such guarantees shall constitute less than $5,000,000 should be made available for economic and financial policy; and (12) agri- obligations, in accordance with the terms of programs and activities to assist women and culture: Provided, That these funds may be such guarantees, of the United States and the children who have been displaced as a result of transferred to and made available for any Fed- full faith and credit of the United States is here- armed conflict. eral Government activity, other than any De- by pledged for the full payment and perform- partment of Defense activity, for expenses to ance of such obligations: Provided further, That UNITED STATES EMERGENCY REFUGEE AND meet such costs: Provided further, That upon a the President shall determine the terms and con- MIGRATION ASSISTANCE FUND determination that all or part of the funds ditions for providing the economic assistance For an additional amount for ‘‘United States transferred from this appropriation are not nec- authorized in paragraphs (1) and (2): Provided Emergency Refugee and Migration Assistance essary for the purposes provided herein, such further, That if the President determines that Fund’’, $75,000,000, to remain available until ex- amounts may be transferred back to this appro- these terms and conditions have been breached, pended, notwithstanding section 2(c)(2) of the priation: Provided further, That funds appro- the President may suspend or terminate the pro- Migration and Refugee Assistance Act of 1962, priated under this heading shall be used to fully vision of all or part of such economic assistance as amended (22 U.S.C. 2601(c)(2)). reimburse accounts administered by the Depart- not yet outlayed under this heading, and shall ment of State and the United States Agency for transfer, and merge, such economic assistance NONPROLIFERATION, ANTI-TERRORISM, DEMINING International Development, not otherwise reim- with the ‘‘Iraq Relief and Reconstruction AND RELATED PROGRAMS bursed from funds appropriated by this chapter, Fund’’. For an additional amount for ‘‘Nonprolifera- for obligations incurred for the purposes pro- (4) $700,000,000 for assistance for Jordan. tion, Anti-Terrorism, Demining and Related vided under this heading prior to enactment of (5) Not less than $50,000,000 for assistance for Programs’’, $28,000,000: Provided, That funds this Act from funds appropriated for foreign op- the Philippines to further prospects for peace in appropriated by this paragraph shall be avail- erations, export financing, and related pro- Mindanao. able notwithstanding section 10 of Public Law grams: Provided further, That prior to the ini- UNITED STATES EMERGENCY FUND FOR COMPLEX 91–672 and section 15 of the State Department tial transfer of funds made available under this FOREIGN CRISES Basic Authorities Act of 1956. heading to any Agency or Department, the Sec- retary of State shall consult with the Commit- For necessary expenses to enable the Presi- MILITARY ASSISTANCE tees on Appropriations on plans for the use of dent to respond to unforeseen complex foreign the funds appropriated under this heading that crises, $150,000,000, to remain available until ex- FUNDS APPROPRIATED TO THE will be used for assistance for Iraq: Provided pended: Provided, That funds appropriated PRESIDENT further, That the United States may accept from under this heading may be made available only FOREIGN MILITARY FINANCING PROGRAM any person, foreign government, or inter- pursuant to a determination by the President national organization, and credit to this Fund, that is in the national interest to furnish assist- For an additional amount for ‘‘Foreign Mili- any contribution of money for such purposes: ance on such terms and conditions as he may tary Financing Program’’, $2,059,100,000: Pro- Provided further, That funds appropriated determine, after consultation with Congress, for vided, That funds appropriated by this para- under this heading shall be available notwith- the purpose of responding to such crises, includ- graph shall be available notwithstanding sec- standing any other provision of law, including ing support for peace and humanitarian inter- tion 10 of Public Law 91–672 and section 15 of section 10 of Public Law 91–672 and section 15 of vention operations: Provided further, That none the State Department Basic Authorities Act of the State Department Basic Authorities Act of of the funds appropriated under this heading 1956: Provided further, That of the funds appro- 1956: Provided further, That the previous pro- shall be available to respond to natural disas- priated under this heading, not less than viso shall not apply to section 553 of Public Law ters: Provided further, That for funds appro- $1,000,000,000 shall be made available for assist- 108–7: Provided further, That funds appro- priated under this heading the President may ance for Israel and not less than $406,000,000 priated under this heading shall be subject to make allocations to Federal agencies, other than shall be made available for assistance for Jor- the regular notification procedures of the Com- the Department of Defense, to carry out the au- dan: Provided further, That the funds appro- mittees on Appropriation, except that notifica- thorities provided under this heading: Provided priated by this paragraph for Israel shall be dis- tions shall be transmitted at least 5 days in ad- further, That funds appropriated by this para- bursed within 30 days of the enactment of this vance of the obligations of funds: Provided fur- graph shall be made available notwithstanding Act: Provided further, That to the extent that ther, That of the funds appropriated under this section 10 of Public Law 91–672 and section 15 of the Government of Israel requests that funds be heading, $4,300,000 shall be made available to the State Department Basic Authorities Act of used for such purposes, grants made available the United States Agency for International De- 1956: Provided further, That the President may for Israel by this paragraph shall, as agreed by velopment Office of Inspector General for the furnish assistance under this heading notwith- Israel and the United States, be available for purpose of monitoring and auditing expendi- standing any other provision of law: Provided advanced weapons systems, of which not less tures for reconstruction and related activities in further, That the previous proviso shall not than $263,000,000 shall be available for the pro- Iraq: Provided further, That such sums are in apply to section 553 of Public Law 108–7: Pro- curement in Israel of defense articles and de- addition to funds otherwise made available by vided further, That funds appropriated under fense services, including research and develop- this Act to such office this heading shall be subject to the regular noti- ment: Provided further, That up to $20,000,000 fication procedures of the Committees on Appro- of the funds appropriated by this paragraph GENERAL PROVISIONS, THIS CHAPTER priations, except that notifications shall be may be transferred to and merged with funds SEC. 501. Any appropriation made available in transmitted at least 5 days in advance of the ob- appropriated under the heading ‘‘Andean this chapter under the headings ‘‘International ligations of funds: Provided further, That the Counterdrug Initiative’’ for aircraft, training, Disaster Assistance’’, ‘‘United States Emergency requirements of the previous proviso may be and other assistance for the Colombian Armed Refugee and Migration Assistance Fund’’, waived if failure to do so would pose a substan- Forces: Provided further, That funds appro- ‘‘Nonproliferation, Anti-Terrorism, Demining tial risk to human health or welfare: Provided priated under this heading shall be subject to and Related Programs’’, ‘‘Peacekeeping Oper- further, That in case of any such waiver, notifi- the regular notification procedures of the Com- ations’’, or ‘‘Iraq Relief and Reconstruction cation to the Committees on Appropriations mittees on Appropriations, except that notifica- Fund’’ may be transferred between such appro- shall be provided as early as practicable, but in tions shall be transmitted at least 10 days in ad- priations for use for any of the purposes for no event later than 3 days after taking the ac- vance of the obligation of funds. which the funds in the such receiving account tion to which such notification requirement was may be used: Provided, That the total amount PEACEKEEPING OPERATIONS applicable, in the context of the circumstances transferred from funds appropriated under each necessitating such waiver: Provided further, For an additional amount for ‘‘Peacekeeping of these headings shall not exceed $200,000,000: That any notification provided pursuant to Operations’’, $150,000,000. Provided further, That the Secretary of State April 8, 2003 CONGRESSIONAL RECORD — SENATE S4987 shall consult with the Committee on Appropria- pendent States of the Former Soviet Union’’, is Fire Prevention and Control Act of 1974 (15 tions prior to exercising the authority contained amended by inserting in subsection (f) before the U.S.C. 2201 et seq.), the Defense Production Act in this section: Provided further, That funds period: ‘‘: Provided further, That such funds of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 made available pursuant to the authority of this may be made available without regard to the re- and 303 of the National Security Act of 1947 (50 section shall be subject to the regular notifica- striction in this subsection if the Secretary of U.S.C. 404–405), and Reorganization Plan No. 3 tion procedures of the Committees on Appropria- State determines that to do so is in the national of 197, $109,500,000, to remain available until ex- tions, except that notification shall be trans- security interest of the United States’’. pended: Provided, That this amount shall be for mitted at least 5 days in advance of the obliga- CHAPTER 6 grants to improve public safety communications tions of funds. and interoperability. DEPARTMENT OF HOMELAND SECURITY SEC. 502. Assistance or other financing under GENERAL PROVISION, THIS CHAPTER DEPARTMENTAL MANAGEMENT this chapter may be made available for assist- SEC. 601. The Bureau of Customs and Border ance to Iraq notwithstanding any other provi- COUNTERTERRORISM FUND Protection shall inspect all commercial motor ve- sion of law: Provided, That the authority con- For an additional amount for the hicles (as defined in section 31101(1) of title 49, tained in this section shall not apply to section ‘‘Counterterrorism Fund,’’ for necessary ex- United States Code) carrying municipal solid 553 of Public Law 108–7: Provided further, That penses as determined by the Secretary of Home- waste and seeking to enter the United States funds made available for assistance for Iraq land Security, $1,135,000,000, to remain available through the Blue Water Bridge port-of-entry in pursuant to this authority shall be subject to until December 31, 2003, to reimburse any De- Port Huron, Michigan, and the Ambassador the regular notification procedures of the Com- partment of Homeland Security organization for Bridge port-of-entry in Detroit, Michigan, and mittees on Appropriations and section 634A of the costs of providing support to prevent, ensure that by May 2003, the Blue Water Bridge the Foreign Assistance Act of 1961, except that counter, investigate, respond to, or prosecute in Port Huron, Michigan, shall be— notification shall be transmitted at least 5 days unexpected threats or acts of terrorism: Pro- (1) equipped with radiation detection equip- in advance of the obligation of funds. vided, That of the total amount appropriated, ment; and SEC. 503. The Iraq Sanctions Act of 1990 is not to exceed $215,000,000 may be transferred to (2) staffed by Bureau inspectors formally hereby repealed: Provided, That nothing in this any authorized Federal Government activity for trained in the process of detecting radioactive section shall affect the applicability of the Iran- necessary expenses to detect, prepare for, pro- materials in cargo and equipped with both por- Iraq Arms Non-Proliferation Act of 1992 (Public tect against, or respond to a potential terrorist tal monitor devices and hand-held isotope iden- Law 102–484), except as such Act applies to attack: Provided further, That the Secretary tifiers. water purification items and other humani- shall notify the Committees on Appropriations SEC. 602. TSA TO ISSUE LETTERS OF INTENT tarian assistance for the Iraqi people: Provided of the Senate and House of Representatives 15 REGARDING INSTALLATION OF EDS AT AIRPORTS. further, That the President may make inappli- days prior to the obligation of any amount of (a) IN GENERAL.—The Under Secretary of Home- cable with respect to Iraq section 620A of the these funds. land Security for Transportation and Border Se- Foreign Assistance Act of 1961, as amended, or curity may issue letters of intent to airports to BORDER AND TRANSPORTATION SECURITY other provision of law that applies to countries provide assistance for the installation of explo- that have supported terrorism: Provided further, OFFICE FOR DOMESTIC PREPAREDNESS sive detection systems by the date prescribed by That section 307 of the Foreign Assistance of For an additional amount for the ‘‘Office for section 44901(d)(2)(i) of title 49, United States 1961, as amended, shall not apply with respect Domestic Preparedness’’, as authorized by Sec- Code. to programs of international organizations for tions 403(5) and 430 of the Homeland Security (b) REPORT.—Beginning 30 days after the date Iraq: Provided further, That provisions of law Act of 2002 (Public Law 107–296) and Section of enactment of this Act, and every 60 days that direct the United States Government to vote 1014 of the USA PATRIOT ACT of 2001 (Public thereafter in calendar year 2003, the Under Sec- against or oppose loans or other uses of funds, Law 107–56), for grants, contracts, cooperative retary shall transmit a classified report to the including for financial or technical assistance, agreements, and other activities, including House of Representatives Committee on Appro- in international financial institutions for Iraq grants to States for terrorism prevention activi- priations, the Senate Committee on Appropria- should not be construed as applying to Iraq. ties, $2,200,000,000, to remain available until ex- tions, the House of Representatives Committee SEC. 504. Notwithstanding any other provision pended: Provided, That of the total amount ap- on Transportation and Infrastructure, and the of law, the President may authorize the export propriated, $1,270,000,000 shall be made avail- Senate Committee on Commerce, Science, and to Iraq of any item subject to the Export Admin- able for grants to states, and each state grant Transportation describing each letter of intent istration Regulations, 15 CFR chapter VII, sub- award shall ensure that at least 80 percent of issued by the Under Secretary under subsection chapter C, or controlled under the International the total amount of the grant shall be allocated (a). Trafficking in Arms Regulations on the United to local governments within 60 days of receipt of SEC. 603. In accordance with section 873(b) of States Munitions List established pursuant to the funds: Provided further, That of the total the Homeland Security Act of 2002 (6 U.S.C. section 38 of the Arms Export Control Act, 22 amount appropriated, $300,000,000 shall be made 453(b)), the Bureau of Customs and Border Pro- U.S.C. 2778, if the President determines that the available for grants to states for critical infra- tection may accept donations of body armor for export of such item is in the national interest of structure protection, and each grant award United States border patrol agents and United the United States. shall ensure that no less than one-third of the States border patrol canines if such donations SEC. 505. Of the funds appropriated by this total amount of the grant shall be allocated to would further the mission of protecting our Na- chapter under the heading ‘‘Economic Support local governments within 60 days of receipt of tion’s border and ports of entry as determined Fund’’, $10,000,000 should be made available for the funds: Provided further, That of the total by the Under Secretary for Border and Trans- investigations and research into allegations of amount appropriated, $600,000,000 shall be made portation Security. war crimes, crimes against humanity, or geno- available for protection or preparedness of high- CHAPTER 7 cide committed by Saddam Hussein or other threat urban areas, as determined by the Sec- DEPARTMENT OF HEALTH AND HUMAN Iraqis, and for the establishment of an inter- retary of Homeland Security. SERVICES national tribunal to bring these individuals to COAST GUARD OFFICE OF THE SECRETARY justice: Provided, That 90 days after enactment OPERATING EXPENSES of this Act, the Secretary of State shall report to PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY the Committees on Appropriations on plans for For an additional amount for ‘‘Operating Ex- FUND the prosecution of these individuals, including penses’’ for the Coast Guard in support of De- For an additional amount for the ‘‘Public jurisdictional options. partment of Defense initiatives in relation to Health and Social Services Emergency Fund’’, SEC. 506. It is the Sense of the Senate that, to Operation Iraqi Freedom and Operation Liberty $35,000,000 for costs associated with compen- the maximum extent practicable, contracts (in- Shield, $580,000,000, to remain available until sating individuals with injuries resulting from cluding subcontracts) and grants for relief and December 31, 2003: Provided, That the Secretary smallpox vaccinations and countermeasures, to reconstruction in Iraq from funds appropriated shall notify the Committees on Appropriations remain available until expended: Provided, That under this chapter should be awarded to United of the Senate and House of Representatives 15 such funds shall become available only upon the States companies (particularly small and me- days prior to obligation of any amount of these enactment of legislation authorizing a smallpox dium sized businesses) and organizations, to funds. vaccination compensation program. companies and organizations located in the FEDERAL EMERGENCY MANAGEMENT AGENCY SMALLPOX AND OTHER BIOTERRORISM INOCULATION ACTIVITIES Near East region, and to those from countries DISASTER RELIEF which have provided assistance to Operation For additional expenses necessary to support (INCLUDING TRANSFERS OF FUNDS) Iraqi Freedom. grants to States for smallpox and other bioter- SEC. 507. It is the sense of the Senate that the EMERGENCY MANAGEMENT PLANNING AND rorism inoculation activities, $105,000,000, to re- reconstruction of Iraq should be funded to the ASSISTANCE main available until September 30, 2004: Pro- maximum extent practicable from revenues pro- For an additional amount, not otherwise pro- vided, That this amount is transferred to the duced by Iraqi oil and that the United States vided for, to carry out activities under the Na- Centers for Disease Control and Prevention. Government should work with our allies, the fu- tional Flood Insurance Act of 1968 and the SEVERE ACUTE RESPIRATORY SYNDROME (SARS) ture government of a free Iraq, and other appro- Flood Disaster Protection Act of 1973 (42 U.S.C. For an additional amount for ‘‘Centers for priate entities to establish the necessary frame- 4001 et seq.), the Robert T. Stafford Disaster Re- Disease Control and Prevention, Disease Con- work for this arrangement. lief and Emergency Assistance Act (42 U.S.C. trol, Research, and Training’’, $16,000,000 for SEC. 508. Division E of Public Law 108–7, 5121 et seq.), the Earthquake Hazards Reduction costs associated with the prevention and control under the heading ‘‘Assistance for the Inde- Act of 1977 (42 U.S.C. 7701 et seq.), the Federal of Severe Acute Respiratory Syndrome (SARS). S4988 CONGRESSIONAL RECORD — SENATE April 8, 2003

GENERAL PROVISION or protect against acts or threatened acts of ter- (1) by inserting ‘‘all’’ before ‘‘losses’’; REPATRIATION rorism or to prosecute operations in Iraq. (2) by inserting after ‘‘losses’’ the following: SEC. 701. Section 1113(d) of the Social Security (b) Not later than 15 days before obligating ‘‘to crops, livestock, and trees, and interest and Act (42 U.S.C. 1313(d)), is amended by striking amounts available under subsection (a) for mili- loss of income, and related expenses’’; ‘‘1991’’ and inserting ‘‘2003’’. tary construction projects referred to in that (3) by striking ‘‘during calendar years 2002 subsection, the Secretary shall notify the appro- and 2003’’; and CHAPTER 8 priate committees of Congress of the following: (4) by deleting ‘‘August’’ and inserting in lieu LEGISLATIVE BRANCH (1) the determination to use such amounts for thereof ‘‘July’’. CAPITOL POLICE the project; and (d)(1) STUDY ON THE SALE OF MILK INTO CALI- FORNIA.—Within 90 days, the Secretary shall re- GENERAL EXPENSES (2) the estimated cost of the project and the accompanying Form 1391. port to Congress on the economic impacts to For an additional amount for ‘‘General ex- (c) In this section the term ‘‘appropriate com- California dairy farmers from handlers or proc- penses’’, $38,165,000, to remain available until mittees of Congress’’ has the meaning given that essors of Class I milk products in the Las Vegas- expended. term in section 2801(c)(4) of title 10, United Nevada-Arizona region selling milk or milk OFFICE OF COMPLIANCE States Code. products into the California State order. SALARIES AND EXPENSES SEC. 902. (a) The Secretary of the Army may (2) EXEMPTION OF MILK HANDLERS FROM MIN- For an additional amount for ‘‘Salaries and accept funds from the State of Utah, and credit IMUM PRICE REQUIREMENTS.—Section 8c(5) of expenses’’, $111,000. them to the appropriate Department of the Army the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Ag- ARCHITECT OF THE CAPITOL accounts for the purpose of the funding of the costs associated with extending the runway at ricultural Marketing Agreement Act of 1937 (as GENERAL ADMINISTRATION Michael Army Airfield, Dugway Proving amended by subsection (a)), is amended by add- For an additional amount for ‘‘General ad- Ground, Utah, as part of a previously author- ing at the end the following: ministration’’, $18,672,000, which shall remain ized military construction project. ‘‘(N) EXEMPTION OF MILK HANDLERS FROM available until September 30, 2007. (b) The Secretary may use the funds accepted MINIMUM PRICE REQUIREMENTS.—Notwith- CAPITOL BUILDING for the refurbishment, in addition to funds au- standing any other provision of this subsection, prior to January 1, 2005, no handler with dis- For an additional amount for ‘‘Capitol build- thorized and appropriated for the project. The tribution of Class I milk products in the Ari- ing’’, $1,100,000. authority to accept a contribution under this section does not authorize the Secretary of the zona-Las Vegas marketing area (Order No. 131) CAPITOL POWER PLANT Army to reduce expenditures of amounts appro- or Pacific Northwest marketing area (Order No. For an additional amount for ‘‘Capitol power priated for the refurbishment project. The funds 124) shall be exempt during any month from any plant’’, $14,600,000, which shall remain avail- accepted shall remain available until expended. minimum milk price requirement established by able until September 30, 2007. (c) The authority provided in this section the Secretary under this subsection if the total CAPITOL POLICE BUILDINGS AND GROUNDS shall be effective upon the date of the enactment distribution of Class I products within the Ari- zona-Las Vegas marketing area or the Pacific For an additional amount for ‘‘Capitol police of this Act. Northwest marketing area of any handler’s own buildings and grounds’’, $40,140,000, to remain CHAPTER 10 farm production exceeds the lesser of— available until September 30, 2007. DEPARTMENT OF TRANSPORTATION ‘‘(i) 3 percent of the total quantity of Class I LIBRARY OF CONGRESS MARITIME ADMINISTRATION products distributed in the Arizona-Las Vegas SALARIES AND EXPENSES MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM marketing area (Order No. 131) or the Pacific For an additional amount for ‘‘Salaries and ACCOUNT Northwest marketing area (Order No. 124); or expenses’’, $5,500,000 to remain available until For the cost of guaranteed loans, as author- ‘‘(ii) 5,000,000 pounds.’’. September 30, 2007. ized, $50,000,000, to remain available until Sep- (3) EXCLUSION OF CLARK COUNTY, NEVADA FROM FEDERAL MILK MARKETING ORDERS.— CONGRESSIONAL RESEARCH SERVICE tember 30, 2005: Provided, That such costs, in- (A) IN GENERAL.—Section 8c(11)(C) the Agri- SALARIES AND EXPENSES cluding the cost of modifying such loans, shall be as defined in section 502 of the Congressional cultural Adjustment Act (7 U.S.C. 608c(11)(C)), For an additional amount for ‘‘Salaries and Budget Act of 1974, as amended. reenacted with amendments by the Agricultural expenses’’, $1,863,000, to remain available until Marketing Agreement Act of 1937, is amended by September 30, 2007. CHAPTER 11 striking the last sentence and inserting the fol- GENERAL ACCOUNTING OFFICE DEPARTMENT OF VETERANS AFFAIRS lowing: ‘‘In the case of milk and its products, SALARIES AND EXPENSES VETERANS HEALTH ADMINISTRATION Clark County, Nevada shall not be within a MEDICAL CARE marketing area defined in any order issued For an additional amount for ‘‘Salaries and under this section.’’. For necessary expenses for the maintenance expenses’’, $4,849,000. (B) INFORMAL RULEMAKING.—The Secretary of and operation of hospitals, nursing homes, and GENERAL PROVISONS, THIS CHAPTER Agriculture may modify an order issued under domiciliary facilities; for furnishing, as author- section 8c of the Agricultural Adjustment Act (7 SEC. 801. POSTAL PATRON POSTCARDS. The ized by law, inpatient and outpatient care and U.S.C. 608c), reenacted with amendments by the matter under the subheading ‘‘MISCELLANEOUS treatment to beneficiaries of the Department of Agricultural Marketing Agreement Act of 1937, ITEMS’’ under the heading ‘‘CONTINGENT EX- Veterans Affairs, including care and treatment to implement the amendment made by para- PENSES OF THE SENATE’’ under title I of the Leg- in facilities not under the jurisdiction of the de- graph (1) by promulgating regulations, without islative Branch Appropriations Act, 2003 (Public partment; and for furnishing recreational facili- regard to sections 556 and 557 of title 5, United Law 108–7) is amended by striking ‘‘with a pop- ties, supplies, and equipment incident to the States Code. ulation of less than 250,000’’. provision of hospital care, medical services, and CHAPTER 9 (e) LIVESTOCK COMPENSATION PROGRAM.—Sec- nursing home care authorized by section tion 203(a) of the Agricultural Assistance Act of DEPARTMENT OF DEFENSE 1710(e)(1)(D) of title 38, United States Code, 2003 (title II of division N of Public Law 108–7)) MILITARY CONSTRUCTION $155,000,000: Provided, That such amount shall is amended by adding at the end the following: remain available until expended. MILITARY CONSTRUCTION, NAVY ‘‘(3) GRANTS.— TITLE II—MISCELLANEOUS AND For an additional amount for ‘‘Military Con- ‘‘(A) IN GENERAL.—To provide assistance to el- TECHNICAL CORRECTIONS struction, Navy’’, $48,100,000, to remain avail- igible applicants under paragraph (2)(B), the able until September 30, 2007. CHAPTER 1 Secretary shall provide grants to appropriate State departments of agriculture (or other ap- MILITARY CONSTRUCTION, AIR FORCE SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, AND RELATED AGENCIES propriate State agencies) that agree to provide For an additional amount for ‘‘Military Con- assistance to eligible applicants. struction, Air Force’’, $127,400,000, to remain GENERAL PROVISIONS ‘‘(B) AMOUNT.—The total amount of grants available until September 30, 2007. SEC. 201. (a) Section 756 in Division A of Pub- provided under subparagraph (A) shall be equal FAMILY HOUSING OPERATION AND MAINTENANCE, lic Law 108–7 is amended by striking ‘‘section to the total amount of assistance that the Sec- AIR FORCE 7404’’ and inserting in lieu thereof ‘‘section retary determines all eligible applicants are eli- 7404(a)(1)’’. For an additional amount for ‘‘Family Hous- gible to receive under paragraph (2)(B).’’. (b) Section 10806(b) of the Farm Security and SEC. 202. USE OF ORGANICALLY PRODUCED ing Operation and Maintenance, Air Force’’, Rural Investment Act of 2002 (21 U.S.C. 321d(b)) FEED FOR CERTIFICATION AS ORGANIC FARM. $2,000,000, to remain available until September is amended by adding at the end the following: Section 771 of the Agriculture, Rural Develop- 30, 2007. ‘‘(3) EFFECTIVE DATE.—This subsection and ment, Food and Drug Administration, and Re- GENERAL PROVISIONS, THIS CHAPTER the amendment made by this subsection take ef- lated Agencies Appropriations Act, 2003 (divi- SEC. 901. (a) Up to $150,000,000 of the amounts fect on May 13, 2003.’’. sion A of Public Law 108–7) is repealed. made available to the Department of Defense (c) Section 210 of the Agricultural Assistance SEC. 203. WILD SEAFOOD. Section 2107 of the from funds appropriated in this Act may be used Act of 2003, ‘‘Assistance to Agricultural Pro- Organic Foods Production Act of 1990 (7 U.S.C. to carry out military construction projects, not ducers Located in New Mexico for Tebuthiuron 6503) is amended— otherwise authorized by law, that the Secretary Application Losses’’, is amended in subsection (1) by redesignating subsections (c) and (d) as of Defense certifies are necessary to respond to (a)— subsections (d) and (e), respectively; and April 8, 2003 CONGRESSIONAL RECORD — SENATE S4989 (2) by inserting after section (b) the following: related to the Station nightclub fire on February tional amount of $32,312,000 from local funds ‘‘(c) WILD SEAFOOD.— 20, 2003, to remain available until December 31, and a rescission of $4,034,000 from other funds ‘‘(1) IN GENERAL.—Notwithstanding the re- 2003. appropriated under this heading in the District quirement of section 2107(a)(1)(A) requiring SEC. 2002. Not later than 60 days after the of Columbia Appropriations Act, 2003 (Public products be produced only on certified organic date of the enactment of this Act, the Secretary Law 108–7). farms, the Secretary shall allow, through regu- of State and the Attorney General shall jointly In addition, this heading in the District of Co- lations promulgated after public notice and op- report to the Committee on Appropriations on lumbia Appropriations Act, 2003, approved Feb- portunity for comment, wild seafood to be cer- the feasibility of providing access to State and ruary 20, 2003 (Public Law 108–7), is amended as tified or labeled as organic. local law enforcement agencies to the database follows: ‘‘(2) CONSULTATION AND ACCOMMODATION.—In of the Department of State on potential terror- (1) by striking the following proviso, ‘‘Pro- carrying out paragraph (1), the Secretary ists known as the ‘‘Tipoff’’ database including vided further, That $3,209,000 of this appropria- shall— the process by which classified information shall tion, to remain available until expended, shall ‘‘(A) consult with— be secured from unauthorized disclosure. be deposited in the Interim Disability Assistance ‘‘(i) the Secretary of Commerce; SEC. 2003. For an additional amount for the Fund to be used exclusively for the Interim Dis- ‘‘(ii) the National Organic Standards Board law enforcement technology program under the ability Assistance program established by sec- established under section 2119; heading ‘‘Community Oriented Policing Serv- tion 201 of the District of Columbia Public As- ‘‘(iii) producers, processors, and sellers; and ices’’ in the Departments of Commerce, Justice, sistance Act of 1982, effective April 6, 1982 (D.C. ‘‘(iv) other interested members of the public; and State, the Judiciary, and Related Agencies Law 4–101; D.C. Official Code, sec. 4–202.01), and Appropriations Act, 2003, $5,000,000 for the Lou- and the purposes for that program set forth in ‘‘(B) to the maximum extent practicable, ac- isville-Jefferson County, Kentucky Public Safety section 407 of the District of Columbia Public commodate the unique characteristics of the in- Communications System to implement a common Assistance Act of 1982, effective April 3, 2001 dustries in the United States that harvest and interoperable voice and data communications (D.C. Law 13–252; D.C. Official Code, sec. 4– process wild seafood.’’. system for public safety organizations in the 204.07):’’, and CHAPTER 2 metropolitan area. (2) by amending the following proviso, ‘‘: Pro- SEC. 2004. Section 501(b) of title V of division vided further, That $37,500,000 in local funds, to SUBCOMMITTEE ON COMMERCE, JUSTICE, AND N of the Consolidated Appropriations Resolu- remain available until expended, shall be depos- STATE, THE JUDICIARY, AND RELATED AGENCIES tion, 2003 is amended— ited in the Medicaid and Special Education Re- DEPARTMENT OF COMMERCE (1) by striking ‘‘program authorized for the form Fund.’’ to read as follows ‘‘: Provided fur- NATIONAL OCEANIC AND ATMOSPHERIC fishery in Sec. 211’’ and inserting ‘‘programs au- ther, That $74,500,000 in local funds may be de- ADMINISTRATION thorized for the fisheries in sections 211 and posited in the Medicaid and Special Education 212’’; and PROCUREMENT, ACQUISITION AND CONSTRUCTION Reform Fund and shall then remain available (2) by striking ‘‘program in section 211’’ and until expended.’’. For an additional amount for ‘‘Procurement, inserting ‘‘programs in sections 211 and 212’’. Acquisition and Construction’’ for satellite pro- PUBLIC WORKS CHAPTER 3 grams, $117,060,000, to remain available until (INCLUDING RESCISSIONS) SUBCOMMITTEE ON DISTRICT OF COLUMBIA September 30, 2004: Provided, That funds pro- For an additional amount for ‘‘Public vided under this heading for the National Polar- DISTRICT OF COLUMBIA FUNDS Works’’, $3,107,000 (including a rescission of orbiting Operational Environmental Satellite GOVERNMENTAL DIRECTION AND SUPPORT $8,311,000 from local funds appropriated under System shall only be made available on a dollar (INCLUDING RESCISSIONS) this heading in the District of Columbia Appro- for dollar matching basis with funds provided Of the funds appropriated under this heading priations Act, 2003 (Public Law 108–7), and an for the same purpose by the Department of De- in the District of Columbia Appropriations Act, additional amount of $11,418,000 from other fense: Provided further, That of the amount 2003 (Public Law 108–7), $9,358,000 are rescinded funds): Provided, That $512,000 from other provided under this heading, $2,460,000 shall be (including $9,261,000 from local funds and funds shall remain available until expended for transferred to, and merged with, funds provided $97,000 from other funds). the taxicab revolving loan fund. under the heading ‘‘International Fisheries ECONOMIC DEVELOPMENT AND REGULATION REPAYMENT OF LOANS AND INTEREST Commissions’’ of Division B of Public Law 108– For an additional amount for ‘‘Economic De- (INCLUDING RESCISSIONS) 7 and shall only be available for the Pacific velopment and Regulation’’, $14,998,000 (includ- Salmon Commission: Provided further, That of Of the funds appropriated under this heading ing $288,000 from local funds and $14,710,000 the amount provided under this heading, in the District of Columbia Appropriations Act, from other funds). $1,000,000 shall be transferred to, and merged 2003 (Public Law 108–7), $2,466,000 are re- with, funds provided under the heading ‘‘Inter- PUBLIC SAFETY AND JUSTICE scinded. national Fisheries Commissions’’ of Division B For an additional amount for ‘‘Public Safety NON-DEPARTMENTAL of Public Law 108–7 and shall only be available and Justice’’ (Public Law 108–7), $10,422,000 (INCLUDING RESCISSIONS) for the Great Lakes Fishery Commission, of from local funds. Of the funds appropriated under this heading which $500,000 shall be used for sea lamprey PUBLIC EDUCATION SYSTEM in the District of Columbia Appropriations Act, control in Lake Champlain: Provided further, (INCLUDING RESCISSIONS) 2003 (Public Law 108–7), $5,799,000 are re- That of the amount made available under this Of the funds appropriated under this heading scinded. heading, $10,000,000 to remain available until in the District of Columbia Appropriations Act, WORKFORCE INVESTMENTS September 30, 2004, shall only be available for 2003 (Public Law 108–7), $11,667,000 are re- (INCLUDING RESCISSIONS) the incorporation of additional technologies for scinded (including a rescission of $13,778,000 Of the funds appropriated under this heading disseminating terrorism warnings within the All from local funds and an additional amount of in the District of Columbia Appropriations Act, Hazards Warning Network. $2,111,000 from other funds), to be allocated as 2003 (Public Law 108–7), $2,000,000 are re- follows: RELATED AGENCIES scinded. (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.— EQUAL EMPLOYMENT OPPORTUNITY COMMISSION An increase of $2,029,000 (including a rescission GENERAL PROVISIONS, THIS CHAPTER SALARIES AND EXPENSES of $29,000 from local funds and an additional SEC. 3001. USE OF THE FUND BALANCE. (a) The For an additional amount for ‘‘Equal Employ- amount of $2,058,000 from other funds); District of Columbia is hereby authorized to ment Opportunity Commission, Salaries and Ex- (2) STATE EDUCATION OFFICE.—A rescission of transfer an amount not to exceed $32,900,000, to penses’’, $23,300,000, of which $5,000,000 shall $181,000 from local funds; remain available until expended, from funds remain available until September 30, 2004. (3) PUBLIC CHARTER SCHOOLS.—Notwith- identified in the fiscal year 2002 comprehensive NATIONAL COMMISSION ON TERRORIST ATTACKS standing any other provision of law, a rescission annual financial report as the District of Co- UPON THE UNITED STATES of $12,000,000 from local funds: Provided, That lumbia’s fund balance to the local general fund of these funds, not less than $3,000,000 shall be SALARIES AND EXPENSES to cover the impact of revenue shortfalls associ- used for providing adequate charter school fa- ated with the war economy: Provided, That For an additional amount for ‘‘National Com- cilities and educational programming in public nothing in this provision shall be deemed as mission on Terrorist Attacks Upon the United charter schools in the District of Columbia; granting the District additional authority to ex- States, Salaries and Expenses’’, $11,000,000, to (4) UNIVERSITY OF THE DISTRICT OF COLUM- pend funds from the emergency or contingency remain available until September 30, 2004. BIA.—A rescission of $1,040,000 from local funds; reserves established under section 450A of the GENERAL PROVISIONS, THIS CHAPTER (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR- District of Columbia Home Rule Act (Public Law SEC. 2001. (a) Of the funds made available in IES.—A rescission of $221,000 (including a rescis- 93–198; D.C. Official Code, sec. 1–204.50a(b)). Title I of Division B of Public Law 108–7, under sion of $273,000 from local funds and an addi- SEC. 3002. EXTENSION OF CHIEF FINANCIAL OF- the heading ‘‘Juvenile Justice Programs’’, for tional amount of $53,000 from other funds); and FICER’S AUTHORITY. The authority which the Family Ties Supervised Visitation Services in (6) COMMISSION ON THE ARTS AND HUMAN- Chief Financial Officer of the District of Colum- Wakefield, Rhode Island, $100,000 are rescinded. ITIES.—A rescission of $255,000 from local funds. bia exercised with respect to personnel, procure- (b) For an additional amount in Title I of Di- HUMAN SUPPORT SERVICES ment, and the preparation of fiscal impact state- vision B of Public Law 108–7, under the heading (INCLUDING RESCISSIONS) ments during a control period (as defined in ‘‘Juvenile Justice Programs’’, $529,000, which For an additional amount for ‘‘Human Sup- Public Law 104–8) shall remain in effect through shall only be available for law enforcement costs port Services’’, $28,278,000 (including an addi- September 30, 2004. S4990 CONGRESSIONAL RECORD — SENATE April 8, 2003 CHAPTER 4 (5) by inserting after ‘‘a study regarding deliv- (3) the provision specifying $500,000 for the St. SUBCOMMITTEE ON INTERIOR AND RELATED ery of pediatric health care in northeastern Louis Children’s Museum, MO, for a collabo- AGENCIES Oklahoma,’’ ‘‘$225,000 is available for the Men- rative project with the St. Louis Public Library DEPARTMENT OF THE INTERIOR tal Health Association of Tarrant County, Ft. to create interactive exhibits and educational Worth, Texas to provide school-based mental programs shall be deleted; UNITED STATES FISH AND WILDLIFE SERVICE health education to schools in Tarrant County, (4) the provision specifying $200,000 for the STATE AND TRIBAL WILDLIFE GRANTS $200,000 is available for the AIDS Research In- Harford County Board of Education in Aber- Division F of Public Law 108–7 is hereby stitute at the University of California, San deen, MD, for a collaboration between a science amended under the heading ‘‘United States Fish Francisco for a Developing Country Medical and technology high school and the Aberdeen and Wildlife Service, State and Tribal Wildlife Program to facilitate clinician exchange be- Proving Ground shall be deemed to read as fol- Grants’’ by striking ‘‘$3,000,000’’ and inserting tween the United States and developing coun- lows: ‘‘Harford County Board of Education in ‘‘$5,000,000’’. tries, $1,000,000 is available for the Geisinger Aberdeen, MD, for a collaboration between a NATIONAL PARK SERVICE Health System, Harrisburg, PA to establish cen- science and technology high school and the Ab- erdeen Proving Ground, $700,000’’; OPERATION OF THE NATIONAL PARK SYSTEM ters of excellence for the treatment of autism’’. (5) the provision specifying $25,000 for the Division F of Public Law 108–7 is hereby OFFICE OF THE SECRETARY Boys and Girls Club of El Dorado, Arkansas, for amended under the heading ‘‘National Park PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY drug prevention and after school programs shall Service, Operation of the National Park Sys- FUND be deemed to read as follows: ‘‘Boys and Girls tem’’ by striking ‘‘$1,565,565,000’’ and inserting The matter under the heading ‘‘Office of the Club, Southeast Unit, El Dorado, Arkansas, for ‘‘$1,574,565,000’’. Secretary, Public Health and Social Services drug prevention and after school programs, Emergency Fund’’, in Public Law 108–7 is BUREAU OF INDIAN AFFAIRS $25,000’’; amended by striking ‘‘, to remain available until CONSTRUCTION (6) the provision specifying $100,000 for the expended’’ after the ‘‘$5,000,000’’. Within thirty days of enactment of this Act, American Academy of Liberal Education, Wash- GENERAL PROVISION the Secretary of the Interior shall make avail- ington, D.C., to develop projects and survey best able for obligation funds previously appro- INTERNATIONAL HEALTH ACTIVITIES practices in the study of American democracy priated in Public Law 107–63 for construction of (a) In addition to the authority provided in and principles of free government at colleges the Ojibwa Indian School. section 215 of the Departments of Labor, Health and universities shall be deleted; and Human Services, and Education, and Re- RELATED AGENCY (7) the provision specifying $400,000 for the lated Agencies Appropriations Act, 2003 (Public Milwaukee Public Schools, Wisconsin, to ex- GENERAL PROVISION Law 108–7, Division G), in order for the Centers pand before- and after-school programs shall be Section 328 of Division F, Public Law 108–7 is for Disease Control and Prevention to carry out deemed to read: ‘‘Milwaukee Public Schools, amended by striking the phrase ‘‘under the au- international health activities, including HIV/ WI, for before- and after-school programs, thority of Section 504 of the Rescissions Act of AIDS and other infectious disease, chronic and $400,000’’; 1995 (Public Law 104–19)’’ in the proviso. environmental disease, and other health activi- (8) the provision specifying $200,000 for Tensas Not later than 60 days after the date of the ties abroad during fiscal year 2003, the Sec- Reunion, Inc., Newellton, LA, for instructional enactment of this Act, the Secretary of the Inte- retary of Health and Human Services may exer- technology training, and after school programs rior shall provide a report to the Committees on cise authority equivalent to that available to the at the Tensas Charter School shall be deemed to Energy and Natural Resources and Appropria- Secretary of State in section 2(c) of the State read: ‘‘Tensas Reunion, Inc., Newellton, LA, for tions of the Senate and the Committees on Re- Department Basic Authorities Act of 1956 (22 the TREES Project in Tensas Parish, including sources and Appropriations of the House of Rep- U.S.C. 2669(c)). activities such as the purchase of computers and resentatives detailing the Secretary’s intent re- (b) The Secretary of Health and Human Serv- educational software, tutoring, and workshops garding the direct sale of 983 acres in Clark ices shall consult with the Secretary of State to promote parental involvement, $200,000’’; County, Nevada, known as Lake Las Vegas and relevant Chief of Mission to ensure that the (9) the provision specifying $250,000 for Com- Phase II. authority provided in this section is exercised in munity School District 8, Flushing, NY, for CHAPTER 5 a manner consistent with section 207 of the For- after-school programs shall be deemed to read: SUBCOMMITTEE ON LABOR, HEALTH AND HUMAN eign Service Act of 1980 (22 U.S.C. 3927) and ‘‘Community School District 8, Bronx, NY, for SERVICES, AND EDUCATION, AND RELATED other applicable statutes administered by the after-school programs, $250,000’’; (10) the provision specifying $20,000 for AGENCIES Department of State. Westside High School, Bakersfield, California, DEPARTMENT OF LABOR DEPARTMENT OF EDUCATION SCHOOL IMPROVEMENT PROGRAMS for equipment shall be deemed to read: ‘‘West EMPLOYMENT AND TRAINING ADMINISTRATION The matter under the heading ‘‘Department of High School, Bakersfield, California, for equip- TRAINING AND EMPLOYMENT SERVICES Education, School Improvement Programs’’, in ment, $20,000’’; (11) the provision specifying $1,000,000 for the For an additional amount for the Employment Public Law 108–7 is amended— and Training Administration, ‘‘Training and (1) by striking ‘‘$8,052,957,000’’ and inserting National Science Center Foundation, Atlanta, Employment Services’’ to carry out activities au- ‘‘$8,053,507,000’’; Georgia, for educational technology and other thorized under section 171(b) of the Workforce (2) by striking ‘‘$508,100,000’’ and inserting purposes shall be deemed to read: ‘‘National Investment Act, $1,000,000: Provided, That such ‘‘$537,100,000’’; Science Center Foundation, Augusta, Georgia, sum shall be for the Jobs for America’s Grad- (3) by striking ‘‘$4,132,167,000’’ and inserting for educational technology and other purposes, uates (JAG) school-to-work program for at-risk ‘‘$4,233,167,000’’; $1,000,000’’; young people. (4) by striking ‘‘$814,660,000’’ and inserting (12) the provision specifying $200,000 for the Golden Gate National Parks Association, San DEPARTMENT OF HEALTH AND HUMAN ‘‘$815,210,000’’; and, Francisco, CA, for environmental education pro- SERVICES (5) by striking ‘‘$212,160,000’’ and inserting ‘‘$212,710,000’’. grams at the Crissy Field Center shall be deemed HEALTH RESOURCES AND SERVICES In the statement of the managers of the com- to read: ‘‘Golden Gate National Parks Conser- ADMINISTRATION mittee of conference accompanying H.J. Res. 2 vancy, San Francisco, CA, for environmental HEALTH RESOURCES AND SERVICES (Public Law 108–7; House Report 108–10), in the education programs at the Crissy Field Center, The matter under the heading ‘‘Department of matter in title III of Division G, relating to the $200,000’’ and a provision shall be added that Health and Human Services, Health Resources Fund for the Improvement of Education under reads: ‘‘Beresford Community Education in and Services Administration, Health Resources the heading ‘‘School Improvement Programs’’— Beresford, SD to expand community education and Services’’, in Public Law 108–7 is amend- (1) the provision specifying $150,000 for Illi- programs, $150,000’’; ed— nois State Board of Education, Springfield, Illi- (13) the provision specifying $100,000 for the (1) by striking ‘‘Heart Beat, New Bloomfield, nois, for computers, hardware and software for University of South Florida, Tampa, FL, for the PA,’’ and inserting ‘‘Heart Beat, Millerstown, the implementation of Fast ForWord reading Tampa Bay Consortium for the Development of PA,’’ in lieu thereof; program to the Pleasant Plains Community Unit Educational Leaders and the Preparation and (2) by striking ‘‘Tressler Lutheran Services, District #8 and Pleasant Plain Illinois District Recruitment of Teachers shall be deemed to Harrisburg, PA, for abstinence education and #18 shall be deemed to read as follows: ‘‘Illinois read: ‘‘University of South Florida, Tampa, FL, related services’’ and inserting ‘‘DIAKON Lu- State Board of Education, Springfield, Illinois, for the Tampa Bay Consortium for the Develop- theran Social Ministries, Allentown, PA, for ab- for implementation of Fast ForWord reading ment of Educational Leaders, $100,000’’; stinence education and related services in Cum- program to the Pleasant Plains Community Unit (14) the provision specifying $25,000 for the berland and Dauphin counties’’ in lieu thereof; District #8 and for improving mathematics Meredith-Dunn Learning Disabilities Center, (3) by striking ‘‘Community Ministries of the achievement in Peoria School District #150 and Inc., Louisville, Kentucky for technology shall Lutheran Home at Topton, Reading, PA, for ab- Jacksonville School District #117, $150,000’’; be deemed to read as follows: ‘‘Meredith-Dunn stinence education and related services’’ and in- (2) the provision specifying $2,000,000 for Learning Disabilities Center, Inc., Louisville, serting ‘‘DIAKON Lutheran Social Ministries of Pinellas County Florida School District, St. Pe- Kentucky for school counseling services, Allentown, PA, for abstinence education and re- tersburg, Florida, for technology for Title I $25,000’’; lated services in Berks county’’ in lieu thereof; schools shall be deemed to read as follows: ‘‘St. (15) the provision specifying $40,000 for the (4) by striking ‘‘$298,153,000’’ and inserting Petersburg College, St. Petersburg, Florida, for Father Maloney’s Boys Haven, Louisville, Ken- ‘‘$296,638,000’’ in the first proviso; and the Pinellas County EpiCenter, $2,000,000’’; tucky for technology shall be deemed to read as April 8, 2003 CONGRESSIONAL RECORD — SENATE S4991 follows: ‘‘Father Maloney’s Boys Haven, Louis- CHAPTER 6 lations related to the obligation and expenditure ville, Kentucky for an educational program, SUBCOMMITTEE ON LEGISLATIVE BRANCH of funds made available in this, or any other $40,000’’; CAPITOL POLICE Act’’ and strike out in the eleventh proviso (16) the provision specifying $50,000 for the ‘‘and all other statutes and regulations gov- Joel II Restoration Ministries for education pro- TRANSFER OF LIBRARY OF CONGRESS POLICE. erning the obligation and expenditure of funds grams shall be deemed to read as follows: ‘‘Joel Section 1015(a)(3) of the Legislative Branch Ap- made available in this or any other Act’’. propriations Act, 2003, is amended by inserting II Restoration Outreach, Inc. for education pro- INDEPENDENT AGENCIES grams, $50,000’’; and ‘‘, or, if earlier, on February 20, 2005’’ before the CORPORATION FOR NATIONAL AND COMMUNITY (17) the provision specifying $1,500,000 for the period. SERVICE City of Upland, California, for after school pro- CHAPTER 7 grams shall be deemed to read as follows: SUBCOMMITTEE ON TRANSPORTATION, TREASURY NATIONAL AND COMMUNITY SERVICE PROGRAMS ‘‘YMCA of the City of Upland, California, for AND GENERAL GOVERNMENT OPERATING EXPENSES after-school activities, $1,500,000’’. DEPARTMENT OF TRANSPORTATION To liquidate obligations previously incurred HIGHER EDUCATION by the Corporation for National and Community (a) Section 336 of Division I of Public Law Service (‘‘Corporation’’), up to $64,000,000 is The matter under the heading ‘‘Higher Edu- 108–7 is amended by striking ‘‘transportation provided to the National Service Trust: Pro- cation’’, in Public Law 108–7 is amended— management’’ and inserting in lieu thereof ‘‘ur- vided, That the Corporation may use these (1) by striking ‘‘$2,100,701,000’’ and inserting banized’’. funds only to liquidate the deficiency that it has ‘‘$2,100,151,000’’; and, (b) Section 321 of Division I of Public Law already incurred and that these funds are not (2) by striking ‘‘$140,599,000’’ and inserting 108–7 is amended by— available for obligation, or to liquidate obliga- ‘‘$140,049,000’’. (1) inserting ‘‘or underneath’’ in subsection tions, for any other purpose whatsoever: Pro- In the statement of the managers of the com- (q)(2) before ‘‘the Class B airspace’’; vided further, That the Corporation may not use mittee of conference accompanying H.J. Res. 2 (2) deleting ‘‘has sufficient capacity and’’ in these funds unless and until it reports these (Public Law 108–7; House Report 108–10), in the subsection (q)(3) after ‘‘Title 49’’; and overobligations to the Congress and the Presi- matter in title III of Division G, relating to the (3) inserting ‘‘passenger’’ in subsection (q)(3) dent in accordance with the requirements of the Fund for the Improvement of Postsecondary before ‘‘delays’’. Antideficiency Act and the guidance of the Of- Education under the heading ‘‘Higher Edu- GENERAL PROVISIONS, THIS CHAPTER fice of Management and Budget in OMB Cir- cation’’— SEC. 701. It is the sense of the Senate that— cular A–11 (2002): Provided further, That the (1) the second reference to the provision speci- (1) the asset acquisition of Trans World Air- second proviso under the heading ‘‘Corporation fying $1,000,000 for the University of Massachu- lines by American Airlines was a positive action for National and Community Service’’ in Public setts-Boston to purchase research equipment that should be commended; Law 108–7 is deemed to be amended by inserting and technology infrastructure shall be deleted; (2) although the acquisition was a positive ac- after ‘‘section 501(a)(4)’’ the following: ‘‘with (2) the provision specifying $500,000 for Har- tion, the combination of the 2 airlines has re- not less than $2,500,000 for the Office of the ford County Public Schools, Bel Air, MD, for sulted in a difficult seniority integration for the Chief Financial Officer to enact financial re- support of a math and science magnet school majority of the employee groups involved; form in the Corporation, without regard to the program at Aberdeen High School shall be de- (3) airline layoffs from American Airlines provisions of section 501(a)(4)(B) of the Act’’. leted and a provision shall be added that reads: should be conducted in a manner that maintains NATIONAL SCIENCE FOUNDATION ‘‘American Academy of Liberal Education, the maximum level of fairness and equitable Washington, D.C., to develop projects and sur- treatment for all parties involved; and RESEARCH AND RELATED ACTIVITIES vey best practices in the study of American de- (4) American Airlines should encourage its em- The first sentence under this heading in Pub- mocracy and principles of free government at ployee groups to integrate all employees in a lic Law 108–7 is amended by striking colleges and universities, $100,000’’; manner that is fair and equitable for all parties ‘‘$320,000,000’’ and inserting in lieu thereof: (3) the provision specifying $100,000 for Slip- involved. ‘‘$330,000,000’’. pery Rock University, Slippery Rock, PA, for SEC. 702. No provision of this Act may be con- ENVIRONMENTAL PROTECTION AGENCY Knowledge Pointe at Cranberry Woods, as part strued as altering or amending the force or ef- ADMINISTRATIVE PROVISION of an initiative to provide life-long educational fect of any of the following provisions of law as services to Pittsburgh’s regional industry and Within 30 days of enactment of this Act, the currently applied: Administrator of the Environmental Protection community residents shall be deemed to read as (1) Sections 2631 and 2631a of title 10, United Agency shall adjust each ‘‘maximum annual fee follows: ‘‘Regional Learning Alliance, Marshall States Code. payable’’ pursuant to 7 U.S.C. 136a–1(i)(5) (D) Township in Allegheny County, PA, as part of (2) Sections 901(b) and 901b of the Merchant and (E) in a manner such that Maintenance Fee an initiative to provide life-long educational Marine Act, 1936 (46 U.S.C. App. 1241(b), 1241f). collections made to reach the level authorized in services to Pittsburgh’s regional industry and (3) Public Resolution Numbered 17, Seventy- division K of Public Law 108–7 shall be estab- community residents, $200,000’’; third Congress (48 Stat. 500). lished in the same proportion as those Mainte- (4) the provision specifying $150,000 for (4) Any other similar provision of law requir- nance Fee collections authorized in Public Law Beresford Community Education in Beresford, ing the use of privately owned United States 107–73. SD to expand community education programs flag commercial vessels for certain transpor- shall be deleted; tation purposes of the United States. GENERAL PROVISIONS, THIS TITLE (5) the provision specifying $100,000 for Slip- CHAPTER 8 SEC. 201. The Secretary of the Army, acting pery Rock University, Slippery Rock, Pennsyl- through the Chief of Engineers, shall use SUBCOMMITTEE ON VETERANS AFFAIRS AND vania, for the North Hill Educational Alliance $3,300,000 of funds available under the Con- HOUSING AND URBAN DEVELOPMENT AND INDE- shall be deleted; and struction, General appropriation, Corps of Engi- PENDENT AGENCIES (6) the provision specifying $250,000 to the Na- neers, Civil, to continue dam safety and seepage tional Aviary Conservation Education Tech- DEPARTMENT OF HOUSING AND URBAN stability correction measures for the Waterbury nology Integration in Pittsburgh shall be DEVELOPMENT Dam, Vermont project. deemed to read as follows: ‘‘National Aviary COMMUNITY DEVELOPMENT FUND TITLE III—COLUMBIA ORBITER Conservation Education Technology Integration The referenced statements of managers under MEMORIAL ACT in Pittsburgh, for the Remote Audio-Visual En- the heading ‘‘Community development fund’’ in SEC. 301. SHORT TITLE. gagement Network (RAVEN) project, $250,000’’. title II of Public Law 108–7 under grant No. 26 This title may be cited as the ‘‘Columbia Or- DEPARTMENT OF EDUCATION under the Neighborhoods Initiative program is biter Memorial Act’’. GENERAL PROVISION amended by striking ‘‘Glendale, Montana’’ and inserting in lieu thereof ‘‘Gendive, Montana’’. SEC. 302. CONSTRUCTION OF MEMORIAL TO Section 1707(3) of the Elementary and Sec- The referenced statements of managers under CREW OF COLUMBIA ORBITER AT AR- LINGTON NATIONAL CEMETERY. ondary Education Act of 1965 (20 U.S.C. 6537(3)) the heading ‘‘Community development fund’’ in (a) CONSTRUCTION REQUIRED.—The Secretary is amended by striking ‘‘17’’ and inserting ‘‘19’’. title II of Public Law 106–377 is amended by of the Army shall, in consultation with the Ad- RELATED AGENCIES striking ‘‘$200,000 for Light of Life Ministries in ministrator of the National Aeronautics and Allegheny County, Pennsylvania for infrastruc- CORPORATION FOR NATIONAL AND COMMUNITY Space Administration, construct at an appro- ture improvements at the Serenity Village home- SERVICE priate place in Arlington National Cemetery, less programs’’ and inserting in lieu thereof DOMESTIC VOLUNTEER SERVICE PROGRAMS, Virginia, a memorial marker honoring the seven ‘‘$200,000 for Light of Life Ministries in Alle- OPERATING EXPENSES members of the crew of the Columbia Orbiter gheny County, Pennsylvania for renovation and The matter under the heading ‘‘Corporation who died on February 1, 2003, over the State of infrastructure improvements for a homeless serv- for National and Community Service, Domestic Texas during the landing of space shuttle mis- ice center on Penn Avenue in Pittsburgh’’. Volunteer Service Programs, Operating Ex- sion STS–107. penses’’, in Public Law 108–7 is amended by in- MANAGEMENT AND ADMINISTRATION (b) AVAILABILITY OF FUNDS.—Of the amount serting ‘‘for activities authorized by section 122 SALARIES AND EXPENSES appropriated or otherwise made available by of Part C of Title I and Part E of Title II of the Under the heading ‘‘Salaries and expenses’’ in title II of the Department of Defense Appropria- Domestic Volunteer Service Act of 1973’’ after title II of Public Law 108–7, strike out in the tions Act, 2003 (Public Law 107–248) under the ‘‘in this Act’’. eighth proviso ‘‘and all other statutes and regu- heading ‘‘OPERATION AND MAINTENANCE, S4992 CONGRESSIONAL RECORD — SENATE April 8, 2003

ARMY’’, $500,000 shall be available for the con- the costs to be reimbursed to all such air carriers EMPLOYMENT COMMENCED AFTER FISCAL YEAR struction of the memorial marker required by for 2002 exceeds $600,000,000, the amount of the 2002.—For the purpose of applying subsection subsection (a). reimbursement to each such carrier shall be an (a)(1) to an executive officer— SEC. 303. DONATIONS FOR MEMORIAL FOR CREW amount that bears the same ratio to $600,000,000 (1) who was employed by an air carrier for OF COLUMBIA ORBITER. as the reimbursable cost of that carrier bears to less than 12 months during the air carrier’s fis- (a) AUTHORITY TO ACCEPT DONATIONS.—The the sum of the reimbursable costs of all such cal year 2002, or whose employment began after Administrator of the National Aeronautics and carriers for that year, and if the sum of the the last day of the last fiscal year of such air Space Administration may accept gifts and do- costs to be reimbursed to all such air carriers for carrier ending before the date of enactment of nations of services, money, and property (in- 2003 exceeds $400,000,000, the amount of the re- this Act— cluding personal, tangible, or intangible prop- imbursement to each such carrier shall be an (A) the salary paid to that executive officer in erty) for the purpose of an appropriate memorial amount that bears the same ratio to $400,000,000 that air carrier’s fiscal year 2002, or in the next or monument to the seven members of the crew as the reimbursable cost of that carrier bears to fiscal year of that air carrier (if such next fiscal of the Columbia Orbiter who died on February the sum of the reimbursable costs of all such year began before the date of enactment of this 1, 2003, over the State of Texas during the land- carriers for that year. Act), respectively, shall be determined as an an- ing of space shuttle mission STS–107, whether SEC. 403. ADDITIONAL AMOUNT FOR COCKPIT nual rate of pay; such memorial or monument is constructed by DOOR REIMBURSEMENT. (B) that annual rate of pay shall be treated as the Administrator or is the memorial marker re- In addition to amounts appropriated under if it were the annual salary paid to that execu- quired by section 302. the preceding section, there are appropriated to tive officer during that air carrier’s fiscal year (b) TRANSFER.—(1) The Administrator may the Secretary of Transportation $100,000,000, to 2002; and transfer to the Secretary of the Army any serv- remain available until expended, to compensate (C) that executive officer shall be deemed to ices, money, or property accepted by the Admin- air carriers for the direct costs associated with have been employed during that fiscal year; and istrator under subsection (a) for the purpose of the strengthening of flight deck doors and locks (2) whose employment begins after the date of the construction of the memorial marker re- on aircraft required by section 104(a)(1)(B) of enactment of this Act— (A) the annual salary at which that executive quired by section 302. the Aviation and Transportation Security Act. (2) Any moneys transferred to the Secretary officer is first employed by an air carrier may SEC. 404. AIRPORT SECURITY EXPENSES AND IN- not exceed the maximum salary paid to any ex- under paragraph (1) shall be merged with VESTMENT. ecutive officer by that air carrier during that air amounts in the account referred to in subsection There are appropriated to the Secretary of carrier’s fiscal year 2002 with the same or simi- (b) of section 302, and shall be available for the Transportation $375,000,000, to remain available lar responsibilities; purpose referred to in that subsection. until expended, to be made available, after con- (c) EXPIRATION OF AUTHORITY.—The author- (B) that salary shall be treated as if it were sultation with the Secretary of Homeland Secu- the annual salary paid to the executive officer ity of the Administrator to accept gifts and do- rity, to airports for operating expenses and cap- nations under subsection (a) shall expire five during that air carrier’s fiscal year 2002; and ital investment related to improvements in avia- (C) the executive officer shall be deemed to years after the date of the enactment of this tion security: Provided, That the amounts made Act. have been employed by that air carrier during available for capital expenses shall be made that air carrier’s fiscal year 2002. TITLE IV—AVIATION INDUSTRY RELIEF available to airport sponsors, as such term is (c) AUDIT AUTHORITY.—The Comptroller Gen- PROVISIONS used in chapter 471 of title 49, United States eral, or any of the Comptroller General’s duly SEC. 401. TEMPORARY SUSPENSION OF SECURITY Code, on such terms and conditions, and pursu- authorized representatives, shall have access for SERVICE FEES. ant to such applications, similar to the terms, the purpose of audit and examination to any The Undersecretary of Homeland Security for conditions, and applications applicable to books, accounts, documents, papers, and records Border and Transportation Security shall not amounts made available under that chapter. of such air carriers that relate to the informa- impose the fees authorized by section 44940(a) of SEC. 405. EXTENSION OF WAR RISK INSURANCE tion required to implement subsection (a). The title 49, United States Code, during the period AUTHORITY. Comptroller General shall transmit a report of beginning on April 1, 2003, and ending on Sep- (a) EXTENSION OF POLICIES.—Section any investigation conducted under this sub- tember 30, 2003. 44302(f)(1) of title 49, United States Code, is section to the Senate Committee on Appropria- SEC. 402. REIMBURSEMENT OF AIRLINES FOR amended by striking ‘‘2003,’’ each place it ap- tions, the Senate Committee on Commerce, CERTAIN INCREASED SECURITY pears and inserting ‘‘2004,’’. Science, and Transportation, the House of Rep- COSTS. (b) EXTENSION OF LIABILITY LIMITATION.— resentatives Committee on Appropriations, and There are appropriated to the Secretary of Section 44303(b) of such title is amended by the House of Representatives Committee on Transportation for fiscal year 2003 striking ‘‘2003,’’ and inserting ‘‘2004,’’. Transportation and Infrastructure, together $1,000,000,000, such sums to remain available (c) EXTENSION OF AUTHORITY.—Section 44310 with a certification as to whether the Comp- until expended, $600,000,000 of which shall be of such title is amended by striking ‘‘2003.’’ and troller General has had access to sufficient in- used to reimburse each air carrier engaged in air inserting ‘‘2004.’’. formation to make informed judgments on the transportation and intrastate air transportation SEC. 406. LIMIT ON EXECUTIVE COMPENSATION matters covered by the report. of passengers for compensation (as such terms REQUIRED FOR EXTENDED WAR (d) DEFINITIONS.—In this section: are used in subtitle VII of title 49, United States RISK INSURANCE COVERAGE. (1) EXECUTIVE OFFICER.—The term ‘‘executive Code) for the amount by which the costs in- (a) IN GENERAL.—Notwithstanding any provi- officer’’ means a named executive officer (as curred by such air carrier during calendar year sion of law to the contrary, the Secretary of that term is used in section 402(a)(3) of Regula- 2002 in complying with aviation security re- Transportation may not provide insurance or re- tion S-K promulgated by the Securities and Ex- quirements imposed by Federal law, including insurance under chapter 443 of title 49, United change Commission under the Securities Ex- requirements imposed by the Transportation Se- States Code, after August 31, 2003, and before change Act of 1934 (17 C.F.R. 229.402(a)(3))). curity Administration, exceeded the aviation se- January 1, 2005, to an air carrier operating air- (2) TOTAL COMPENSATION.—The term ‘‘total curity costs the carrier would have incurred craft for the transportation of passengers for compensation’’ has the meaning given that term during that year in the absence of those require- compensation unless that air carrier executes a by section 104(b) of the Air Transportation Safe- ments, and $400,000,000 of which shall be used to contract with the Secretary under which the air ty and System Stabilization Act (49 U.S.C. 40101 reimburse each such air carrier for the amount carrier agrees that— note), but does not include amounts paid, under by which the costs incurred by the air carrier (1) it will not provide total compensation dur- a contract, retirement plan, or other legally during calendar year 2003 exceeded the aviation ing the 12-month period beginning on April 1, binding arrangement in effect on March 26, security costs the carrier would have incurred 2003, or the subsequent 12-month period, to an 2003, to an executive officer on account of that during that year in the absence of those require- executive officer in an amount equal to more executive’s retirement or termination of employ- ments, such costs to be determined by studies than the annual salary paid to that officer dur- ment. conducted by the air carriers in accordance with ing the air carrier’s fiscal year 2002; and SEC. 407. GAO REPORT ON AIRLINES ACTIONS TO guidelines to be developed, within 30 days after (2) if the air carrier violates its agreement IMPROVE FINANCES AND ON EXECU- the date of enactment of this Act, by the Under- under paragraph (1), it will pay to the Secretary TIVE COMPENSATION. secretary of Homeland Security for Border and of the Treasury, within 60 days after the date (a) FINDING.—The Congress finds that the Transportation Security in consultation with on which the violation occurs, an amount, de- United States government has by law provided the Secretary of Transportation, describing in termined by the Secretary of Transportation, substantial financial assistance to United States detail, by function, amount, and class (includ- equal to the difference between— commercial airlines in the form of war risk in- ing operating expenses, capital expenditures, (A) the amount it paid for insurance provided surance and reinsurance and other economic and one time and recurring costs), the costs for or reinsured under chapter 443 of such title for benefits and has imposed substantial economic which reimbursement is sought: Provided, That the 12-month period in which the violation oc- and regulatory burdens on those airlines. In the Inspector General of the Department of curred; and order to determine the economic viability of the Transportation certifies the guidelines as being (B) the amount it would have paid for the domestic commercial airline industry and to appropriate to determine such costs: Provided same or similar insurance coverage for that pe- evaluate the need for additional measures or the further, That the Inspector General certifies as riod if the insurance had not been provided or modification of existing laws, the Congress complete and accurate all claims submitted by reinsured under that chapter. needs more frequent information and independ- an air carrier for reimbursement under this sec- (b) EXECUTIVE OFFICERS EMPLOYED FOR LESS ently verified information about the financial tion, and: Provided further, That if the sum of THAN 12 MONTHS IN FISCAL YEAR 2002 OR WHOSE condition of these airlines. April 8, 2003 CONGRESSIONAL RECORD — SENATE S4993

(b) SEMIANNUAL REPORTS.—The Comptroller (B) as determined by the Secretary, separation tended Unemployment Compensation Act of General shall prepare a semiannual report to from which was due, in whole or in part, to— 2002; but the Congress— (i) reductions in service by an air carrier as a (ii) shall be treated as applying only with re- (1) analyzing measures being taken by air car- result of a terrorist action or security measure; spect to weeks of unemployment beginning on or riers engaged in air transportation and intra- (ii) a closure of an airport in the United after the date of enactment this Act, subject to state air transportation (as such terms are used States as a result of a terrorist action or security subparagraph (B). in subtitle VII of title 49, United States Code) to measure; or (B) SPECIAL RULES.—In the case of an eligible reduce costs and to improve their earnings and (iii) a military conflict with Iraq that has been individual for whom a temporary extended un- profits and balance sheets; and authorized by Congress; employment account was established before the (2) stating— (3) the term ‘‘air carrier’’ means an air carrier date of enactment of this Act, the Temporary (A) the total compensation (as defined in sec- that holds a certificate issued under chapter 411 Extended Unemployment Compensation Act of tion 104(b) of the Air Transportation Safety and of title 49, United States Code; 2002 (as amended by this section) shall be ap- System Stabilization Act (49 U.S.C. 40101 note)) (4) the term ‘‘upstream producer’’ means a plied subject to the following: paid by the air carrier to each officer or em- firm that performs additional, value-added, pro- (i) Any amounts deposited in the individual’s ployee of that air carrier to whom that section duction processes, including firms that perform temporary extended unemployment compensa- applies for the period to which the report re- final assembly, finishing, or packaging of arti- tion account by reason of section 203(c) of such lates; and cles, for another firm; Act (commonly known as ‘‘TEUC–X amounts’’) (B) the terms and value (determined on the (5) the term ‘‘supplier’’ means a firm that pro- before the date of enactment of this Act shall be basis of the closing price of the stock on the last duces component parts for, or articles and con- treated as amounts deposited by reason of sec- business day of the period to which the report tract services considered to be a part of the pro- tion 203(b) of such Act (commonly known as relates) of any stock options awarded to such duction process or services for, another firm; ‘‘TEUC amounts’’), as deemed to have been officer during that period. (6) the term ‘‘Secretary’’ means the Secretary amended by paragraph (3)(A). (c) GAO AUTHORITY.—In order to compile the of Labor; and (ii) For purposes of determining whether the reports required by subsection (b), the Comp- (7) the term ‘‘terrorist action or security meas- individual is eligible for any TEUC–X amounts troller General, or any of the Comptroller Gen- ure’’ means a terrorist attack on the United under such Act, as deemed to be amended by eral’s duly authorized representatives, shall States on September 11, 2001, or a security meas- this subsection— have access for the purpose of audit and exam- ure taken in response to such attack. (I) any determination made under section ination to any books, accounts, documents, pa- (b) ADDITIONAL TEMPORARY EXTENDED UNEM- 203(c) of such Act before the application of the pers, and records of such air carriers that relate PLOYMENT COMPENSATION FOR ELIGIBLE EM- amendment described in paragraph (3)(B) shall to the information required to compile the re- PLOYEES.—In the case of an eligible employee, be disregarded; and ports. The Comptroller General shall submit the Temporary Extended Unemployment Com- (II) any such determination shall instead be with each such report a certification as to pensation Act of 2002 (Public Law 107–147; 116 made by applying section 203(c) of such Act, as whether the Comptroller General has had access Stat. 21), as amended by Public Law 108–1 (117 deemed to be amended by paragraph (3)(B)— to sufficient information to make informed judg- Stat. 3), shall be applied as if it had been (aa) as of the time that all amounts estab- ments on the matters covered by the report. amended in accordance with subsection (c). lished in such account in accordance with sec- (d) REPORTS TO CONGRESS.—The Comptroller (c) MODIFICATIONS.— tion 203(b) of such Act (as deemed to be amend- General shall transmit the compilation of re- (1) IN GENERAL.—For purposes of subsection ed under this subsection, and including any ports required by subsection (c) to Senate Com- (b), the Temporary Extended Unemployment amounts described in clause (i)) are in fact ex- mittee on Appropriations, the Senate Committee Compensation Act of 2002 (Public Law 107–147; hausted, except that on Commerce, Science, and Transportation, the 116 Stat. 21), as amended by Public Law 108–1 (bb) if such individual’s account was both House of Representatives Committee on Appro- (117 Stat. 3), shall be treated as if it had been augmented by and exhausted of all TEUC–X priations, and the House of Representatives amended as provided in this subsection. amounts before the date of enactment of this Committee on Transportation and Infrastruc- (2) PROGRAM EXTENSION.—Deem section 208 of Act, such determination shall be made as if ex- ture. the Temporary Extended Unemployment Com- haustion (as described in section 203(c)(1) of SEC. 408. AIR CARRIERS TO SUBMIT OPER- pensation Act of 2002, as amended by Public such Act) had not occurred until such date of ATIONAL EXPENSE REDUCTION Law 108–1 (117 Stat. 3), to be amended to read enactment. PLANS. as follows: TITLE V—PANEL TO REVIEW SEXUAL MIS- (a) IN GENERAL.—Each air carrier that re- ‘‘SEC. 208. APPLICABILITY. CONDUCT ALLEGATIONS AT UNITED ceives financial assistance under this Act shall ‘‘(a) IN GENERAL.—Subject to subsection (b), STATES AIR FORCE ACADEMY transmit a plan to the Comptroller General an agreement entered into under this title shall SEC. 501. ESTABLISHMENT OF PANEL. within 90 days after the date of enactment of apply to weeks of unemployment— (a) ESTABLISHMENT.—There is established a this Act that, if implemented, will reduce that ‘‘(1) beginning after the date on which such panel to review allegations of sexual misconduct air carrier’s annual operating expenses by an agreement is entered into; and allegations at the United States Air Force Acad- amount equal to the greater of— (1) 10 percent of that carrier’s annual oper- ‘‘(2) ending before December 29, 2003. emy. ‘‘(b) TRANSITION FOR AMOUNT REMAINING IN (b) COMPOSITION.—The panel shall be com- ating expenses determined as of June 15, 2002; or (2) the amount of financial assistance that air ACCOUNT.— posed of seven members, appointed by the Sec- carrier has received or will receive under this ‘‘(1) IN GENERAL.—Subject to paragraph (2), in retary of Defense from among private United Act. the case of an individual who has amounts re- States citizens who have knowledge or expertise (b) OPERATING EXPENSES.—In determining an- maining in an account established under section in matters relating to sexual assault, rape, and nual operating expenses for purposes of this sec- 203 as of December 28, 2003, temporary extended the United States military academies. tion, an air carrier shall compute operating ex- unemployment compensation shall continue to (c) CHAIRMAN.—The Secretary of Defense penses attributable to fuel on the basis of the be payable to such individual from such shall, in consultation with the Chairmen of the average price of such fuel for June 15, 2002. amounts for any week beginning after such date Committees on Armed Services of the Senate and House of Representatives, select the Chairman SEC. 409. ADDITIONAL TEMPORARY EXTENDED for which the individual meets the eligibility re- UNEMPLOYMENT COMPENSATION quirements of this title, including such com- of the panel from among its members under sub- FOR DISPLACED AIRLINE RELATED pensation payable by reason of amounts depos- section (b). WORKERS. ited in such account after such date pursuant to (d) PERIOD OF APPOINTMENT; VACANCIES.— (a) DEFINITIONS.—For purposes of this sec- the application of subsection (c) of such section. Members shall be appointed for the life of the tion— ‘‘(2) LIMITATION.—No compensation shall be panel. Any vacancy in the panel shall be filled (1) the term ‘‘eligible individual’’ means an in- payable by reason of paragraph (1) for any in the same manner as the original appointment. dividual whose eligibility for temporary ex- week beginning after December 26, 2004.’’. (e) MEETINGS.—The panel shall meet at the tended unemployment compensation under the (3) ADDITIONAL WEEKS OF BENEFITS.—Deem call of the Chairman. Temporary Extended Unemployment Compensa- section 203 of the Temporary Extended Unem- (f) INITIAL ORGANIZATION REQUIREMENTS.—(1) tion Act of 2002 (Public Law 107–147; 116 Stat. ployment Compensation Act of 2002, as amended All original appointments to the panel shall be 21), as amended by Public Law 108–1 (117 Stat. by Public Law 108–1 (117 Stat. 3), to be amend- made not later than May 1, 2003. 3), is or would be based on the exhaustion of ed— (2) The Chairman shall convene the first meet- regular compensation, entitlement to which was (A) in subsection (b)(1)— ing of the panel not later than May 2, 2003. based in whole or in part on qualifying employ- (i) in subparagraph (A), by striking ‘‘50’’ and SEC. 502. DUTIES OF PANEL. ment performed during such individual’s base inserting ‘‘150’’; and (a) IN GENERAL.—The panel established under period; (ii) by striking ‘‘13’’ and inserting ‘‘39’’; and section 501(a) shall carry out a study in order to (2) the term ‘‘qualifying employment’’, with (B) in subsection (c)(1), by inserting ‘‘1⁄3 of’’ determine responsibility and accountability for respect to an eligible individual, means employ- after ‘‘equal to’’. the establishment or maintenance of an atmos- ment— (4) EFFECTIVE DATE OF MODIFICATIONS DE- phere at the United States Air Force Academy (A) with an air carrier, employment at a facil- SCRIBED IN PARAGRAPH (3).— that was conducive to sexual misconduct (in- ity at an airport, that involves the provision of (A) IN GENERAL.—The amendments described cluding sexual assaults and rape) at the United transportation to or from an airport, or with an in paragraph (3)— States Air Force Academy. upstream producer or supplier for an air carrier; (i) shall be deemed to have taken effect as if (b) REVIEW.—In carrying out the study re- and included in the enactment of the Temporary Ex- quired by subsection (a), the panel shall— S4994 CONGRESSIONAL RECORD — SENATE April 8, 2003 (1) the actions taken by United States Air such foreign state, as authorized by subsection proceed to the immediate consider- Force academy personnel and other Department (a)(7), for death or personal injury (including ation of S. Res. 110, which was sub- of the Air Force officials in response to allega- economic damages, solatium, pain and suf- mitted earlier today by Senator KYL. tions of sexual assaults at the United States Air fering). The PRESIDING OFFICER. The Force Academy; ‘‘(2) A claim under paragraph (1) shall not be (2) review directives issued by the United barred or precluded by the Algiers Accords.’’. clerk will report the resolution by States Air Force pertaining to sexual misconduct SEC. 607. Section 127b(b) of title 10, United title. at the United States Air Force Academy; States Code, is amended by striking ‘‘$200,000’’ The legislative clerk read as follows: (3) review the effectiveness of the process, pro- and inserting ‘‘$5,000,000’’. A resolution (S. Res. 110) honoring Mary cedures, and policies used at the United States This Act may be cited as the ‘‘Supplemental Jane Jenkins Ogilvie, wife of former Senate Air Force Academy to respond to allegations of Appropriations Act to Support Department of Chaplain, Reverend Dr. Lloyd John Ogilvie. sexual misconduct; Defense Operations in Iraq for Fiscal Year There being no objection, the Senate (4) review the relationship between— 2003’’. proceeded to consider the resolution. (A) the command climate for women at the f United States Air Force Academy, including fac- Mr. BENNETT. I would like to com- tors that may have produced a fear of retribu- EXECUTIVE SESSION ment, Mr. President, about Mary Jane tion for reporting sexual misconduct; and Ogilvie. Many public men are described (B) the circumstances that resulted in sexual in their own right for their own accom- misconduct at the Academy; and EXECUTIVE CALENDAR plishments, and then their wives are (5) review, evaluate, and assess such other referred to casually. matters and materials as the panel considers ap- Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate im- Senator Alan Simpson’s wife, who propriate for the study. took my wife under her wing when we (c) REPORT.—(1) Not later than 90 days after mediately proceed to executive session its first meeting under section 501(f)(2), the to consider the following nominations first came here, described it this way. panel shall submit a report on the study re- on today’s Executive Calendar: Cal- She said: ‘‘We are just LWOs, which quired by subsection (a) to the Secretary of De- endar Nos. 108, 109, 110, 111, 112, 113, 114, means ‘lovely wives of.’ ’’ fense and the Committees on Armed Services of and 115. I further ask unanimous con- Mary Jane Ogilvie was indeed the the Senate and the House of Representatives. sent that the nominations be con- lovely wife of our Chaplain, Lloyd (2) The report shall include— Ogilvie, but she was far, far more than (A) the findings and conclusions of the panel firmed en bloc, the motions to recon- sider be laid upon the table, the Presi- an appendage to her husband. She had as a result of the study; and her own contribution to make to this (B) any recommendations for legislative or ad- dent be immediately notified of the ministrative action that the panel considers ap- Senate’s action, and the Senate then body and to all of the Members in it. Many wives of important men do not propriate in light of the study. return to legislative session. want to have anything to do with their SEC. 503. PERSONNEL MATTERS. The PRESIDING OFFICER. Without husbands’ careers and create areas of (a) PAY OF MEMBERS.—(1) Members of the objection, it is so ordered. their own. They do not have an interest panel established under section 501(a) shall The nominations considered and con- serve without pay by reason of their work on in what their husband does. Mary Jane firmed are as follows: the panel. Ogilvie was an incredibly important (2) Section 1342 of title 31, United States Code, DEPARTMENT OF JUSTICE part of Lloyd Ogilvie’s entire career. shall not apply to the acceptance of services of Raul David Bejarano, of California, to be The two of them were a team, insepa- a member of the panel under this title. United States Marshal for the Southern Dis- rable. Her faith was as strong as his. (b) TRAVEL EXPENSES.—The members of the trict of California for the term of four years. panel shall be allowed travel expenses, includ- Allen Garber, Minnesota, to be United Her dedication to the ministry and to ing per diem in lieu of subsistence, at rates au- States Marshal for the District of Minnesota the Gospel, as they understood it, was thorized for employees of agencies under sub- for the term of four years. as deep as his. And her friendships chapter I of chapter 57 of title 5, United States SECURITIES INVESTOR PROTECTION forged here in the Senate were as Code, while away from their homes or regular CORPORATION strong as his. She was, as I say, an in- places of business in the performance of services tegral part of the ministry he per- for the panel. Noe Hinojosa, Jr., of Texas, to be a Direc- tor of the Securities Investor Protection formed here. TITLE VI—GENERAL PROVISIONS Corporation for a term expiring December 31, When she became too ill to carry on SEC. 601. Section 624 of division B of the Con- 2003. her portion of that ministry, he was solidated Appropriations Resolution, 2003 (Pub- Noe Hinojosa, Jr., of Texas, to be a Direc- unable to carry on his, which was very lic Law 108–7), is amended by inserting before tor of the Securities Investor Protection appropriate, in my view, because they the period at the end: ‘‘and, effective as of Octo- Corporation for a term expiring December 31, ber 1, 2002, by inserting ‘and subject to the pro- were a team. He had his priorities 2006. straight, and he realized that, as im- visions of Public Law 108–8,’ after ‘until ex- Thomas Waters Grant of New York, to be a pended,’ ’’. Director of the Securities Investor Protec- portant as his work here was, his duty SEC. 602. EXTENSION OF ENERGY SAVINGS PER- tion Corporation for a term expiring Decem- to his wife was even greater. FORMANCE CONTRACTING AUTHORITY. Section ber 31, 2005. When it became necessary for her, as 801(c) of the National Energy Conservation Pol- William Robert Timken, Jr., of Ohio, to be she sought to find treatment for her icy Act (42 U.S.C. 8287(c)) is amended by strik- a Director of the Securities Investor Protec- condition, to move to California, there ing ‘‘October 1, 2003’’ and inserting ‘‘December tion Corporation for a term expiring Decem- was never a doubt in Lloyd Ogilvie’s 31, 2004’’. ber 31, 2003. mind that he would move with her. SEC. 603. None of the funds in this Act may be William Robert Timken, Jr., of Ohio, to be They were a team. obligated or expended to pay for transportation a Director of the Securities Investor Protec- described in section 41106 of title 49, United tion Corporation for a term expiring Decem- Some would have said: Well, she is States Code, to be performed by any air carrier ber 31, 2006. hospitalized. I have a career. I will stay that is not effectively controlled by citizens of here. I will call her on weekends or get NATIONAL CONSUMER COOPERATIVE BANK the United States. out there when I can, but I will let her Alfred Plamann, of California, to be a SEC. 604. Section 626 of title VI of division B go forward on her own. Lloyd Ogilvie is of Public Law 108–7 is amended by striking Member of the Board of Directors of the Na- tional Consumer Cooperative Bank for a not that kind of a man, and their mar- ‘‘previously’’. riage was not that kind of a marriage. SEC. 605. Section 7304 of Public Law 107–110 is term of three years. amended by striking ‘‘such as’’ and inserting in f When she needed him, she had him, lieu thereof ‘‘operated by’’. which is a manifestation of the fact LEGISLATIVE SESSION SEC. 606. Section 1605 of title 28, United States that when he needed her, he had her. Code, is amended by adding at the end the fol- The PRESIDING OFFICER. Under So this resolution is but a small lowing new subsection: the previous order, the Senate will re- token of the Senate’s gratitude for the ‘‘(h) CLAIMS FOR MONEY DAMAGES FOR DEATH turn to legislative session. contribution that Mary Jane Ogilvie OR PERSONAL INJURY.—(1) Any United States f made to the lives of all of us. citizen who dies or suffers injury caused by a My wife and I were privileged enough foreign state’s act of torture, extrajudicial kill- HONORING MARY JANE JENKINS to become friends of this team. We ing, aircraft sabotage, or hostage taking com- OGILVIE mitted on or after November 1, 1979, and any went to dinner together. We had con- member of the immediate family of such citizen, Mr. BENNETT. Mr. President, I ask versations about our families. We had shall have a claim for money damages against unanimous consent that the Senate conversations about religion. We had April 8, 2003 CONGRESSIONAL RECORD — SENATE S4995 conversations about the Senate and its The resolution, with its preamble, divided for general debate remaining, spiritual health. As the leader of the reads as follows: with all other provisions of the consent Senate Prayer Breakfast during the S. RES. 110 remaining in order. time that Lloyd Ogilvie was our Chap- Whereas Mary Jane Jenkins Ogilvie, a The PRESIDING OFFICER. Without lain, I got to know both of them ex- friend to the United States Senate who suc- objection, it is so ordered. tremely well. cumbed April 1, 2003, to infirmities that she It is with great sorrow that we note had battled courageously over many years f was— her passage. But as I have said before PROGRAM of others to whom we have had to say (1) petite in size, but grand in character, a good-bye in this fashion, we do not woman with strong independent status, Mr. BENNETT. For the information mourn for Mary Jane. We know where while still being steadfastly supportive of of all Senators, the Senate will be in a her husband during his chaplaincy; Mary Jane is. We know that all is well period of morning business tomorrow (2) an active, vibrant, frank, honest, vig- until 11:30 a.m. Following morning with her. Our sense of loss is for our- orous, and warm friend, especially to many selves and the fact that we have been Senate spouses, during her eight years here; business, the Senate will resume de- deprived now of her company, her spir- (3) a loving wife and mother who, though bate on the CARE Act. When the Sen- it, and the joy of her life. she missed her family in California, was a ate returns to the bill, Senator NICKLES I join with Senator KYL and thank vital partner in her husband’s service to the will offer his amendment related to Senator KYL for this resolution in pay- Senate, near the end of which she returned land sales. The Senate will vote on ing tribute to a woman whose contribu- home to California; both the Nickles amendment and pas- (4) a devout woman, a fighter to the end, tion to the Senate is not reflected in sage of the bill at approximately 12:30 an individual impressive for her style, her tomorrow. the payroll or any official record but is spirit, and her strong faith; and engraved in the hearts of all of us. (5) the center of her family, cherished by Following passage of the CARE Act, Mr. President, I ask unanimous con- her husband Lloyd, her children Heather, the Senate may resume consideration sent that the resolution be agreed to, Scott, and Andrew, and her grandchildren of the nomination of Priscilla Owen. In the preamble be agreed to, and the mo- Erin, Airley, Bonnie, and Scotter: Now, addition to the Owen nomination, the tion to reconsider be laid upon the therefore, be it Senate may consider the PROTECT table; and that any statements relating Resolved, That the Senate— Act conference report, if available, as to this matter be printed in the (1) mourns the loss of Mary Jane Jenkins well as the POW resolution. Therefore, Ogilvie; additional votes are expected. RECORD. (2) recognizes her contributions to the Sen- Mr. REID. Reserving the right to ob- ate family; f ject, Mr. President, I would like to ex- (3) admires her courage and loyalty; and tend, through the Chair, to my friend (4) expresses gratitude that she is now with ADJOURNMENT UNTIL 10 A.M. from Utah the appreciation of the the Lord. TOMORROW whole Senate for the content of the re- SEC. 2. TRANSMISSION OF ENROLLED RESOLU- marks of the Senator from Utah and TION. Mr. BENNETT. If there is no further the manner in which they were deliv- The Secretary of the Senate shall transmit business to come before the Senate, I ered. an enrolled copy of this resolution to the ask unanimous consent that the Sen- Those of us who know Lloyd Ogilvie family of Mary Jane Jenkins Ogilvie. ate stand in adjournment under the certainly have great respect for him. I f previous order. There being no objection, the Senate, told him personally. My first knowl- ORDERS FOR WEDNESDAY, APRIL at 6:44 p.m., adjourned until Wednes- edge of his presence was when I at- 9, 2003 tended the funeral of the late departed day, April 9, 2003, at 10 a.m. Mr. BENNETT. Mr. President, I ask Senator from Georgia, Mr. Coverdell. unanimous consent that when the Sen- f He did such a remarkable job at that ate completes its business today, it funeral. Even though I had seen him CONFIRMATIONS stand in adjournment until 10 a.m., here and listened to him give prayers Wednesday, April 9. I further ask unan- Executive nominations confirmed by many times, that was the first time I imous consent that following the pray- the Senate April 8, 2003: had really felt his presence. SECURITIES INVESTOR PROTECTION I did not know his wife Mary Jane er and the pledge, the morning hour be CORPORATION well. I had met her, but that was all. It deemed expired, the Journal of pro- was good to hear from the Senator ceedings be approved to date, the time NOE HINOJOSA, JR., OF TEXAS TO BE A DIRECTOR OF for the two leaders be reserved for their THE SECURITIES INVESTOR PROTECTION CORPORATION. from Utah about his knowledge of THOMAS WATERS GRANT, OF NEW YORK, TO BE A DI- Mary Jane Ogilvie, who Reverend use later in the day, and there then be RECTOR OF THE SECURITIES INVESTOR PROTECTION a period of morning business until 11:30 CORPORATION. Ogilvie talked to me about many WILLIAM ROBERT TIMKEN, JR., OF OHIO, TO BE A DI- a.m., with the first 30 minutes equally RECTOR OF THE SECURITIES INVESTOR PROTECTION times, as every morning we were here CORPORATION. divided between Senator HUTCHISON together. NATIONAL CONSUMER COOPERATIVE BANK So I think the remarks of the Sen- and the minority leader or their des- ignees and the remaining time, until ALFRED PLAMANN, OF CALIFORNIA, TO BE A MEMBER ator from Utah were timely. And I, on OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- behalf of the whole Senate, extend my 11:30, equally divided between the two SUMER COOPERATIVE BANK FOR A TERM OF THREE leaders or their designees; provided fur- YEARS. appreciation to the Senator from Utah. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Mr. BENNETT. Mr. President, I ther that during the Republican-con- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- thank the Senator from Nevada for his trolled time, Senator DOLE be recog- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY nized for up to 15 minutes and Senator CONSTITUTED COMMITTEE OF THE SENATE. kind comments. DEPARTMENT OF JUSTICE The PRESIDING OFFICER. Without KYL be recognized for up to 15 minutes. Finally, I ask unanimous consent RAUL DAVID BEJARANO, OF CALIFORNIA, TO BE objection, it is so ordered. UNITED STATES MARSHAL FOR THE SOUTHERN DIS- The resolution (S. Res. 110) was that at 11:30 a.m., the Senate return to TRICT OF CALIFORNIA FOR THE TERM OF FOUR YEARS. consideration of S. 476, the CARE Act, ALLEN GARBEN, OF MINNESOTA, TO BE UNITED agreed to. STATES MARSHAL FOR THE DISTRICT OF MINNESOTA The preamble was agreed to. and there then be 30 minutes equally FOR THE TERM OF FOUR YEARS. April 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E699 EXTENSIONS OF REMARKS

TRIBUTE TO CAPTAIN LASZLO American spy. Captain Ocskay’s position in an Worcester County’s children and for instilling OCSKAY American oil company’s Budapest office and in them the importance of serving their com- his ties with Wallenberg and others who the munity. I am confident that the entire U.S. HON. MAURICE D. HINCHEY Soviets had disappeared may have made him House of Representatives joins me in my ad- OF NEW YORK suspect. After repeated arrests and releases, miration for the school and its accomplish- IN THE HOUSE OF REPRESENTATIVES he escaped to Austria and then later moved to ments. the United States to live with his son. Captain f Tuesday, April 8, 2003 Ocskay died in 1966 in Kingston, New York, Mr. HINCHEY. Mr. Speaker, I rise today to where he is buried. He is survived by his son, PERSONAL EXPLANATION honor posthumously Captain Laszlo Ocskay, a George Ocskay, his daughter-in-law, Helen courageous and righteous individual whose Ocskay, and his granddaughter, Elisabeth. HON. ELTON GALLEGLY actions saved the lives of thousands of Jews Captain Ocskay’s outstanding humanitarian OF CALIFORNIA during the Nazi occupation of Budapest, Hun- contributions were largely unrecognized during IN THE HOUSE OF REPRESENTATIVES gary in 1944–1945. I am not the first to recog- his lifetime. He was however posthumously nize Captain Ocskay’s outstanding humani- awarded a gold metal by the President of Tuesday, April 8, 2003 tarian service on this floor, and I proudly add Hungary, and the city of Budapest has hon- Mr. GALLEGLY. Mr. Speaker, on April 7, my voice to those who have paid tribute to this ored him with a permanent public memorial. 2003, I was unable to vote on H.R. 1055, the remarkable man’s life. Much of the recognition Certainly, Captain Ocskay’s bravery and re- ‘‘Dr. Roswell N. Beck Post Office Building’’ of Captain’s Ocskay’s historic contributions solve in the face of the inhuman and brutal Designation Act (rollcall vote 109), H. Res. has fortunately come to light in recent years Holocaust perpetuated against European Jews 127, Expressing the sense of the House that thanks to the research and writings of Dan stands as an important reminder of the dif- a month should be designated as ‘‘Financial Danieli of Riverdale, New York. ference that principled and moral individuals Literacy for Youth Month’’ (rollcall 110), and Captain Laszlo Ocskay served in the can make against even the most egregious H.R. 1368, ‘‘Norman Shumway Post Office Austro-Hungarian army as an officer during manifestations of human hatred and bigotry. Building’’ Designation Act (rollcall vote 111). World War I, during which he suffered wounds Mr. Speaker, I am delighted to join the Jew- Had I been present, I would have voted ‘‘yes’’ to his leg that left him ineligible for active serv- ish Federation of Ulster County this April 27, on all three measures. ice in the post-war Hungarian army. Captain 2003 in honoring the distinguished legacy of f Ocskay remained on inactive reserve until Captain Ocskay and in paying tribute to his 1944 when he requested to be reactivated to surviving family members. THE PENSION BENEFITS PROTECTION ACT OF 2003 the 101/359 Labor Service Battalion. Despite f his injuries, Captain Ocskay was appointed to the post of Commanding Officer of Labor HONORING THE 25TH ANNIVER- HON. GEORGE MILLER SARY OF THE SOLOMON Service Battalion, assigned the task of col- OF CALIFORNIA SCHECHTER DAY SCHOOL lecting and warehousing clothes. IN THE HOUSE OF REPRESENTATIVES At great risk to his personal safety, Captain Ocskay sought and then used this position to HON. JAMES P. McGOVERN Tuesday, April 8, 2003 protect and sustain more than two thousand OF MASSACHUSETTS Mr. GEORGE MILLER of California. Mr. men, women and children who were threat- IN THE HOUSE OF REPRESENTATIVES Speaker, I am pleased to join today my good ened by the Hungarian Arrow-Cross’s increas- friend from Vermont, the Honorable BERNIE Tuesday, April 8, 2003 ing violence against Jews in Budapest. SANDERS, in cosponsoring his bi-partisan legis- Against official policy, Captain Ocskay allowed Mr. MCGOVERN. Mr. Speaker, I rise to pay lation to protect the pension benefits of older many escapees from other forced labor units, tribute to the Solomon Schechter Day School employees. Over 100 members of the House survivors of anti-Jewish campaigns, family in Worcester, Massachusetts and to congratu- are original co-sponsors of this important bill. members of the men in his labor service, and late the teachers, students, and parents of the I am also very pleased that this bill enjoys others facing persecution to join the ranks of school on the occasion of its 25th anniversary. the support of the AFL–CIO, the AARP, the the 101/359 Battalion. Solomon Schechter Day School was found- Communication Workers of America, the Pen- Through his connections with sympathetic ed in 1977 when a group of local parents ex- sion Rights Center, and other organizations as German military officials and his partnership plored the idea of establishing a Jewish day well as individual employees throughout the with Section-T of the International Red Cross, school for the Worcester community. They country impacted by what are known in the Captain Ocskay was able to successfully shared a common vision: educate their stu- pension world as ‘‘cash balance plan conver- shield these individuals from the increasing dents intellectually and spiritually and, in doing sions.’’ These groups and individuals have persecution of Jewish residents as well as so, inspire them to assume leadership roles been important leaders in this very difficult but provide them with food, medicine and other within secular and Jewish worlds. important fight. necessities. The Section-T was in fact quite Under the leadership of Principal Malka Le- Millions of white-collar employees and other dependent on Captain Ocskay, who opened vine, the school opened its doors on Sep- workers in America will benefit from our bill. his private home to be used as their head- tember 6, 1978 with 21 students in kinder- Our bill is about fairness. Our bill says that if quarters, as well as a sanctuary for a small garten through Grade 3. By 1990 the school a company with a traditional defined benefit number of Jews in hiding. Raoul Wallenberg, enrolled students through Grade 8, completing plan switches—in mid-stream—to a cash bal- the Swedish diplomat who rescued tens of their original goal to serve students from K to ance plan that costs that company less, an thousands of Jews during this same period, is 8. Today enrollment has grown to 116 stu- older employee has the right to choose to be also known to have operated from Captain dents who come from a wide variety of fami- in whichever of the two plans is better for him Ocskay’s home and was hidden at his house lies in Worcester County representing diverse or her. We say, let the employee choose. shortly before being captured by the Soviet religious and socio-economic backgrounds. As you know, the reason that employers troops. Captain Ocskay persevered in his ex- Graduates have gone on to further their edu- can save hundreds of millions of dollars by traordinary efforts to protect the lives and cation at some of our finest institutions and switching to the increasingly popular cash bal- safety of those in his labor camp until the So- serve their community as educators, teachers, ance plans is because they will pay their em- viet liberation of the Labor Camps. physicians, scientists, and many other fields. ployees less in benefits. Following the end of World War II, Captain Mr. Speaker, I am proud to congratulate the We are not proposing that all employers Ocskay was arrested numerous times by the Solomon Schechter Day School on 25 years must have a traditional defined benefit plan for communists who alleged that he was an of providing an exceptional education for all employees. We are not saying that, nor

∑ 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 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08AP8.001 E08PT1 E700 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2003 could we. We are saying very clearly, how- Our legislation will not create jobs, or re- Jim and Bonnie have spent five decades of ever, that if you promised an employee a cer- store the budget surplus, provide health insur- married life together and have produced a lov- tain pension, pay that employee the pension ance, or turn around the stock market, al- ing and nurturing family consisting of eight you promised. though we have proposals to accomplish children: James (Carol), John, Jeff, Judith Our bill would guarantee the right of em- those goals. Those are not the goals of this (Ron), Joyce, Jerry (Mary Ann), Joseph, and ployees who are 40 years old or older, or who particular bill. June (Dominic). They are also proud grand- have worked for ten or more years for the But our bill will establish fairness for the parents of their 17 grandchildren: Jay, Jackie, same company, to choose to stay in the tradi- treatment of older employees’ hard-earned Christine, Rick, Joe, Peggy, Mike, Robert, tional defined benefit pension plan even if the pension benefits. That is what they deserve, John, Jeff, Stephanie, Kathleen, Dominic, company decides to convert that plan to a what they expect, and what they need. Nick, Jenna, Mark, and Megan, as well as cash balance plan. f their first greatgrandchild, Jayton. When Treasury Secretary Snow visited with Jim and Bonnie have passed fifty years of Senators DURBIN and HARKIN this past Janu- REGARDING THE UNTIMELY marriage in loving and consistent devotion to ary prior to his confirmation, he told them that DEATH OF SERGEANT ORLANDO one another, truly exemplifying the spirit of the he believed in choice. He told them that his MORALES IN AFGHANISTAN ON sacrament of holy matrimony and serving as a railroad company, CSX, offered choice. He MARCH 29, 2003 model and inspiration to their children and said a board he sat on, Verizon, offered grandchildren. choice. HON. ALCEE L. HASTINGS Mr. Speaker, as Jim and Bonnie continue But now he is overseeing a pending change OF FLORIDA their wedded journey, I would ask that my col- to pension regulations at the Department of IN THE HOUSE OF REPRESENTATIVES leagues join me in honoring this remarkable Treasury that would not require companies to Tuesday, April 8, 2003 couple. offer choice. Under the pending rules, a well- f meaning company would be allowed to offer Mr. HASTINGS of Florida. Mr. Speaker, I choice or otherwise treat their employees fair- stand here today with a saddened heart for HONORING THE FAIRFAX COUNTY ly. the untimely death of a resident in South Flor- HEALTHY FAMILIES PROGRAM The problem is that the rules do not require ida who paid the ultimate sacrifice in the name AS A RECIPIENT OF THE 2003 that they be treated fairly. That is wrong. And of freedom. On Saturday, March 29, 2003, COUNTIES CARE FOR KIDS that is why we are sponsoring this legislation. gunmen on motorcycles ambushed a U.S. AWARD As BERNIE pointed out a few weeks ago, no military reconnaissance patrol in Southern Af- member of Congress would want to see the ghanistan and killed Sergeant Orlando Mo- pension system here changed in mid-stream if rales. I wish to express my deepest condo- HON. TOM DAVIS OF VIRGINIA it meant that after working for 25 years you lences to Ms. Maria Roxana Morales and the would find your expected pension cut in half entire Morales family, and at the same time IN THE HOUSE OF REPRESENTATIVES Millions of employees across the country offer all my support and prayers. Tuesday, April 8, 2003 don’t want to see their hard-earned benefits I believe a person’s life is not measured by Mr. TOM DAVIS of Virginia. Mr. Speaker, I cut either. But they are afraid. They are look- the time spent on this earth, but by what is ac- rise today to congratulate Fairfax County’s ing at their retirement years, after a lifetime of complished while here. With this in mind, Ser- Healthy Families program on their recognition work, and they are afraid that after a cash bal- geant Morales will always be considered a by the National Association of Counties as a ance conversion they will lose half of the ben- hero. The ultimate passing of any true hero is 2003 Counties Care for Kids Award recipient. efits they expected and worked so hard to a tragedy. Healthy Families Fairfax was launched in achieve. The General Accounting Office has This tragedy only crystallizes the great risk 1992 under the parent organization Healthy documented that conversions especially hurt and danger these brave men experience in Families America, and has now been working older employees and can cost them as much the name of the people of the United States. to improve childcare in Fairfax for over a dec- as half of their pension benefits. All of America mourns the loss of our military ade. This Counties Care for Kids Award rec- These employees are looking at the cost of men and women, though we cannot feel the ognizes the program as an innovative and health insurance, the cost of college for their depth of the families’ pain. We never forget model county government effort that has dem- children, and the cost of retirement. They have that the peace and prosperity that we enjoy onstrated measurable outcomes for children counted on their pension to help them through are founded on the ultimate sacrifices made and their families. Healthy Families Fairfax some of those costs. But under a conversion, by those who have lost their lives in war works directly with first-time parents to pro- they risk seeing those benefits and those throughout our nation’s history. They have mote child health. A public-health nurse and dreams, cut. earned our gratitude and respect. family support worker provide educational and Mr. Speaker, I have been contacted by em- Because of the very high regard in which I therapeutic support to the family at home, ployees in every industry from across the hold all members of the armed services, it is from prenatal through age four of the child. country, from the airline industry, the finance especially disturbing to me when one of these Studies have shown the immense impact of industry, and industrial companies. They are fine young men or women is killed. By any early childhood care on child development, but wondering why in the world would President measure, their contributions, in terms of unfortunately many children are neglected and Bush promote new rules that deliberately give human sacrifice, are immense. As a nation we even abused during their pivotal formative employers the legal protection to slash pen- share the sense of loss that the Morales fam- years. By assisting parents with parenting, sion benefits. ily is experiencing. Though sorrow runs deep, The President’s proposal raises serious health, nutrition, problem-solving, and stress our pride for Orlando Morales shines brightly. management, Healthy Families Fairfax gives questions about the direction in which he is f taking the nation and the people who work so children and families the opportunity to grow hard every day to make ends meet. HONORING JIM AND KATHLEEN up together in a healthy environment. While The President does not have a policy to cre- HURCKES similar programs do exist, most do not ap- ate jobs. proach the comprehensive approach of The President does not have a policy to HON. WILLIAM O. LIPINSKI Healthy Families Fairfax, whose support eliminate the budget deficit. OF ILLINOIS teams not only address parenting issues, but The President does not have a policy to IN THE HOUSE OF REPRESENTATIVES also assist families with family problems not provide health insurance to the uninsured. directly related to the new baby. This inclusive But President Bush does have a plan to Tuesday, April 8, 2003 method affords homes a viable chance to suc- help companies slash employees’ pension Mr. LIPINSKI. Mr. Speaker, I rise today to ceed in raising their baby and building a life benefits. pay tribute to Jim and Kathleen, ‘‘Bonnie’’, together. The business press is full of stories about Hurckes, outstanding former residents of the This worthy project is a voluntary prevention this problem—retirement security. This isn’t City of Chicago and the greater Southwest program of the Department of Family Serv- something BERNIE SANDERS and RAHM EMAN- side. They will be celebrating their 50th wed- ices, in partnership with the Fairfax County UEL and I have made up. The economic future ding anniversary on Good Friday, April 18, Department of Health, Northern Virginia Fam- of Americans is in serious jeopardy and these 2003. Their celebration is scheduled for April ily Service, UCM Community Solutions, and pension rules are one important part of that 13, 2003 at St. Andrew the Apostle in Reston Interfaith. Only eight programs nation- problem. Romeoville, Illinois. wide have been chosen as 2003 Counties

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.003 E08PT1 April 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E701 Care for Kids Award recipients, and Healthy to raise much needed capital and avoid further The President’s crusade to preemptively in- Families Fairfax certainly exemplifies the posi- debt, many cooperatives are considering vade Iraq without regard to peace or diplo- tive impact that county-wide programs hope to issuing preferred stock. However, under the macy was wrong. I voted against the resolu- achieve. current tax laws, stock dividends paid to stock- tion giving him the authority to do so and re- Mr. Speaker, in closing, it is an honor to ex- holders are taxed three times: (1) When they main opposed to this war. I continue to ques- tend my warm congratulations to Healthy are earned by the cooperative; (2) when re- tion the President’s judgment as commander- Families Fairfax for all of their achievements. ceived by the stockholder; and (3) at the cor- in-chief. Yet, when our troops are in harms The recognition by the National Association of porate level when earnings are distributed. way, Congress has a duty to support them Counties is well deserved. I call upon my col- Members of cooperatives are taxed on in- and support them we must. leagues to join me in wishing the Healthy come generated by the cooperative. The co- This bill provides our men and women in Families Fairfax future success. operative itself, however, is not taxed so long uniform with the resources that 1 hope will f as any ‘‘patronage income’’ is distributed to its bring a swift end to the war and minimize the members. Cooperatives frequently earn at loss of life. That is why I am voting in favor of HONORING OAK CLIFF LIONS CLUB least some non-member, or ‘‘nonpatronage,’’ it today. income. Much like a corporation, a cooperative HON. MARTIN FROST must pay taxes on such nonpatronage in- f OF TEXAS come, just as the stockholder, whether a HONORING THE POEMS OF STU- IN THE HOUSE OF REPRESENTATIVES member or non-member, must also pay tax on DENTS FROM THE JFK INTER- Tuesday, April 8, 2003 that income when it is distributed as a divi- dend. Unlike a corporation, however, coopera- MEDIATE SCHOOL IN DEER Mr. FROST. Mr. Speaker, I rise today to tives must then pay what amounts to a third PARK, NEW YORK honor the Oak Cliff Lions Club. This organiza- tax due to the operation of an obscure IRS tion has served the Oak Cliff Community faith- rule. HON. STEVE ISRAEL fully and continually now for seven decades. It The ‘‘dividend allocation rule’’ imposes a OF NEW YORK is with great pleasure that I congratulate them third level of taxation on the cooperative by re- IN THE HOUSE OF REPRESENTATIVES on their 70th Anniversary. I am proud to be a ducing the amount of patronage dividends Tuesday, April 8, 2003 member of such an organization, one that pro- paid to cooperative members. Cooperatives, motes education, leadership, strong values, such as a typical farming cooperative, may de- Mr. ISRAEL. Mr. Speaker, I rise today to and togetherness. duct dividends paid to patrons from taxable in- share the poems of the students of the JFK Lions commit themselves to improving the come. IRS regulations, however, provide that Intermediate School in Deer Park, New York. lives of everyone. They are always determined net earnings eligible for the patronage divi- Like all of us, the war in Iraq is on the to help the less fortunate, whether they are dend deduction are reduced by dividends paid minds of America’s children. Students at the thousands of miles away, or just down the on capital stock. This requirement has been JFK Intermediate School have taken time to street. Through the Lions Club, young people interpreted to mean that even dividends paid acknowledge the troops and thank them for can earn scholarships to participate in both out of nonpatronage earnings will be ‘‘allo- their dedication and service to our country. international exchanges and community out- cated’’ to a cooperative’s patronage and non- Kyle Thorn, age 10, writes: ‘‘I just want to reach programs. patronage earnings in proportion to the rel- thank you for protecting not only your country, Lions Clubs not only promote service to ative amount of patronage/nonpatronage busi- you are also protecting your people. I also their communities, but to the entire world, with ness done by the cooperative. This ‘‘alloca- want to thank you for risking your life for every over 1.4 million members in 190 countries. In tion’’ significantly reduces the amount of net American when you don’t even know them. today’s global society, Lions clubs are perhaps earnings from the patronage operation that You are what a true American citizen is. When more important than ever before. Oak Cliff may be claimed as a deduction, thus increas- you are out there in Iraq you are not only sa- Lions are looking forward to the challenges of ing the cooperative’s level of taxation. luting your country, you are saluting the peo- today and tomorrow with optimism and unwav- Put more simply, the ‘‘dividend allocation ple in your country.’’ ering loyalty. Our message is simple but clear. rule’’ allocates income already taxed against I join with these students in their continued We serve. what would have otherwise been a deduction. support and appreciation for our troops at Since Lions clubs were established, Lions As a result, cooperatives pay more taxes on home and abroad and pray for their safe re- have been dedicated to giving something income used to pay a dividend on stock than turn home. back, and I am certain that the Oak Cliff Lions would a non-cooperative corporation. DEAR SERVICE MEN & WOMEN: Hi my name Club will continue its tradition of selfless serv- It is time to end the triple taxation on coop- is Kyle Thorn, I am 10 years old and I live in ice and pride in our great community. erative income and give farmers, consumers, Derr Park, Ny. I have an older brother who f hospitals, and other coop members the flexi- is 14 and a younger sister that is 6. I dont bility they deserve in structuring their affairs. It know if you know him but I have an Uncle A BILL TO PERMIT COOPERATIVES whose in the Air National 106th Reserve. His TO PAY DIVIDENDS ON PRE- is time to eliminate the dividend allocation rule name is George Kalamoros. FERRED STOCK WITHOUT RE- and pass the Cooperative Dividend Equity Act In this letter I just want to thank-you For DUCING PATRONAGE DIVIDENDS of 2003. protecting not only your country you are f also protecting your people. I also want to thank-you for risking your life for every HON. WALLY HERGER EMERGENCY WARTIME SUPPLE- american when you dont-even know them. OF CALIFORNIA MENTAL APPROPRIATIONS ACT, You are what a true american citizen is. IN THE HOUSE OF REPRESENTATIVES 2003 When you are out there in Iraq you are not only saluting your country you are saluting Tuesday, April 8, 2003 SPEECH OF the people in your country. Mr. HERGER. Mr. Speaker, today I rise to From, HON. FORTNEY PETE STARK KYLE THORN. introduce the Cooperative Dividend Equity Act. OF CALIFORNIA This legislation will help to end an unfair tax IN THE HOUSE OF REPRESENTATIVES DEAR ALEX: hI my name is George. Ylitelo. on cooperatives and their members. I rote this Letter To Thank you for serving As those of us from agricultural and rural Thursday, April 3, 2003 this country. I hope their is no war. You are areas can attest, cooperatives play a vital role The House in Committee of the Whole thought of every day. IF their is A war Dont in many Americans’ lives. Whether it be farm- House on the State of the Union had under worry because you are not alone you have ers pooling their resources in order to survive consideration the bill (H.R. 1559) making U.S.A. in the global marketplace, consumers maxi- emergency wartime supplemental appropria- This is the real world so that means mizing their buying power through volume pur- tions for the fiscal year ending September 30, George W. Bush mite make some kind of 2003, and for other purposes: Deal. If he does not you have the Navy, chasing, or healthcare facilities providing com- Army, Air Force, Marines. I know you will munity-based services—cooperatives facilitate Mr. STARK. Mr. Chairman, I rise today in make It threw the Long Days of hard work people working together for a common good. support of the wartime supplemental appro- in the Desert. One of the greatest challenges facing co- priations bill. Yet, I am greatly troubled by this You Friend, operatives today is access to capital. In order vote. GEORGE YLITELO.

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A08AP8.007 E08PT1 E702 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2003 PLEASE SAVE THE WORLD bat missions. Now Harry is continuing to serve ance throughout the tournament and all sea- (By Heather Lake) his country by sharing his story with his neigh- son long. DEAR SOLDIER: Hi, my name is Heather. I bors and the Veterans’ History Project, ensur- The Orangemen’s win last night certifies am 8 years old. But I will be 9 in April 24th. ing that his experiences will be permanently that Syracuse is a national college basketball I want to thank you for volentearing to save archived at the U.S. Library of Congress. powerhouse. Congratulations to the entire Syr- the world from losing. Please pray to all that Mr. Speaker, it is a great privilege to honor acuse University community. We are proud of have died in your group that have tried to Harry Blowey for his service to this country. you. save this world. I hope you do well. Be care- fully with the weapons. We are sending He served selflessly during a time when our f country was in great need. His actions have things like: Toilet paper, newspaper, pic- TRIBUTE TO THE FRIENDS OF tures, tishuses, chap stick. I hope you do brought great credit to himself and his nation, really really well. I hope you get binladin and his willingness to share his story with pos- NORRIS COTTON CANCER CENTER Hussan. terity will benefit generations to come. Thanks, Thank you and win the war. Harry, for your service to this nation. HON. CHARLES F. BASS P.S. Thank you for your time. f OF NEW HAMPSHIRE IN THE HOUSE OF REPRESENTATIVES OUR FREEDOM FIGHTERS PERSONAL EXPLANATION (By Mrs. Orofino’s Fourth Graders) Tuesday, April 8, 2003 John F. Kennedy Intermediate School, Deer HON. ERNIE FLETCHER Mr. BASS. Mr. Speaker, I rise today to Park School District, Deer Park, New York OF KENTUCKY honor the contributions made by the Friends You’re our Knights in Shining Armor. IN THE HOUSE OF REPRESENTATIVES of Norris Cotton Cancer Center in Lebanon, The personnel carriers your steeds and body New Hampshire. protection. Tuesday, April 8, 2003 Whereas the Friends of Norris Cotton Can- Thundering over the desert on toward Bagh- Mr. FLETCHER. Mr. Speaker, on Monday, cer Center began in 1982, when a group of dad. April 7, 2003, had I been present for rollcall civic-minded citizens, all friends of Senator You left home and traveled to foreign lands vote Nos. 109, 110, and 111, I would have Norris Cotton, founded an organization to sup- in the name of Freedom. You crossed thousands of miles, voted the following way: Rollcall vote No. port Norris Cotton Cancer Center, which was Leaving your loved ones behind. 109—‘‘aye’’; Rollcall vote No. 110—‘‘aye’’; established in 1972, through the efforts of You crossed barren lands over hundreds of Rollcall Vote No. 111—‘‘aye.’’ Senator Norris Cotton and Dr. Frank Lane. miles through the desert. f Whereas the Friends of Norris Cotton Can- Listening to artillery fire. cer Center have lived up to their stated pur- Treating Iraqi citizens TRIBUTE TO 2003 NCAA CHAMPIONS pose to promote the welfare of the Cancer With Kindness and Respect. SYRACUSE UNIVERSITY Center at Dartmouth-Hitchcock Medical Center Thank you for being our heroes, the World’s during the past two decades. Protectors of Liberty and Justice. HON. JAMES T. WALSH Whereas the Friends of Norris Cotton Can- ‘‘Let Freedom Ring!’’ OF NEW YORK cer Center have adopted the Audrey Prouty IN THE HOUSE OF REPRESENTATIVES Century Ride & Fitness Walk as its signature TO OUR MARINES fundraiser. Tuesday, April 8, 2003 (By Jessica Gulotta) Whereas the Prouty first began 22 years When you are out there in your tanks Mr. WALSH. Mr. Speaker, I rise today to ago when four nurses rode 100 miles through I am giving you a special thanks. honor the Syracuse University Orangemen. the White Mountains of New Hampshire as a I truly trust you. I really do. Last night, Syracuse laid claim to the school’s tribute to one patient’s courage in her battle Leaving your homes and families too. first Division I Basketball National Champion- with ovarian cancer. Keep your hopes up; it will get you through. ship after defeating the University of Kansas, Whereas last year’s proceeds from the Heroes, Heroes, that’s what you are. 81–78. In addition to the players and coaching Prouty enabled Norris Cotton Cancer Center You left your homes and traveled far staff, many deserve recognition, including researchers to continue their work assessing a Off to war, hoping an end will soon come. school administrators, faculty, staff, alumni, person’s genetic risk for cancer, developing Just fight, fight, fight, and then you’re done. students, and one of the most loyal fan bases new and better medications to fight the dis- f in all of collegiate athletics. ease, and advancing basic science investiga- Mr. Speaker, as you may know, Syracuse tions critical to finding a cure for cancer. HONORING HARRY BLOWEY has been to the Final Four before. Last night’s Whereas the recent purchase of an Agilent championship game proved for Head Coach Microarray System, a powerful weapon in the HON. SCOTT McINNIS Jim Boeheim that the third time was the right war against cancer, was made possible OF COLORADO time as his Orangemen came full circle to de- through the work of the Friends of Norris Cot- IN THE HOUSE OF REPRESENTATIVES feat a national powerhouse in the Louisiana ton Cancer Center has made possible the Superdome, avenging a heartbreaking 1987 identification of previously unidentified targets Tuesday, April 8, 2003 loss to Indiana in the same facility. Preparing within tumors and the development of novel Mr. McINNIS. Mr. Speaker, I would like to for a championship match up against a senior- drugs to attack and hopefully kill these tumors. take this opportunity to recognize Harry led Kansas team is not an easy task. Jim de- Whereas the continued fundraising efforts of Blowey and his contributions to this country. serves much credit for his young team’s out- the Friends of Norris Cotton Cancer Center Harry began his service to our nation in the standing determination and accomplishment. through the Prouty and other venues will most 1940s, serving in the Navy in the Pacific the- Knowing Coach Boeheim personally, I assuredly translate into even more discoveries atre during World War II, and today I would would like to congratulate him here on the in the search for a cure for cancer. like to honor his accomplishments before this House floor. He is Syracuse basketball. Therefore I invite my colleagues in the body of Congress and this nation. Coaching his alma mater for twenty-seven House of Representatives to join me in ex- Harry was aboard an aircraft carrier, the years and being part of Syracuse basketball tending heartfelt appreciation and admiration USS Bismarck Sea, during the battle for Iwo for more than half his life, this championship to the Friends for their contributions towards Jima when his ship was hit by two Japanese is deserved not only for all of Syracuse’s sup- the cure for cancer in our lifetime. kamikazes. The explosions broke the ship in porters and community but for the coach him- f half, and as the ship sank, Harry lowered him- self. Also deserving praise this afternoon is self down a line and jumped into the water, Head Assistant Coach Bernie Fine and the TRIBUTE TO JERRY PINO keeping himself afloat for five hours before he rest of the Syracuse coaching staff. was rescued. Harry’s ship was the last Amer- Syracuse’s championship team was led by HON. SCOTT McINNIS ican aircraft carrier sunk in World War II. Final Four MOP, freshman Carmelo Anthony, OF COLORADO Harry also served as a belly-gunner during with outstanding support from Gerry McNa- IN THE HOUSE OF REPRESENTATIVES the battles for Leyte and Luzon in the Phil- mara, Billy Edelin, Kueth Duany, Hakim ippine Islands, earning the Distinguished Fly- Warrick, Craig Forth, Jeremy McNeil, and Tuesday, April 8, 2003 ing Cross, a Navy and Marine Corps medal for Josh Pace. This young team demonstrated Mr. McINNIS. Mr. Speaker, I would like to heroism, and three air medals for special com- poise, presence, and pride in their perform- take this opportunity to recognize Sergeant

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.011 E08PT1 April 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E703 Jerry Pino and thank him for the contributions IN HONOR OF KUP’S COLUMN ON In the final stretch of the 1948 presidential he has made to the community police depart- ITS 60TH ANNIVERSARY campaign, when Truman was trailing in the ment of Pueblo, Colorado. Jerry recently re- polls, he told Kup: ‘‘I’m out slugging doing the best that I can. No man can do more.’’ tired after twenty-five years with the Pueblo HON. WILLIAM O. LIPINSKI Kup may have been the only columnist in police force, and today I would like to honor OF ILLINOIS America who gave Truman a chance to win. his accomplishments before this body of Con- IN THE HOUSE OF REPRESENTATIVES Truman later confided to Kup that the rea- gress and this nation. Tuesday, April 8, 2003 son he fired Gen. Douglas MacArthur during the Korean War was that MacArthur ‘‘want- Jerry joined the department in 1978 after Mr. LIPINSKI. Mr. Speaker, today I would ed to use the atomic bomb against the Chi- leaving the U.S. Marine Corps, and earned his like to place in the CONGRESSIONAL RECORD nese.’’ promotion to sergeant in 1994. In the course an article by Steve Neal, a political editor for It was Kup who got the scoop when Tru- of his career, Jerry won three commendations the Chicago Sun Times. The article, entitled man decided not to seek re-election in 1952. for his actions on the job, catching two armed Kup’s column turns 60—and still going strong, Kup also accurately predicted that Illinois Gov. Adlai Stevenson would be drafted that robbery suspects by anticipating their escape is about Irv Kupcinet, the greatest and most route and almost single-handedly unraveling a year as the Democratic presidential nomi- influential columnist that Chicago has ever nee. theft ring. Just this past year, Jerry saved the had, and one of the most influential columnists At the 1956 Democratic National Conven- life of an eighty-four year old woman when he in the history of America. tion, Kup noted that the young John F. Ken- found her collapsed just outside her apartment Steve Neal wrote the following: nedy was the ‘‘brightest young hope to in freezing weather. As a former police officer He is without peer. emerge from the conclave.’’ myself, I know of the dedicated service, long Irv Kupcinet, who is celebrating the 60th Kup championed civil rights in his column hours and unrivaled commitment that our law anniversary of his column, is one of the more and provided a forum for such voices of free- durable institutions in the history of Amer- dom as the Rev. Martin Luther King, Jr., enforcement officers give to their communities. ican journalism. ‘‘Kup’s Column,’’ which Malcolm X, Muhammad Ali, and the Rev. Jerry’s twenty-five years of service exemplify started in January 1943, is the nation’s long- Jesse L. Jackson. this dedication. est running newspaper column. When Bill Clinton won the presidency, Kup Mr. Speaker it is a great privilege to honor ‘‘He’ll delve into every phase of local en- was among the strongest advocates for lift- terprise and activity . . . business, politics, ing the barrier against gays in the military. Sergeant Jerry Pino and wish him the best as nightclubs, the theater, sportsband . . .’’ the Kup also supported Truman when he issued he leaves the Pueblo Police Department. He old Chicago Times announced in a house ad. his executive order to desegregate the armed has been an effective officer and an integral ‘‘Intimate, sprightly, his column will be services. part of the police force for twenty-five years. brimming over with names that make news.’’ Kup is probably more identified with Jerry, thank you for your dedicated service. In his first item, Kup reported that Irving Frank Sinatra, than any other show business Berlin berated the cast of his musical revue, personality. A half a century ago, Sinatra ‘‘This is The Army,’’ after a published report won the Academy Award for his role in f that they tired of the road tour and wanted ‘‘From Heaven to Eternity.’’ Kup persuaded to resume their military duties, Harry Cohn of Columbia Pictures to give Si- GERRY MCNAMARA MAKES NORTH- Kup also disclosed that state Sen. Abra- natra this part. EASTERN PENNSYLVANIA PROUD ham Lincoln Marovitz (D-Chicago) was about It should be noted that Stella Foster, to enlist in the Marines, and that comedian Kup’s associate for 34 years, is a major con- Joe E. Lewis, who was then performing at tributor to the success of the column. Kup’s HON. PAUL E. KANJORSKI the Chez Paree, would soon be embarking for late wife, Essee, also was an integral part of North Africa to entertain U.S. troops. the column. OF PENNSYLVANIA In looking back, Kup says that first six On May 18, a celebration of Kup’s 60th an- months of the column were the most dif- IN THE HOUSE OF REPRESENTATIVES niversary will be held at the Hilton Chicago. ficult. But then he soon found a voice and The proceeds will go to the Chicago Academy Tuesday, April 8, 2003 went on to become one of the nation’s more for the Arts. Larry King is scheduled to be influential columnists. the master of ceremonies. Mr. KANJORSKI. Mr. Speaker, I rise today He has appeared as a character in a Saul Playboy Chief Executive Officer Christie Bellow novel and two of Otto Preminger’s to call the attention of the House of Rep- Hefner and her husband, former state Sen. classic films. Kup is the only living Chicago William A. Marovitz, are cochairing this spe- resentatives to the key role that Gerry McNa- journalist to have a bridge named after him. cial event with Kup’s grandchildren, David mara of Scranton played in the outstanding The Kupcinet Bridge is on Wabash Avenue Kupcinet and Kari Kupcinet-Kriser. For season of the Syracuse University men’s bas- over the Chicago River. more information, call (312) 595–1400. His success is no accident. Kup is a man of ketball team, culminating in their winning the f NCAA championship Monday. incredible drive and energy. He is fair, hon- est, accurate, and has more contacts than TRIBUTE TO MR. CHARLIE For example, he scored 18 of the team’s 81 anyone else in the newspaper game. NATHANIEL HALL, SR. points in the title game. Clearly, the phrase He met with future President Gerald R. ‘‘just a freshman’’ does not apply to him, and Ford when they were teammates on the 1935 he certainly earned the honor of being named College All-Star football team. Kup, a quar- HON. DONALD M. PAYNE terback who played at North Dakota and OF NEW JERSEY to the Final Four All-Tournament Team. He later for the Philadelphia Eagles, stood be- was also a unanimous selection to the Big hind Ford, a center for the University of IN THE HOUSE OF REPRESENTATIVES East All-Rookie Team, which is selected by Michigan. Tuesday, April 8, 2003 the league’s head coaches. ‘‘I have a somewhat different view of the president of the United States,’’ Kup later Mr. PAYNE. Mr. Speaker, it is with great By helping lead his collegiate team to vic- remarked. pride that I rise today to recognize my con- tory, Mr. McNamara is continuing his out- ‘‘I’ve always liked Kup,’’ Ford told me in a stituent, Charlie Nathaniel Hall, Sr. Mr. Hall standing record from Bishop Hannan High 1996 interview at his home in Vail, Colo. was born and raised in my hometown of New- School, where he set records and led the ‘‘He’s a good friend and a darned good re- ark, New Jersey and has become a very ac- team as it won the state Class AA champion- porter. One of the best.’’ tive member within the community. Kup loves Jerry Ford. But his favorite Attending public schools in Newark, Mr. Hall ship last year. Before that, he led the Holy Ro- president is Harry Truman, whom he met sary team to a Catholic Youth Organization when Truman was about to be nominated for went on to earn an art degree from the New- title in the eighth grade. the vice presidency at the 1944 Democratic ark School of Fine and Industrial Arts, with a concentration in Product Design. While there Those who know Mr. McNamara’s history National Convention in Chicago. He gave Kup a card on which he wrote: ‘‘Kup, you’re Mr. Hall was also a member of the Gamma from Scranton were not at all surprised by entitled to admission, the front door and the Delta Phi Fraternity and worked part-time in how well he has played at the national level. back door is always open.’’ downtown Newark, where he earned the rep- Mr. Speaker, Gerry McNamara has contin- Truman’s portrait still hangs behind Kup’s utation of a ‘‘laborer’’. ued to make Scranton and Northeastern desk at the Chicago Sun-Times. Clifton Tru- man Daniel, the late president’s grandson, Mr. Hall’s ability to grasp and handle mul- Pennsylvania proud. I expect we will see more said Truman felt a bond with the Chicago tiple tasks sent him through the ranks and great things from this fine young man in years newsman because ‘‘they were both straight earned him the Vice-Presidency of Local 108 to come, and I send my congratulations to him shooters and were comfortable with each in 1984. He was eventually elected President and his family and friends. other.’’ of the Local Union in 1989 and served until

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K08AP8.004 E08PT1 E704 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2003 1998. Later in that same year he would be ENERGY DEVELOPMENT AND 3,090 wells in what’s called the Pinedale Re- elected vice-president of the UFCW. Working WILDLIFE—PERSPECTIVE FROM source Area, with many more on the way. In in all aspects of these organizations, Mr. Hall WYOMING fact, with the Bush administration’s push to fast-track the production of domestic energy is an integral component of the development resources, the BLM has exceeded the number and success of all organizations with which he HON. MARK UDALL of wells permitted by its 1988 Resource Man- works. He is currently President Emeritus of OF COLORADO agement Plan. It’s now in the midst of writ- Local 108, RWDSU. IN THE HOUSE OF REPRESENTATIVES ing a new one, which will decide the fate of the Upper Green’s wildlife for next 15 to 20 In addition to being an active member in the Tuesday, April 8, 2003 years. Labor movement, Mr. Hall is also very active Mr. UDALL of Colorado. Mr. Speaker, this I suspect that many hunters in the basin within the community, working with the Young (2,600 go after antelope, 7,300 after mule deer, week the House will be debating major legisla- Businessmen’s Association of Newark as well and 7,600 after elk) feel about the way I do: tion to revise our national policies regarding as the Benevolent Protective Order of Rein- We all use natural gas, but we’re not willing energy. to extract it at the expense of the region’s deer, Inc. His contributions to the community There are many aspects to that debate. One wildlife. So what I’ve been saying to the are innumerable, and I am thankful to stand that must not be overlooked is the need to BLM is this: Protect the land critical to here today to recognize his work. balance energy development on Federal lands these animals in winter; make it off-limits As Mr. Hall gathers with family and friends with the other resources, values, and uses of to anything that might disturb it. The animals’ transitional habitat needs to to celebrate his long and successful career, I those lands. Colorado and the other Rocky be protected as well. That’s all the country know that my colleagues in the U.S. House of Mountain states have a great stake in that part antelope and deer use for food and rest while Representatives join me in recognizing his of the debate—something that was well illus- on their migrations to and from their sum- substantial contributions and in wishing him trated by a recent article by one of our neigh- mer and winter ranges. Anyone who has the very best as he pursues other endeavors. bors, Ted Kerasote, entitled ‘‘Wyoming Lives spent some time in this basin has probably Uneasily with Big Game and Big Equipment.’’ noticed the passages through which deer and antelope have migrated for millennia, some f For the benefit of our colleagues, I am at- taching that article: of them only a half-mile wide. These bottle- necks need to be safeguarded. HONORING MIKE DAVIS [From the Writers on the Range] The Bureau of Land Management also WYOMING LIVES UNEASILY WITH BIG GAME needs to recognize that more than energy de- AND BIG EQUIPMENT velopment is taking place out here. Private HON. SCOTT McINNIS (By Ted Kerasote) lands are being subdivided even as some live- stock grazing continues, and an ever-increas- As meat lockers go, this corner of north- OF COLORADO ing number of recreationists—from hunters western Wyoming is one of the prettiest on and anglers to snowmobilers and ATVers— IN THE HOUSE OF REPRESENTATIVES earth. Behind me, as I sit on this sage-cov- use roads and trails and everything in be- ered bluff, is a great horseshoe of snow- Tuesday, April 8, 2003 tween. dusted peaks: the Wind Rivers, the Gros What I’m describing, of course, are cumu- Ventres, the Wyoming Range. Ahead lies the Mr. McINNIS. Mr. Speaker, I would like to lative impacts—something the federal agen- Upper Green River Valley: empty, vast and cy has done a poor job of adding up. The cur- take this opportunity to recognize Mike Davis skeined with moving lines of pronghorn an- rent resource plan, in fact, lacks such an of Pueblo, Colorado. As the president of telope. analysis. Most of all, what I keep asking of Pueblo Community College, he has done Twice each year, these herds move south our federal land managers is caution: Let’s much to promote the importance of higher to their winter range and return north to find out what’s happening to wildlife before summer forage. Some of these antelope rou- we permit more gas well development. education in my district, and today I would like tinely trek 200 miles to Grand Teton Na- to highlight his accomplishments before this Today, though, I have nothing left to say. tional Park, making their particular migra- Thumper trucks shaking the ground ap- body of Congress and this nation. tion the longest undertaken by any mammal proach my bluff, and I head back to the car, Mike worked as a clinical social worker be- in the Lower 48. looking for some undisturbed bit of country. In addition to the 32,000 pronghorn out fore entering academia as an instructor at Vin- These days in the Upper Green, it is getting here, there’s also 48,000 mule deer, some of harder and harder to find. cennes University in Indiana, the community them moving upwards of a hundred miles to college where he earned an associate’s de- reach the surrounding national forests and f gree in psychology in 1972. Taking on in- their summer haunts. Now and then I see PERSONAL EXPLANATION creasing leadership roles at Vincennes, Mike some of the 8,000 elk that seep down from the eventually earned a doctorate in higher edu- high country, and there’s rarely a morning when, walking across these hills and draws, HON. ALLEN BOYD cation administration. He came to Pueblo from I don’t flush a covey of sage grouse. OF FLORIDA Indiana to serve as PCC’s executive vice The size of small turkeys, the birds stop IN THE HOUSE OF REPRESENTATIVES president in 2000, assuming the job of presi- my heart when they burst directly from be- Tuesday, April 8, 2003 dent in 2001. neath my feet. Mr. BOYD. Mr. Speaker, I was unavoidably As a community college graduate himself, With the quarters of one antelope already on ice, I’m sitting up here and looking for detained and missed the following votes. Had Mike understands the pivotal role these institu- another; in fact, two. Like many people in I been present for rollcall votes 105, 109, 110, tions play in the intellectual development of his Wyoming, I haven’t eaten farm-raised meat and 111, I would have voted the following students. As president of PCC, Mike has been in decades. Three antelope, one elk and a va- way: rollcall Vote No. 105: ‘‘nay;’’ rollcall Vote an exceptional supporter of the Phi Theta riety of grouse, ducks, and geese feed my family and me, and the friends who help with No. 109: ‘‘yea;’’ rollcall Vote No. 110: ‘‘yea;’’ Kappa honor society that promotes scholar- rollcall Vote No. 111: ‘‘yea.’’ ship and a lively intellectual climate among the packing, from fall to fall. It’s one of the blessings of living amid lots of publicly f students at two-year colleges. Mike will re- owned land: Food is inexpensive, healthy and ceive the Shirley B. Gordon Award of Distinc- fills the soul while it’s gathered. PERSONAL EXPLANATION tion from Phi Theta Kappa for his support of Or so it’s been until recently. the society and its PCC chapter. Today, when I look south, I can see several HON. MICHAEL M. HONDA pickup trucks leaving dust plumes, here and Mr. Speaker, our nation’s community col- OF CALIFORNIA there an ATV skittering through the sage, IN THE HOUSE OF REPRESENTATIVES leges are learning centers for a wide variety of men erecting aerials on hilltops, and a line students, helping them to achieve their goals. of enormous ‘‘thumper trucks,’’ big as tanks, Tuesday, April 8, 2003 Mike Davis encourages high standards for in- rumbling their slow way across the land- Mr. HONDA. Mr. Speaker, on rollcall Votes tellectual achievement in the academic com- scape. Overhead, helicopters flash as they Nos. 109, 110, and 111, I was unavoidably munity he heads, and his support for Phi tend seismic equipment that read what lies detained with important matters in my district. Theta Kappa is only one measure of that sup- below. The antelope, trying to negotiate this gantlet, rush helter-skelter from thumper As a result, I was unable to cast a vote on port. It is a great privilege to salute Mike be- truck to hovering helicopter and back. the measure to designate the facility of the fore this body of Congress and this nation for Natural gas happens to be one of the other United States Postal Service located at 1901 his achievements as both a teacher and a blessings of these public lands. The Bureau West Evans Street in Florence, South Caro- community leader. of Land Management has already permitted lina, as the ‘‘Dr. Roswell N. Beck Post Office

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.019 E08PT1 April 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E705 Building,’’ the measure expressing the sense PERSONAL EXPLANATION for her exemplary service to the Mesa County of the House of Representatives that the Valley School District in Colorado. Dee has month of April should be designated as ‘‘Fi- HON. SPENCER BACHUS been an educator for forty-two years and nancial Literacy for Youth Month’’ and the OF ALABAMA today I would like to honor her accomplish- measure to designate the facility of the United ments before this body of Congress and this IN THE HOUSE OF REPRESENTATIVES States Postal Service located at 7554 Pacific nation. Avenue in Stockton, California, as the ‘‘Nor- Tuesday, April 8, 2003 Dee began teaching at Lincoln Orchard man D. Shumway Post Office Building.’’ Mr. BACHUS. Mr. Speaker, on Monday, Mesa Elementary School before serving as Had I been present, I would have voted April 7th, I missed rollcall votes 109, 110 and Assistant Principal at Appleton, Pomona, and ‘‘aye’’ on rollcall Vote No. 109, ‘‘aye’’ on roll- 111, due to a flight delay. If I had been Lincoln Park Elementary Schools. She be- call Vote No. 110 and ‘‘aye’’ on rollcall Vote present I would have voted ‘‘yea’’ on rollcall came principal at Taylor Elementary School in No. 111. No. 109, ‘‘yea’’ on rollcall No. 110 and ‘‘yea’’ 1971 after two years as the district’s Adminis- on rollcall No. 111. trative Supervisor of Elementary Education. f f Since then, Dee has earned a reputation as an innovative and effective educator, consist- HONORING THE MONTROSE SENIOR PERSONAL EXPLANATION ently implementing new teaching methods and CENTER helping her students to achieve high scores on HON. ROB PORTMAN assessment tests. HON. SCOTT McINNIS OF OHIO Dee also recognizes the critical role of pa- IN THE HOUSE OF REPRESENTATIVES rental and community involvement in a child’s OF COLORADO education, and works with the local PTA to or- IN THE HOUSE OF REPRESENTATIVES Tuesday, April 8, 2003 ganize volunteer programs at Taylor. As prin- Tuesday, April 8, 2003 Mr. PORTMAN. Mr. Speaker, on April 7, cipal, Dee plays a very active role in the lives 2003, I was unavoidably detained at a leader- of her students and faculty, spending her days Mr. MCINNIS. Mr. Speaker, I would like to ship meeting and missed the vote on rollcall in classrooms and on the playground rather take this opportunity to recognize the Senior No. 109 on H.R. 1055, the Roswell N. Beck than in the principal’s office. For her efforts, Center of Montrose, Colorado on the occasion Post Office Building Designation Act. Dee has earned numerous community honors, of its thirtieth anniversary. Since 1973, the Had I been present, I would have voted, most recently named a Woman of Distinction Senior Center has provided a place for seniors ‘‘yes.’’ by the Grand Junction American Business to gather, share a hot meal, and participate in f Women’s Association. a variety of group activities. The center plays Mr. Speaker, it is a great privilege to recog- a pivotal role in the Montrose community, and TRIBUTE TO THE TOLEDO-LUCAS nize Dee Crane for her service to Mesa Coun- today I would like to celebrate its anniversary COUNTY HEALTH DEPARTMENT ty Valley School District and to elementary before this body of Congress and this nation. education in Western Colorado. Dee is a guid- The Senior Center has grown and changed HON. MARCY KAPTUR ing force in the lives of her young students over the thirty years since it first offered a Val- OF OHIO and a dedicated leader of Taylor Elementary entine’s Day bingo game, finally establishing a IN THE HOUSE OF REPRESENTATIVES School. It is my great privilege to honor her permanent meeting place in 1990 with the today, and I wish her the best in all of her fu- Tuesday, April 8, 2003 opening of the Montrose Pavilion. The center’s ture endeavors. meal program has steadily grown, now serving Ms. KAPTUR. Mr. Speaker, Lucas County, f an average of 139 meals at the center and de- Ohio will celebrate Public Health Week April livering seventy-two more to homebound sen- 7–13, 2003. I am pleased to recognize the ef- TRIBUTE TO ERIC SCOTT RUSSELL iors every day. The senior recreation depart- forts of the Toledo-Lucas County Health De- ment offers about twenty-five classes a week, partment and its Public Health Planning Com- HON. STEPHANIE TUBBS JONES introducing seniors to computers, yoga, and oil mittee in its efforts to promote health edu- OF OHIO painting and offering events such as lectures cation for the citizenry of our region. IN THE HOUSE OF REPRESENTATIVES and sporting tournaments for over 1,500 par- The Toledo-Lucas County Health Depart- Tuesday, April 8, 2003 ticipants a month. In a rural community like ment provides a wide array of services, includ- Mrs. JONES of Ohio. Mr. Speaker, I rise to Montrose, the senior center provides an im- ing immunizations, AIDS/HIV counseling and recognize a great American youth, Eric Scott portant focal point for enhancing the lives of testing, specialty health clinics, wellness pro- Russell. Eric Scott Russell was born on May senior citizens, both physically and mentally. grams, outreach, and advocacy. It is the local 1, 1985 to Julie and Daryll Russell. Mr. Speaker, the Montrose Senior Center agency responsible for ensuring safe water and air, environmental services, food protec- The family is a member of St. Dominic par- has been providing many services crucial to ish where Eric attended elementary school. the local senior community for thirty years and tion, animal control, and health assessments of the people in Lucas County. Its staff, ad- His academic learning was broadened with his it shows no signs of slowing down. Its lon- attendance at University School, St. Ignatius gevity is admirable—a credit to its members ministration, and volunteers are committed to public service, and deeply dedicated to the High School and Charles Rush, where he was and the surrounding community. Today I to graduate June 2003. In addition to his would like to congratulate the Senior Center of promotion of public health and wellness. Celebrated in 46 states, Public Health Week schooling, Eric was an exceptional athlete in Montrose for its outreach to the senior citizen cross country track and field and football. community. is a coordinated effort to utilize the resources of the systems of public health to educate Eric had a desire to have a career in jour- nalism. As a result of his diligence and hard f people about a wide array of issues. This year’s effort focuses on weight and obesity. work, the Cleveland Plain Dealer and the PERSONAL EXPLANATION With two-thirds of adults overweight, and the Cleveland National Association of Black Jour- number of overweight children tripling in twen- nalists selected Eric to participate in a seven- ty years, Public Health Week 2003 urges week internship and seminar, where he was HON. JOSEPH M. HOEFFEL Americans to ‘‘shape up their future.’’ honored as ‘‘the most knowledgeable on cur- OF PENNSYLVANIA rent events’’. f IN THE HOUSE OF REPRESENTATIVES At his home going services, I read Eric HONORING DEE CRANE Scott Russell’s college entrance essay enti- Tuesday, April 8, 2003 tled, ‘‘Overcoming Adversity’’. It read: Mr. HOEFFEL. Mr. Speaker, unfortunately, I HON. SCOTT McINNIS Many people say that the adversity we face was absent for votes on Monday, April 7, in life can either make us or break us. Well, OF COLORADO it all depends on the way that you look at 2003, as a result of a medical procedure. Had IN THE HOUSE OF REPRESENTATIVES obstacles, placed in your path, and what you I been present, I would have cast my votes as Tuesday, April 8, 2003 learn as a result of going through them. I follows: Rollcall vote No. 111: ‘‘aye’’; rollcall have learned the true relevance of this for vote No. 110: ‘‘aye’’; and rollcall vote No. 109: Mr. McINNIS. Mr. Speaker, I would like to myself because of recent adversity that I ‘‘aye.’’ take this opportunity to recognize Dee Crane have faced. This adversity has taught me

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.023 E08PT1 E706 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2003 that you have to always work for your best during its brutal civil war from 1960 to 1996, the drug trade, and linked to growing rights and never settle for anything less because, which pitted leftist guerrillas against the mili- violations. even if you don’t deserve it, people will try tary and associated right-wing death squads. THE RETURN OF DEATH SQUADS to put you down and slight your name and An alarming escalation is now taking place not Rightist death squads have resurfaced, re- your character. If you haven’t made sure only in the country’s general level of violence, lying on an arsenal of tactics ranging from that you are at the top of your game, these death threats, to the intimidation of promi- attacks can break you. but also in the activity of death squads linked to the military. There has been an ominous in- nent political figures, judges, and human The obstacle that I was forced to face was rights activists, and political assassinations. racism. Racism is, unfortunately, a common crease in human rights violations. HIJOS, a These groups have committed numerous obstacle for African-American people, but humanitarian organization based in Guate- rights violations just within the past month. my situation was unique in that it allowed a mala, released a study on January 29 which On January 9, 2003, unidentified gunmen as- great number of people to learn of it. At the reported that 61 young people have been mur- sassinated the former congressional leader end of my junior year, a student who worked dered in Guatemala City during just the first 3 and head of the Christian Democrats, Jose as the sports editor of the school yearbook weeks of the new year. Lubon Dubon. A few weeks later, on January decided, for reasons I still do not know, to These covert paramilitary groups, which are 27, assailants attacked the opposition leaders deliberately and maliciously misrepresent of the National Unity for Hope (UNE) party, me in print. Instead of putting my name remnants of the anti-Communist military and civil institutions that existed during the coun- resulting in 5 injuries. Furthermore, the Su- under the Cross-Country Team picture, this preme Court of Guatemala recently revealed student editor put the slur ‘‘Blacky’’. The try’s bitter civil strife, have reemerged to pro- that more than 130 judges received death yearbook staff and faculty advisor submitted tect a burgeoning drug trade. threats since 2001. The majority of inter- then published the yearbook and it was dis- Guatemala’s government, led by President national and local observers attribute such tributed to the entire school. Alfonso Portillo, is hopelessly mired in corrup- activities to illegal arms groups. When I was confronted with what this boy tion, intertwined with illicit activity on the part High profile assassinations are not a new did it blew me away. I couldn’t understand of the military, and is complicit with the expan- phenomena in Guatemala, occurring in the why this had happened to me and it sent me thousands during the 1980s. Former foreign through a myriad of emotions. At first I was sion of the drug trade. Since Portillo took of- fice, drug seizures have decreased dramati- Minister Alberto Fuertes Mohr, Myrna confused, then anger set in to cloud my Mack, an anthropologist who investigated thinking even more. I was filled with self- cally. According to a 2001 United Nations Of- displaced indigenous populations during the pity and fear of what people might say or do. fice of Drug and Crime (UNODC) study, Gua- civil war, and Bishop Juan Gerardi, the head I worried what this boy’s hateful actions temala’s reported seizure of cocaine steadily of the Guatemalan Archdiocese who pub- would do to my future and there wasn’t increased from 956 kg in 1995 to 9,959 kg in lished a major Truth Commission study im- much anyone could say to make me feel any 1999. In 2000, however, the year after Portillo plicating the military in the vast majority of better. I had to sort it out on my own and took office, this trend reversed and the num- deaths during the war, were all murdered by come up with my own answers. clandestine groups due to their democratic Over time, and after much thought, I was ber plunged to 1,517 kg of cocaine. The country’s difficulties with drugs, corrup- standing. left with two realizations. The first did not Preliminary statistics recorded this year take me too long to reach. I decided that I tion, and human rights abuses are germane demonstrate an ominous increase in murder should not feel any self-pity because the slur because they jeopardize the White House’s rates compared to the already substantial did not reflect on my character, but rather plans for the development of a U.S.-sponsored levels over the past two years. HIJOS, a hu- on the character of the boy who did this to free-trade agreement with Central America. manitarian organization based in Guate- me. The second realization took much more The Bush administration, by decertifying Gua- mala, released a study on January 29 which time because of its importance and its im- temala but not suspending its $53 million in reported that 61 young people have been pact on my life. I realized that up to that aid, is purposefully misusing the decertification murdered in Guatemala City during just the point, I had not accomplished much in my process by sacrificing its war on drugs for a first 3 weeks of the new year. The report ex- high school career, and had not made a last- plains that ‘‘50 percent of the victims showed ing mark to show that the slur was not a re- potential trade accord, continuing aid to the a bullet wound to the head,’’ indicating that flection of who I am. I decided to remain at corrupt Portillo regime in order to maintain re- many were premeditated executions designed my high school and complete my senior year, lations with Guatemala at all costs. by organized groups. rather than allow the pain of racism to drive The following research memorandum was A NEW MOTIVATION AND PORTILLO’S COMPLICITY me away. I would face the racism and work authored by Jason Ballet, a research asso- Why have the death squads reemerged? The to correct it. I joined the ‘‘Project LOVE’’ ciate with the Washington-based Council on escalation of violence and the reintroduction student group to begin this task. Hemispheric Affairs (COHA), a nonpartisan, of death squads have accompanied an expan- Although the long-term ramifications of non-profit organization that has been long sion of the drug trade under the tenure of this one horrific event can never be specu- Portillo, beginning in December of 1999. The lated upon with accuracy or fully understood committed to addressing issues associated government is hopelessly mired in corrup- there are few things that I know for sure. I with democracy and human rights throughout tion and intertwined with illicit activity on know that our society often projects the the hemisphere. the part of the military. Both the military guilty behind a veil of obscurity while the GUATEMALA’S DRUG WOES AND THE MISUSE OF and government are complicit in protecting victim is hung out to dry. I know that there THE DRUG CERTIFICATION PROGRAM and expanding the drug trade in Guatemala, are poor people who will rush to defend, or (By Jason Ballet, Research Associate, from which they handsomely benefit. even worse, condone racism in our society. Council on Hemispheric Affairs) The illegal armed groups now being found But, I also know that I must show, by my In the past year, Guatemala has relapsed in Guatemala are in fact remnants of the deeds, that character and integrity mean into some of the same anarchic behavior it anti-Communist military and civil institu- something in this world, because I believe as demonstrated during its brutal civil war tions that existed during the country’s bitter professed by Mahatma Gandhi, that edu- from 1960 to 1996, which pitted leftist guer- civil strife of the 1980s. According to a 2002 cation without character is one of the seven rillas against the military and associated Canadian Disarmament Information Service deadly social sins in our society. I know that right-wing death squads. The latter groups (CANDIS) report, retired military officers my actions must reflect my beliefs and that were responsible for most of the 200,000 often transformed their entire units into my life must be a testimony to this fact. deaths that occurred during the conflict. An criminal enterprises. These former soldiers On behalf of the people of the 11th Con- alarming escalation is now taking place not possess intimate knowledge of the nation’s gressional District of Ohio and the United only in the country’s general level of vio- facilities that in the past were used in covert States Congress, I extend my sincere condo- lence, but also in the activity of death operations, such as secluded landing strips, squads linked to the military. These groups lences. and safe houses for the monitoring of local have reemerged with a new motivation—to populations. This knowledge, along with an f protect a burgeoning drug trade. By defer- easy access to weapons, has facilitated the ring to the military, a weak government led expansion of the drug trade and incidents of GUATEMALA by Alfonso Portillo is either unwilling or un- political intimidation, making attempts to able to halt rights violations and impede the restrain drug trafficking more difficult. HON. DENNIS J. KUCINICH now booming narcotics trade. The Bush ad- These tainted groups are capitalizing on ministration, by maintaining normal rela- the pivotal geographic location of Guate- OF OHIO tions with Guatemala through decertifying mala to advance the drug trade. Occupying IN THE HOUSE OF REPRESENTATIVES it but not suspending its $53 million in aid, the southern border of Mexico, it plays a Tuesday, April 8, 2003 is sacrificing the drug war in favor of culti- strategic role in trafficking and storing the vating a free trade agreement with Central cocaine being moved from South America to Mr. KUCINICH. Mr. Speaker, in the past America. Today, Portillo’s government more the United States. year, Guatemala has relapsed into some of closely resembles a ‘‘drugocracy’’ than a de- Many of these officials have a history of the same anarchic behavior it demonstrated mocracy; it is corrupt, an utter captive of human rights abuses. The United Nations

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A08AP8.028 E08PT1 April 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E707 Mission to Guatemala (MINIGUA) observed the prime factor in both rights violations Immediately following the attacks on our na- that ‘‘the army and former military officials and the drug trade. tion on September 11, 2001, members of the are all too often appointed to carry out and Furthermore, the drug traffickers and the Tennessee National Guard responded. Guard political figures that support the drug trade supervise strictly civilian work.’’ The cur- members secured airports and Tennessee rent president is a prote´ge´ of Efrain Rios give minimal credence to the decertification Montt, the former military dictator of the branding, as long as U.S. aid continues. Di- landmarks, refueled fighters for battle and pre- nation from 1982 to l983. The ex-general, who rectly following the announcement, congres- pared for deployment overseas. The 164th Air- now leads the nation’s congress, conducted sional leader Rios Montt declared the U.S.’s lift Wing from Memphis deployed four C-141 brutal genocide campaigns during the civil negative assessment as an ‘‘eminently polit- aircraft within 20 hours of the attacks. The war and many believe he still exerts enor- ical’’ maneuver that ‘‘seeks to affect the 118th Airlift Wing helped save the life of a mous influence on Portillo. Rios Montt’s government but will not have, from any small child on September 11th of that year by brother, Bishop Mario Rios Montt, became point of view, any social, economic, or finan- transporting a liver transplant from Nashville to the Catholic Church’s new head of its human cial repercussions.’’ Montt correctly, if inso- Texas. rights office after the murder of Bishop lently, affirms that there is essentially no Now, thousands of Tennessee’s National Gerardi. His appointment created a situation U.S. policy change towards Guatemala. As a Guard troops are again answering the call to result, government activity, including its of a radical conflict of interests; Mario Rios duty, leaving their families, homes and jobs to Montt’s job is to investigate the same rights corrupt practices and complicit actions with organized crime, will continue unimpeded. serve our country in its time of need. violations for which his own brother was al- Mr. Speaker, I hope you will join me in hon- legedly responsible while he ruled. Guatemala’s difficulties with drugs, cor- Portillo has done little to discourage the ruption, and rights abuses are germane be- oring the thousands of Tennessee volunteers expansion of the illicit drug trade. Since he cause they jeopardize the White House’s who are serving our country honorably as took office, drug seizures have decreased dra- plans for the development of a U.S. spon- members of the Tennessee National Guard. matically. According to a 2001 United Na- sored free-trade agreement with five Central f tions Office of Drug and Crime (UNODC) American nations: El Salvador, Costa Rica, study, Guatemala’s reported seizure of co- Nicaragua, Honduras, and Guatemala. The PAYING TRIBUTE TO CLAUS HUME caine steadily increased from 956 kg in 1995 U.S. would be hard put to exclude Guatemala to 9,959 kg in 1999. In 2000, however, the year from the potential arrangement because it is HON. SCOTT McINNIS after Portillo took office, this trend reversed Central America’s most populated nation OF COLORADO and the number plunged to 1,517 kg of and is critical to making any free-trade pact IN THE HOUSE OF REPRESENTATIVES cocaine. a success. Tuesday, April 8, 2003 A corrupt anti-narcotics police force is The Bush administration is purposefully partially culpable. The scope of the problem, misusing the decertification process by sac- Mr. MCINNIS. Mr. Speaker, I would like to however, extends beyond this inadequate rificing its war on drugs for a potential trade take this opportunity to pay tribute to Claus anti-narcotics unit, penetrating deep within agreement, continuing aid to the corrupt Hume and thank him for his extraordinary con- Portillo’s complicit, corrupt administration. Portillo regime in order to maintain rela- tributions to Colorado. Judge Hume is officially Gabriel Aguilera, Guatemala’s vice minister tions with Guatemala at all costs. retiring as the Chief Judge of the Colorado of foreign relations, as cited by the Wash- WHAT TO DO Court of Appeals, and today I would like to ington Times on January 31, stated that his Cleaning up Guatemala demands not only own government ‘‘hasn’t yet achieved a con- honor his long and distinguished career of the accountability on the part of the Guate- service to his community before this body of trol of the criminal organizations that are malan government, but the moral fortitude behind these illegal activities.’’ Many specu- Congress and this nation. of U.S. authorities to suspend all aid to that Judge Hume’s legal career has spanned late, including some senior U.S. officials, country, if need be. Despite potential eco- that Portillo’s acknowledged failure to curb three decades. After a brief stint as a photog- nomic gains, the U.S. cannot establish a free rapher, he graduated from the University of the drug trade is no accident and is due to trade pact with Central America until Gua- his links to criminal organizations. Otto temala reforms and becomes a sound invest- Colorado law school in 1965 and moved to Reich, the former Assistant Secretary of ment, both financially and morally. Guate- Craig, Colorado, where he began his career State for the Western Hemisphere who now mala should serve as a warning to Wash- and started a family. One of few lawyers in has shifted to the National Security Council ington as well as to the rest of Latin Amer- Craig, Judge Hume began working for the (NSC), testified before a House sub- ica of the increasing power and influence of local prosecutor’s office and was elected Dis- committee in October 2002 that since the drug trade and its implications on vul- trict Attorney in 1972, serving for two years Portillo has taken office, ‘‘narcotics traf- nerable governments throughout the region. ficking and alien smuggling are on the rise. until he was appointed to a district court Some of the leaders of these activities have f judgeship. He served on the 14th Judicial Dis- very close ties to the highest levels of gov- HONORING TENNESSEE’S NA- trict bench for thirteen years, until he received ernment and regularly influence decisions, TIONAL GUARD TROOPS FOR his appointment to the Colorado Court of Ap- especially with respect to personnel nomina- SERVICE TO OUR NATION peals in 1988. Judge Hume’s service to Colo- tions in the military and the ministry of rado is a credit to our state and I am grateful government.’’ for his dedication to justice for all Coloradans. DECERTIFYING GUATEMALA HON. JOHN S. TANNER Mr. Speaker, Claus Hume is an exemplary On January 31, President Bush decertified OF TENNESSEE servant to his community and to the State of Guatemala, declaring it, along with Haiti IN THE HOUSE OF REPRESENTATIVES Colorado, and it is with great pride that I rec- (which hardly deserved such treatment) and Tuesday, April 8, 2003 ognize his career before this body of Con- Burma, to be ‘‘demonstrably failing’’ in the gress and this nation. Judge Hume’s presence Mr. TANNER. Mr. Speaker, I rise today to past 12 months in their anti-drug efforts. Es- in the courtroom will be greatly missed tablished in 1986 by Congress, the drug cer- commend the thousands of men and women throughout the state, and I would like to ex- tification program annually evaluates who serve in the Tennessee National Guard, tend to him my congratulations on his retire- whether a foreign nation is cooperating with many of whom have dutifully answered the Washington in its international war on ment and wish him the best in his future en- call to serve our country in this time of war. deavors. drugs. If decertified, the U.S., according to In Tennessee, we have always been proud the program, should have suspended the $3.5 f million it contributes to Guatemala’s of our strong volunteer spirit, made famous antinarcotics unit and close to $50 million in when volunteers from Tennessee traveled with COMMENDING THE GILES COUNTY general assistance it sends annually to the Davy Crockett in 1836 to defend the Alamo in HIGH SCHOOL BOYS BASKET- nation. Texas’ fight for independence. Today, the vol- BALL TEAM The suspensions of Guatemala, Haiti, and unteer spirit is still alive, and one fine example Burma, however, were more empty and sym- is in the more than 14,000 men and women HON. LINCOLN DAVIS bolic than meaningful policy formulations. OF TENNESSEE Burma receives no U.S. aid and President who serve in the Tennessee Army National IN THE HOUSE OF REPRESENTATIVES Bush granted Guatemala and Haiti vital na- Guard and Tennessee Air National Guard, tional interest waivers, which allows for, de- under the leadership of Tennessee Adjutant Tuesday, April 8, 2003 spite decertification, the continuation of General Gus Hargett. Mr. DAVIS of Tennessee. Mr. Speaker, I U.S. aid to each designated country. I have had the privilege of working along- wish to recognize the Giles County High While a strong case can be made for Haiti’s side Tennessee National Guard members dur- School boy’s basketball team, who recently waiver on humanitarian grounds (because of ing my 26 years in the Tennessee Army Na- the impact on that beleaguered island of be- won the Tennessee Class AA championship. nighted U.S. policies), no such case can be tional Guard. I know from working with these This is the first such championship for the made for the continuation of aid to Guate- men and women that their dedication to Ten- boy’s basketball team in school history. mala. Unlike the latter, Haiti does not have nessee and to our nation is unequaled. That I want to commend this team not only for death squads, a president who is indifferent dedication has been proven time and time winning the championship, but the fashion in to drug trafficking, or a military which is again. which they accomplished this great feat. They

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.032 E08PT1 E708 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2003 never reached for individual awards and rec- raised for years and the decline of the stock Through my involvement with the IBM cash ognition, as often is the case in today’s soci- market has devastated the retirement plans for balance conversion, I have heard from thou- ety. They worked together as a cohesive unit millions of workers. And now, on top of all of sands of workers throughout the country who to accomplish something greater than any in- that, the Bush administration and corporate have expressed their anger, their disappoint- dividual award, and as a result they are all America and the CEOs who receive com- ment, and feelings of betrayal by cash balance champions. During their championship run pensation packages are attempting to destroy conversions. These are employees who had they displayed values and character that we the pensions that have been promised to mil- often stuck with their companies when times as Americans hold so dear. They were deter- lions of American workers. were tough. These were employees who had mined, worked hard, showed heart, displayed In response, I am introducing the Pension often stayed at their jobs precisely because of teamwork, and were consummate sportsman. Benefits Protection Act to protect the pensions the pension program that the company of- I would also like to take this time to applaud of American workers with 117 original co- fered. And, these are the same employees the local community which rallied around the sponsors. This legislation has been endorsed who woke up one day to discover that all of team. I must say that I am extremely proud to by the AARP representing more than 35 mil- the promises that their companies made to represent a group of people who still hold fam- lion Americans, the AFL–CIO representing them were not worth the paper they were writ- ily values and a sense of community in such more than 13 million American workers, the ten on. high regards. Pension Rights Center and the Communica- Instead of providing protections for these Mr. Speaker, I hope that you will join me in tion Workers of America. I have attached the workers, President Bush has proposed regula- saluting the fine group of talented young men statements of David Certner, AARP Director of tions on cash balance plans that would dev- from Giles County, Tennessee. These young Federal Affairs, and Richard Trumka, Sec- astate the traditional pension benefits of mil- men show maturity beyond their years, and retary Treasurer at the AFL–CIO, in support of lions of employees in large companies represent what is good with our country’s this legislation for inclusion in the CONGRES- throughout the United States. youth. SIONAL RECORD. The White House policy on cash balance Those of us in Congress who care about f pension plans is a direct assault on the retire- this issue, along with the grass roots organiza- ment plans of millions of American workers. IN RECOGNITION OF THE DISTIN- tions, will do everything we can to see that Hundreds of companies all across America GUISHED ALUMNI OF ASBURY workers in America do not see their pensions have already reneged on the retirement prom- PARK HIGH SCHOOL slashed by up to 50 percent as a result of ises they made to their employees by switch- cash balance conversions. ing to cash balance pension plans. If the The Pension Benefits Protection Act re- White House proposal is aloud to stand, it will HON. FRANK PALLONE, JR. quires the Department of Treasury to withdraw give the green light to hundreds more—result- OF NEW JERSEY proposed cash balance conversion regulations ing in financial disaster for workers all across IN THE HOUSE OF REPRESENTATIVES that would give companies the green light to the country who will not be receiving the pen- Tuesday, April 8, 2003 violate the pension age discrimination laws sions they were promised. that are on the books. The legislation would Mr. PALLONE. Mr. Speaker, I would like to Of the 44 million Americans with traditional also require companies that convert to cash call the attention of my colleagues to a num- defined benefit plans, some 8 million employ- balance plans to allow older workers and ber of people I am proud to represent from the ees with $334 billion in pension fund assets those with at least 10 years on the job the sixth district of New Jersey. On Friday, April have been impacted by cash balance pension choice to remain in their traditional pensions. 11th, 2003, Asbury Park High School will in- Specifically, this legislation does 2 things: conversions. According to the General Ac- duct its first class of distinguished alumni into First, it requires companies that convert to counting Office, older employees can have its Hall of Fame. These individuals are being cash balance plans to allow workers who are their pensions slashed by up to 50 percent by honored for their commitment to the mission of at least 40 years old or have at least 10 years a cash balance scheme. Asbury Park High, which is to promote the of service the choice to remain in the tradi- The Equal Employment Opportunity Com- educational, physical, and social well being of tional defined benefit pension plan that was mission has received over 1,000 age discrimi- children of Asbury Park. In their own way, promised to them when they started working nation complaints from workers in over 30 dif- each of these extraordinary people have en- for the company. In other words, they cannot ferent companies who have been negatively couraged and inspired the students of Asbury be forced into an inferior plan. impacted by these schemes. Park to strive for excellence, and become our When a company makes a promise to its According to the Labor Department’s In- future leaders and role models. employees regarding their pension benefits, it spector General, companies that have con- Mr. Speaker, on this day I ask my col- must not be able to pull the rug out from verted to a cash balance scheme are illegally leagues to rise in honor of these unique indi- under its employees by cutting their pension slashing the pension benefits of their employ- viduals for the invaluable services that they benefits in mid-stream. Companies receive ees by as much as $199 million each and provide to their community: some $100 billion in tax incentives to set up every year. Even worse, the Inspector General Mr. Joseph Agris, Mr. C Regan Almonor, these pension plans. Given that reality, Con- found that the Federal Government was not Esq., Mr. Frank Buddy, Ms. Judith Coleman, gress must allow older workers or those with enforcing the pension laws and regulations Mr. James Coleman, Mr. John Hayes, III, at least 10 years of service the option to re- that are on the books when companies shift to M.D., Mr. Lorenzo W. Harris, Jr., M.D., Dr. main in their traditional defined benefit pension cash balance. Benjamin Moffett, Mr. Jules Plangere, Jr., Mr. plan. The courts have ruled that Xerox, Georgia Joseph Reed, Jr., Dr. Phillip Schien, M.D., Mr. Secondly, this legislation requires the Bush Pacific and the Bank of Boston illegally Thomas Schebell, Jr., Mr. Stanley Smith, Esq., administration to immediately withdraw all of slashed over $300 million in pension benefits Mr. Thomas Smith, Sr., Mr. Thomas Smith, their proposed cash balance pension regula- of more than 20,000 employees by converting Jr., Ms. M. Monica Sweeney, Mr. Carl Wil- tions that, if finalized, would give companies to a cash balance plan. liams, and Mr. Melvin Wilmore. the green light to commit age discrimination Last July, 308 Members of Congress voted f against older workers by converting to cash in favor of an amendment that I offered to pro- balance schemes. Just yesterday, the Treas- hibit the IRS from using any funds that are in INTRODUCTION OF THE PENSION ury Department withdrew a portion of the pro- violation of the pension age discrimination BENEFITS PROTECTION ACT posed regulations dealing with highly com- laws that are on the books when companies pensated employees. While, in my view, this is shift to cash balance schemes. HON. BERNARD SANDERS a step in the right direction, the Administration According to the President’s spokesman Arl OF VERMONT must go further and withdraw all of these pro- Fleischer, criticisms that cash balance plans IN THE HOUSE OF REPRESENTATIVES posed regulations, and require all companies hurt older workers are ‘‘not valid.’’ that convert to cash balance plans to protect Well, tell that to Larry Cutrone, a 54-year- Tuesday, April 8, 2003 older workers. We do not tolerate discrimina- old employee from New Jersey, who worked Mr. SANDERS. Mr. Speaker, today, all tion against workers based on race, based on for AT&T for 28 years, who woke up one day across this country, American workers and the gender and based on other criteria, and we to find that his pension had been slashed by middle class are under severe attack. Unem- will not tolerate discrimination based on age. over 50 percent as a result of a cash balance ployment is rising, our manufacturing base is Last January, in a letter to the President, 217 conversion. collapsing, health care costs for workers are Members from both the House and the Senate Tell that to House Majority Leader TOM soaring, the minimum wage has not been made that very clear. DELAY, Speaker of the House DENNIS

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HASTERT, or Rep. ROB PORTMAN. According to The HART program has been recognized as visits VA hospitals, nursing homes, law en- the Congressional Research Service, they one of the top downpayment programs in the forcement agencies, and hospitals to distribute would have their pensions slashed by as country. The HART program has helped gifts and goodwill. The Legion has even much as 69 percent under cash balance 40,000 families who rent across the country adopted an indilgent individual at the plans. realize their dream of becoming a homeowner. Murfreesboro Tennessee VA, where they send During the next debate on pension legisla- The American Dream Downpayment Act will him a quarterly check to help defray the costs tion, I will be asking my colleagues in the complement the tremendous work programs of personal items, as well as gifts, snacks, and House, if cash balance plans are good enough such as HART are doing to help build commu- cards throughout the year. for workers, why aren’t they good enough for nities. I urge my colleagues to make the Mr. Speaker, the tireless and unselfish ac- Members of Congress? dream of homeownership a reality for even tivities of those involved with the American Le- The answer to that question, of course, is more Americans by supporting this legislation. gion Auxiliary Unit 146 in Loretto Tennessee, that cash balance pension conversions are not f is truly commendable. I hope you will join me good for older workers. They need to be given in saluting this outstanding organization and a choice. IN RECOGNITION OF MR. CARL all that they do. WILLIAMS f f H.R. 1276: AMERICAN DREAM HON. FRANK PALLONE, JR. TRIBUTE TO SPECIALIST MATHEW DOWNPAYMENT ACT G. BOULE, UNITED STATES ARMY OF NEW JERSEY HON. GARY G. MILLER IN THE HOUSE OF REPRESENTATIVES HON. MARTIN T. MEEHAN Tuesday, April 8, 2003 OF MASSACHUSETTS OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. PALLONE. Mr. Speaker, I rise up today to honor a friend of the Sixth District of New Tuesday, April 8, 2003 Tuesday, April 8, 2003 Jersey, Mr. Carl Williams, a resident of Asbury Mr. MEEHAN. Mr. Speaker, I rise to pay Mr. GARY G. MILLER of California. Mr. Park. On Friday, April 11, 2003 Mr. Williams tribute to United States Army Specialist Speaker, we all know that home equity appre- will be inducted into the Asbury Park High Mathew G. Boule, 22, who died on April 2 in ciation is one of the most important drivers of School Hall of Fame as a member of its first service to his country. wealth creation in the United States. By help- class of distinguished alumni. He is receiving Mathew Boule was a resident of a commu- ing people become homeowners, we promote this award for his untiring commitment to unit- nity in my district, Dracut, Massachusetts, who long-term economic stability for our Nation. It ing his community in celebration of its was serving with the armed forces deployed is for this reason that I rise today to urge my achievements. as part of Operation Iraqi Freedom. Mathew colleagues to cosponsor H.R. 1276, the Amer- Mr. Williams grew up in the beach side town Boule was the first confirmed casualty of the ican Dream Downpayment Act. This important of Asbury Park, and has been a resident ever conflict from the state of Massachusetts. legislation sets first-time, low-income home- since. Today Mr. Williams is the owner of a After graduating from high school, Mathew buyers on the path to homeownership by pro- successful clothing store and has proven him- Boule signed up for a five-year Army tour. He viding help with downpayments and closing self as an accomplished businessman. Mr. learned discipline and the value of camara- costs. Williams has been witness to many changes, derie during his tour of duty, and was proud to One of the primary barriers to achieving the both positive and negative, to the city of As- tell his family of his plans to someday pilot ‘‘American Dream’’ of homeownership for low- bury Park. Yet, his commitment to this com- military planes. and moderate-income people is the lack of ac- munity has never wavered and to this day he Mathew Boule’s parents Leo and Sue are cumulated wealth and disposable income. continues to serve his hometown and fellow proud of their son, not just for the supreme Downpayments and closing costs are tradition- citizens. sacrifice he paid on behalf of his country, but ally the most significant obstacles that would- Mr. Williams is being honored by his com- for the time he shared with them during his be homebuyers face. munity for advancing the educational, physical life. Sue Boule eagerly and happily boasts of In order to accumulate enough to cover and social well being of the children of Asbury her son’s generosity. ‘‘The kind of kid who downpayment and closing costs, households Park. Through his work in the community, Mr. would give you the shirt off his back,’’ she must consume less and save more or receive Williams has encouraged the youth of Asbury fondly recalls. His giving of his life, along with assistance from relatives or other benefactors. Park to strive for excellence and become our the other brave soldiers who have lost their With rent prices skyrocketing, it is very difficult future leaders and role models. He is truly an lives so far in this conflict, has contributed im- for a family to have enough money leftover for inspiration. mensely to the freedom and security of the a downpayment after paying for basic needs Mr. Speaker, through his tireless efforts, United States, Iraq, and the world. such as shelter, health care and food. This bill Carl Williams has fostered a sense of commu- In Mathew’s honor, his parents continue attempts to assist those who have not been nity and strived to help those less fortunate their efforts to collect care packages for their able to save enough money upfront but who than himself Mr. Williams, is an extraordinary son’s unit, a project which has both mobilized are earning enough to make the monthly mort- individual who is dedicated to enriching the and unified his hometown. gage payments. lives of those around him and on this day I Mathew was a proud member of the United Downpayment assistance programs are would like to ask my colleagues to join me in States army, a loving son and brother. proven successful in expanding homeowner- honoring the distinguished Carl Williams. Mathew Boule served his family, his home- town, and his country, valiantly and faithfully. ship opportunities for low- and moderate-in- f come families. And the truth is, the private Specialist Boule died serving the country he sector has been working, without government COMMENDING THE ACTIVITIES OF loved, with comrades he loved and with the intervention, to assist individuals and families THE AMERICAN LEGION AUXIL- love of his family in his heart. Our nation is who lack the necessary funds for downpay- IARY UNIT 146 IN LAWRENCE humbled and grateful for his sacrifice. ment and other related costs become home- COUNTY, LORETTO, TENNESSEE Mr. Speaker, it is appropriate at this time we owners. recognize Specialist Mathew G. Boule, United I would like to talk about one such program, HON. LINCOLN DAVIS States Army, who gave his life in service to his country. based in Rancho Cucamonga, CA. The Hous- OF TENNESSEE f ing Action Resource Trust (HART) was estab- IN THE HOUSE OF REPRESENTATIVES lished in 1995 and began its Downpayment Tuesday, April 8, 2003 A SALUTE TO JOHN ANDREW Assistance Program in July of 1998. HART is MARTIN an established non-profit housing organization Mr. DAVIS of Tennessee. Mr. Speaker, I with a proven track record. The HART pro- wish to recognize and commend the activities gram has partnered with builders and listing of the American Legion Auxiliary Unit 146 in HON. EDDIE BERNICE JOHNSON OF TEXAS agents to assist prospective homebuyers Loretto, Tennessee. This fine organization IN THE HOUSE OF REPRESENTATIVES across the nation who qualify for a first mort- really believes in helping Veterans, children, gage loan, but fall short of the downpayment and the community in every way they can. Tuesday, April 8, 2003 and other closing costs essential in purchasing During the Holiday Season, and throughout Ms. EDDIE BERNICE JOHNSON of Texas. a home. the year, this active Veteran’s Organization Mr. Speaker, it is a great honor for me to pay

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.037 E08PT1 E710 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2003 tribute to one of Dallas’ truly outstanding citi- U.S. vs. Cecil Price et al. The trial that fol- est honor the Pulitzer Prize for breaking news, zens. As the Dallas Lawyers Auxiliary gathers lowed was a milestone in the civil rights era. for its coverage of four young children from tomorrow to give John Andrew Martin its 21st Thirty six years ago, a Justice Department Lawrence, Massachusetts who drowned in the Justinian Award for his volunteer work, I would team led by Attorney General John Doar and Merrimack River earlier this year. like to take a moment to reflect on the Mr. Martin prosecuted eighteen Klan conspira- The tragedy was one of the worst on the achievements of this exceptional individual. tors, including the Sheriff and Deputy Sheriff Mr. Martin was born and raised in seg- Merrimack River in the last century. Three of Philadelphia, Mississippi, for violating the young boys, ages 7, 8, and 9 attempted to regated Birmingham, Alabama. From 1962 to civil rights of the three young civil rights work- 1964, Mr. Martin was an attorney with the Civil save their friend, age 11, who had fallen ers: James Chaney, Michael Schwerner, and through the thin ice. All four young boys died. Rights Division of the United States Depart- Andrew Goodman. Despite facing an all-white ment of Justice where he helped enforce the jury and a segregationist judge, the legal team Just as these children, so young and inno- Voting Rights Act and other civil rights laws. which Mr. Martin was part of succeeded in cent, acted upon their first instinct, which was He has a broad legal practice which in- winning the first convictions ever recorded in a to help their friend, so did the Eagle Tribune cludes experience in hospital and health care civil rights case in Mississippi. reach out to help their community by reporting law; administrative law; general business liti- The film ‘‘Mississippi Burning’’ portrayed this story not only with accuracy and depth, gation, including appellate work. those outstanding Americans who have dedi- but also with compassion and justice. Ex- Mr. Martin’s administrative law experience cated their lives to the defense of our civil pressing their commitment to preventing future spans more than 20 years, and includes par- tragedies on the River, the Eagle Tribune do- ticular experience in utility regulation. He has rights. Mr. Martin and his colleagues partici- nated their Pulitzer Prize cash award to a fund been involved in major rate cases, certification pated in the Civil Rights Movement, under- established to aid the families of the victims proceedings, and show cause hearings before standing that there was a danger to their own the Public Utility Commission. lives. and to the Boys & Girls Club of Greater Law- For over 20 years, he has served as gen- Mr. Speaker, I ask my colleagues in the rence. eral counsel to a tertiary care pediatric hos- House of Representatives to join me in ex- As Eagle Tribune publisher Irving ‘‘Chip’’ pital and has had involvement in all aspects of tending my appreciation to John Andrew Mar- Rogers III said, ‘‘The job of a newspaper is to its operation, including financing, Medicaid- tin for over four decades of service to the peo- get the news and publish it instantly, but in Medicare issues, physician credentialing, med- ple of Dallas, Texas and this nation. Congratu- doing so we are not immune from its heart- ical malpractice insurance issues, equipment lations, Mr. Martin and best wishes for future break.’’ Indeed, the reporters and staff of the financing, and environmental issues, to name successes. Eagle Tribune, led by metro editor Gretchen a few. f Putnam, with reporters Jim Patten, O’Ryan His litigation experience is equally broad TRIBUTE TO PULITZER PRIZE WIN- Johnson, and Jason Grosky, covered the story and he is certified as a civil trial lawyer. This with a deep sense of grief and regret felt by experience includes securities litigation, gen- NING EAGLE TRIBUTE NEWS- PAPER—LAWRENCE, MA both the reporters and the community, while eral business litigation, and condemnation and maintaining a stunning truthfulness. eminent domain proceedings and will contests. He appellate practice has occurred before the HON. MARTIN T. MEEHAN The Eagle Tribune produced excellence at a United States Court of Appeals for the Fifth OF MASSACHUSETTS time when our communities depend on fair Circuit and in Texas Appellate Courts. IN THE HOUSE OF REPRESENTATIVES and accurate news coverage more than ever. Throughout the years, Mr. Martin has The paper and its reporters are to be com- Tuesday, April 8, 2003 served various civic boards including the mended not only for their excellence in jour- YMCA of Metropolitan Dallas and the Chil- Mr. MEEHAN. Mr. Speaker, I rise today to nalism and professionalism, but also for their dren’s Medical Center. congratulate the Eagle Tribune, a newspaper compassion and generosity in the face of trag- Mr. Speaker, significantly I want to honor in Lawrence, Massachusetts. This week the edy. They are role models for all of us in pub- Mr. Martin, for his courageous work in the Eagle Tribune was awarded journalism’s high- lic service.

VerDate Jan 31 2003 04:54 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.041 E08PT1 Tuesday, April 8, 2003 Daily Digest Senate Thomas Waters Grant, of New York, to be a Di- Chamber Action rector of the Securities Investor Protection Corpora- Routine Proceedings, pages S4919–S4995 tion for a term expiring December 31, 2005. Measures Introduced: Eighteen bills and five reso- Noe Hinojosa, Jr., of Texas, to be a Director of lutions were introduced, as follows: S. 808–825, S. the Securities Investor Protection Corporation for a Res. 107–110, and S. Con. Res. 34. Pages S4957–58 term expiring December 31, 2006. (Reappointment) Measures Reported: William Robert Timken, Jr., of Ohio, to be a Di- rector of the Securities Investor Protection Corpora- Report to accompany S. 380, to amend chapter 83 tion for a term expiring December 31, 2003. of title 5, United States Code, to reform the funding of benefits under the Civil Service Retirement Sys- William Robert Timken, Jr., of Ohio, to be a Di- tem for employees of the United States Postal Serv- rector of the Securities Investor Protection Corpora- tion for a term expiring December 31, 2006. (Re- ice. (S. Rept. No. 108–35) Page S4957 appointment) Measures Passed: Alfred Plamann, of California, to be a Member of Honoring Mary Jane Jenkins Ogilvie: Senate the Board of Directors of the National Consumer agreed to S. Res. 110, honoring Mary Jane Jenkins Cooperative Bank for a term of three years. Ogilvie, wife of former Senate Chaplain, Reverend Allen Garber, of Minnesota, to be United States Dr. Lloyd John Ogilvie. Pages S4975, S4994–95 Marshal for the District of Minnesota for the term CARE Act: Senate began consideration of S. 476, to of four years. provide incentives for charitable contributions by in- Raul David Bejarano, of California, to be United dividuals and businesses, to improve the public dis- States Marshal for the Southern District of California closure of activities of exempt organizations, and to for the term of four years. Pages S4994, S4995 enhance the ability of low-income Americans to gain Messages From the House: Page S4954 financial security by building assets, agreeing to the Measures Referred: Page S4955 following amendment proposed thereto: Pages S4955–57 Pages S4930–49, S4975–81 Executive Communications: Grassley/Baucus Amendment No. 526, to provide Additional Cosponsors: Page S4958 a manager’s amendment. Pages S4939–49 Statements on Introduced Bills/Resolutions: A unanimous-consent agreement was reached pro- Pages S4958–75 viding for further consideration of the bill at 11:30 Additional Statements: Pages S4953–54 a.m., on Wednesday, April 9, 2003. Page S4995 Nomination Considered: Senate continued consid- Amendments Submitted: Pages S4975–81 eration of the nomination of Priscilla Richman Notices of Hearings/Meetings: Page S4981 Owen, of Texas, to be United States Circuit Judge Authority for Committees to Meet: Page S4981 for the Fifth Circuit. Pages S4922–30, S4949 Privilege of the Floor: Page S4982 Nominations Confirmed: Senate confirmed the fol- Text of S./H.R. 1559 (text of S. 762), as Pre- lowing nominations: viously Passed: Pages S4982–94 Noe Hinojosa, Jr., of Texas, to be a Director of the Securities Investor Protection Corporation for a Adjournment: Senate met at 10 a.m., and ad- term expiring December 31, 2003. journed at 6:44 p.m., until 10 a.m., on Wednesday,

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VerDate Jan 31 2003 04:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP3.REC D08AP3 D364 CONGRESSIONAL RECORD — DAILY DIGEST April 8, 2003 April 9, 2003. (For Senate’s program, see the re- DEFENSE AUTHORIZATION: HOMELAND marks of the Acting Majority Leader in today’s DEFENSE Record on page S4995.) Committee on Armed Services: Committee concluded hearings to examine proposed legislation authorizing funds for fiscal year 2004 for the Department of De- Committee Meetings fense and the Future Years Defense Program, focus- (Committees not listed did not meet) ing on homeland defense, after receiving testimony from Paul McHale, Assistant Secretary of Defense for HIV/AIDS/SARS Homeland Defense; General Ralph E. Eberhart, USAF, Commander, North American Aerospace De- Committee on Appropriations: Subcommittee on Labor, fense Command, and United States Northern Com- Health and Human Services, and Education, and Re- mand; and Admiral James O. Ellis, USN, Com- lated Agencies concluded hearings to examine the mander, United States Strategic Command. global AIDS crisis and the recent emergence of Se- vere Acute Respiratory Syndrome, after receiving tes- DEFENSE AUTHORIZATION: STRATEGIC timony from Julie Gerberding, Director, Centers for FORCES Disease Control and Prevention, Elias Zerhouni, Di- Committee on Armed Services: Subcommittee on Stra- rector, National Institutes of Health, and Anthony S. tegic Forces concluded open and closed hearings to Fauci, Director, National Institute of Allergy and In- examine proposed legislation authorizing funds for fectious Diseases, all of the Department of Health fiscal year 2004 for the Department of Defense, fo- and Human Services. cusing on strategic forces and policy, after receiving testimony from Linton F. Brooks, Acting Adminis- APPROPRIATIONS: NIH trator, and Everet H. Beckner, Deputy Adminis- Committee on Appropriations: Subcommittee on Labor, trator, Defense Programs, both of the National Nu- Health and Human Services, and Education, and Re- clear Security Administration, Department of En- lated Agencies concluded hearings to examine pro- ergy; Admiral James O. Ellis, Jr., USN, Com- posed budget estimates for fiscal year 2004 for the mander, United States Strategic Command; Rear Ad- National Institutes of Health, after receiving testi- miral Charles B. Young, USN, Director, Strategic mony from Elias Zerhouni, Director, National Insti- Systems Programs, Department of the Navy; and tutes of Health, Department of Health and Human Brigadier General Robert L. Smolen, USAF, Direc- Services. tor, Nuclear and Counterproliferation, Office of the Deputy Chief of Staff for Air and Space Operations. APPROPRIATIONS: SEC REAL ESTATE SETTLEMENT PROCEDURES Committee on Appropriations: Subcommittee on Com- ACT merce, Justice, State, and the Judiciary, and Related Committee on Banking, Housing, and Urban Affairs: Agencies concluded hearings to examine proposed Committee concluded hearings to examine the im- budget estimates for fiscal year 2004 for the U.S. Se- pact of the proposed Real Estate Settlement Proce- curities and Exchange Commission, after receiving dures Act Rule on small business and consumers to testimony from William H. Donaldson, Chairman, simplify and improve the process of obtaining home U.S. Securities and Exchange Commission. mortgages, and to reduce settlement costs for con- sumers, focusing on clarifying difficult rules and reg- BUDGET: EMERGENCY PREPAREDNESS ulations that pose unnecessary legal risks and serve AND RESPONSE to trump operational efficiencies that could stream- Committee on Appropriations: Subcommittee on Home- line the mortgage process, after receiving testimony land Security concluded hearings to examine the pro- from Representative Manzullo; Charles J. Kovaleski, posed budget estimates for fiscal year 2004 for American Land Title Association, Margot Saunders, Emergency Preparedness and Response, focusing on National Consumer Law Center, on behalf of the America’s disaster response capabilities, pharma- Consumer Federation of America, Consumers Union, ceutical and vaccine stockpiles, assisting all levels of and U.S. Public Interest Research Group, and Ira government, first responses, volunteer groups, and Rheingold, National Association of Consumer Advo- the public in meeting emergency challenges, and cates, all of Washington, D.C.; Gary E. Acosta, SDF maintaining public information programs, after re- Realty, San Diego, California, on behalf of the Na- ceiving testimony from Michael Brown, Under Sec- tional Association of Hispanic Real Estate Profes- retary of Homeland Security for the Emergency Pre- sionals; Catherine Whatley, National Association of paredness and Response Directorate. Realtors, Chicago, Illinois; John Courson, Central

VerDate Jan 31 2003 04:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP3.REC D08AP3 April 8, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D365 Pacific Mortgage Company, Folsom, California, on Corporation and related entities, after receiving testi- behalf of the Mortgage Bankers Association of Amer- mony from Mary M. Schmitt, Acting Chief of Staff, ica; Neill Fendly, National Association of Mortgage Joint Committee on Taxation; Pamela F. Olson, As- Brokers, McLean, Virginia. sistant Secretary of the Treasury for Tax Policy; TAXATION OF DIVIDENDS Charles E. Essick, Towers Perrin, Houston, Texas; Kathryn J. Kennedy, John Marshall Law School, Committee on Commerce, Science, and Transportation: Sub- Chicago, Illinois; and Bruce J. McNeil, Dorsey and committee on Consumer Affairs and Product Safety Whitney LLP, Minneapolis, Minnesota. concluded hearings to examine the President’s pro- posal to eliminate the double taxation of dividends, NATO ENLARGEMENT focusing on its impact on corporate governance, in- Committee on Foreign Relations: Committee concluded vestment efficiency, productivity, job creation, and hearings to examine North Atlantic Treaty Organi- economic growth, after receiving testimony from zation (NATO) enlargement, after receiving testi- Peter R. Fisher, Under Secretary of the Treasury for mony from Marc I. Grossman, Under Secretary of Domestic Finance; Charles Elson, University of Dela- State for Political Affairs; General Wesley K. Clark, ware, Newark; Elizabeth W. Bull, Texas Instruments USA (Ret.), Wesley Clark and Associates, Little Inc., Dallas; John W. Rowe, Exelon Corporation, Rock, Arkansas; and William Kristol, The Weekly Chicago, Illinois; and Jeremy Siegel, University of Standard, Washington, D.C. Pennsylvania, Philadelphia. GLOBAL ENERGY SECURITY BUSINESS MEETING: COMPREHENSIVE Committee on Foreign Relations: Subcommittee on ENERGY LEGISLATION International Economic Policy, Export and Trade Committee on Energy and Natural Resources: Committee Promotion concluded hearings to examine global en- met to consider comprehensive energy legislation, fo- ergy security issues, focusing on petroleum trends, cusing on provisions relating to hydrogen, personnel the Western Hemisphere, Russia, the Caspian re- and training, State energy programs, energy effi- gion, Africa, domestic energy supplies, and oil mar- ciency, and renewable energy, but did not complete ket dynamics, after receiving testimony from Kyle E. action thereon, and will meet again on Wednesday, McSlarrow, Deputy Secretary of Energy; Alan P. April 9. Larson, Under Secretary of State for Economic, Busi- ness, and Agricultural Affairs; Daniel Yergin, Cam- CLEAR SKIES ACT bridge Energy Research Associates, Cambridge, Mas- Committee on Environment and Public Works: Sub- sachusetts; and Vahan Zanoyan, PFC Energy, and committee on Clean Air, Climate Change, and Nu- Martha Brill Olcott, Carnegie Endowment for Inter- clear Safety concluded hearings to examine S. 485, national Peace, both of Washington, D.C. to amend the Clean Air Act to reduce air pollution HUMAN CAPITAL MANAGEMENT through expansion of cap and trade programs, to provide an alternative regulatory classification for Committee on Governmental Affairs: Subcommittee on units subject to the cap and trade program, after re- Oversight of Government Management, the Federal ceiving testimony from Christine Todd Whitman, Workforce, and the District of Columbia concluded Administrator, and Jeffrey Holmstead, Assistant Ad- joint hearings with the House Committee on Gov- ministrator, Office of Air and Radiation, both of the ernment Reform’s Subcommittee on Civil Service Environmental Protection Agency; Glenn L. and Agency Organization to examine the federal McCullough, Jr., Tennessee Valley Authority; James government’s strategic human capital management E. Rogers, Cinergy Corp, Cincinnati, Ohio, on behalf and related proposals to facilitate the General Ac- of the Edison Electric Institute; David G. Hawkins, counting Office’s efforts to recruit and retain top tal- Natural Resources Defense Council, Washington, ent, develop a more performance-based compensation D.C.; Eugene Trisko, United Mine Workers of system, help realign the federal workforce, and facili- America, Fairfax, Virginia; Bernard Melewski, The tate succession planning and knowledge transfer ef- Adirondack Council, Elizabethtown, New York; and forts, after receiving testimony from David M. Bob Colburn, Northeast States for Coordinated Air Walker, Comptroller General of the United States, Use Management, Boston, Massachusetts. General Accounting Office; Dan G. Blair, Deputy Director, Office of Personnel Management; Bobby L. ENRON Harnage, Sr., American Federation of Government Committee on Finance: Committee concluded hearings Employees, AFL–CIO, Colleen M. Kelley, National to examine the Joint Committee on Taxation Inves- Treasury Employees Union, Carol A. Bonosaro, Sen- tigative Report on executive compensation and com- ior Executives Association, Hannah S. Sistare, Na- pany-owned life insurance arrangements of Enron tional Commission on the Public Service, Max Stier,

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Partnership for Public Service, and Major General amendment to the Constitution of the United States Robert A. McIntosh, USAF (Ret.), Reserve Officers to protect the rights of crime victims, after receiving Association of the United States, all of Washington, testimony from Representative Royce; Viet D. Dinh, D.C.; Karen Heiser, Federal Managers Association, Assistant Attorney General, Office of Legal Policy, Alexandria, Virginia; Steven J. Kelman, Harvard Department of Justice; Collene Thompson Campbell, University John F. Kennedy School of Government, California Commission on Peace Officer Standards Cambridge, Massachusetts; and Jeff Taylor, Monster, and Training, San Juan Capistrano; Steven J. Twist, Maynard, Massachusetts. National Victims Constitutional Amendment MAMMOGRAPHY QUALITY STANDARDS Project, Phoenix, Arizona; James Orenstein, Fordham ACT AUTHORIZATION University and New York University, New York; Committee on Health, Education, Labor, and Pensions: Earlene Eason, Gary, Indiana; Duane Lynn, Peoria, Committee concluded hearings to examine the Mam- Arizona; and Patricia Perry, Seaford, New York. mography Standards Act of 1992, to amend the Public Health Service Act to establish the authority SERGEANT AT ARMS/LOC/CRS for the regulation of mammography services and ra- Committee on Rules and Administration: Committee diological equipment, after receiving testimony from concluded oversight hearings to examine the oper- D. David Dershaw, Cornell University Medical Col- ations of the offices of the Sergeant at Arms, Library lege, Ithaca, New York, on behalf of the Society for of Congress, and Congressional Research Service, Breast Imaging; Diana Rowden, Dallas, Texas, on after receiving testimony from William Pickle, Ser- behalf of the Susan G. Komen Breast Cancer Foun- geant at Arms of the Senate, and Alfonso E. dation; and Leonard Berlin, Rush Medical College, Lenhardt, former Sergeant at Arms of the Senate; Chicago, Illinois. James H. Billington, Librarian of Congress; and CRIME VICTIMS’ RIGHTS Daniel P. Mulholland, Director, Congressional Re- CONSTITUTIONAL AMENDMENT search Service, Library of Congress, each were accom- Committee on the Judiciary: Committee concluded panied by several of their associates. hearings to examine S.J. Res. 1, proposing an h House of Representatives H. Res. 181, providing for consideration of H.R. Chamber Action 1036, to prohibit civil liability actions from being Measures Introduced: 22 public bills, H.R. brought or continued against manufacturers, dis- 1659–1680; and 5 resolutions, H. Con. Res. tributors, dealers, or importers of firearms or ammu- 141–142, and H. Res. 182–184, were introduced. nition for damages resulting from the misuse of their Pages H2937–39 products by others (H. Rept. 108–64); and Additional Cosponsors: Pages H2939–40 H.R. 1644, to enhance energy conservation and research and development, to provide for security Reports Filed: Reports were filed today as follows: and diversity in the energy supply for the American H.R. 1528, to amend the Internal Revenue Code people, amended (H. Rept. 108–65 Part 1). of 1986 to protect taxpayers and ensure account- Page H2937 ability of the Internal Revenue Service, amended (H. Rept. 108–61); Speaker Pro Tempore: Read a letter from the H.R. 1297, to require the construction at Arling- Speaker wherein he appointed Representative Sim- mons to act as Speaker Pro Tempore for today. ton National Cemetery of a memorial to the crew of the Columbia Orbiter (H. Rept. 108–62 Part 1); Page H2865 H.R. 658, to provide for the protection of inves- Recess: The House recessed at 11 a.m. and recon- tors, increase confidence in the capital markets sys- vened at 12 noon. Page H2868 tem, and fully implement the Sarbanes-Oxley Act of United States Capitol Preservation Commission: 2002 by streamlining the hiring process for certain The Chair announced the Speaker’s appointment of employment positions in the Securities and Exchange Representatives Young of Florida and LaTourette to Commission, amended (H. Rept. 108–63 Part 1); the United States Capitol Preservation Commission.

VerDate Jan 31 2003 04:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP3.REC D08AP3 April 8, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D367 Later, read a letter from the Minority Leader wherein regime, calling for the immediate release of all polit- she announced her appointment of Representative ical prisoners, and supporting respect for basic Fattah to the commission. Page H2869 human rights and free elections in Cuba (agreed to Emergency Wartime Supplemental Appropria- by 2⁄3 yea-and-nay vote of 414 yeas with none voting tions—Go to Conference: The House disagreed ‘‘nay’’ with 11 voting ‘‘present’’, Roll No. 117); and with the Senate amendment to H.R. 1559, making Pages H2887–95, H2910–11 emergency wartime supplemental appropriations for Clean Diamond Trade Act: H.R. 1584, amend- the fiscal year ending September 30, 2003, and ed, to implement effective measures to stop trade in agreed to a conference. Pages H2870–72 conflict diamonds (agreed to by 2⁄3 yea-and-nay vote Appointed as conferees: Chairman Young of Flor- of 419 yeas to 2 nays with 1 voting ‘‘present’’, Roll ida and Representatives Regula, Lewis of California, No. 118). Pages H2895–H2901, H2911 Rogers of Kentucky, Wolf, Kolbe, Walsh, Taylor of North Carolina, Hobson, Istook, Bonilla, Knollen- Suspension Proceedings Postponed: Further pro- berg, Kingston, Frelinghuysen, Obey, Murtha, ceedings on the following motions to suspend the Dicks, Sabo, Mollohan, Kaptur, Visclosky, Lowey, rules debated today were postponed until Wednes- Serrano, Moran of Virginia, and Edwards. Page H2877 day, April 9. Page H2937 Agreed to Obey motion to instruct conferees to 40th Anniversary of the Sinking of the USS recede to the Senate on section 409 of the Senate Thresher: H. Res. 170, Recognizing the 40th anni- amendment providing 26 weeks of additional tem- versary of the sinking of the USS Thresher; and porary extended unemployment compensation for Pages H2883–85 displaced airline related workers by yea-and-nay vote Condolences on the Assassination of Prime Minister Zoran of 265 yeas to 150 nays, Roll No. 112. Djindjic of Serbia: H. Res. 149, expressing the condo- Pages H2871–72, H2877 lences of the House of Representatives in response to Suspensions: The House agreed to suspend the rules the assassination of Prime Minister Zoran Djindjic of and pass the following measures: Serbia. Pages H2885–87 Nutria Eradication and Control: H.R. 273, to Postal Civil Service Retirement System Funding Reform provide for the eradication and control of nutria in Act: The House passed S. 380, to amend chapter 83 Maryland and Louisiana (agreed to by 2⁄3 yea-and- of title 5, United States Code, to reform the funding nay vote of 385 yeas to 30 nays, Roll No. 113); of benefits under the Civil Service Retirement Sys- Pages H2872–74, H2878 tem for employees of the United States Postal Serv- Payment of Environmental Reviews by the De- ice by yea-and-nay vote of 424 yeas with none vot- partment of Agriculture: H.R. 108, to amend the ing ‘‘nay,’’ Roll No. 115—clearing the measure for Education Land Grant Act to require the Secretary the President. H.R. 735, a similar House passed bill, of Agriculture to pay the costs of environmental re- was laid upon the table. Pages H2901–09 views with respect to conveyances under that Act Waxman amendment No. 1 (to H.R. 735, to (agreed to by 2⁄3 yea-and-nay vote of 406 yeas to 8 amend chapter 83 of title 5, United States Code, to nays, Roll No. 114); Pages H2874–75, H2878–79 reform the funding of benefits under the Civil Serv- McLoughlin House National Historic Site: H.R. ice Retirement System for employees of the United 733, to authorize the Secretary of the Interior to ac- States Postal Service) printed in the Congressional quire the McLoughlin House National Historic Site Record of April 1 was offered but subsequently in Oregon City, Oregon, and to administer the site withdrawn that sought to strike provisions requiring as a unit of the National Park System; the Postal Service to pay retirement benefits attrib- Pages H2875–77 utable to prior military service. Pages H2908–09 National Small Business Regulatory Assistance: The bill was considered pursuant to the unani- H.R. 205, to amend the Small Business Act to di- mous consent order of the House of April 7. rect the Administrator of the Small Business Admin- Page H2909 istration to establish a program to provide regulatory Coordinating Council on Juvenile Justice and compliance assistance to small business concerns (2⁄3 Delinquency Prevention: The Chair announced the yea-and-nay vote of 417 yeas to 4 nays, Roll No. Speaker’s reappointment of Mr. Michael J. Mahoney 116); Pages H2879–83, H2909–10 of Chicago, Illinois to the Coordinating Council on Systematic Human Rights Violations in Cuba: Juvenile Justice and Delinquency Prevention for a H. Res. 179, expressing the sense of the House of three-year term. Pages H2911–12 Representatives regarding the systematic human Senate Messages: Messages received from the Senate rights violations in Cuba committed by the Castro today appears on page H2865.

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Referrals: S. 164, S. 212, S. 278, S. 328, and S. Century Act. Testimony was heard from Roger W. 347 were referred to the Committee on Resources. S. Ferguson, Vice-Chairman, Board of Governors, Fed- 220 was held at the desk. Page H2936 eral Reserve System; and public witnesses. Quorum Calls—Votes: Seven yea-and-nay votes de- HOMEOWNERSHIP THROUGH DOWN veloped during the proceedings of the House today PAYMENT ASSISTANCE and appear on pages H2877, H2878, H2878–79, Committee on Financial Services: Subcommittee on H2909, H2909–10, H2910–11, and H2911. There Housing and Community Opportunity held a hear- were no quorum calls. ing entitled ‘‘Promoting the American Dream of Homeownership through Down Payment Assist- Adjournment: The House met at 10:30 a.m. and ance.’’ Testimony was heard from Mel Martinez, Sec- adjourned at 9:44 p.m. retary of Housing and Urban Development; and public witnesses. Committee Meetings ONDCP REAUTHORIZATION HOMELAND SECURITY APPROPRIATIONS Committee on Government Reform: Subcommittee on Committee on Appropriations; Subcommittee on Home- Criminal Justice, Drug Policy, and Human Re- land Security held a hearing on Special Security sources held a hearing entitled ‘‘ONDCP Reauthor- Events. Testimony was heard from Ralph Basham, ization: The High-Intensity Drug Trafficking Areas Director, U.S. Secret Service, Department of Home- Program and CTAC.’’ Testimony was heard from land Security. Scott Burns, Deputy Director, Office of State and Local Affairs, Office of National Drug Control Pol- LABOR, HHS, EDUCATION AND RELATED icy; Roger Guevara, Chief of Operations, DEF, De- AGENCIES APPROPRIATIONS partment of Justice; Christy McCampbell, Chief, Committee on Appropriations: Subcommittee on Labor, Bureauof Narcotics Enforcement, Department of Jus- Health and Human Services, Education and Related tice, State of California; Wayne Wiberg, Com- Agencies continued hearings on NIH. Testimony mander, Narcotics and Gang Investigation Section, was heard from the following officials of the Depart- Police Department, Chicago, Illinois; the following ment of Health and Human Services, NIH: Elias officials of the State of Maryland: Lt. Col. Steve Zerhouni, M.D., Director; Raynard Kington, M.D., Moyer, Chief, Homeland Defense/Intelligence Bu- Deputy Director; James Battey, M.D., Director, Na- reau, State Police; and Anthony Romano, Chief, Or- tional Institute on Deafness and Other Communica- ganized Crime Division, Baltimore Police Depart- tion Disorders; and Francis Collins, M.D, Director, ment; Ron Burns, Chief, Lakewood Police Depart- National Human Genome Research Institute; and ment, State of Colorado; and Peter Modafferi, Chief Thomas Insel, M.D, Director, National Institute on of Detectives, Rockland County, District Attorney’s Mental Health. Office, State of New York. VA, HUD AND INDEPENDENT AGENCIES CALIFORNIA’S ELECTRICITY MARKET APPROPRIATIONS Committee on Government Reform: Subcommittee on Committee on Appropriations: Subcommittee on VA, Energy Policy, Natural Resources and Regulatory HUD and Independent Agencies held a hearing on Affairs held a hearing on ‘‘California’s Electricity NASA. Testimony was heard from Sean O’Keefe, Market: Refunds and Reform.’’ Testimony was heard Administrator, NASA. from Patrick Wood III, Chairman, Federal Energy Regulatory Commission, Department of Energy; and SMALL BUSINESS HEALTH FAIRNESS ACT public witnesses. Committee on Education and the Workforce: Sub- committee on Employer-Employee Relations ap- OVERSIGHT—FEDERAL GOVERNMENT— proved for full Committee action, as amended, H.R. CONSOLIDATED FINANCIAL STATEMENTS 660, Small Business Health Fairness Act of 2003. Committee on Government Reform: Subcommittee on Government Efficiency and Financial Management DESIGNING 21ST CENTURY MEDICARE held an oversight hearing entitled ‘‘The Consolidated PRESCRIPTION DRUG BENEFIT Financial Statements of the Federal Government for Committee on Energy and Commerce: Subcommittee on Fiscal Year 2002.’’ Testimony was heard from David Health held a hearing entitled ‘‘Designing a Twen- M. Walker, Comptroller General, GAO; Linda M. ty-First Century Medicare Prescription Drug Ben- Springer, Controller, Office of Federal Financial efit.’’ Testimony was heard from public witnesses. Management, OMB; and Donald V. Hammond, Fis- CHECK CLEARING FOR THE 21ST CENTURY cal Assistant Secretary, Department of the Treasury. ACT CYBER SECURITY Committee on Financial Services: Subcommittee on Fi- Committee on Government Reform: Subcommittee on nancial Institutions and Consumer Credit held a Technology, Information Policy, Intergovernmental hearing on H.R. 1474, Check Clearing for the 21st Relations and the Census held a hearing entitled

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‘‘Cyber Security: The Challenges Facing Our Nation mittee report accompanying the resolution. The rule In Critical Infrastructure Protection.’’ Testimony was provides that the amendments printed in the report heard from Mark A. Forman, Associate Director, In- shall be considered only in the order printed in the formation Technology and Electronic Government, report, may be offered only by a Member designated OMB; Robert Dacey, Director, Information Security in the report, shall be considered as read, shall be Issues, GAO; Thomas Pyke, Chief Information Offi- debatable for the time specified in the report equally cer, Department of Commerce; Richard Clarke, divided and controlled by the proponent and an op- former Special Advisor to the President for Cyber- ponent, shall not be subject to amendment, and shall space Security; and public witnesses. not be subject to a demand for a division of the OVERSIGHT—DEPARTMENT OF JUSTICE question in the House or in the Committee of the Whole. The rule waives all points of order against REAUTHORIZATION the amendments printed in the report. Finally, the Committee on the Judiciary: Subcommittee on Com- rule provides one motion to recommit with or with- mercial and Administrative Law held an oversight out instructions. Testimony was heard from Chair- hearing on the ‘‘Reauthorization of the United States man Sensenbrenner, Representatives Watt, Lofgren, Department of Justice: Executive Office of the Jackson-Lee of Texas and Van Hollen. United States Attorneys, Civil Division, Environ- ment and Natural Resources Division, Executive Of- LITIGATING THE AMERICANS WITH fice for United States Trustees, and Office of Solic- DISABILITY ACT itor General.’’ Testimony was heard from the fol- lowing officials of the Department of Justice: Thom- Committee on Small Business: Subcommittee on Rural as Sansonetti, Assistant Attorney General, Environ- Enterprise, Agriculture and Technology held a hear- ment and Natural Resources Division; Stuart ing on Litigating the Americans with Disability Act. Schiffer, Deputy Assistant Attorney General, Civil Testimony was heard from Representative Foley; and Division; Guy Lewis, Director, Executive Office for public witnesses. U.S. Attorneys; and Lawrence Friedman, Director, ADOPTION AND SAFE FAMILIES ACT Executive Office for United States Trustees. IMPLEMENTATION MISCELLANEOUS MEASURES Committee on Ways and Means: Subcommittee on Committee on Resources: Subcommittee on National Human Resources held a hearing to examine imple- Parks, Recreation and Public Lands held a hearing mentation of the Adoption and Safe Families Act of on the following bills: H.R. 272, to direct the Sec- 1997. Testimony was heard from Wade F. Horn, As- retary of Agriculture to convey certain land to Land- sistant Secretary, Administration for Children and er County, Nevada, and the Secretary of the Interior Families, Department of Health and Human Serv- to convey certain land to Eureka County, Nevada, ices; Cornelia Ashby, Director, Education, Work- for continued use as cemeteries; H.R. 437, Coltsville force, and Income Security Issues, GAO; and public Study Act of 2003; and H.R. 1113, to authorize an witnesses. exchange of land at Fort Frederica National Monu- ment. Testimony was heard from Representatives 2003 TAX RETURN FILING SEASON AND Larson of Connecticut and Kingston; the following BUDGET FOR FISCAL YEAR 2004 officials of the Department of the Interior: Bob An- Committee on Ways and Means: Subcommittee on derson, Acting Assistant Director, Minerals, Realty Oversight held a hearing on the 2003 Tax Return and Resource Protection, Bureau of Land Manage- Filing Season and the IRS Budget for Fiscal Year ment; and Jeffrey Taylor, Assistant Director, Legisla- 2004. Testimony was heard from Robert E. Wenzel, tive and Congressional Affairs, National Park Serv- Acting Commissioner, IRS, Department of the ice; Gloria Manning, Associate Deputy Chief, Na- Treasury; James R. White, Director, Tax Issues, tional Forest System, USDA; former Senator Mack GAO; Karen Hastie Williams, member, IRS Over- Mattingly, State of Georgia; and a public witness. sight Board; and public witnesses. PROTECTION OF LAWFUL COMMERCE IN ARMS ACT Joint Meetings Committee on Rules: The Committee granted, by voice vote, a structured rule providing 1 hour of general HUMAN CAPITAL debate on H.R. 1036, Protection of Lawful Com- Committee on Governmental Affairs: Subcommittee on merce in Arms Act of 2003. The rule waives all Oversight of Government Management, the Federal points of order against consideration of the bill. The Workforce, and the District of Columbia concluded rule provides that the amendment in the nature of joint hearings with the House Subcommittee on a substitute recommended by the Committee on the Civil Service and Agency Organization to examine Judiciary now printed in the bill shall be considered the federal government’s strategic human capital as an original bill for the purpose of amendment and management and consider pending legislation on the shall be considered as read. The rule makes in order federal workforce, and building on the current mo- only those amendments printed in the Rules Com- mentum to address high-risk issues, after receiving

VerDate Jan 31 2003 04:57 Apr 09, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 5627 E:\CR\FM\D08AP3.REC D08AP3 D370 CONGRESSIONAL RECORD — DAILY DIGEST April 8, 2003 testimony from David M. Walker, Comptroller Gen- cury, S. 515, to provide additional authority to the Office eral of the United States; Dan G. Blair, Deputy Di- of Ombudsman of the Environmental Protection Agency, rector, Office of Personnel Management; Bobby L. H.R.289, to expand the boundaries of the Ottawa Na- Harnage, Sr., American Federation of Government tional Wildlife Refuge Complex and the Detroit River International Wildlife Refuge, S. 163, to reauthorize the Employees, AFL-CIO, Colleen M. Kelley, National United States Institute for Environmental Conflict Reso- Treasury Employees Union, Carol A. Bonosaro, Sen- lution, S. 791, to amend the Clean Air Act to eliminate ior Executives Association, Hannah S. Sistare, Na- methyl tertiary butyl ether from the United States fuel tional Commission on the Public Service, Max Stier, supply, to increase production and use of renewable fuel, Partnership for Public Services, and Major General and to increase the Nation’s energy independence, S. 156, Robert A. McIntosh, USAF (Ret.), Reserve Officers to amend the Atomic Energy Act of 1954 to reauthorize Association of the United States, all of Washington, the Price-Anderson provisions, the nominations of Rich- D.C.; Karen Heiser, Federal Managers Association, ard W. Moore, of Alabama, to be Inspector General, Ten- Alexandria, Virginia; Steven J. Kelman, Harvard nessee Valley Authority, Ricky Dale James, of Missouri, University John F. Kennedy School of Government, and Rear Adm. Nicholas Augustus Prahl, National Oce- anic and Atmospheric Administration, to be a Member of Cambridge, Massachusetts; and Jeff Taylor, Monster, the Mississippi River Commission, Robert Boldrey, of Maynard, Massachusetts. Michigan, Richard Narcia and Herbert Guenther, both of f Arizona, Bradley Udall, of Colorado, and Malcolm B. Bowekaty, of New Mexico, each to be a Member of the COMMITTEE MEETINGS FOR WEDNESDAY, Board of Trustees of the Morris K. Udall Scholarship and APRIL 9, 2003 Excellence in National Environmental Policy Foundation, (Committee meetings are open unless otherwise indicated) and the nomination of John Paul Woodley, Jr., of Vir- ginia, to be an Assistant Secretary of the Army for Civil Senate Works, 9:30 a.m., SD–406. Committee on Appropriations: Subcommittee on Labor, Committee on Finance: to hold hearings to examine the Health and Human Services, and Education, to hold hear- annual report for 2003 of the Board of Trustees of the ings to examine proposed budget estimates for fiscal year Federal Old Age and Survivors Insurance and Disability 2004 for the Department of Labor, 9:30 a.m., SD–138. Insurance Trust Funds, 10 a.m., SD–215. Subcommittee on Defense, to hold hearings to examine Committee on Foreign Relations: business meeting to con- missile defense, 10 a.m., SD–192. sider proposed legislation to authorize appropriations for Subcommittee on Transportation, Treasury and General the Department of State, and United States international Government, to hold hearings to examine proposed budg- broadcasting activities, S.J. Res. 3, expressing the sense et estimates for fiscal year 2004 for the Internal Revenue of Congress with respect to human rights in Central Asia, Service, 2 p.m., SD–124. H.R. 441, to amend Public Law 107–10 to authorize a Committee on Armed Services: Subcommittee on Emerging United States plan to endorse and obtain observer status Threats and Capabilities, to hold hearings to examine for Taiwan at the annual summit of the World Health proposed legislation authorizing funds for fiscal year 2004 Assembly in May 2003 in Geneva, Switzerland, the for the Department of Defense, focusing on Special Oper- nominations of Lino Gutierrez, of Florida, to be Ambas- ations Command, 9:30 a.m., SR–222. sador to Argentina, Roland W. Bullen, of Virginia, to be Subcommittee on Readiness and Management Support, Ambassador to the Co-operative Republic of Guyana, Eric to hold hearings to examine proposed legislation author- M. Javits, of New York, for the rank of Ambassador dur- izing funds fiscal year 2004 for the Department of De- ing his tenure of service as United States Representative fense, focusing on the readiness of the military services to to the Organization for the Prohibition of Chemical conduct current operations and execute contingency plans, Weapons, John W. Snow, of Virginia, to be United 2:30 p.m., SR–222. States Governor of the International Monetary Fund, and Committee on Commerce, Science, and Transportation: to a Foreign Service Officer appointment/promotion list, hold hearings to examine transportation and border secu- 9:30 a.m., SD–419. rity, 10 a.m., SR–253. Subcommittee on East Asian and Pacific Affairs, to Committee on Energy and Natural Resources: business hold hearings to examine United States policy with re- meeting to consider comprehensive energy legislation, 10 spect to the trafficking in women and children in East a.m., SD–366. Asia, and the nomination of Pamela J. H. Slutz, of Texas, Committee on Environment and Public Works: business to be Ambassador to Mongolia, 2:30 p.m., SD–106. meeting to consider H.R.145, to designate the Federal Full Committee, to hold hearings to examine the building located at 290 Broadway in New York, New nominations of Joseph LeBaron, of Oregon, to be Ambas- York, as the ‘‘Ted Weiss Federal Building’’, S. 703, to sador to the Islamic Republic of Mauritania, Gregory W. designate the regional headquarters building for the Na- Engle, of Colorado, to be Ambassador to the Togolese tional Park Service under construction in Omaha, Ne- Republic, Wayne E. Neill, of Nevada, to be Ambassador braska, as the ‘‘Carl T. Curtis National Park Service Mid- to the Republic of Benin, Helen R. Meagher La Lime, of west Regional Headquarters Building’’, S. 763, to des- Florida, to be Ambassador to the Republic of Mozam- ignate the Federal building and United States courthouse bique, and William M. Bellamy, of California, to be Am- located at 46 Ohio Street in Indianapolis, Indiana, as the bassador to the Republic of Kenya, 3 p.m., SD–419. ‘‘Birch Bayh Federal Building and United States Court- Full Committee, to hold hearings to examine the house’’, S. 616, to amend the Solid Waste Disposal Act nominations of Heather M. Hodges, of Ohio, to be Am- to reduce the quantity of mercury in the environment by bassador to the Republic of Moldova, Eric S. Edelman, of limiting the use of mercury fever thermometers and im- Virginia, to be Ambassador to the Republic of Turkey, proving the collection and proper management of mer- Ralph Frank, of Washington, to be Ambassador to the

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Republic of Croatia, Reno L. Harnish, of California, to be Committee on Energy and Commerce, Subcommittee on Ambassador to the Republic of Azerbaijan, Stephen D. Health, hearing entitled ‘‘Strengthening and Improving Mull, of Virginia, to be Ambassador to the Republic of Medicare,’’ 10 a.m., 2322 Rayburn. Lithuania, and Stephen M. Young, of New Hampshire, to Subcommittee on Telecommunications and the Inter- be Ambassador to the Kyrgyz Republic, 4:30 p.m., net, to mark up H.R. 1320, Commercial Spectrum En- SD–419. hancement Act, 10 a.m., 2123 Rayburn. Committee on Governmental Affairs: to hold hearings to Committee on Financial Services, Subcommittee on Finan- examine Homeland Security, 9:30 a.m., SD–342. cial Institutions and Consumer Credit, to consider H.R. Committee on Health, Education, Labor, and Pensions: busi- 1375, Financial Services Regulatory Relief Act of 2003, ness meeting to consider S. 754, to amend the Public 10 a.m., 2128 Rayburn. Health Service Act to improve immunization rates by in- Committee on Government Reform, to consider immunity creasing the distribution of vaccines and improving and for William Bulger and Francis Salemme; followed by a clarifying the vaccine injury compensation program, the nominations of Karen Johnson, of Virginia, to be Assist- hearing on ‘‘The SARS Threat: Is the Nation’s Public ant Secretary for Legislation and Congressional Affairs, Health Network Prepared for a Possible Epidemic,’’ 10 Department of Education, Delores M. Etter, of Maryland, a.m., 2154 Rayburn. Daniel E. Hastings, of Massachusetts, Jo Anne Vasquez, Committee on the Judiciary, Task Force on Antitrust, of Arizona, Barry C. Barish, of California, and Douglas D. hearing on H.R. 1086, Standard Development Organiza- Randall, of Missouri, each to be a Member of the Na- tion Advancement Act of 2003, 10 a.m., 2141 Rayburn. tional Science Board, National Science Foundation, 10 Committee on Rules, to consider H.R. 6, Energy Policy a.m., SD–430. Act of 2003, 2:30 p.m., H–313 Capitol. Committee on Indian Affairs: to hold hearings to examine Committee on Science, hearing on The Societal Implica- S. 285, to authorize the integration and consolidation of tions of Nanotechnology, focusing on H.R. 766, alcohol and substance abuse programs and services pro- Nanotechnology Research and Development Act of 2003, vided by Indian tribal governments, S. 558, to elevate the 10 a.m., 2318 Rayburn. position Director of the Indian Health Service within the Committee on Small Business, hearing entitled ‘‘Will We Department of Health and Human Services to Assistant Have an Economic Recovery Without a Strong U.S. Man- Secretary for Indian Health, and S. 555, to establish the ufacturing Base?’’ 2 p.m., 2360 Rayburn. Native American Health and Wellness Foundation, 10 Committee on Transportation and Infrastructure, to mark a.m., SR–485. up the following: GSA Fiscal Year Lease Resolutions and House amending Resolutions; H. Con. Res. 53, authorizing the Committee on Appropriations, Subcommittee on Com- use of the Capitol Grounds for the Greater Washington merce, Justice, State and the Judiciary, and Related Soap Box Derby; H. Con. Res. 96, authorizing the use Agencies, on Supreme Court, 10 a.m., and on FTC, 2 of the Capitol Grounds for the National Peace Officers’ p.m., H–309 Capitol. Memorial Service; H. Con. Res. 128, authorizing the use Subcommittee on District of Columbia, on Court Serv- of the Capitol Grounds for the National Peace Officers’ ices and Offender Supervision Agency, 10 a.m., 2362A Memorial Service; H.R. 281, to designate the Federal Rayburn. building and United States courthouse located at 200 Subcommittee on Foreign Operations, Export Financ- West 2nd Street in Dayton, Ohio, as the ‘‘Tony Hall ing and Related Programs, on AID, 2 p.m., 2359 Ray- Federal Building and United States Courthouse;’’ H.R. burn. 1018, to designate the building located at 1 Federal Plaza Subcommittee on Labor, Health and Human Services, in New York, New York, as the ‘‘James L. Watson Education and Related Agencies, on Bioterrorism, 10:15 United States Court of International Trade Building;’’ a.m., 2358 Rayburn. and H.R. 1527, National Transportation Safety Board Subcommittee on Legislative, on House of Representa- Reauthorization Act of 2003, 11 a.m., 2167 Rayburn. tives, 2 p.m., on Library of Congress, 3 p.m., on CBO, Subcommittee on Aviation, hearing on Reauthorization 4 p.m., on GPO, 4:30 p.m., and on GAO, 5:30 p.m., of the Federal Aviation Administration and the Aviation H–144 Capitol. Programs: General Aviation, 2 p.m., 2167 Rayburn. Subcommittee on Transportation and Treasury, and Subcommittee on Economic Development, Public Independent Agencies, on National Youth Anti-Drug Buildings and Emergency Management, hearing on Re- Media Campaign, 10 a.m., and on FAA Personnel Costs gional Economic Development Authority issues relating and Management, 2 p.m., 2358 Rayburn. to reauthorization of the Economic Development Admin- Subcommittee on VA, HUD, and Independent Agen- istration, 2 p.m., 2253 Rayburn. cies, on public witnesses, 9:30 a.m., and 1:30 p.m., Committee on Veterans’ Affairs, Subcommittee on Bene- H–143 Capitol. fits, oversight hearing on the Troops to Teachers Pro- Committee on Education and the Workforce, to mark up gram, 2 p.m., 334 Cannon. H.R. 1350, Improving Education Results for Children Committee on Ways and Means, hearing on Expanding With Disabilities Act of 2003, 10:30 a.m., 2175 Ray- Coverage of Prescription Drugs in Medicare, 11 a.m., burn. 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, April 9 10 a.m., Wednesday, April 9

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday: Consideration of H.R. 1036, Senators for speeches and the transaction of any morning Protection of Lawful Commerce in Arms Act (structured business (not to extend beyond 11:30 a.m.), Senate will rule, one hour of general debate); continue consideration S. 476, the CARE Act, with a Consideration of suspensions: vote on the Nickles amendment and a vote on passage of (1) H. Res. 165, support for a renewed effort to find the bill to occur at approximately 12:30 p.m.; following a lasting settlement to the Cyprus problem; which, Senate will continue consideration of the nomina- (2) H.R. , Armed Forces Tax Fairness Act; and tion of Priscilla Richman Owen, of Texas, to be United (3) H. Con. Res. , Fundamental Tax Reform Act. States Circuit Judge for the Fifth Circuit.

Extensions of Remarks, as inserted in this issue

HOUSE Hoeffel, Joseph M., Pa., E705 Miller, Gary G., Calif., E709 Honda, Michael M., Calif., E704 Miller, George, Calif., E699 Bachus, Spencer, Ala., E705 Israel, Steve, N.Y., E701 Pallone, Frank, Jr., N.J., E708, E709 Bass, Charles F., N.H., E702 Johnson, Eddie Bernice, Tex., E709 Payne, Donald M., N.J., E703 Boyd, Allen, Fla., E704 Jones, Stephanie Tubbs, Ohio, E705 Portman, Rob, Ohio, E705 Davis, Lincoln, Tenn., E707, E709 Kanjorski, Paul E., Pa., E703 Davis, Tom, Va., E700 Kaptur, Marcy, Ohio, E705 Sanders, Bernard, Vt., E708 Fletcher, Ernie, Ky., E702 Kucinich, Dennis J., Ohio, E706 Stark, Fortney Pete, Calif., E701 Frost, Martin, Tex., E701 Lipinski, William O., Ill., E700, E703 Tanner, John S., Tenn., E707 Gallegly, Elton, Calif., E699 McGovern, James P., Mass., E699 Udall, Mark, Colo., E704 Hastings, Alcee L., Fla., E700 McInnis, Scott, Colo., E702, E702, E704, E705, E705, Walsh, James T., N.Y., E702 Herger, Wally, Calif., E701 E707 Hinchey, Maurice D., N.Y., E699 Meehan, Martin T., Mass., E709, E710

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